Unit 7: Business Law Assignment Solution

ASSIGNMENT 1 FRONT SHEET
Qualification BTEC Level 4 HND Diploma in Business
Unit number and title Uni7: Business Law
Submission date 22/11/2018 Date Received 1st submission 20/11/2018
Re-submission Date 22/11/2018 Date Received 2nd submission 20/11/2018
Student Name Nguy n Đoàn Tùngễ Student ID GBH17507
Class GBH0602.1 Assessor name Đoàn Th Tị
Student declaration
I certify that the assignment submission is entirely my own work and I fully understand the consequences of plag
making a false declaration is a form of malpractice.
Student’s signature Tùng
Grading grid
P1 P2 M1
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P1. Explain different sources of law and laws that organizations must comply with.
P1.1. Introduce briefly the name, nationality, partners of the company, branch in UK and
business filed.
According to 7-eleven, there are many company located in the UK. One of them is Seven-
Eleven which had been located in many city of the UK. 7 eleven also had a branch located in
Vietnam. Seven-Eleven is a massive convenience chain in the world. They are a Japanese-
owned American chain which headquartered in Dallas, Texas. According to 7-eleven, the
chain was known as Tote’m Stores until it was renamed in 1946. Their parents company
Seven-Eleven Japan is headquartered in Chiyoda, Tokyo. The Seven-Eleven store had
expensed over more 18 countries include US, UK, Canada, Mexico, Japan, Thailand, Taiwan
and so on. In 2017, the first Seven-Eleven opened in Vietnam, expanding the company
operations to 18 countries.
P1.2. Explain different source of law: case law (from common law) and statutory law. And,
point out how different they are with respect to who creates and what is the function.
According to Minh(2012), case Law is one of the most well-known and widely used sources
of law in the world, a major and important source of law in the Commonwealth of Nations.
Accordingly, the State recognizes the judgments and decisions to settle cases of the Court as
the standard to making judgments on cases with similar circumstances or similar issues.
Rule of law is also the process of making the law of the Court in recognition and application
of new principles in the process of trial.
According to Williams (2002), the common law of England is based not only on the common
law judgments made by judges, but also on the statutory law of the court are statutes issued
by the British Parliament, similar to the laws in the countries of the civil law. So, basically,
statutory law are law had been issued by a legislature, such as the National Assembly, a
state legislature, or a city council.
Different about function and creator of case law and statutory law
According to laws, the common law is different from the statutory law because it is based
on precedent. Statutory law is more formal legal systems, including legal documents. These
rules mainly rely on rules and regulations or order or prohibit the implementation of certain
volumes. On the other hand, common law allows a judge to make decisions based on
previous judgments about similar situations.
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Many times the law can be explained by different people. That is why precedent-based
assessments in a common law system can benefit the meaning of controversial laws. If the
case is unique and there is no precedent binding, it is called the first case. In this case,
the judge's decision will basically enact the law and subsequent judgments will be ruled in
the same way.
The main difference between common law and statutory law is how the law is created. As
mentioned above, statutory law comes from the precedent. The statutory law is regulated
by the government. It is designed to ensure the safety of citizens and allow them to live
their daily lives. If there is a problem with the court that can’t be judged by the judgment or
decision of the judge, the court may go to law to make a decision. If a citizen violates the
law, the government will be punished accordingly to the nature of the crime.
There are many types of government agencies that can enact statutory law. Many times, the
judge's decision will be based on a combination of statutory law and common law. This
means that if a judge decides, they will combine the written status and case precedent. It is
important that both the judge and the lawyer recognize recent changes in the law and
related court decisions that may affect the law.
In most cases, contract law, fraud and property laws exist in the common law, not the
statutory law. There may be some rules in the field, but most of the time judges will be
based on precedent. The law will only provide a rigorous and formal interpretation of the
law. It does not always apply to every situation. This is why it is beneficial for a judge to refer
to precedent rather than law. In many cases, the precedent is determined and applied to the
case through the same case.
