In this scenario, Court may not take any serious action against the Birchall’s Finance to not practice the legal obligation properly as Birchall’s Finance already practice this basic HR rule that is to have proper contract with detailed Job description with the employee and this step is previously done. However, on the other side, Luke should be held responsible that why he didn’t ask to provide written contract (about the new package) because if he had the written contract from the discussed Corporation, he would haven’t face such type of difficulty as written contract is the type of protecting doc to ensure the basic right of the employee as well as it is also better for the corporation to protect from the legal penalties, etc.
At the date of entering into a commercial contract the question whether they should be signed a written contract for the parties often arises. As far as the commercial contract is concerned, this should be developed by keep including the concerns, issues and demands from the both parties, so that any type of possible discrepancies could be avoided. In the contract, including the proper legal clauses or adherence with government law is inevitable to avoid any type of sue. Trade Representative therefore tend to give to the protection of the law and not risk to have to lose this protection by written contractual arrangements on a written contract. In addition, there is no any concept of oral contract because these types of contract cannot be challenged as these have not any documented format; however, in some cases the services of trade representative could be taken. In a dispute, the trade representative is one who bound to prove these verbal agreements because it refers, for example, on a district – or consumer protection or claimed by a particular Commission rate for often. As far as the agreements in writing are taken off, the trade representative may easily get in difficulties of proof. It is advisable therefore for reasons of provability and the dispute avoidance, to include cooperation agreements in writing.