Business Law and Corporate Governance

This assignment delves into various business law scenarios, examining relevant legal sources, government regulations, and ethical considerations. It analyzes specific case studies, applying legal principles to provide practical solutions for organizational challenges. The analysis highlights the role of mediators in dispute resolution and emphasizes the importance of compliance with legal frameworks for effective business operations.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................2
P1 Several sources of legislations which organisation are required to follow............................3
P2 Roles of legal authority in law making..................................................................................3
P3 Illustrating the way company employment and contract law has a potential impact upon
business.......................................................................................................................................4
P4 Legal solutions to the problems faced by the companies.....................................................6
P.5. Provide justifications for the use of appropriate legal solutions..........................................7
P.6. Recommend legal solution based upon a different country's legal system and different
framework...................................................................................................................................8
REFERENCES..............................................................................................................................10
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INTRODUCTION
Business law is defined as the legislation which is formulated by the government in the
country for governing business activities. Objectives of these regulation is help an organisation
in resolving several issues which are creating barriers in the growth as well as success of firm.
Laws in UK governs as well as regulates the companies operating business in England and
Wales. These norms are created by the legal authority in UK for restricting unethical as well as
unfair trade practices.
The purpose of the assignment is to identify the way several legislations have effect on
business operations. It also emphasizes on analysing the effect of company as well as contract
law on business operations. Project intends to provide wide range of legal solutions for problems
faced buy company.
P1 Several sources of legislations which organisation are required to follow
The basic nature of English legal system is that, it does not have specific unified code
which make its different from other legal system (Allen, 2017). As per the nature of English
legal system, no individual shall be authorized except in accordance with law equality before the
legislation fairness. It consists of fair and regulations which are required to comply with the
companies operating in UK. Company law, wage act, heath and safety regulations are some legal
norms which are to be followed by an enterprise. The sources of these legislations are :
Common law-These are the regulations which have been evolved automatically by the decision
made by judges in the existing law cases.
Statutory law- these legislations have been originated by the act of parliament.
Delegated legislations- There norms are designed by legal authority to whom the law making
power has been delegated by the authority (Disch, 2016).
Convention of human right- Few laws in English legal system are influenced by the norms in
legislative system of European Union. Convention of Human right this regulation are required to
be followed by Companies. Before Brexit the laws were developed by government of European
country which was followed by an organisation in UK. But after Brexit, The legal authority in
UK has planned to create its own norms as well as regulations.
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P2 Roles of legal authority in law making
Law making is the very lengthy process which begins with identifying the problems
faced by people or companies in the country. It is the duty of government to conduct survey or
research and recognise the several issues in the nation. Function of legal authority is to analyse
the solutions to several problems and prepare the list of the same in form of draft which should
then to be forwarded to the legal authorises at lower level in the hierarchy of legal system. Role
of government is to get approved the draft by the local bodies (Halbert and Ingulli, 2011). Once
the draft or documents get approved by these legal bodies at state level then it is required to be
presented in front of parliament for first reading. It is the duty of government to present bill for
first reading. At the next stage, duty of legal authority is to make amendments in the proposal as
per the suggestion or legal advice provided by members in the parliament. When the appropriate
corrections are made, function of legal authority is to present the bill for third reading, once the
proposal get checked by parliamentary authority, it is required to be presented for the
examination to the special team in the parliament. Then after the function of legal authority is to
after the third reading proposal is to be presented for fourth reading where the shop debate
related to the approval of the bill will take place in which the each members in the parliament has
right to vote for the implementation of the proposal. At the next stage, the bill is to be presented
for final reading where conclusion of enforcing the act is made. But the function of legal
authority is not finished at this stage, in condition when the proposal is not approved by the
parliament, then such case, it is duty of government to recognise the another way for solving
issues.
P3 Illustrating the way company employment and contract law has a potential impact upon
business.
The different laws formed by the government in the country has direct impact on business
practices. It also has great influences' on business policies as well as strategies. In context of
employment legislation, this norm has significant impact on the human resource management
and activities conducted by this department (Hopkins, 2011). Employment law has been created
by government in order to assist employees in preventing the rights from exploitations. These
regulation have major effect on the employer as well as employee relationship.
Advising The owner of the business when establishing or naming an organisation.
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Stage 1 – Initial owner is needed to determine the nature of company whether public, private, or
partnership organisation to be established.
Stage 2-Selecting good name for the firm-Entrepreneur has to decide the name of the company.