P1.3. Explain the law your company must comply with (both of common law or statutory
law):
Seven-Eleven has headquarters in Japan and a branch in UK. The law applied in the
headquarters of Japan is Companies Act (Act No.86 of July 26,2005). The law applied of
branch in UK is Company act 2006.
Apply for Vietnam
To buying and selling houses, need to follow this certain law.
First legislation:
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Vietnamese Land Law 2013: Land Law on 29/11/2013 and the symbols is 45/2013/QH13.
According to section 3 chapter I on the law, house trading is the transfer of house ownership
and residential land use right from the seller to the buyer through a contract signed in
writing between the buyer and the seller in accordance with the law. The seller must be the
legal owner of the house and the legal owner of the land. In all other cases, the seller must
have the power of attorney from the lawful owner of the house and the legitimate owner of
that land certified by a notary public office. (Law library, 2014)
Second legislation:
Decree: Decree on buying and selling houses on 5/07/1994 and the symbols is 61/1994/CP
According to chapter V, section 53: Land allocation, lease of land for use by another user.
The State's decision to allocate or lease land to other users is only allowed after the
competent State body has decided to recover the land in accordance with the provisions of
this Law and must do so. Completion of compensation, support and resettlement in
accordance with the law for cases of ground clearance.
P2: Explain the role of government in law-making and how statutory and common law is
applied in the justice courts.
P2.1. Explain the role of government in law- making refers to the function of the
Parliament in UK, which is to produce the statutory law and the procedure of creating law
of the Parliament.
According to ktvb, in fact, most of the laws, promulgated by the National Assembly
(Parliament) are based on government proposals. The purpose of these proposals is to
address certain issues of society, meeting the needs of development. Thus, the starting
point for the development of a law (proposed by the government) is to identify the social
issue that the state government must address. The social issues that the Government must
deal with are often reflected in the agenda of the Government and are often reflected in
political campaigns. For example, when the British Labor Party came to power in 1997, it
pledged to enact the Human Rights Law, the Violent Crime Prevention Law, Residence Law
and, as a result, was issued after the party came to power. Thus, between the legislative
program of the Government and the campaign platform of the ruling party (or the ruling
party) are intimately related. However, in the process of taking over, before the changes in
economic and social life, newly emerging issues (especially crises, natural disasters, acts of
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terrorism, international treaties that need to be codified, proposals accepted from social
pressure groups or politicians, citizens, public opinion media, etc.) Ask the ministers to take
care of the problem. This is also the basis for the proposals to formulate the legislative
program of the Government.
Role of government in making law UK. The first step is proposal for legislation. On this step
the government will introduce the law in government green paper to referendum and
collect result. The second step is aim for legislation. On this step, the government will
introduce the law in white paper to check the last time within the people. The next step is
draft form of the bill, the government will make a draft and consult the opinion of House of
Common, House of Lords, two Houses of Parliament. And the last step is statue which
translate to promulgate the law. In the last step, the royal assent of UK refer to the Queen of
Uk will sign into the law publication as the final result of to making new law.
Vietnam National Assembly
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P2.2. Choose one case which the UK court did hear and give judgment. Introduce briefly
the background or the fact, the legal issue of the case.
Case: Merritt v Merritt 1970
Facts: Mr and Mrs Merritt married in 1941. They held their matrimonial home in joint
names. In 1966 Mr Merritt left the family home to live with another woman. Mr Merritt
agreed to pay Mrs Merritt £40 per month. At Mrs Merritt’s request, he signed a document
confirming that when she had repaid the balance on the mortgage, he would transfer the
matrimonial home into her sole name. Mrs Merritt paid off the mortgage and successfully
acquired a declaration that the house belonged to her. Mr Merritt appealed. (Lawteacher)
Case issue: Mr Merritt contended the agreement was a domestic arrangement between
husband and wife and there was no intention to create legal relations and, as such, there
was no enforceable contract. He also argued the purported contract was insufficiently
certain to be enforceable by the court, and that Mrs Merritt had failed to provide
consideration for his promise. Mrs Merritt argued that given they were in the process of
separating, the presumption of there being no intention to create legal relations did not
apply. She claimed there was every intention of creating legal relations, and her having paid
off all the expenses on the home and finishing off the mortgage payments amounted to
consideration.( Lawteacher)
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P2.3. Explain how the courts apply UK law: Present the holding of the court for the
selected case and point out which law the court did apply to resolve the case: case law or
common law. If the court applied case law, point out the name of the precedent and if the
court applied the statue law, point out the name of the Act and the article.
