Business Law Amount of Compensation

Question: Describe about the Business Law for Amount of Compensation. Answer: Part 1 Recognition of contract enforcement indicators For the purpose of assessment, a case has been made up where the amount of compensation is 200% of the per capita income of the country or $5000. In this case compensation is awarded to the seller, as his quality of goods were satisfactory as per the court, an the buyer had not made any appeal against the decision There are mainly five contract enforcement indicators based on which the ease of doing economy is assessed. Court structure and proceedings Case management Court automation Alternative dispute resolution Judicial process quality With respect to court, structure and proceedings points are added and deducted based on the presence and absence of features like, commercial courts, small claim and fast track courts, female testimony acknowledgement and pretrial asset attachment. It is provided with an index of 0-5. Case management of a court is assessed by awarding points based on the, time regulation, number of adjournments, performance management of courts, pretrial case meetings and use of electronic case management by lawyers. It is provided with an index of 0-6. Court automation is assessed by awarding points based on electronic complaint filing, serving starting complain electronically, payment of fees electronically and electronic publication of judgments. It is provided with an index of 0-4. Alternative dispute resolution is measured by consolidate law governing of domestic commercial arbitration, types of disputes which can be submitted through arbitration, voluntary mediation and financial benefits for parties agreeing to mediation. It is provided with an index of 0-3. Finally, all this is added together for the assessment of the overall functioning of the courts with respect to automation, case management, court structure and capabilities of solving disputes using an alternative procedure. This is measured in an index of 0-18 under quality of judicial process. Benefits of the Indicators: The maintenance of specific courts to deal with commercial case can help the support the judiciary to become more effective. Specific courts for commercial activities, which help the business, get results with respect to judicial proceeding within a short time. The specialization of court in one aspect (commercial activities) of law promotes the uniform application of law in all cases (Moustafa 2014). Simple procedures with respect to small claims in commercial activities increase the trust of business organizations in the judicial system. These small claims court not only provide judgment within a short period but also are cost effective. They also help the other courts by reducing the number of cases with respect to minor claims. These courts have simple procedure and conduct their proceedings informally, which makes it very easy for the business organizations. The case management system of courts not only improves the efficiency with respect to processing but also increases the control of the court over the cases. If the case management system of the court is effective, it will automatically reflect on the record-keeping, reduced case blockage, prompt action and give accurate information about the allotment of time and resources. This effective management system will also lead prediction of court events, which will eventually increase the courts accountability and increased enterprises trust in the judicial system (Schultz and Mitchenson 2016). Principles such as early intervention of courts, establishment of time framework, submission of final judgment, filing of plea and creating real schedules and expectations will increase the efficiency of the courts and help the business enterprises to receive fast and accurate solutions. The features such as electronically filing complaint, evidence, payment of fees and reading of judgments rapidly increases the speed of the process involved in the processing of a lawsuit. In addition, the records, which are provided electronically, are very easy to access and are more reliable as compared to physical records. This also helps in reducing the chances of corruption within the court by minimizing physical interaction in the process. The feature of automation in courts also helps the business with reducing the cost of court procedure with respect to court visits and reproduction cost (Lucena et al. 2014). Alternative dispute resolution is a system the court involves process like mediation and arbitration to solve the disputes related to commercial activity (Moore 2014). In this case, the parties submit the matter to an independent arbitrator and he awards a final binding decision, which is binding on both the parties. This system of with respect to solving disputes in a different way is not taken as an alternative to regular litigation, but as a guide for courts to make quick and effective judgments. This also allows the parties to have an increased control over the matter and in most of the cases lead to more satisfaction with respect to the result (Weston 2012). Critical analysis Court Structure and proceedings: The structure of the judicial system of the country has a huge impact on the ease of enforcing contract with respect to small and medium business enterprises in the country. The non-availability of specialized commercial courts in a country will make the litigation process involved in commercial