Business Law and International Transactions

The provided document discusses various aspects of business law and international transactions, including contract law, company law, corporate governance, and the role of independent directors in MBO transactions. The study reviews different laws and regulations applicable to businesses, such as blue sky law and the JOBS Act. It also explores the implications of contracting out by Western Australian government departments on safety and health-related issues.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
Task 1...............................................................................................................................................3
P1 Different sources of law that organisation must comply with...............................................3
P2 Government’s role in law making..........................................................................................4
M1.Evaluate the effectiveness of the legal system in terms of recent
reforms and developments.........................................................................................................5
Task 2...............................................................................................................................................5
P.3 Advice on different case scenarios......................................................................................5
Task 3...............................................................................................................................................7
P4 Legal solution to vocational scenario....................................................................................7
P5 Justification to the answer for PHB Ltd and Busy bees scenario..........................................8
Task 4...............................................................................................................................................9
P6 Legal rights of AFG Oil Company........................................................................................9
Conclusions......................................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Business law helps in evaluating the rules and regulations that is to be shadowed by the
companies in their functioning. The study sort all-inclusive communication on various roots of
law in English method such as statute law, average law, human rights law and European Union
law. Further, steps to law arrangement and duty of government will also be discussed in this
study. Add-on to this, the report concentrate on the steps accommodate by companies, name
arrangement will also be discussed. At the end, mediation procedure of Alternative Dispute
Resolution (ADR) will also be discussed in this report to make the perceptive factual. As in the
UK it will create more confusion in various laws which are more than that of the citizens.
Task 1
P1 Different sources of law that organisation must comply with.
The various sources laws are at that place and it is essential for the organisation to
comply those laws in mange work and they are as follows:
 Legislation or statutory law: As these are the laws are created by the legislature of the
nations. Those laws which are enforce by the legislature are the act of biggest house of
the nation which can be the parliament. If any changes required in any laws that can only
be possible through a special act passed in parliament and agreed of all the members with
discussions (Easterbrook, 2014). These laws contain different section and articles which
is mandatory to follow to all the citizens which are in nations. It will be applicable to the
overseas citizens for the betterment of nations. As the power of these laws are for the
people and organisation to bring systematic practices in the nations. If the legislature will
give more power to the law making in the united kingdom in which the certain
government bodies and statutory authority are the part of the council to enforce the laws.
As the local custom and statues have some power given by the legislatures.
 Common law: The most signifiant aspect for the UK is the laws which are based on
common laws in which decision power or the authority in the hands of senior appellate.
Decision of these appellate will be considered as law portions.
 European union law: As the UK is the part of the European union which mean the laws
which are form for the European union are applicable on the UK with same terms and
conditions.

 Convention on human rights: As the UK is part of the union which can be considered in
the European Council and all the convention on human right will be applicable in all the
courts of UK.
P2 Government’s role in law making.
To bring any law in the nation major role of government with proper structure will be
followed for certain changes in the nation. As the united kingdom government try to bring
various laws which are important to takes place (Kripke, 2016). Laws are enable for the social
and environment welfare in which government will work according to the requirement of
different bodies in the nations. The various role played by the government while making laws
such as:
Bill: It is the documentation format for the laws which are based on require of certain laws in
the nations. As the government will pass the bill in parliament with majority votes of members of
parliament. As the bill can be pubic and private which can be important for the citizens. But the
private bill have signifiant impact on the particular community. While the impact of public bill
will be applicable to all the citizens of the nations.
First reading: if the bill once present in parliament it is the first steps that is proper reading of
the senior members to find various mistakes in bill and any misprint that can cause due to error
in writing will be harm to the nations (Gitlin and Flaschen, 2016). As the house of common will
be responsible for all the bill to give reading.
Second reading: if the first reading have been completed the same bill be circulated for the
second reading for the discussion in house of common in references to report of first reading bill
feasibility and variability will be amendment according to the members.
Committee stage: if the bill have been reading twice that a committee will be form to know
their requirement of bill will meet the public demands and other issues will be discuss by the
members of committees. As per the committees will give suggestion to changes various step in
laws will be considered.
Third reading: As these stage bill be present again in house of common with proper amendment
made. Voting will be held in which the rejection and acceptance of bill will be final by outcomes
of voting.
House of Lords: In these stage house of lord will look out to the bill on the basis of voting
outcomes after that bill be circulated again in house of common on the reviews of lords.