Judge decision: Mr Merritt’s appeal was unsuccessful. When parties are in the process of
separating, or are separated, the presumption of there being no intention to create legal
relations does not apply. The arrangement was sufficiently certain to be enforceable, and
the paying of the mortgage was ample consideration for Mr Merritt’s promise. Mrs Merritt
was entitled to the matrimonial home entirely. (Lawteacher)
Reason: The reason for the decision was that there was an objective ground for the decision.
It was, according to Lord Denning MR-the judge of the case, that from the circumstances
one must ask whether the party deems their agreement legally binding. (blogspot)
Therefore, it was presented in the case that honorable understanding is already absent in
the relationship of the parties. With this, it can be inferred that they intended their
agreement to be legally enforceable.
Law applied: This case is applied statutory law. This is under section 17 of the Act of 1882.
References:
Sev, 2007, “Vietnam profile”, <http://www.sev.org.gr/Uploads/pdf/VIETNAM_PROFILE.pdf?
fbclid=IwAR3gACJuiQ9_Tp6RpyEd7dXoH6LvvkRCvUHu-kB9VxYG2cuXiJ-9t680lUo>
Viewed on 13th November 2018
7-eleven, 2006, “7-Eleven Celebrates 60,000th Store Opening Worldwide”, <http://corp.7-
eleven.com/corp-press-releases/08-17-2016-7-eleven-celebrates-60-000th-store-opening-
worldwide>
Viewed on 13th November 2018
Minh, Đ, 2012, “Preceding rule, case law and relationship with the Anglo - Sacxon legal
system”, baomoi, < https://baomoi.com/tien-le-phap-an-le-va-moi-quan-he-voi-he-thong-
phap-luat-anglo-sacxon/c/9989953.epi>
Viewed on 13th November 2018
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Luatkhoa, 2016, “3 "keys" explain the application of English law”, <
https://www.luatkhoa.org/2016/09/3-chia-khoa-giai-thich-luat-thanh-van-truyen-thong-
cua-anh-quoc/>
Viewed on 13th November 2018
Laws, Common law v. Statutory Law, <https://common.laws.com/common-law/common-
law-v-statutory-law>
Viewed on 13th November 2018
Kvtb, “Aspects of law making in the UK”, <http://ktvb.moj.gov.vn/qt/tintuc/Pages/nghien-
cuu-trao-doi.aspx?ItemID=6>
Viewed on 13th November 2018
Lawteacher, “Merritt v Merritt [1970] 1 WLR 1211”, <
https://www.lawteacher.net/cases/merritt-v-merritt.php>
Viewed on 13th November 2018
Blogspot, “Merritt v Merritt (1970)”, < http://helpcasebriefs.blogspot.com/2014/03/merritt-
v-merritt-1970.html>
Viewed on 13th November 2018
Vbpl, “Land law”, < http://vbpl.vn/TW/Pages/vbpq-van-ban-goc.aspx?ItemID=32833>
Viewed on 22th November 2018
Lawlibary, “DECREE THE GOVERNMENT 61-CP OF JULY 5, 1994 ON THE PURCHASE OF SALE
AND BUSINESS OF HOUSES”, < https://thuvienphapluat.vn/van-ban/Thuong-mai/Nghi-dinh-
61-CP-mua-ban-va-kinh-doanh-nha-o-38813.aspx>
Viewed on 22th November 2018
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