BSc Business Management Exam Paper 2022: Introduction to Business Law

This is the BSc Business Management Exam Paper 2022 for Introduction to Business Law. The paper includes multiple-choice, short answer, and longer answer questions covering topics such as the English legal system, tort law, and judicial precedent. The exam is designed for students studying BSc Business Management with Foundation at an unspecified college or university. The paper was released on July 23, 2022, and the submission cut-off date was July 25, 2022.

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BSc (HONS) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER TWO EXAMINATION 2021/2022
INTRODUCTION TO BUSINESS LAW
MODULE NO: BAM4011
Exam Paper Release Date & Time: Saturday 23 July 2022 at 10:00am
Submission Cut-off Date & Time: Monday 25 July 2022 at 10:00am
INSTRUCTIONS TO CANDIDATES:There are THREE sections in this paper, answer
ALL THREE sections

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
Section A: Multiple-choice questions – There are FIVE questions. Answer all
questions. There is one correct answer per question. Suggested time 10
minutes. (5 x 2 = 10 Marks)
1. The English Legal System refers to the law in which of the following
countries? (2 Marks)
a. England only
b. England and Wales
c. England, Scotland, and Wales
d. England, Scotland, Wales, and Northern IrelanCouncil.
Ans. England and Wales
2. Which of the following is NOT a source of English law? (2 Marks)
a. Statute
b. Caselaw
c. Orders in Council
d. Orders of the European Commission
Ans. Orders in Council
3. Which of the following correctly describes the elements for a legally
enforceable contract: (2 Marks)
a. Offer and acceptance
b. Offer, acceptance, and consideration
c. Offer, acceptance, consideration, and intention to form legal relations
d. Offer, acceptance, and intention to form legal relations
Ans. Offer, acceptance and consideration
4. What is the minimum age permitted for a person to be appointed as a
director? (2 Marks)
a. 16
b. 18
c. 21
d. No minimum age

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
Ans. 16
5. How many persons are needed to form a UK company? (2 Marks)
a. Two
b. One
c. Three
d. Four
Ans. One
Section B: Short answer questions - There are FIVE questions. Answer all
questions. Suggested time 50 minutes. (5 x 6 = 30 Marks)
1. Describe the principal characteristics of the legal system of England and Wales,
inclusive of court Structure, the judiciary, lawyers, and lay participation in the
system (magistrates, juries and tribunal members). (6 Marks)
Ans. The legal structure of United Kingdom prohibits monarchy and regulation, in
which one person is designated as the head of state and has exclusive
leadership authority. This legal framework establishes certain roles,
responsibilities, obligations, rights and functions that must be carried out in
accordance with legal treaties. It is widely accepted that those with this level of
authority over people must be impartial, which means that they must act
impartially while in acting, interpreting and adjudicating the laws that govern
society. The English legal system which collaborates with legislation passed and
establishes as president in tribunals and has interpreted it in sources like case
law, is in charge of how the law is applied in England and Wales.
The house of commons and the house of lords are the two primary categories for
the Parliament’s important and essential powers to pass such laws. Whereas the
former includes the head of state who is also specifically a part of such
institution’s electoral power. On the other side, judicial powers fall under the
purview of courts and tribunals, where judicial officers are required to interpret

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
laws and render judgements pertaining to all areas of law, primarily civil and
criminal law. According to the specified hierarchy of courts, the Supreme Court is
at the top and is considered the last recourse for people to file appeals for the
grievances and handle situations that fall under the purview of UK case
laws(Farrugia, 2018).
Another category is court of appeal, which is split into criminal and civil courts of
appeal. The first group deals with cases handled by the High Court and country
codes, which are less serious, while the latter category includes appeals filed in
the crown division. In contrast, the third division is an appellate court called the
High Court which includes the family division, queen bench that handles matters
involving contracts and business law, divisional courts, administrative benches,
Chancery tribunals, and so forth. The major categories of tribunals, which are
ground codes involved in criminal cases which are transferred from magistrate
benches relating to punishments. The summary court cases are tried by
magistrate tribunals, which compromise proceedings from crown and family
courts. Civil cases are handled by county tribunals.
2. What is a Tort? Narrate in detail Tort of negligence and breach of duty of care. (6
Marks)
Ans. Tort refers to a legal wrong where one person is the victim of another persons
wrongdoing. When someone acting negligently while executing their job, the
individual who was harmed receives liquidated damages from for their loss and
damages. The third law is an altered law. There are several factors that might come
into play and cause someone person. One such Person get neglected by another
person. When such a factor results from another person’s negligent behaviour. The
case of Donoghue versus Stevenson, it was ruled by the house of lords that a
person could not bring a lawsuit against another person or hold them accountable
for the damages or the losses suffered by the first party in the absence of a binding
contract. Following this judgement, the house of lords understood the importance of
the obligation to exercise care as a crucial condition of negligence. These legal

