Business Law Assignment: Role of Contract Law in Shipping &Transportation of Retail Products in United Kingdom

Question

Task: Write a business law assignment presenting a well-structured research proposal on the topic “To study the role of Contract Law in relation to shipping and transportation of retail products in the UK across the European union”.

Answer

Introduction
The European Union-UK Trade and Cooperation Agreement cover the areas of trading goods and services. It also covers aviation and road transport as well as digital trading . This research work revolves around the policies and their impacts regarding the Contract Law in relation to shipping and transportation of retail products in the UK across the European Union.

Problem Statement
The problem statement of this research on business law assignment is the impact of the Contract Law which relates the issues of the shipping process with the transportation process of the retail goods in the UK. The negative impacts of these policies of this Contract Law and their implications in the shipping process and the transportation process of the retail goods are also the problem statement of this research work.

Aim of the Study
The aim of this research work is to determine the role of the Contract Law in relation to shipping and transportation of retail products in the UK across the European Union and to determine the policies of the Contract Law and their effects on the relationship between the shipping and trading of the retail goods in the UK across the European Union.

Objectives of the Study
To identify the policies of the Contract Law in relation to shipping and transportation of retail products in the UK across the European Union
To identify the application of these policies
To identify the impacts of these policies
To identify the interrelationship between the shipping process and the trading process of the retail goods in the UK across the European Union based on the Contract Law

Research Questions
What are the policies of the Contract Law in relation to shipping and transportation of retail products in the UK across the European Union
What are the applications of these policies
What are the impacts of these policies
What is the interrelationship between the shipping process and the trading process of the retail goods in the UK across the European Union based on the Contract Law

Background of the Study
The European Union-UK Trade and Cooperation Agreement is a free time trade agreement or a contract which was done on the 30th of December in the year 2020. The European Union-UK Trade and Cooperation Agreement covers the areas of trading goods as well as services. It also covers the areas of digital marketing, public procurement, aviation and road transport as well as social security coordination and law enforcement. However, the BREXIT does not extend to the rights of the shipping companies of the UK to ship the retail goods to or from the European Union airport . The European membership has proffered the UK with one European market. They have also made these goods being transported within the internal borders of the European Union free of any taxes or duties. The Contract Law of the Trade and Cooperation Agreement has allowed free trade between the UK and European Union. According to this Contract Law, the UK can freely trade the retail products across the European Union without the requirement of any tariffs or quotas. The BREXIT has not affected the shipping and the transportation of the retail products in the UK across the European Union by the railways . The railway services can continue across the borders even after the end of the implementation period of the Contract Law. This shall allow the transportation of the British retail goods across the European Union, provided that the undertakings of the railway from the UK and European Union hold licenses that are valid under the UK law and the European Union law.

Rationale of the Study
Considering the Contract Law of the Trade and Cooperation Agreement, the policy of this contract, “The Agreement will confer rights and obligations on both the EU and the UK, in full respect of their sovereignty and regulatory autonomy. It will be governed by an institutional framework on the operation and enforcement of the Agreement, as well as binding dispute settlement and enforcement mechanisms.” Another policy of this contract is “Our Agreement means that the UK will fully recover its independence”. This policy also states that “The European membership has proffered the UK with one European market”.

These policies apply to aviation as well as the by-road shipping and transportation of the retail goods in the UK across the European Union.

The negative impacts of the policies of this contract law include the problem of loss of jobs arising from the allowance of a single market to the UK in the European Union. In addition to that, owing to the unity of the member states, there is also the risk of losing sovereignty and control over the laws . However, the positive impacts of this law include that British goods can be shipped and transported across the European Union without any tariffs or taxes. Moreover, since the transportation rights of the retail goods by the railways are intact which shall help in the convenient shipping and transportation of the retail products in the UK across the European Union.

Therefore, the negative impacts which the policies of this contract law have on the shipping and transportation of the retail goods in the UK across the European Union are to be eliminated which is the main rationale of this research work. The eradication of the risk of job loss brought about by these policies is another rationale to carry out this research work.

