1. Name and describe three legal structures for doing business in Ireland. What are the disadvantages and advantages for all three structures that you have described.
What structure do you think best suits their business plan? Set out the reasons why this structure suits their plan by reference to the relevant case law and or statute law applicable.
There are many legal structures for doing business in Ireland. The three mentioned below have both advantages and disadvantages to them.
A partnership is where two or more people agree to run the business as a team. An agreement should be drawn up. The two or more partners are all equally responsible and committed to running the business. If the business fails all the partners are equally responsible for it.
Advantages of a partnership
Disadvantages of a partnership
Lack of Stability
Limited Company (LTD)
In a limited company, the business is a separate legal entity. The owners or investors in the business are liable to only what they have invested into the company. In other words, if the company comes into debt, the creditors only have a claim on the assets of the company. Limited companies can be divided into public or private businesses.
A sole trader is a simple business structure. It consists of one person owning and running the whole business. Sole traders are legally responsible for the whole business.
They are self-employed, AQ\\ but they may not be the only one working for the business. The sole trader may have employees.
Full control of Decisions
Quick and Easy Start
Private Financial Data
Hard to accept larger contracts
Must scale a business on your own
There is a lot of structures that the friends could have chosen to suit their business plan. I Believe that a Limited Company would be the structure that best suits the friend’s business plan.
The Limited Company structure would be the best choice because they will only be liable to what they have all invested into the company. All their personal assets will be safe. If they do come into debt, they will only have to give up their business assets.
They will also have a lower tax rate of 20% until 2026 according to the Tax Cuts and Jobs Act. And they will have complete control of Financial matters, so you do not have to risk your money with a third-party officer
2. Discuss social media law generally. Advise the friends specifically on the law of Defamation applying this to their plans, referring to decided cases and statute law.
Social Media has taken over a huge part of our lives and businesses rely on social media to get their business out in the world. There are some general social media laws that should be followed in a business.
The Defamation Act 2009:
Defamation is the act of ruining the good reputation of someone. It is any intentional and untruthful information written or spoken that would harm somebody’s reputation. It could even ruin the respect and the confidence of the victim of this. Defamation can be criminal charges or a civil charge.
For example, Barbulescu vs Romania:
Mr Barbulescu was dismissed after his electronic communications were being monitored. Mr Barbulescu’s right for his private life and his employer’s responsibility to make sure of the smooth running of his business failed to have a balance between the interests at stake.
The court figured out that the Romanian courts didn’t know if barbulescu had prior notifications of such monitoring. They did not say if he had prior notice is the nature of the monitoring. The national courts also failed to get this information or to determine it. They failed to determine the reasons for this monitoring and whether the monitoring was without his permission the right to Mr. Barbulescu’s private life was not adequately protected by the national authorities.
In the case of the friends, they are planning on giving false negative reviews of there competition on social media sites.
I would advise the friends to not do this social media campaign that they have planned as it can harm their competitor’s reputation. As their negative reviews and comments are false the friends can also get their own reputation ruined because it was intentional what they had planned to write. If this gets out, they will be facing criminal charges or civil charges. Then when people find out the friends newly established business will have to be shut down as people will not trust a business that intentionally tried to ruin their competitor’s business. They can get in a lot of legal trouble for writing false claims about competitors
3. What rights do consumers have in respect to Data Protection law and discuss their proposal in light of these laws.
Data protection is about an individual’s right to privacy. When you give your details to a business, they must keep the details you supplied them with safe. You can access the data a business has and change it. Businesses or people who have your personal details must obey a certain set of data protection principles. We call those who use your personal details data controllers. You have the right to data protection when your information is held on computers, paper, photographs or any type of recording.
The Data Protection Rights that consumers have in terms of the law are as follows:
The Right to have your details used in line with data protection.
They Data controller should use the consumers information fairly. They should also gain the information in a fair manner. They should also only keep it for the purposes accepted by the consumer and to make sure that all the information is correct and up to date.
The friends will be using the information they took of consumers from there last jobs to get there business known. They need to let the consumers know they have there information and make sure the information is correct.
The Right to information about your personal details.
Data controllers have to give you the name of the person/business getting your details and why they want them. If a different business gets your details of another business who has your details, they must tell you what exact details they have.
The friends will need to ask their past employers tell the person whose details they want to have.
You have the right to access your personal details.
You have the right to access all the data a company has of you by emailing or sending them a letter of request.
They need to be able to give each person that they have details on all the information they hold about them if it is requested.
You have the right to know if your details are being held
You can ask if an organisation has a hold of your details and what details they hold of yours.
The friend has to let the consumer know that they have there details as it is a right.
You have the right to remove/change your details
If you feel that a data controller has information on you that is not correct you have the right to ask them to change it. Also, if you don’t want a person having your details or if they don’t have a reason to having it you can get them to remove you.
If the consumers do not want the friends new wedding event company to have their information, they have the right to request them to remove it. They also have the right to request them to change certain details if they wish.
Right to prevent use of your personal details
You have the right to only have your details used to the agreed use. You can ask them not to use them for other purposes.
If a consumer asks not to have their details for the desired purpose the friends will have to obey their wishes.
Right to remove your details from direct marketing list.
You can ask a data controller to remove you from there direct marketing list.
If the friends have requests to be taken off the direct marketing list they will have t take the person requesting this off it.
You have the right to object.
You have the right to object to the controller wanting to use your details for official purposes or in the publics interest if u feel it will not be beneficial.
This right will not apply if you already have given permission that the data controller can use your information, or if they need your details for legal reasons.
The consumers may object to the friends using their details for official purposes. They will have to apply this request.
Right to freedom of decision making
Decisions about you from your personal details should have a human input.
Right to refuse direct marketing calls ; emails
If you do not want direct marketing calls and emails you can opt out by contacting the company, they will note your request on the National Directory Database. It is an offence to make any calls to people in the NDD.
If the Consumers do not want to be on the direct marketing list, they have the right to be taken off. The friends will have to put a note in the National Directory Database.
4. Advise the friends on Occupiers Liability, analysing the friends plans, by reference to the applicable case law and statutory provisions
The Occupiers Liability act is about the liability of occupants in respect of the dangers on the property for injury or damage to people and the property itself while on the premises.
The office that the friends are using is unsafe. They are liable to accidents and damage. The office they are renting is a public front office. A front office of there company is where the friends deal with the public in a room. As there will be customers entering their offices they will be open to accidents or damages. The office the friends are leasing for their business is in ‘very bad state’. The only access to the office is by stairs. There is no handrail and it has poor lighting.
These friends have a duty to ensure that there were no dangers within the premises. However, the friends are opening themselves up to future claims from customers. If the customer gets injured on their premises the friend’s new business can become in great legal trouble. This will lead to a lot of financial spending to hire lawyers to help their case that was against them. These friends need to rethink about there business office. They should either find a safer office to rent or fix up their current office to banish all of the dangers that are visible.
The occupiers are responsible for who is allowed in and out of the office. For example, If they reported the danger on a Tuesday and the landlord cant get workers in on the same day and someone gets injured, the landlord is liable for the loss of the business from the people renting off him but the friends in this case will be liable if they know about this an still open for business when the risks are still there. The friends should keep the premises closed until all risks are fixed.
The friends need to reconsider looking at this law and come up with a plan of action on how they will make themselves a lot safer from being prosecuted.