Ev445 Events Rights And Merchandising Assessment Answers

1.You are asked to advise Daniel’s company, Premier Events Ltd, of its potential liabilities in both civil and criminal law and advise, if appropriate, on good practice.

Introduction

The civil and criminal law are the two important legal systems, which are considered for the purpose of solving the disputes or any sort of criminal or civil cases. The citizens of the country are given the rights to decide on the party will be prevailing in terms of civil cases. They are also given the rights to make a decision upon whether a party is held guilty or not in criminal cases (Messitte, 2006). The event rights and merchandising is generally understood as a license of an event manager, which gives them right to hold an event. In addition, it also provides them with the license of an artist, which gives them right to perform in the event conducted by the event manager (Americanbar, 2011). Based on legislations, this research paper aims at highlighting various favourable advices, which will be given to Daniel, the managing director of Premier Events Ltd Company. This will help him to deal with civil and criminal cases of the event. It also involves decision made on whether any party is liable to receive a liability with respect to the law so that they can claim at least something from it. A brief description on different selling processes as well as the cost elements implemented in selling a wide range of merchandise at the event for providing the concession on foods and drink to the buyers. Benefits along with disadvantages of this type of concession are also projected briefly in this research paper.

Potential Liabilities in both Civil and Criminal Law

Civil and Criminal Law Liability System  

Based on the civil laws, the offender or the culprit is liable. In the context of civil laws, the victims are given with the rights to seek justice by suing or redressing the offender or the culprit in case if any harm is caused to them. The victim can also warn the culprits in case if he/she does not want to sue them. This directly depends on the preference of the victim. Victims are provided with a reward but only if any loss is suffered by them. Thus, it includes whether it maybe a personal injury or any financial loss or any damage to the property of the victim. Civil cases can be solved through this type of legal system. In case of a conviction of the criminal or culprit, the victim’s decision of suing is reversed. This indicates that the victim is liable as he/she had sued on convicting the offender. Suing of the offender by the victim can be considered to be bad (RSC, 2000).

Similarly, in case of criminal activities, the criminal law liability is expected by those, who undergo either mental or physical offences. In this context, mental offence represents any sort of attitude along with dishonesty towards an individual. It is to be made sure that the victim must hold a proof in case of any criminal offences experienced by him/her. Other offences such as breaking of the traffic rules can be considered as a mental offence. However, this type of cases does not hold any conviction of the culprit. Public policy generally handles this type of cases and if needed, can further demand for conviction if necessary. The major criminal offences include charging fines along with the imprisonment. Additionally, in some cases, the culprits also undergo through the punishments, which maybe non-custodial (RSC, 2000).

Advice of Good Practice

With respect to this case, it is observed that Daniel being the managing director of the Premier Events Ltd Company had a huge responsibility for organising the event. However, a criminal occurrence in the event ‘Bank Holiday food and drink festival’ has led him to face difficulty and is confused in taking certain legal actions at present. Since, there are many facts that fit to the criminal law, a good practice for him would be to take effective action in association with the criminal law, as it is observed that the outside people not only intruded but also harmed the security guards, who were held to protect the entrance pathway. The scenario states that the intruders were liable to be perceived criminals as per the criminal laws and at some stage, Daniel is held partly responsible and is liable. This is due to the fact that he could not protect the Chesham Hall property. Some of the criminal activities as per the scenario are physical offense of the security guard, mental offense of the people in the event as well as Daniel’s. Clause 17 of the Draft Criminal Code Bill 1989 projects that Daniel must consider this particular act and then form a complaint to ‘999’ about the offenders along with the destruction of the property of Chesham Hall. This is because he did not commit any of the crime but still being held responsible by the property owner of Chesham Hall. Contextually, Actus Reus is an element of the crime that has been identified under this case so filing a complaint against the offenders would favour him in many ways. This includes not being liable, neither to compensate for the destroyed property of Chesham Hall. The intruders being held liable, the criminal law would also help in overcoming the heavy burden of Daniel (Wilson, 2017).

Possibility of Liability or Any Claims

Focusing on the current law of criminal activities, a corporation is always considered as a legal entity, when a lawful individual is held responsible for leading it. Companies maybe be held or may not be held liable in case if the crime committed by the workers or any member of the company. To decide whether a company is liable or not, offensive crimes are observed to be well analyzed, as the result of it can directly determine the potential liability. In order to make this confusion more clear, some of the criminal acts have been considered where a company is liable of crimes without any confusion. Corporate Manslaughter and Corporate Homicide Act 2007 states that a company is liable if a criminal offense such as manslaughter take place within its premises. Additionally, the Bribery Act 2010 displays that a corporation is held responsible when they do not solve or overcome the bribery issues amongst its members. Apart from these actions, a prosecution of the company is generally held accountable if actual crime is not identified (Grimes et.al, 2013). Thus, due to rise in corporation crimes at present, a separate policy for the corporate directors along with the officers has been framed in the recent years, which is referred as ‘Directors and Officers (D&O) Insurance Policy’. Based on the scenario, Daniel never committed any crime but as per the employment contract made between him and property owner of Chesham Hall, he is responsible for the damages done by the offenders who illegally visited the event. In addition, the Premier Events Ltd Company may also be liable, as the hired officers, who were told to guard were beaten and severely injured, in addition to death of the crew members at the event (Watson, 2017).