Literature review
Identification of the policies related to Contract laws and legislations of the UK in terms of shipping and transportation of retail products in the UK
Ample research works have been done in the past regarding the policies of the UK regarding the contract laws and legislations related to shipping and transportation of retail products. According to the work of Balcombe et al (2019) the International Maritime Organization has taken a step for the reduction in the amount of carbon generated in the environment due to activities of shipping by setting a target that there needs to be a reduction in the carbon generated by shipping activities by half of the levels in 2008 till the year 2050 and the UK has introduced the Clean Maritime Plan to achieve the objective. According to the work of Tam and Jones (2018) there is dire need of including cyber security in the operations of ships as there is increasing use of machine intelligence in the ships. According to the needs amendments have been made in the Arrest Convention of 1952 which sets the criteria of arrest of the ships passing through the territory of the UK. According to the work of Phillips and Craig (2020) the Merchant Shipping Act of 1995 the powers for taking control of a ship wreck is granted to the legal authorities in the UK. The activities of salvage of ships are also guided by the Merchant Shipping Act of 1995. Also, a fund for limitation has been constituted under the Merchant Shipping Act of 1995 for regulating the shipping activities in the UK and this act provides power over any ship registered in the UK or in the water of the UK or posing threat to the security of the UK.
Application of the Contract laws, legislations and policies of the UK in the retail shipment and transportation process A plethora of research has been done regarding the application of the legislations and policies in the UK in the retail shipment and transportation process. According to the work of Rogers et al (2019) the Carriage of Goods by the Sea act of 1992 guides the cargo carriage by the sea in the Uk and relates to the suits that can be filed by the contractors who oversee the carriage of goods by the sea in the UK and applies to all the ships registered in the UK or the ships carrying cargo through the waters of the UK. According to the work of Kasi (2021) the Hague Visby rules guides the contracts of lading issued by the authorities for international carriage of the goods by the sea and applies to the vessels carrying cargo in the UK. The Hague Visby rules define the circumstances in which the goods carrier may sue the shipper for a fault in the declaration of the cargo and also determines the cases in which the claim cannot be made. According to the work of Averochkina, 2018the Arrest Convention of 1952 applies to the ships in the UK carrying cargo and under it claims regarding the damage to the cargo being carried can be made by the owner of the cargo. Also claims can be made under the Arrest Convention of 1952 relating to the contract established for carrying the cargo and salvage claims can also be made under this law. The Arrest Convention of 1952 applies to all the vessels carrying cargo in the waters of the UK.

Impact of the Contract laws, legislations and policies of the UK in the retail shipment and transportation process
As the retail shipment and transportation involves both import and export of the business so it locks the agreement for the both parties . The impact of the contract law helps to maintain the incentives for the individual parties that keep record of all the documents and agreements in the paper. In order to maintain the individual exchange of goods in an efficient way contract law helps it to the both parties that involves the legal bindings and walls. The impact of contract law helps to reduce the cost of economic transactions and the reason behind this is the existence of both parties. The existence needs to go through the scenario of negotiating with the various rules and relations that has already been discussed in terms of the business contact. The contacts of the laws and legislations based on the UK retail shipment provides the guarantee of a standard business procedure that helps to give the clarification of the requirements in the business and also locks the payment that has been declared by the both parties . This agreement by using the business laws of the UK helps to identify all the requirements that have to be assigned while registering with this transportation process and achieve the desired goals and adjectives easily as it is binding with that agreement. The expectation for the both parties served easily as remaining with all the proofs in case any of them fails to meet the expectation of the other party. The potential impact of contract law lies on all the business transactions by providing the service of the product that the one party has already purchased aligning with the other tender service .

Interrelationship between the shipping process and the trading process of the retail goods in the UK across the European Union based on the Contract Law
Based on the European Union the relation between the shipping and trading process delivers global economic integration as a key factor that plays the significant role of construction. As global trade is impossible without transactions, it is important to make the efficient key of transportation for the trade facilitators. In order to define the whole process all the carried shipping is considered to be the traditional trade, whereas on the other hand the shipping process holds the role of delivering all the goods and products of the company. The transport cost builds and contacts the key component of the total trade cost but the shipping cost is charged as a minimal amount of cost from the company. The shipping process allows the movement of any goods by the cargo whereas the trading process carries all the necessary scale of sustainability aligning with the modern world that matches the UK law. Trade is more important based on the European Union as it produces the 28% product that has been sold by exported. Shipping is also the backbone of international trade as well the way it trades the global economy by 80% by volume. The trade process in the UK market carries the value of handling all the procedures tactfully .

