BUSINESS COMMUNICATION BUSINESS COMMUNICATION AND LEGAL ISSUESAND LEGAL ISSUES

CONTENTSCONTENTS

1.Introduction2.Defamation3.Invasion of Privacy4.Misrepresentation and Fraud5.Laws Regarding Employment & Credit & Collection6.Other Areas Of Caution in Business Communication

INTRODUCTION

Legal aspect refers to the selection of words used in Business Communication so as to ensure their

conformity with the rules and regulations laid by the country’s business law failure to which may

cause a person to be up against legal actions.

Defamation It is the act of harming the reputation of another by making a false statement to another person. The act of defamation may be through a false written or oral statement.

There are two types of defamation-

•Slander- Oral Defamation•Libel- Written Defamation

Defamation broadly contains two legal terms-

•Publication•Privilege

(i)Publication- It means the defamatory material coming into the knowledge of a third person other than the defamed one. Therefore, a letter containing negative idea or a statement about a person should be addressed to him directly :

•In a seal envelop•Marked Private•Such message should not be dictated or sent through fax

(ii)Privilege- A legal right to communicate defamatory material or information in a certain situation.

• Absolute- Statement cannot be sued on as defamatory, even if it were made maliciously.•Qualified- Same effect as absolute, but does not protect that can be proven to have been made with malicious intent.

Invasion of Privacy•Intrusion of solitude- When individual intrude upon another personal private affair

•Appropriation of name or likeness- When a person uses name of other without permission

•Public disclosure of private facts- Dissemination of personal information, that is not of public concern

•False light-Misleading information which put someone in false light

Misrepresentation and FraudTo give a false idea about someone or something

They can be classified as follows-

•Innocent Misrepresentation

•Fraudulent Misrepresentation

•Sales Warranties-

(i) Express Warranties (ii)Implied Warranties•Fraud

Laws regarding Employment

Indian labour law divides the industry into two broad categories:

Factories Act, 1948

Shops & Establishment Act

Industrial Employment Act 1946

• Requires employers in industrial establishment to clearly define conditions of employment.

• Orders issued deal with classification of workers,holidays,shifts,etc.

• Workers are classified as:

(i)apprentice/trainee

(ii)Casual

(iii)Probationary

Credits and Collections• Equal Credit Opportunity Act: Engagement of

financial institutions in credit extensions to all creditworthy customers.

• Fair Credit Billing Act: Protects consumers against unfair credit card practices.

• Fair Credit Reporting Act: Protects consumers from erroneous information which ruin their credit rating.

• False Claims Act: Seeks to protect the federal govt. from fraudulent claims.

Other area of caution in business communication

Copyrights:  Copyrights is a form of intellectual property protection granted under law to creators of original works computer programs, tables and compilation (including computer database which may be expressed in words, codes)Indian perspective.

(i) Economic Rights:

In case of literal, dramatic , musical , and artistic work; cinematographs films and sounds recording: to perform work in public or communication in public, to make cinematograph film or sound recording in respect of work, and to make any translation or adaptation of work 

In case of computer program: author enjoy right of sell or give on hire,  or offer for sale or hire any copy

(ii) Moral right:

•Right of Paternity: Claim of authorship of work

•Right of integrity: Prevent distortion, mutilation or other alteration of his work

BibliographyEffective Business Communication by Herta A. Murphy 7th ed. Tata McGraw Hill

Labour Employment Laws India pdf

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