Business and Company law- Assignment sample
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Added on 2021-01-02
Business and Company law- Assignment sample
Added on 2021-01-02
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Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P1. Various sources of law..........................................................................................................1P2. Role of government in law making.......................................................................................2M1...............................................................................................................................................3D1................................................................................................................................................3TASK 2............................................................................................................................................3P3. Impact of employment and contract laws on business..........................................................3M2...............................................................................................................................................4TASK 3............................................................................................................................................5P4 Solution to the business problem...........................................................................................5D2................................................................................................................................................5P5 Justification of Legal Advice.................................................................................................5M3...............................................................................................................................................6TASK 4............................................................................................................................................6P6 Recommend solutions based on legal system........................................................................6M4...............................................................................................................................................7CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................92
INTRODUCTIONBusiness laws are the significant and obligatory statutes in order to perform a business ina state. It is basically comprise of Laws of Contract, Sale of Goods, Employment Laws,Companies Law etc. These laws are mandatory to fictionalize a business. An organisation has towork in the ambit of these laws. Moreover it provides a guideline to a newly setup organisationfor functioning in the market. In the given scenario Country Pine is an emerging furniture soletrader. They want to expand their business and convert themselves into a Limited Company butthey lack the knowledge of such incorporation. So they are looking for legal and business advicefrom Business Future. Business Future is a consultancy organisation, providing help to start-upsand organisation who wants to expand their business. There are various problems that CountryPine is facing such as the expansion, appointment of workers and dispute with the supplier oftimber from Poland. So they are consulting with Business Future about such problems. Moreoverthis report deals with the sources of laws in United Kingdom and how laws are made, in order toprovide Country Pine a better view of understanding the laws of incorporation of a company.TASK 1P1. Various sources of lawLaws are made to control the society, but the formation of laws are related to theCustoms and Usages that a society is following. It is actually a collected form of duties andliabilities in the form of statutes. Generally, there are two types of sources, Primary andSecondary sources. A primary source is comprise of statues, customs and usages, codified lawsetc. Secondary sources are mainly comprise of Courts judgements and precedents. In the UnitedKingdom, there are three sources of laws, the European laws, legislature and the Courts. (Pepperv Hart (1993, HL) The European laws includes treaties, directives, regulations and decision. Treaties are themain source of business laws. The main purpose of treaties was to bind two states into anobligation to perform duties mentioned in it. European Union acts an executive to theadministration. These laws came into force in 1973. EU was formed under the EuropeanCommunities Act 1972. The laws are implemented by the European Commission, it acts as animplementing entity to the administration. (Alix & Adams)1
Similarly, statues that withhold the business laws are controlled by this commission. Inorder to start an organisation it is essential; to comply with these laws. But before that it isevident to have a knowledge on which sector the company is going to perform their business.There are two types of sector, public and private. Public sectors are controlled by states unlikeprivate one, these are administered by individual body. Apart from the sectors it is also necessaryto get the organisation incorporated under Companies Act 2006. There are three types ofliabilities in a company, limited, unlimited and limited liability partnerships. In an unlimitedliability, the profits and debts are earned by an individual but in limited the liabilities are limited.(Fisher v Bell (1961) Country Pine is going to expand there business for that they have to register theircompany under the Companies Act 2006 by the Registrar of the company. According to theprovisions of the Act it is mandatory to form a Memorandum of Association, comprise of a detailinformation of how much capital is invested in the company and details about its shareholders.Also to manage the work in the the organisation an Article of Association should be made, it iscomprise of the appointment of Directors, their liabilities and duties also of their employees.After all these documentation, it is presented before the registrar for the allocation of acertificate.(Adler v George (1964) It is essential for Country Pine to abide by the laws of business in order to performmarketing with investors and consumers. Moreover, it is an obligation over the organisation tocomply with the statutes that are enforced by the states upon its people.P2. Role of government in law makingA government is made up of three bodies the legislature, executive and the judiciary. Thepurpose of legislature is to form the laws and that are passed through the parliament as an Act.An Act is formed by passing a bill in the parliament. European Commission is the executivebody in UK, laws that legislature passes are implemented by EC. In United Kingdom there ishierarchy of Monarch, that is nothing is above the Royal Assent. Laws are formed by the processof producing a Bill in the legislature.(Smith v Hughes (1960) Bills are of three kinds, Private, Public and Hybrid Bills, A private bill is such which isbinding on an individual that is it affects the interest of individuals where as in a public bill theinterest of public are influenced. A hybrid bill is an amalgam of both, private and public, it is apublic bill which affects the interest of an individual. A bill is proposed in the legislature in its2
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