Royal ascent: As all the step have been done these are the final stage where bill will accepted or
reject. Once it will be accepted the bill became laws and it can be applicable on the general
public.
M1.Evaluate the effectiveness of the legal system in terms of recent
reforms and developments.
As the legal English system of the United Kingdom have various reforms and
development. On the basis of government role while making the laws which have different
purpose. Due to the laws culture will be developed in that UK which is the most important aspect
in the nations (Locker and Kienzler, 2014). Another things is proper development of the citizens
in terms of education and their socio status will be changes duet to legal system. Crime rate will
be decrease in the nation due to strict laws which brings the safety of all the citizens in the
society. The role of the government in law making is to develop the nation with proper legal
system.
Task 2
P.3 Advice on different case scenarios.
1. Collin and David’s step and other legal considerations to be taken care of by them.
As the organisation will be restricted to use the same name if already organisation is
existed in market. As the guidelines have been made for the organisation to flow thje rules and
regulation before formation of companies. Such rules and regulation have been made on the
basis of the guidelines as follows:
 if the organisation is already existed in the market with name and branding than no one
can use the same name to form a new organisation in UK.
 As the name should not be misleading to any other organisation and also it should not be
harm to society or any community in the nation. It must be carry better information about
it.
 During the registration process the name of the organisation must be cleared and the
brads logo of the organisation is not copied from any other source (Hamermesh and
Sparks III, 2015.).
The Above guidelines are the most important to follow for organisation betterment. If these laws
are not considered in organisation than huge plenty will be charge.

2. Rights carried by Sophia for employment in the firm.
In the organisations contract laws have to be considered before terminated any employees
from the job. If the organisation is not able to give valid reason than employees government can
take action against as per the laws (Brown, 2013.). These are the guideline that followed to the
organisations before dismiss to the employees:
 As the employees are not able to perform their duties in the organisation in that case
standard will be applicable on employees in which organisation can dismissed them.
 If the employees have potential to perform their occupation but they are nor ready to do it
just because of uncertainty in that scenario in that can hey can be dismiss from the job.
 If the employees are involved in mischief in due to any legal matter in organisations. If
the employees taking leave without information than organisation can take various action
against on them.
As the misconduct will be based on the organisation which can be serious or gross. As the
employer can dismissed to the employee in there typES of dismissible such as:
Fair or Unfair dismissal: The dismissal can be fair or unfair. It can be supported to
various legal document or reason die to which the worker can be dismissed. From which
the procedure of dismissing the worker followed by the leader besides form clean or
biased.
Constructive dismissal: as the employer can be think about the necessary laws in which
dismissed can be constructive if the leader has strained the worker to leave organisations
owed for reason state created by the leader (Chan, 2017). The reason can be break of
contract from the broadside of the leader, demotions, decrease of the remunerations and
other compensation, etc. Some other issues can be, modification in the locality of
announcement without superior approving or announcement to the worker, power the
worker in dangerous or undesirable position. If the power shown to the worker to leave
organisations.
Wrongful dismissal: The dismissal can be unlawful if the worker is not capable period
to serve his announcement and the written agreement between them is immediately
dismissed without any superior information to the employees..

