The principle of law that must be remembered in all of these cases is that when resort can be made to settle the controversy amicably, such must be done. All the frivolous lawsuits that are filed not only clog up the dockets of courts but also waste valuable resources and time that can be used to settle more important issues (Bagley and Savage, 2006). Cases such as Pearson v Chung not only prevent other individuals from protecting their rights but also encourage the filing of more baseless suits.
Employment Law This is arguably one of the most important requirements that need to be complied with in the conduct of business. The reason for this lies in the fact that every country has taken numerous steps taken to ensure the protection of labor and to promote the development of labor. The Constitution clearly protects the right of workers by providing them with the security of tenure as well as providing the employees with the right to self-organization.
Under the Labor Code, protection is also bestowed upon labor by providing for minimum wage, security of tenure, grievance machinery, collective bargaining and by prescribing other conditions for employment. Despite all these laws, the plight of labor is, arguably, no better off. Corporations and businesses continually find ways and means to cut corners and reduce costs in the ever competitive global market. One of these methods is by reducing the number of workers or by employing a technique called “Labor Flexibilization.
” The same laws that are in place to protect labor are the same tools being utilized to exploit them. The Asia Pacific Research Journal noted in its June 2003 journal that though, “Security of tenure of workers may be an avowed principle enshrined even in the highest law of the country, the constitution, but by allowing the practice of certain forms of contractual labor such as subcontracting, and by ignoring gross violations of labor code provisions of various establishments, the government is condoning albeit even encouraging labor contractualization.
” As such, for companies and businesses that aim to operate and hire a number of workers, it is imperative for them to protect the rights of labor and to follow the statutory laws such as minimum wage and safe working conditions. Additionally, these workers are also protected by the constitutional limitation on their privacy such as the fact that the workers cannot be forced to submit to mandatory drug testing. It is clear from these examples that employment law and labor is a prime consideration that could affect the conduct of business.
The reason for this is that every business, no matter how big or small necessarily has people in its employ and such fact gives rise to the application of labor laws which must be followed. Trade Practices Another aspect of business that has been overlooked is the impact that trade has in the conduct of business. While the thrust of several countries and the WTO is to encourage free trade among member countries, it does not necessarily follow that free trade does actually exist. There are still certain trade mechanisms which are in place that have to be complied with.
One of these things is the tariff that is imposed on certain goods. Tariffs can be characterized as a tax, a deterrent. The imposition of tariffs will unduly restrict the willingness of countries to engage in trade and ultimately, if tariff restrictions are maintained, will result in counter measures such as the levying of higher tariffs on other goods and decrease trade in general (Cass 1997). To maintain a favorable balance in trade, there must be an equal or greater opportunity for the other trading country to gain an advantage as well.
As such, tariffs and trade restrictions are an important consideration for countries because if a good of a country is subject to a tariff it loses its competitive edge and becomes more expensive. Furthermore, the imposition of protectionist policies and trade restrictions makes it difficult for any business to expand because it imposes additional requirements before certain products can be imported. Different Liabilities Not strictly under the ambit of the laws on torts, there are additional violations that are legally imposed such as violations of warranties as well as violations of various health and regulatory laws.
For any person beginning or in the conduct of business, it is important to consider that the goods meet certain qualities and standards. The first set of these requirements falls under standard establishment liabilities. As explained in the laws on torts, when the owner of any establishment or business causes injury to a person directly or indirectly, that establishment or business is directly liable under the law. Since there is a burden of proof in court cases and law cases, the law also provides for recourse under regulatory standards which provide for an amount of liabilities and fines that attach for regulatory violations.
The second set of liabilities fall under violation of warranties. While companies are not expected to produce the best products they can but rather they are expected to produce goods that meet a certain public expectation. As such, when a company holds out to the public that they can expect a certain quality from the goods that they provide, the public can hold the company liable for not meeting such advertised expectation. It must also be remembered that the limitation does not only hold for expectations but also that the consumer is not left to his own devices and is substantially protected.