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
systems are primarily found in neighbourhood disputes, employ customer duty to
take care of, and so forth. Sir met, there are three main requirements for making a
claim for damages due to negligence that is duty of care, breach of an obligation
whether responsible party is involved, losses and damages under reasonable
conditions in which the failure to act could have been prevented. The most important
component is the duty of care, which results from the aforementioned example and
organises a person to take answerability when their activities have a direct bearing
on the interest of others that they are impacting (Repiquet, 2018) . The definition of
this aspect was narrowed in the case of Anns versus Merton London Borough
council by the introduction of concepts like fairness and proximity of taking
appropriate care, which are generally in reasonable situations. On the other hand ,
situations involving breaches of duty, rests with the earliest individual to
demonstrate their innocence, brought before the court. There are several rules that
are established to judge if a person is acting reasonably and whether a violation
puts the offending party in a precarious position. These actions of the defendant
occurred in his place of occupation or employment, in violation of an alleged social
obligation, pose the high degree of risk, and since precautions were taken in the
circumstances, the defendant is not held.
3. ‘What is law?’ and `why does the law exist?’ Discuss and explain some of the
main theories relating to ‘Sources of Law’. (6 Marks)
Ans. A regulation is the device of regulations which a central authority or society
broaden to address commercial enterprise agreements, crimes and social
relationships. You can use regulation for discuss with folks that paintings on this
device.
The regulation in society isn’t some thing which comes from out of doors of society.
This is a fact of essential idea of society. Law represents norms of society and
what’s equal, appropriate and truthful as in step with society. Every society have

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
their personal policies however amendment withinside the norms of society, the
guidelines have been altered. In society regulation exists due to essential reasons:
• For governing conduct of human beings as consistent with the norms of society
which incorporates agreement laws, regulatory laws, non-public laws, prohibition
regulation and lots of more.
• For balancing the harm made thru the sufferer in opposition to the society and
character in general.
• To collect and extract income thru the loads from the use of taxation regulation.
Various prison theories evolved at some point of societies are:
• Natural regulation concept: In this the research of relation among society and
nature, the philosophers arrived at the realization that there are kind of regulation
which governs social relations (Yeoh, 2021). One is made through individual to
manipulate relation withinside the society and different is likewise made via way of
means of character however manipulate all of the person withinside the world.
• Positive regulation concept: The advantageous regulation concept is called
analysts or vital regulation idea. This is refers to regulation that is definitely point out
via separating “is” from the regulation, that’s “ought’ to be. This have perception that
regulation is a rule enforced and made thru the sovereign frame of state.
4. What are the three elements which a Claimant must establish in a negligence
claim? (6 Marks)
Ans. Negligence is a tort which get up while an character have obligation of care in
latter that’s violated in overall performance outcomes in non favored harm and loss

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
omits hobby of such man or woman in affordable circumstances. There is particularly
three factors for constituting such tortious act.
Firstly that is the obligation of care to make alleged responsible for negligent act
withinside the components that is crucial and complied. This is refer as each person
should have obligation for taking right interest whilst Carry out functions (Wheater,
And Proudlock, 2018).
In 2nd situation that is accountable to laid the hobby of claimant administering relation
of each events for behavior of hobby to awn responsibility for the plaintiff isn’t
enough, however this contain willpower to set up hobby that is decided with the aid
of using judge.
Thirdly the circumstance is violated the responsibility of take care which alleged do
now no longer capable of follow the requirement standards which an person owe.
Fourthly that is real causation of omission wherein the claimant sue defendant for act
of negligent indicates the legal responsibility for supplying violate motion in a part of
alleged inflicting breach of real harm in a part of aggrieved.
After proving and complying all of the factors claimant can call for reimbursement
from the alleged party.
5. Illustrate and explain the rules that apply to judicial precedent and statutory
interpretation; by citing prominent legal principal based on, ‘Ratio Decidendi’
‘Obiter Dicta’. (6 Marks)
Ans. The idea of precedent is referred as ruling or act which lay down thru tribunal
which adopt preceding and earlier laid judgement determined and heard as instance
have comparable problems and data to refer in next behaviour for events in general.
The judicial priority is categorized in lots of divisions that is first approved and