As the case have been given in the scenario it is clear that Sophia was involved in
misconduct and employer can dismiss her without any prior notice given to them. Also
she is involved in the presenting fake medical report for the various leaves that can be
against of the polices in which employer can terminated with this reason.
3.Legal advice regarding Mrs. Khan’s contract with AD Motors.
The code of conduct are form written agreement are to be follow by both the groups concerned
in it. As the contracts can be invalid and non-existence if any of the code of conduct declared is
not precede decent. The failure can be depends on the the right of wrong groups to acquire the
agreement cost or differently can action the another groups as well. It yield the right to the
guiltless groups to not increase the owed cost and formulation to the assembly for the wrong
occurrence. The final agreement is then unmade by the judicature.
In the given case scenario, Mrs Khan came in written agreement with AD Motors where
the last mentioned had to yield work to the transport and modification several broken-down
humanities as well. The fresh accessory of the transport of the person is costlier which is not
from the local organisation (Stemler, 2013).Nevertheless, other written agreement, AD motors
utilized same accessories and set it in the vehicles. When Mrs. Khan know about the failure of
written agreement, and she forfeit the cost which was to be ready-made to AD Motors. It was the
dishonest act performed by the organization. Therefore, Mrs Khan have right to formulation to
the judicature for final agreement and acquire the harm which is form by AD Motors. Further, it
is unfeasible of purpose that fake agreement which can punish the AD Motors for his practices.
Task 3
P4 Legal solution to vocational scenario.
The more the organisation that The terms and conditions that are included in the contract
must be followed by both the parties that are involved in the contract. However, any breach from
any of the parties involved makes the contract void. Further which no other conditions included
in it can be brought into practice.
In Singh appointed PHB Ltd for the commercial enterprise of his edifice. Nevertheless,
he left and breach the written agreement subsequently additive 60% of the commercial enterprise
activity. Further, Mr. Singh accomplished the building by the unexpended substantial. Later on
the dismissed has not yet been shown in written agreement, here is no right of the commercial
enterprise groups to assertion finished the substantial. Therefore, there is no control of PHB Ltd

to action on Sing for the leftover material. Hence, no rights of the substantial will be transferral
to PHB Ltd and Mr. Singh will not be punishable in that case.
In other case scenario given for Busy Bees where a organisations has went into
devastation and Samantha is nominated as a liquidator of the organisation. The organisation do
not have capable finances in command to give their stimulate. Nevertheless, in case of
settlement, the possession clutch by the organisations are sold-out so that the possession can be
met in the better way. Further, if the administration do not clutch competent sum of money of
possession so as to fixed off its stakeholders. Therefore, in that case pro rata and orientation
supported fixed off action is acquired by the less of funds in the organisation which is Samantha
in this case scenario. In this case, Aston business society clutch the exact complaint of the
liability who has closely-held 1,80,000 to busy bees. Hence, the sum of money accepted from the
exchange of asset will be moved out to Aston business society. However, if the fixed charge
would not have been clutch by the organization, in that case, prorate based allotment would have
been performed .
P5 Justification to the answer for PHB Ltd and Busy bees scenario
PHB Ltd was not able to move with the written agreement and break it in-between hence
the written agreement was not yet been dismissed at the particular location. Therefore, they don't
have the right by PHB Ltd owed to the failure in the written agreement by them. Further,
pursuing the code of conducts issued in dismiss section of contract law, PHB Ltd clutch no right
on the provision of judicial document to Mr. Sing and take action in behalf the latter cardinal will
alone be penalized for the to the same person.
Nevertheless, in the other case scenario centring Busy bees who has been liquidated and
Samantha have been nominated as the less of funds in the organisations. She clutch all the rights
that can assistance in scope off the sum of money to the stakeholders(Mallor and Langvardt,
2014). Further, Aston enterprise society clutch set cost over the asset, that is, site of the
organization. Hence, the funds that have been raised from the sell of the premises , that is,
1,50,000 will directly be transferred to Aston business society.
Task 4
P6 Legal rights of AFG Oil Company.
Judgement can be the not ordinary approaches of Alternative conflicts resolution (ADR)
from which out of judicature agreement is successful by the groups who have been involved in