Once the name of the business is determined. Regulation framed by government is to be
considered when naming an organisation (Jensen and Murphy, 2010). The most necessary thing
is that it should not match with the name of excising firm. The name new organisation required
to get approved from Companies House. The name of the business units should not consist of
unethical symbols or abusive words.
Stage 3-Function of the director is to collect the information needed to register the corporation-
owner of the company can refers to the new company registration checklist and fulfil the all
documentation requirement. It is very important for director of newly establish business entity to
give following detail to the registrar such as name of the organisation, location, nature of
business, business operations, details regarding share capital, information about company
director, normal or important details of shareholder etc. It is necessary for director to provide
various data related to its shareholder for security purpose.
Stage 4- Creation of Memorandum as well as article of associations-The role of director is to
prepare memorandum as well as article of association.
Stage 5- Filing Incorporation with Companies House
Advising Employer
In given case scenario, As smith is employer, it has been advices to him is that he should
comply with the all terms as well as condition in employment contract (Jones, L., 2017). As this
activity will aid Smith in eliminating legal issues. According to employment It is the duty of
employer to provide all facilities, healthy and safe working environment to workers. Smith has
been suggested to do so.
Advice to Employee related to his rights
In given scenario, Dave has right to complain the human resource team about the issue. It
is the duty of human resource manager to resolve the query faced by the Employee at workplace.
Dave also have the right to demand for changes in policies in situation it is resulting into
discrimination among workers or customer within in an enterprise.
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Contract law – this law has direct effect on the relationship between the parties in contract. The
contract legislation has great impact on organisation (Trevino and Nelson, 2016). It helps an
enterprise in increasing the certainty of business relations. The legislation related to contract has
developed certain principle which are required to be followed by both the parties. As failing to
follow the term s as well as conditions in contract can lead to obligation. This factor can have
adverse effect on the brand name or reputation of firm.
Buyers Rights in the Given case Scenario
In given case scenario, According to the consumer law 2017, Bob has the right to demand
for the losses that has been suffered by him due to later delivery of product or services. Bob also
has the right to cancel the order. But cancelling the order can have adverse impact on the
relationship between parties. Bob can also demand for refund of payment which has paid in
advance for purchasing product or services (Jones, 2017) Consumer law has direct effect the
consumer policies developed by manager in an organisation. It has great effect on the quality of
goods or services that is manufactured or delivered by firm.
P4 Legal solutions to the problems faced by the companies
It has been identified from the case scenario, that defaulter party that is Akbar has not
able to complete his work due to illness. As per the contract act, it is essential for both the parties
to fulfil their roles and responsibilities according to the terms as well as condition in the contract.
If in case, any of the party fails to comply with terms in contract, then in such situation, contract
or agreement becomes null or void. As per the terms in the contract, Rizvi LTD should pay the
amount to Akbar for the portion of the work done by him (Lieberman And et. al., 2016). As this
will help both the parties in maintaining professional relationship. But Rizvi LTD has the choice
for not to pay high amount of rate which they have agreed to pay on completion of the work.
This option has been available with Rizvi LTD as the project was partially completed by Akhbar.
As per the case study, we have identified that Akbar Abdi is one of the person who has been
fallen down in order to completion of their all activities according to the contact in the industry
in relevant form. Abs negotiated a special contract with the company to get pain on final
completion of the contract in effective manner. Dean Rizvi Ltd need to this program in very
critical condition, as they need to create a computer program in order t increase the business
growth rate in the market at effective rate. They have some areas by which effective decision can
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be made. According to lefal system of the country, Akbar Abdi should have completed contract
according to its mentioned policies but due to sickness, he can not fulfilment of requirement of
the company in given time period in efficient form (Mann and Roberts, 2011). John white started
working on this project but he could not have completed his work because of illness so according
to legal provision on this situation, the beach of contract is enforcing by low in this situation and
according to the company law of the country, the organisation need to fulfilment their
requirement of the company according to legal system of the company in efficient form.
According to company' law, Akbar need to give all relevant compensation to company
effectively as the company owner need to make use of this computer program in order to sustain
in the market in more relevant form. The company can claim on Akbar in terms of not
completion of their obligation, an appropriate amount of money requires giving to the company
in form of compensation.
Positive and negative impact of legal solution to business problem:
Varied of positive and negative legal impact has been occurred in this transition, as the
company needs to this program which is needed to be made in the company in relevant form.
According to legal solution Akbar is required to five proper compensation according to legal
prescription and the company laws says that, the Akbar needed to give all relevant money to the
company (Siedel and Haapio, 2010).