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
complied via courts course established. Secondly that is persuasive in rulings for
tribunal which do now no longer comply any accountabilities which holds ingratiate
measures. Where overseas tribunal selection is maintaining persuasive cost in lots
of tribunals. In last, declaratory president that is given as mere execution of earlier
law through Salmond opined. The rule of Obiter Dicta is to be interpreted as unique
ruling and judgement laid down thru courtroom docket expressing command of
judicial government having no price in courtroom docket(Wareham, 2022) . This do
maintain price to finish any difficulty however utilise as a thing of managing one of a
kind situation. On different situation the ratio decidendi is referred as reasoning for
choice that's laid down in tribunal wherein those rules have been now no longer used
as scenary of current instances however use for concluding choice laid with the aid
of using courtroom docket. This is phase for priority that have fee in courtroom
docket for instance destiny or upcoming case resolving disagreement.
Section C: Longer answer questions – There are THREE questions. Answer all
questions. Suggested time 60 minutes. (20 x 3 = 60 Marks)
Question 1 (20 Marks):
‘Bits and Bobs’ is a scrapyard owned by Fred Dust. The scrapyard sits on a sizeable
plot of land, extending to over 5 acres. Some of the scrapyard lands share a
boundary with neighbouring houses. A number of homeowners have complained and
threatened legal action in relation to various aspects of Fred’s business.
Consider the following complaints and advise the property owners whether or
not they will have a claim in nuisance against Fred for the issues complained of.
Complaint 1: Mrs Khan
Mrs Khan’s bungalow lies close to the west boundary fence of the scrapyard.
That edge of the scrapyard is overgrown with trees and weeds. Mrs Khan has
complained that some of the tree roots are affecting her patio and causing the
patio slabs to crack. She has also noticed some cracks appearing on the rear

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
wall of her property and has been advised by a local builder that the
foundations are being affected by the tree roots.
Complaint 2: Dave and Molly
Dave and Molly rent a house to the south side of the scrapyard. They have
complained about two issues. One is the smell, and the other is the noise.
Dave works night shifts as a paramedic. He is home by day and often
sleeping. He has complained that the noise from the scrapyard keeps him
awake as the workers play loud music and the machinery which sorts the
scrap makes constant loud noise. No one else has complained about the
noise. Molly has complained about the smells from the scrapyard. There is a
large pile of landfill waste which creates a foul odour and an
incinerator that smells. She cannot enjoy her garden at the weekends and
cannot open the windows, even in summer.
Complaint 3: Novel Orchids Ltd
Jenny owns a plant nursery, ‘Novel Orchids Ltd’. Her nursery shares a
western boundary with ‘Bits and Bobs’. Jenny has complained that her rarest
Peruvian Orchids have died as a result of the smoke and toxic fumes from the
incinerator.
Advise Mrs Khan, Dave and Molly and Novel Orchids Ltd of possible claims in
nuisance against Fred.
Ans. In the primary case, Mrs Khan has authority and proper to record grievance for
nuisance as one of the crucial of this tortious legal responsibility is bobbing up as it’s
far inflicting annoyance and interference to different individual land. The considered
necessary of this kind of tort lays down that wherein any harm or harm is brought
about infringing their rights legally because of incorrect devoted through their
movement traumatic and violation their rights. In the case assets proprietor became

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
intently associated with respondent house at west in which the over developing
branches scrapyard turned into touching their patio and main to cracks unfavourable
its belongings. But after many proceedings additionally they did now no longer paid
any heed and due attention, So claimant had proper to do so on nuisance proper.
In the second one scenario, each necessities are violated wherein there has been
criticism for noise and scents of plant which lays down that any incorrect performed
with motive to motive violation in their criminal proper or inflicting annoyance and
damages are incurred on entertainment over different individual belongings shall
now no longer be intervene. If such state of affairs is available in lifestyles then
nuisance can take place (McCashin, , 2020) . This case consists of tenants
dwelling on south facet wherein they have been irritated of non-stop noise disturbs
the claimant running in night time shift through employees gambling loud song and
equipment which concerned production stressful its proper of entertainment at its
house through Dave and Molly changed into aggravated of odor from the plant life
infringing their felony rights on the way to whinge for nuisance carried out.
In the third surroundings, the Bits and Bobs proprietor Fred is accountable for
nuisance below this surroundings due to the fact the belongings proprietor Jenny
plans have been broken because of the emission of pollution which have been
polluting the surroundings inflicting their criminal proper of house.
Question 2 (20 Marks):
Magic Mug Ltd designs and manufacture mugs. They have recently produced 2,000
mugs bearing a slogan saying ‘We support the NHS’ and a rainbow logo. On 15 July
at 2.00 pm, Magic Mug Ltd posted on their social media account that the NHS mugs
are for sale at 75p per mug.
Betty sees the social media post while using her phone, travelling on a train. She e-
mails Magic Mug Ltd at 3.00 pm on 1st July asking if she could buy 500 mugs at 50p
each. Magic Mug Ltd see that e-mail but do not reply.