conflict. It assistance in rejection of lengthy judicature suit legal proceeding promote not damage
the name and goodwill of the image of the involved of both the groups. It keeps the images of
the consumer integral. An mediator is chartered who occur to perceive both sides and proceeds
judgement based on it. The mediator is the group whose judgement is trustworthy by some of
the groups and believe to the opinion which have been made by him. Nevertheless, if some
groups participating in conflict is not slaked with the opinion made by the mediator then in that
lawsuit they can shift to the judicature for the settle down. The primary benefit of this approach
is that they demand not to affect in extended legal proceeding of the judicature where the suit are
held for more than expected time period. Further, the affair is besides keep private without
constraint the goodwill of organisation participating in conflicts.
The primary issuance affiliated to the mediation performing of Alternative Dispute
R(ADR) is that the mediator may departure any essential feature of the suit unmoved as he may
not clutch the psychological feature respect the susceptible affair (Posner, 2014). If the
information is not bought into heavy, it may lead to sincere abnormal in the outcome that have
distinct by the mediator.
The given case scenarios, AFG has been appointed as the mediator in order to settle down
the conflicts of both groups (Allen, 2016). The view of both the parties involved in the conflicts
is assessed by AFG Oil organisations earlier motion on to any view. The groups can analyse the
judgement supported on which they can determine that whether they neediness to trust on the
judgement of the mediator or would neediness to go to the judicature for improved agreement
appraisal of the conflict.
Conclusions
Based on below report, it can be concluded that, business law include definite policies
and process mentioned in business assists in improve working of the organization. Thus,
arbitration is an effectual ADR which helps in doing out of court settlement. Further, it can be
conclude that there are various character of dis mission that are discussed in the report such as
unjust dismissal, fair or unfair dismissal, etc. The case laws of engage bees, AFG Oil Company,
have been discussed in the study and legal proposal is to spread them. At the end of the
procedure of law arrangement and various roots of English law have been discussed in detail.
The more the mediator will bring the conflicts in the organisation it will create a situation to
bring the various laws to be fulfilled. As the in some of the case which are of Sophia it can easily

understand that she guilty and organisation can dismiss her any time. If the contract law is not in
written basis than these types of contract will be void. As in the UK laws are made by the
government which have been important role to bring the social and welfare of the citizens.

REFERENCES
Books and Journals
Allen, W.T., 2016. Independent Directors in MBO Transactions: Are They Fact or Fantasy?. The
Business Lawyer, pp.2055-2063.
August, R., Mayer, D. and Bixby, M., 2017. International Business Law: text, cases and
readings. Pearson education.
Brown, K., 2013. Contracting out by Western Australian government departments and the legal
implications applicable to safety and health related issues.
Chan, A.P.C., 2018. Doing business 2018: comparing regulation in 181 economies. World Bank;
Palgrave.
Cheeseman, H.R. and Garvey, J.R., 2014. Business law. Pearson.
Easterbrook, F.H., 2014. Federalism and European business law. International Review of Law
and Economics, 14(2), pp.125-132.
Folsom, R.H., Gordon, M.W., Spanogle, J.A., Fitzgerald, P.L. and Van Alstine, M.P., 2012.
International business transactions: a problem-oriented coursebook. ThomsonReuters.
Gitlin, R.A. and Flaschen, E.D., 2016. The international void in the law of multinational
bankruptcies. The Business Lawyer, pp.307-325.
Hamermesh, L.A. and Sparks III, A.G., 2015. Corporate Officers and the Business Judgment
Rule: A Reply to Professor Johnson. The Business Lawyer, pp.865-876.
Kripke, H., 2016. The myth of the informed layman. The Business Lawyer, pp.631-638.
Kubasek, N., Brennan, B.A., Browne, M.N. and Weaver, J.H., 2016. The legal environment of
business: A critical thinking approach. Prentice Hall.
Locker, K.O. and Kienzler, D.S., 2014. Business and administrative communication.
Loss, L. and Cowett, E.M., 2015. Blue sky law. Little, Brown.
Mallor, J.P and Langvardt, A.W., 2014. Business law: The ethical, global, and e-commerce
environment (p. 160). McGraw Hill, Irwin.

Schmitthoff, C.M., 2016. International business law: a new law merchant. Current Law and
Social Problems, 2, p.129.
Stemler, A.R., 2013. The JOBS Act and crowdfunding: Harnessing the power—and money—of
the masses. Business Horizons, 56(3), pp.271-275.