P.5. Provide justifications for the use of appropriate legal solutions
Appropriate justification on give case: According to the company law in the company
they needed to make use of legal system in order to overcome from these issues in the business
environment in efficient manner. A breach of contact is enforces in this given case in the case
study. As Akbar has been failed to perform their task according to the given contact in the case.
They are needed to make use of some areas by which they need to give some areas by which
efficient development can be generated in more relevant form (Picciotto and Mayne, eds., 2016).
According to the company law of the country, a breach of contact has been occurred when a
party are not able to complete their works on the same times in effective manner. In case of
Akbar, he has been failed to perform his task in the business environment in effective manner.
He has been secured a contact with Dean Rizvi Ltd. Company, as per contact., he needed to
create compute program in DVD format and negotiated the special contact with the company in
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order to get paid to Akbar higher rate in case of completion of their works in the company in
relevant form. As per the company law of the country, the Akbar did not perform his task
according to contact policy, the company wants to increase their sales in the market by
furnishing specific types of computer program to the company in relevant form. As per the
company law, the company can make claim on Akbar to fulfilment of their losses in the industry
and demand for some amount of money to them in relevant form.
P.6. Recommend legal solution based upon a different country's legal system and different
framework
There are several kinds of legal solutions enforcing on this particular situation in the
country, varied of contact law presented here in different-different country and in this specific
situation. They are needed to make use of some areas by which efficient development can be
generated in more relevant form (Robson, 2010). In case of this situation, there are two kind of
legal solution recommended effectively which is, arbitration and mediation.
As per UK legal system:
Arbitration: According to arbitration process in the company., they are needed to make
use of arbitrator between them in order to make an appropriate decision towards solving this kind
of particular situation in the company in more effective form. According to arbitration act 1996,
they are needed to resolve their issues in the company in more relevant form so that effective
development can be generated in efficient form. ADD fashion Ltd. Needs to make use of
arbitration contact act in respect to resolution of their issues in relevant manner. ADD fashion
Ltd. Has been failed to deliver garments in such situation, both parties can use arbitrator to listen
their issues in current situation and make suggestion about some appropriate ways to issues cab
be resolved effectively.
As per Italy legal system:
Mediation: Our Italian Desk offers legal services to companies and individuals doing
business in Italy as well as those seeking to do business in the UK. Our specialised Anglo Italian
team has been providing legal support and advice to both commercial and private clients since
2005, when the Italian law desk was created in London to offer Italian advice to US and English
clients investing in Italy. According to mediation act of the company, As per the given case, in
this situation they are needed to make use of mediation act in order to effectively resolving their
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disputes in more relevant form. ADD fashion Ltd. Company needed to implementation of
Mediation act, in such act, a mediator is presented here and listen each parties issues effectively
(Scholes, 2015). After than furnish appropriate suggestion by examining of each particular
situation in more relevant way. Mediator will make final decision on this particular situation
efficiently.
CONCLUSION
From the above analysis. It is concluded that, As per all given case in scenario, varied of
different source of laws presented here which must be followed by the organisations in order to
complex with them in effective form. Moreover, it is also concluded that, this study explain the
role of the government in specific manner and there are some laws which must be applied in the
justice court effectively. This assignment also furnish appropriate suggestions on some of given
business problems which must be considered by the organisations in order to appropriately
resolutions of their issues in more relevant form.
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REFERENCES
Books and Journal:
Allen, W. T., 2017. Our schizophrenic conception of the business corporation. In Corporate
Governance. pp. 79-99. Gower.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Halbert, T. and Ingulli, E., 2011. Law and ethics in the business environment. Cengage Learning.
Hopkins, B. R., 2011. The law of tax-exempt organizations. Vol. 5. John Wiley & Sons.
Jensen, M. C. and Murphy, K. J., 2010. CEO incentives—It's not how much you pay, but how.
Journal of Applied Corporate Finance. 22. 1. pp. 64-76.
Jones, L., 2017. Introduction to business law. Oxford University Press.
Lieberman, J. And et. al., 2016. Business law and the legal environment.
Mann, R. A. and Roberts, B. S., 2011. Smith and Roberson’s business law. Cengage Learning.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
Robson, R. A., 2010. Crime and punishment: rehabilitating retribution as a justification for
organizational criminal liability. American Business Law Journal. 47.1. pp. 109-144.
Scholes, M. S., 2015. Taxes and business strategy. Prentice Hall.
Siedel, G. J. and Haapio, H., 2010. Using proactive law for competitive advantage. American
Business Law Journal. 47. 4. pp. 641-686.
Trevino, L. K. and Nelson, K. A., 2016. Managing business ethics: Straight talk about how to do
it right. John Wiley & Sons.
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