BSC (Hons) Business Management with Foundation - Business Law Exam Paper 2021/22
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This report explains the legal system in UK, its respective characteristics, and the impact of UK law making process on commercial organisations, focusing on contract law. A strong understanding of business law is essential for businesses to operate effectively and within legal boundaries.
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BSC (Hons) BUSINESS MANAGEMENT WITH FOUNDATION SEMESTER 1, EXAMINATION 2021/22 BUSINESS LAW MODULE NO: BMP4002 Exam Paper Release Date & Time: Saturday 13August 2022 at 10:00am Submission Cut-off Date & Time: Monday 15August2022 at 10:00am --------------------------------------------------------------------------------------------------------------- ANSWER BOOKLET All the pages of the answer booklet should be submitted including blank ones. Please type your answers in the spaces provided. Insert additional pages where required. Student Name ID Number
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Contents INTRODUCTION...........................................................................................................................1 MAIN BODY..................................................................................................................................1 1.0 The UK Classifications of Laws................................................................................................1 i. Define law in the context of UK...............................................................................................1 i. Define and discuss the characteristics of the two main classifications of laws in UK.............1 iii. Identify the three different Legal systems in UK...................................................................2 2.0 The UK Source of law...............................................................................................................3 i. Classify and concisely elucidate the hierarchy of the principal sources of laws in the English Legal System...............................................................................................................................3 ii. Describe the features of the sources of laws recognized above providing examples of each.3 iii. Deliberate the effect of the particular laws on the multilingual organisation........................4 3.0 Give examples of how the UK law making process have a direct impact on commercial organisations focusing on ONE of the below list:...........................................................................4 i. Contract law..............................................................................................................................4 CONCLUSION................................................................................................................................6 REFERENCES................................................................................................................................7
INTRODUCTION Business law also termed as commercial law or corporate law is considered to be the legislative body that is applicable to the rights, duties or the conduct of any individual and even the businesses and the ventures which are an intricate part of various commerce, sales and the trades (Marson and Ferris, 2018). In this report the explanation regarding the legal system in UK, its respectivecharacteristicsareexplained.Theprimarydeterminationandtheworkofthe businesses involve order maintenance, safeguarding of the duties and responsibilities and the development and resolution of standards and disputes respectively. The essential objective of this system is to know the law related principles and the system of the Law in UK. MAIN BODY 1.0 The UK Classifications of Laws i. Define law in the context of UK. According to the English legislation, law is assumed to be according to the guidelines and the set of standards which are applicable with the assistance of the legal system of the nation. The English legislation in the country imparts its focus on the government and its legislation or the state which occurs in various government projections and even in their conduct of the subject in between one other. There also exist various different types of laws in UK as a nation which includes property law, criminal law, administrative law and the commercial law including various others. i. Define and discuss the characteristics of the two main classifications of laws in UK. The criminal law in UK turns around the descriptions of the criminal and the various methods and regulations that are applicable in the situation when the police officials look into the matters relating to any offense that guarantees to have any individual to be executed or to be looked into the matters of the various cases when the summoning experts also charge for the individuals to appear in courts. Although the UK business guidelines in the legal scenario are shown to be under various legal classifications that are based upon various regulations that are closed by arrangements secured by the objects of business development being synchronized in UK(Tao, Si JunandXiBai,2021).Theprimarydifferencebetweenthetwodifferentlegislative 1
classifications occurs in the fact that the guidelines of the business scenario are for the business practices of UK while the criminal guidelines are based around the strategies that are associated with real tine offense in the criminal laws of the nation. The criminal guideline experts are based upon the exploitation of the experiences and understandings to safeguard that the clients are given the best suited results for their cases(Halbert and Ingulli, E., 2020). . In addition to all this, commercial law focuses on genuine conduct of the strategies which is related to the practices of businesses in UK. It also gives attentions on the actual progresses inclusiveinthecommencementoftheimprovementsinthebusinessworkissuesand understanding of the arrangements and discussions while dealing with business expansions, obtainments and combinations. Additionally criminal guidelines cover for the district areas that combine for the bad behaviours in contradiction of the body with