Theoretical Application
It has been observed that the policies have been constructed based on the theory of shipping. According to this theory, creating relations of trust between the party who is shipping and transporting the goods with the party who is receiving them is a very crucial aspect. This postulation of this theory has been applied in the above discussed Contract Law which focuses on the building of a trust relationship between the UK and the European Union . Another postulate of this theory is to analyse the problems and resolve the issues in the shipping and the transportation processes. This postulation has also been followed by the above-mentioned policies of the Contract Law.

Conceptual Framework

Figure 1: Conceptual Framework
(Source: Self-generated)

It is observed that the policies of this Contract Law in relation to shipping and transportation of retail products in the UK across the European Union are related with a number of positive as well as negative impacts. Here the Contract Law is the independent variable and the shipping and transportation of the retail goods in the UK across the European Union are the dependent variables.

Methodology
Research philosophy
Research philosophy is a process of providing guidance of the ways research will be create which are based on different kinds of methods, ideas and calculations will be used by the researcher in the paper. According to the research onion four kinds of research philosophies are which are realistic, positivism, interpretive and pragmatism research philosophy and for this research, the researcher will choose the positivism research and through Positivism research various roles of the contract law will be identified by the researcher which help in the shipping and transportation process of retail products in the UK .

Research approach
Research approachincludes procedure, strategies and methodswhich are related to different concepts likedata analysis, methods ofcollection of dataand others. However, Research approaches are divided into two kinds which are deductive and inductive research approaches. And for this research paper deductive method of research approach is being usedfor gathering the previous data and concept according the various roles and importance of contract law in shipping and transporting products from different countries .

Research design
Research design is arelevant framework which helps in link with concepts of the research for the purpose of achieving desired goals. There are mainly three types of research design which are descriptive explanatory, andexploratory. The researcher will use the Descriptive research design for conducting this research paper for the purpose of developing effective way in creating the research paper. The descriptive research design helpsin understanding the depth concepts of the different aspects of the contract law for example law of shipping goods, contract for transportation, legal factors and others in order to develop effective research .

Data collection process
Data collection method is a method of calculating the data of the research paper. For this research both primary as well as secondary means of data are chosen by the researcher. The primary data are two types: quantitative andqualitative. For this research paper qualitative data conduct interviews of the legal professionals and administrators who are bound with different law legislation for the purpose of collecting relevant data for the research paper and for Quantitative data, surveys of the employees are conducted who are working in the shipment and transportation of the product in the UK regarding various questions related to the process of shipment and transportation of goods and products and for secondary datacollection the information through internet articles of contract law, law related journals, books related to the concepts of contract law for the purpose of relevant concepts for the research paper .

Sampling technique and style
Sampling technique will be used by the researcher which determine the overall people. Sampling technique includes methods like choosing number of people, choosing the relevant people and other for the purpose of collecting concept. The researchers will use for the research paper simple random sampling strategy for finding the aspect of the contract law in the process of shipping and transportation of retail goods to the UK .

Sample Size
Primary data collection Quantitative data- Survey- 100 associates from different retail sectors of UK involved in supply and transport activities

Qualitative data- Interview- 3 Legal Professionals specialization in UK Contract Laws and policies

Secondary data collection 6 Journal and Peer-reviewed articles related to application contractual laws and policies of the UK in different transport and shipment activities

Data analysis process
Data analysis is a process which is important for the research paper in gathering appropriate data. Data analysis includes various tasks for example cleaning, analysing., and gathering the different information. Both secondaryandprimary methods for data collection are used for the research. Various techniques are being performed like thematicandstatistical test analysis. The research will use the statistical test for the purpose of the surveys of the employees working in the product shipment company situated in the UK and comparative analysis is being used by the researcher for the interviews of the legal professionals and administrators for the purpose of effective research paper and for secondary data collection, thematic analysis will be used for the research .

Ethical considerations
Various issues have been identified at the time of conducting the research on the topic of this research paper due to ethical conflicts. The researcher is neededto follow and maintain the rules and regulations to perform the research work. However, it needs to be mentioned that no transaction has taken place while developing and conducting the research. The researcher will require providing relevant information to the participants while conducting the research. Hence, it will help the researcher to gather efficient data from the survey process (K et al., 2020).

Research timeline

Conclusion
According to the above discussion the role of contract law for the process of shipment and transportation of retail products in the UK has been discussed. The report also discusses the various policies and rules and their impacts regarding the Contract Law in relation to shipping and transportation of retail products in the UK across the European Union. The report contains various roles of the contract law which help in the shipping and transportation process of retail products in the UK. The aspects of contract law have also been discussed in this report.

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