Premier Events Ltd. Company observed to be liable, the managing director can make a claim or save himself with the help of D&O Insurance policy. Contextually, this policy will help in saving himself from the risks of paying a large compensation through this insurance. It would not have been possible for Daniel to overcome this risk, if it were intentional, act of dishonesty, and fraudulent. Premier Events Ltd Company also seems to overcome the risk of being liable, as they held their workers insurance before the event had started. Broader indemnity of protection of the company and the managing director is ensured through this D&O Policy (Watson, 2017).

Sale Process and Cost Elements of Merchandise

This selling process involves an objective of the corporation of creating profits through the sale of merchandise. This process involves an understanding of buying behavioural pattern of the customers as well as company’s event. Additionally, the pattern of purchasing was understood to be providing concession on the available food and drinks available in the event through which they attracted customers. This helped in generating more sales and profits (Senanayake & Little, 2001). Likewise, selling merchandise is similar to that of a retail process. Sale of process of merchandise helped in increasing the profit of the company. Considering the pricing factor rather than providing discount on the merchandise, the event of Premier Events Ltd Company provided a concession on the food as well as the drinks in the event on buying the merchandise. A retailer’s merchandising offering strategy was followed by the company for selling their merchandise in the right place at the right time of the event (RTU, 2014). The artwork prints were displayed in the merchandise to examine whether it would create sales or not. As the additional benefit of the concession drew the visitors and the result displayed an improved performance with respect to generating profits. This was possible due to the influence of concession on the customer’s purchase behaviour (Feijó & Botelho, 2012).

Cost elements of merchandise that was sold in the event projected three major aspects, which were value, benefits, and the perceived costs. These three elements played a major role for the company to generate income value by selling merchandise with a strategy of concession. Through these elements, they were also able to perceive the customers on the merchandise price (Burnett, 2012).

Advantages and Disadvantages of Concession

Advantages of concession with its license are that it is an easy process of selling and creating higher profits at the same time. Thus, it can be practiced for a longer duration. In addition, control over the customers is also possible through it (DUO, 2010). A concession agreement acts as an insurance, which helps in assuring guaranteed services and less number of employees along with and less use of resources. However, it also has disadvantages, thus under the Landlord and Tenant Act 1954, concessions agreement cannot control the use of any resources of its operating location. Furthermore, varying options are not provided in case of concessions on merchandise or any product (Williams, 2017).

Advantages and Disadvantages of Cost Arrangements

One of the major benefits of cost arrangement is that the company experiences lower cost on these types of services as well as create more saving. It also enables the company to maintain its financial position along with the business position, as when compared to the other companies. Examination of information based on the cost agreements of a company by the tax authority are not allowed to assess it in depth as per the law (UN, 2016). Some of the disadvantages of the cost arrangements may affect the service quality of the company. Thus, the charges under payments can include and lead increasing risks, which can affect company’s business. Unitary payment can be implemented as a good practice (Corner, 2006).

Conclusion

Understanding the nature of civil laws and criminal laws practiced in the UK, following these legislations while operating in the nation can enable them to avoid or to get less involved in disputes with other companies or with its management members. Going through a major loss during the event, the application of varying legal systems of the UK helped Daniel to recover from financial loss. In addition, the applicable legal systems also helped the company on evading liability.

References

Americanbar, 2011, ‘Merchandising license agreement’, Merchandising Agreement, pp. 1-18.

Burnett, J., 2012, ‘Pricing the product’, Chapter 9, pp. 1-26.

Corner, D., 2006, ‘The United Kingdom private finance initiative: The challenge of allocating risk’, OECD Journal on Budgeting, vol. 5, no. 3, pp. 1-26.

DUO, 2010, ‘Production sharing contracts and concessions in the Brazilian subsalt region’, A Comparative Analysis, pp. 1-64.

Feijó, R. F. & Botelho, D., 2012, ‘The effect of factors related to merchandising on retail sales’, RAE Sao Paulo, vol. 52, no. 6, pp. 1-15.

Grimes, J. et.al., 2013. ‘Corporate criminal liability in the UK: the Introduction of deferred prosecution agreements, proposals for further change, and the consequences for officers and senior managers’, Corporate Crime, Fraud and Investigations, pp. 1-9.

Messitte, J. P., 2006, ‘Common Law v. Civil Law Systems’, Common v Civil, pp. 1-4.

RSC, 2000, ‘The Difference between criminal and civil liability’, Difference, pp. 1-1.

RTU, 2014, ‘Merchandise management’, Product and Merchandise Management, pp. 1-170.

Senanayake, M. & Little, J. T., 2011, ‘Measures for new product development’, Journal of Apparel, Technology and Management, vol. 1, no. 3, pp. 1-14.

UN, 2016, ‘Cost contribution arrangements’, Introduction, pp. 1-19.

Watson, T. W., 2017, ‘Directors’ liability.” D&O: Entering Uncharted Territory, pp. 1-13.

Williams, F., 2017, ‘A concession agreement for you’, Fashion Law, pp. 1-8.

Wilson, W., 2017, ‘Criminal law’, International Programmes, pp. 1-36.