bad behaviours against the property legitimate offenses, wrong doings and extreme obligation offenses. iii. Identify the three different Legal systems in UK. The legal systems in UK are basically for the recognized set of regulations and laws that includes English and Welsh regulations, Scots regulations and Northern Ireland regulations. But after the year 2007 the Welsh regulation has been fully applied. It has been the result of the various set of experiences and connections in between numerous cities and districts in UK. The English and Welsh regulation focuses on the various criminal and regular matters. The supporting areas of these regulations includes the standards of the custom based regulations under its particular agreements which date backs from the year 1189(Ershova and et.al., 2019). The Welsh regulation is the primary and assisting laws that are formed by the authorities in the parliament by using the powers that are allowed to them in the authority and control of the public of Wales as of year 2006. In the setting of Northern Ireland, the entire set of laws that are given in the districts include the various regulations and frameworks that have been customised to be overseen by the Northern island courts with the essentials and appealing supreme court of UK in both common and criminal matters. In the long last, the scots regulation is a set of astonishing and recognized set of laws and regulations in UK that have been settled from the Roman regulations and are positioned in ailing regulations that are traced way back to corpus Julius that combines the potentials of customary regulations also involving the middle aged sources. 2
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2.0 The UK Source of law i. Classify and concisely elucidate the hierarchy of the principal sources of laws in the English Legal System. The direction in the English general set of laws which include the three divisions that are Queen's seat, the Chancery division and the Family division. In this orderly development a court of appeal has the specific competence of re-appraising chamber. The common division revolves around the management of various requests from High court and the district having management of requests from High courts and province courts(Bright, 2018). It also includes the criminal division which centres on the managements of requests from the crown court. The last allure in the entire set of laws in UK is the supreme court for the normal and criminal cases both that initiated from the England, Wales and Northern Ireland. The two primary sources of the English regulations can be assembled into various case regulations. The regulation indicates to various sculptures and guidelines whereas the case regulations indicate to the choices of the court. Apart from these two wellsprings of the UK regulations integrates with the European Union regulations and European conventions for freedoms. But in the situations, after the take-offs of the UK from the European Union, the regulations of European Union are the European conventions of the basic freedoms doesn’t go about as a basis of regulations underneath the English ordinary set of laws. ii. Describe the features of the sources of laws recognized above providing examples of each. Legislation is categorized as the collected set of laws of United Kingdom that includes demonstrations of the parliament. The characteristics of the sources of laws are given below as follows: The legal system of the nation applies the rule of equality for providing equal and just treatment to individuals irrespective of the basis such as caste, gender and race. It has been believed in the establishment and maintenance of the affectionate relations among the society and people in it(Sarti, Bellavitis and Martini, 2018). The legislation in the country is way too dynamic and is limited within the options of expansion of the boundaries on the basis of the changing rules, regulations and laws. 3
ď‚·It also recognized and built peace in the society with the maintenance of the laws and order in the nation. ď‚·The system is very complex and intricate in its behaviour ascertaining the legal obligations. iii. Deliberate the effect of the particular laws on the multilingual organisation. With globalisation playing an essential role for the business enterprises in the business developments at the global level and with these they also have to build a distinct multi linguistic department as language is measured to be a primary blockage for organisations at the time of their expansions for the businesses in the international market as it plays an important role in understand the needs and requirements of the customers in the local market of the place. The various laws also help in assisting to educate the society about the various diversified cultures in the society among its individuals. These practices together relating to the multilingualism assist in addressing the authenticity of any respective locality or area. Hence it is essential for the business organisations to establish multilingual practices for making sure that there is enough understanding of the languages of various types at one place that helps in assisting the validity of the diverse cultures of the different cultures. So the result of the various laws on the multi languages formation is that is assists in the evolution and progress of a respective arena by providing it the respective recognitions to the minority class at the national level by framing at numerous policies for the diversified regional cultures. 3.0 Give examples of how the UK law making process have a direct impact on commercial organisations focusing onONEof the below list: Explain and give the features of one of the following laws: i. Contract law As given by the English laws, contract is depicted as an understanding in between not less than two social affairs or parties that is limiting rightfully. An arrangement is an inflexible comprehension that assists the parties involved in presenting the prerequisite of the guidelines. As understanding can be termed as an open term but it does come out to be the primary requirement for the customary schedules for all the individuals. The primary features for the English contract laws are described beneath which assimilates with three different parts: 4