activities costly and time consuming. The non-availability of specialized commercial courts can also lead to the enforcement of commercial law in a non-uniform manner and could be very stressful for the small and medium business enterprises within the country. A specialized commercial court within a country is very essential for the ease of doing business in that country and for enforcing contracts (Flango and Clarke 2014). If small claims courts are not available in the country, the small and medium business enterprises will have to approach the main court for small and minor issues and eventually they will face problems such as high cost and more time involved in judicial proceedings. This also affects the trust of the business enterprises in the judicial system of the country, as they will be confident enough about taking minor claims to for long and expensive judicial proceedings. For Example, In Peru the commercial court made to address commercial activities has been in the lime light for solving commercial disputes within a year. Automation of court: Judicial proceedings involve many regulations with respect to paper work, evidence, complaint and fees. The complexity involved with these proceeding make it very difficult for the small and medium business enterprises to comply with them. Moreover the cost and time involved in judicial proceedings increases even more when the parties have to travel to court frequently for judicial proceedings and submission of different fees. This problem can be solved to significant extent by the introduction of an automatic and electronic system with respect to filing complaints, payment of fees and evidence (Andrews 2012). In addition, there are high chances of corruption and evidence tampering in the judicial systems, which are not, automated. The physical interaction of peoples provides for corruption and may lead to inappropriate judicial proceedings (Saman and Haider 2013). The evidence and documents available electronically are very easy to access as compared to the physical documents. This system save the precious time and money of the small and medium enterprises by letting them submit complaints and pay fees from their offices itself. The absence of automatic transfer of cases randomly to judges also increases speculation among the small and medium enterprises and decreases their trust and belief in the judicial system. This system also makes the judgments made by the courts available to the public so that they can use it as a reference towards their disputes and activities (Mukherjee et al. 2013). Part 2 Research Type and Problems The researcher for conducting this research had gone through the various processes with respect to proceedings of the courts. The researcher has use secondary data collection method for the purpose of this research with the help of journals, books and news articles. This method has been used by the researcher because, for a vast topic like procedure of courts with respect to contract enforcements detailed study of the proceedings of the court is required which can be only done by an in-depth analysis of books and articles related to court proceedings. The researcher has used both qualitative and quantitative data analysis method for conducting this research. Qualitative data analysis has been done to analyze the data with respect to theoretical court proceedings, analyzing case management system and the alternative dispute solving methods (Taylor, Bogdan and DeVault 2015). The quantitative analysis of data had been done by the researcher with respect to quantitative data such as perc entage of cases, percentage of enterprises availing judicial proceedings, time and cost involved in a judicial proceeding. The research has also used primary data for the purpose of this research by interviews of a few local small and medium enterprises representatives (Bryman and Bell 2015). The researcher has faced various problems in conducting this research. The availability of court data in relation to proceeding, judgments and process involved in the court was a major issue. The access to these data was also prohibited in certain cases. The researcher also faced problems in analyzing contradictive data with respect to contract enforcement, as many incorrect statistics are available in this case. The researcher also faced problems is accessing the automation of courts, as the details available in this respect were not adequate. The process involved in visiting different courts in the city was also an issue for the researcher as it consumed a lot of time and caused budgetary problems. References: Andrews, N., 2012. Introduction. InThe Three Paths of Justice(pp. 1-23). Springer Netherlands. Bryman, A. and Bell, E., 2015.Business research methods. Oxford University Press, USA. de Lucena Neto, C.S., de Oliveira, A.S.G. and da Silva, V.C.R., 2014. THE REFLECTS OF LAWSUIT AUTOMATION IN A LABOUR COURT AND IN A COMMON JUSTICE COURT IN THE STATE OF PARABA, BRAZIL: A COMPARATIVE CASE STUDY.Law Technology,47(2), p.1. Flango, V.E. and Clarke, T.M., 2014.Reimagining Courts. Temple University Press. Moore, C.W., 2014.The mediation process: Practical strategies for resolving conflict. John Wiley Sons. Moustafa, T., 2014. Law and Courts in Authoritarian Regimes.Annual Review of Law and Social Science,10, pp.281-299. Mukherjee, A., Ray, S., Maity, U., Talukder, P. and De, P., 2013, June. Law And Order Automation. 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