Ann Adams is the Managing Director of the new London Ofce of an American iT consultancy USAI, where you are working shortly after the completion of your Higher National Diploma. She knows that you studied a unit on Business Law, so she expects you can assist her with some legal problems. Problem 1 - Contract Dispute USAI has signed a contract for healthcare software with the National Health Service (NHS) in England. The oontract contains the following terms:- "USAI shall not be liable in any way for death or personal injury caused by use of the Software...\" \"USAI shall be liable to a maximum of 250,000 for any and all liability howsoever caused, whether arising under contractor from negligence, loss of prot or consequential loss.\" \"Any dispute relating to this agreement shall be submitted to mediation under the mediation rules of the ADR Group.\" The software is defective. Following from this;- . several NHS patients developed a more serious medical condition and one of them died; a staff spent many working hours trying to nd and x the problem, until eventually a replacement system was bought, all together costing the NHS 1.250,000: and o a letter has been received from the NHS' solicitors threatening action in the High Court. You are asked to prepare an e-maif to be sent to Ann in which you;- (a) explain the impact of contract law on the business in this case; (b) compare and evaluate, as legal solutions for resolving the dispute, the use of ADR and litigation, and state which of the two you would recommend; and (c) compare and evaluate. as sources of legal advice and support, solicitors and barristers. and explain how a company can obtain the services of each of these two. Problem 2 - Employment Issues Beth Bell, an employee in the London Ofce, when bending down under a workstation after dropping an earring on the oor. injured her back. She is arguing that the company \"failed to take reasonable steps to provide her with a safe system of work" and demanding 500,000. Meanwhile Chades Cole is one of 20 Computer Programmers working at the USAI London Ofce. All have complained about deadline-driven projects, like that for the NHS, with impossible deadlines and 100 hour working weeks. Charles has gone to a doctor several times and now has a note that he has \"severe stress" and is \"not t for work.\" Ann has not been sympathetic, micro~managing and monitoring every project and making constant criticisms of the programmers' work. One time she told Charles, \"Don't be such a cry-baby\L02 Illustrate the potential impact of the law on a business P3 Using specic examples M2 Differentiate between D1 Provide a coherent and illustrate how company, legislation. regulations critical evaluation of the legal employment and contract law has a and standards system and law, with evidence potential Impact upon business to analyse potential impacts drawn from a range of different upon business. relevant examples to support judgments. L04 Recommend appropriate legal solutions to resolve areas of dispute. P6 Recommend legal solutions for M4 Compare and contrast D3 Evaluate the effectiveness resolving a range of disputes using different sources of legal of legal solutions, legal advice examples to demonstrate how a advice and support for and support for dispute party might obtain legal advice and dispute resolution. resolution. support. Any act of plagiarism will be seriously dealt with according to the Academy's and awarding bodies' regulations. In this context the denition and scope of plagiarism are presented below: Plagiarism is presenting someone's work as your own. It includes copying information directly from the web or from books without referencing the material; submitting joint coursework as an individual effort; copying another student's coursework; stealing coursework from another student and submitting it as your own work. Suspected plagiarism will be investigated and if found to have occurred will be dealt with according to the Academy procedure. For further details please refer to the plagiarism policy and the student code of conduct. You are reminded that you must sign a declaration that the work submitted is your own see the "Learner Declaration\" below or the VLE when you submit your work online. I certify that the work submitted for this assignment is my own and research sources are fully acknowledged. Student signature: Date: (f) what court or tribunal would deal with these cases; and (g) evaluate the effectiveness of Charles' getting advice from a Citizens Advice Bureau and involving a Union. Problem 3 - Company Directors' Duties David Dilling is the Finance Director of USAI (UK) Lid. He has awarded a contract for recruiting all IT and specialist staff to a company called Healthrecruit Ltd. Ann has discovered that the Managing Director of Healthrecruit is David's wife, and that David himself is also acting as the Finance Director of that company. At the last Board Meeting of USAI (UK), when this transaction was put before the Board and discussed, this was not disclosed to the other Directors. The profits from this business are already more than $20,000, and over the years the contract is expected to be worth a substantial sum. You are asked to prepare a third e-mail in which you;- (h) explain the impact of company law in this case; and additionally, as far as you can, (i) evaluate critically any of the various laws and legal solutions you have reviewed for Ann. Evidence Checklist: Summary of evidence required by the student: Complete: Written Text answers for the three (3) problems, Problems 1, 2, 3 prepared in the form of three (3) e-mails, in a Word/ word-processed document (so that it can be run through Turnitin and submitted on the VLE) Submission Format and Guidance: While Higher National programmes are vocational and flexible, so that the points below are not formal Pearson BTEC requirements, nonetheless for this assignment it is recommended that you give attention to the following points. It is recommended that your written text should be; in the form of three (3) e-mails, to reflect the Scenario; in a Word/ word-processed document, so that it can be run through Turnitin and submitted on the VLE; professional in style, with clear and accurate language, and appropriate formal tone; with key points emphasised concisely, use of headings and subheadings, bullet points, etc.; with referencing of research sources, using the Harvard referencing system; with a separate list of references or bibliography provided at the end; and word count of approximately 1,000 - 1,500 words (Note that Pearson BTEC does not generally have formal requirements on word count. You will not be penalised for exceeding or producing less than, the number of words indicated. The intention is to offer a guideline to assist you in producing an assessment that will be considered sufficient to demonstrate your understanding by an objective third party.) You will be evaluated on the assessment criteria for LO2 and LO4 (i.e. P3, P6 - M2, M4 - D1, D3) (given below)