ď‚·Formation of a contract ď‚·Contents of a contract ď‚·End of a contract Formation of a contract On the basis of the English guideline, the three primary necessities for drafting a contract which combines figuring out the actual thought. In addition a contract is developed after the making of a proposition that may be for the preparation of the insurance arrangement of either money or the purchase of the explicit products. The three primary necessities for the draft of a contract lie in knowing the real thought behind the contract. In addition, a contract is established after the providence of the suggestions needed. After this the other party distinguishes the arrangementthatprovidesforthecomprehensionsothepartiescanunderstandthe recommendations and give counter suggestions. The two parties involved should duly provide for their true correspondence as for the counter recommendations and the arrangements are sorted from each side. To outline an understanding which goes in with the necessary requisites ought to be completed in setting of thought that is provided below: ď‚·Thought ought to be satisfactory yet need not be adequate. ď‚·Thought ought not to be from the past. ď‚·Thought ought to move from the responsibility. Here thecontract lawaffects a business relationship as necessity may occur to follow all of these characteristics to approach a legally official concurrence for certain different social occasions including its labourers or untouchables related with its business. Contents of a contract The contents in a contract are various and are referred to as the terms or the clauses. An agreement may generally contain of these various terms. Even the simplest form of the contract will include terms.The primary terms are commonly the price paid, the subject matter, the services asked. It is normal for businesses to have a standard form of the written terms and contents of the contract that may be a lot on paper.it is not necessary for the terms of the contract to be on paper in case of the simplest contracts but the written availability of the contents of the 5
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contract needs to be present in case of the complex contract and arrangements. These complex contents may be termed as conditions, warranties or the innominate terms. It is fundamentally essential for the two parties to ensure that the contract is enforceable in an effective manner and there are no likelihoods of trouble in between the parties for the contents and affiliations of the contract. The end of a contract Thedifferentstepstoendacontractareasfollows:lapse,end,vitiationand disappointment. Termination is referred to be ending the contract as an agreement reaches for its terms and is ended for its actual proper expiry date. The end for an agreement is executed and is on the basis of an appropriate break expectantly break or end break. Vitiation indicates to the situational circumstances in which the individuals determining a contract have had the choice to have an understanding. Whereas there occurs an area of presence or non-presence of the realistic situation or the event or non-event of the explicit matters that has been removed due to the release of an agreement or in an alternative manner in which it is provided. In this part of the agreement and association is affected, reason being that it gets influenced by each and every minor guideline in the completion of an agreement. It is understood to be done in a legal manner so the individuals and the parties involved do not have to deal with any legal difficulties in the end of the contract. CONCLUSION From the above report, it can be concluded that business law is an essential concept for all type of different organisations. With it being the body of legislation that is applicable to the rights, responsibilities and conduct of individuals. In UK, the legal system is governed not only England and Wales, but also Scotland and Ireland. As the source of law in the United Kingdom is distributed in primary and secondary sources. The major part of UK legal system is based upon common law that is also known as judge made law that is the amalgamation of customs and judicial patterns. The other part of the report concludes upon the employment law that is considered as essential legislations for actual functioning of any business enterprise. It basically governs the employers and employees at their work institutions for their obligations towards each other. 6
REFERENCES Books and Journal Marson, J. and Ferris, K., 2018.Business law. Oxford University Press. Halbert, T. and Ingulli, E., 2020.Law and ethics in the business environment. Cengage Learning. Tao, Z., Si Jun, B. and Xi Bai, R., 2021. Research on marketing management system based on independent ERP and business BI using fuzzy TOPSIS.Journal of Intelligent & Fuzzy Systems,40(4), pp.8247-8255. Ershova, I.V., and et.al., 2019. The phenomenon of digitization in legal business education. InUbiquitous Computing and the Internet of Things: Prerequisites for the Development of ICT(pp. 145-152). Springer, Cham. Wallinga, M., 2019. Why MiFID & MiFID II do (not) matter to private law: liability to compensate for investment losses for breach of conduct of business rules.European Review of Private Law,27(3). Bright, C., 2018. Creating a Legislative Level Playing Field in Business and Human Rights at the European Level: Is the French Law on the Duty of Vigilance the Way Forward?. Sarti, R., Bellavitis, A. and Martini, M. eds., 2018.What is Work?: Gender at the Crossroads of Home, Family, and Business from the Early Modern Era to the Present(Vol. 30). Berghahn Books. Edelson, S.A., Senk, C.C. and Stock, K.L., 2018. Using an integrated business experience to take the place of “introduction to management” in an integrated curriculum.Journal of Education for Business,93(7), pp.332-340. Saady, N., 2021. Security for workers in an insecure world of work: Establishing freedom of associationandcollectivebargainingasfundamentalrightsforAustralian workers.Australian Business Law Review,49(1), pp.26-51. Ronda-Pupo, G.A., 2020. The performance of Latin American research on economics & business.Scientometrics,122(1), pp.573-590. 7