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
A national café chain, Tasty Treats, wants to buy all 2,000 mugs to use in their cafes
to show their support for NHS workers. They send one of their drivers that afternoon
as soon as they see the social media post. The van driver arrives at Magic Mug
depot at 4.30 pm and they pay for the 2,000 mugs and the driver takes them away.
At 5.00 pm Betty visits the Magic Mug Ltd depot and tries to pay £250 for the 500
mugs. Magic Mug’s sales manager explains that they have just been sold and they
have none left. Betty claims she had a contract with them made before they sold
them to Tasty Treats.
Advise Magic Mug on whether an enforceable contract was made with Betty.
Ans. In this case there was no contractual responsibility of Magic Mug to
compensate damages with regards of Betty interest as there was invitation to cope
with on Betty aspect but popularity has now now not been delivered from the issue of
enterprise nice the alternative party has supplied its interest this is step one in all
agreement. The Carbolic Smoke ball Co. v. Carlill, which stated that mere offer for
inviting to cope with is not agreement. For obligating person to perform motion in
agreement arises in which there is proper offer from offerer and recognition from the
side of offeree expressly or impliedly. Then there want to be interest preserving
positive rate in monetary terms. Further it holds crook purpose for forming crook
agreement having consensus ad idem and agreeing on all terms and condition and
performing respective function with the object to gain interest on every occasions
aspect(Wesanko, 2021). Therefore the ones scenario must be complied which
modified into seen in case of enterprise and cafe Tasty Treats chain complied their
typical overall performance but Betty has virtually offered the rate no motion become
in addition taken. Therefore no award could be obtained due to absence of
contractual .
Question 3 (20 Marks):
Shreena and Gita wish to run a business buying and selling organic vegetables.
They have decided to set up a private company limited by shares and are thinking of
calling their company ‘VegRus’. They will be the subscribers and the first directors of

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
the company. They have already found premises, but the owner is insisting that a
contract to lease the premises is signed immediately, despite the fact the company
will not be registered for about four weeks.
Advise Shreena and Gita what documents will have to be delivered to the Registrar
of Companies before a certificate of incorporation of the company is issued, any
restrictions on choice of the name of the company, and any liabilities they may
personally incur if the lease is signed before the company is incorporated.
Ans. In such state of affairs the only proprietors signing rent earlier than incorporation of
organization will be absolutely
responsible which makes Shreena and
Gita to preserve loss and damages for
my part as they signed hire deed earlier
than turning into administrators and
proprietors of organisation. The
incorporation of organisation with keep
numerous factors for constituting
organisation which includes registration
of entity having bona fide and criminal
identification, In such surroundings
partnership settlement will be signed
sharing their stocks and inventory for
having rights and duty equal shape for
the income and losses. The name of
corporation should constitute strong
point and nature of organisation it’s
miles involved(Gayathri, 2020). Further it
contains charter of organization wherein
Article of Association is one which
incorporates guidelines and law which
includes legislative provisions below it.
On different hand memorandum of
affiliation is one which incorporates
incorporation and completing details,
management and control law and
different such aspects of companies.
When those factors are comprised then
simplest vegetable organization may be
established.
END OF QUESTIONS

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Business School
BSc (Hons) Business Management
Semester 2 Examination 2021/2022
Introduction to Business Law
Module No. BAM4011
REFERENCES
V., Gayathri, 2020. Comparison of UK Companies Act 2006 and Indian Companies Act
2013. Issue 3 Int’l JL Mgmt. & Human., 3, p.632.
Wesanko, J., 2021. A Corporate Compliance and Ethics Program Compliant With the Foreign
Corrupt Practices Act and the UK Bribery Act: Mission Impossible.
McCashin, B., 2020. UK COVID-19 business interruption insurance update:’FCA v Arch
Insurance’. AUSTRALIAN INSURANCE LAW BULLETIN, 36(6), pp.98-100.
Wareham, L., 2022. The nature, patentability and value of patents for computer-implemented
business method inventions in the UK and Canada. Journal of Intellectual Property Law and
Practice, 17(6), pp.513-525.
Wheater, J. And Proudlock, E., 2018. UK Corporate Offence of Failure to Prevent the
Facilitation of Tax Evasion. Bus. L. Int’l, 19, p.178.
Yeoh, P., 2021. Post-brexit Deal: The New Normal for the UK?. Business Law Review,
42(2).
Repiquet, M.D., 2018. Report from United Kingdom: UK Private Fund Limited Partnership
2017-Preserving UK Reputation Post-Brexit. Eur. Company L., 15, p.97.
Farrugia, A., 2018. The reform of the doctrine of utmost good faith: A reconnaissance of the
developments and outcome with particular reference to the UK. In Governance and
Regulations’ Contemporary Issues. Emerald Publishing Limited.