Business Law and its Applications

This assignment delves into the multifaceted realm of business law. It examines fundamental legal principles governing business operations, including contract formation, enforcement, and breach. The assignment also explores administrative regulations, corporate governance structures, and the ethical dimensions of business conduct. Additionally, it analyzes the impact of globalization on legal frameworks and the role of international business law in shaping cross-border transactions.

Business law

Table of Contents
INTRODUCTION...........................................................................................................................1
Section 1...........................................................................................................................................1
P1 Structure of English legal system and various sources of law...............................................1
P2 Role of government in law making and application of statutory and common law..............2
Section 2...........................................................................................................................................3
P3 Legal obligation of employers in relation to:.........................................................................3
(a)................................................................................................................................................3
(b) Impact of employment and contract law on business............................................................4
Section 3...........................................................................................................................................5
P4 Legal solutions to the problem...............................................................................................5
P5 Justification of solutions........................................................................................................6
Section 4...........................................................................................................................................6
P6.................................................................................................................................................6
(a) Benefits of using alternative resolution process....................................................................6
(b) Alternative solutions..............................................................................................................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9

INTRODUCTION
Business law is a combination of various activities that help in ruining business activities
in a smoothly manner. It includes large number of federal and state rules (What Is Business Law?
- Definition & Overview, 2017). It become essential for every enterprise to follow the legal rules
of country or nation in which business activities execute. These legal rules and regulations help
business organisation in avoiding in legal conflicts or situations. It is an responsibility of an
employer to tell provide basic rights of an employee at workplace (Johnson, 2013). Present
report described structure of English legal system and various sources of its information. In
making legal rules and laws government of every country play an important role and provide
various support services. Employers obligations toward the employees working in enterprise is
given under this report. Employment law helps employer in making policies regarding the
employees at workplace. If individuals or organisations are facing situation of conflicts than
rather than going to court they can use various alternation solutions these solution are mentioned
under this essay.
Section 1
P1 Structure of English legal system and various sources of law
English legal system mainly is divided in two parts called civil law and criminal law.
Criminal law related with crimes like murder, an inappropriate action or staling an important
data or knowledge. On the other hand civil law is made to solve the private disputes arise among
two or more than two parties or enterprises (English Legal System Lecture Notes, 2017). Under
the English law supreme court hold the position of apex body, judgement of supreme court is
known as final decision in all countries in which English law exist. In a legal conflict or critical
situation if a person wants the solution than he has to go first magistrates courts and tribunal. The
other level which include in this is country court or crown court these handle the complicated
cases. Supreme court got the higher position of theses courts, having two separate body (Scholes,
2015). One is responsible for solving family issued like chancery and Queen's bench division and
the other one is based on divisional court that is administrative court.
Sources of law
In united kingdom there are mainly four source of law from which the first one is statutes
made by parliament of UK and other developed parliaments. Second one is 'Common law' which
was established be England at the time of standardisation of regulations, centuries ago. Third one
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is known as European union and fourth is case law. Under this parliament makes or decide the
rules related or is known as the main source of developing law. Candidates who are interested
can vote for execution of particular act if they want. If that act got majority of votes that it will
become a law which should be followed by everyone. Common laws has lost their importance
because they are seem as outdated rules and regulations (Robson, 2010). Government end these
type of laws whenever it create a critical problem. United kingdom was eligible to follow all the
rules made by European union as UK was a part of EU. But after the Brexit UK was no long
eligible to do the same. After this some laws or regulations are set by courts to be followed by
everyone for making judgements. Recent English reform focus on remove all the barriers to
make the legal system more effective. Recommendations related with issues like fire arms are
now covered under policy and crime act 2017 and this act got the royal assent.
All these are the main source or laws related with English law stuntmen. Every
organisation having existence in countries in which legal law exist is bound to do activities
according to various acts of this law. For solving the legal problem people of that country have to
follow the set procedure.
P2 Role of government in law making and application of statutory and common law
Government is a major player and play an important role in implementation and
formation of laws as parliament is responsible for develop laws and various act for solving the
social problems. In a country when a big problem rise which affect large number of people of
that country than in this situation government made some rules to check the actions of people
who are creating the trouble. In this situation legal authorities make a plan or proposal and than
sent to cabinet ministers for stop the actions of people who are creating the problem. If cabinet
ministers get agree with the plan than they convert this plan into a bill having all provisions and
sections regarding the issues.
After that bill is presented to government in parliament where various efforts are done by
government to make that bill a 'law'. Number of steps are steps are involved in sending a bill to
the parliament. First reading bill is send to all MPs from government side and after that MPs of
government side make efforts to convince the other MPs to vote in favour of bill (Halbert and
Ingulli, 2011). After that all members of parliament do discussion on the particular bill and try to
solve then queries related with that proposed bill. After this a committee having 20MPs is made
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to do necessary changes in the bill and make it more effective. In third stage voting and debates
is done and than bill is send to Monarch for approval to convert a bill into an act.
Legal or statutory law is a act managed by various legislative bodies. It is prescriptive in
nature and new laws are issued by authority of government. Common law are made decisions of
judges, these decision having wide scope. Legal law is made by government of company with
the help of various legal agencies (Weber, 2010). These laws are made to solve the problems of
public and to deal with complex situations. Courts give their judgements on the basis of theses
act having provision of punishment. Decision of every judge is based or related with law
punishment cannot be given to anyone in absence of any legal law. There is a difference between
common and legal law. Jury can give its judgements on different kind of judgements it is not
necessary to follow the laws or regulations made by government.
Section 2
P3 Legal obligation of employers in relation to:
(a)  Occupational health and safety: According to this act, an employer is responsible to
provide health and risk free conditions to employee at workplace (Cheeseman and
Garvey, 2014). Employer should make sure that safe tools and methods should be used
by employees for doing the work so that accidents can be avoided. Proper training and
education should be given to workers so that safety can be maintained at workplace. Compensation of workers: Employer is responsible to compensate employees in a fair
way. If worker get injured during the working hours than employer has to pay him for his
injury within 24 hours. In case of any violence employer is responsible to provide
accommodation to the worker. Harassment: Employer is responsible to make rules and regulation to stop harassment of
workers. Unfair treatment, discrimination with qualified employee are the examples of
harassment (Kitagawa, 2016). For this feedback of employees should be encouraged so
manager can know about any issues faced by employees at workplace.
 Equal opportunities: It is legal obligation of employer to provide equal opportunities all
employees working at enterprise. Every type of discrimination should be avoided and
same salary should be provided to employees doing the same kind of job. Disable
workers should also treated in the same manner.
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(b) Impact of employment and contract law on business
Employment law is a combination of various laws which describe the responsibility of
employer and employee towards each other. It helps employee in getting fair and minimum wage
by employer and helps in solving critical issues related with worker and solve the problem of
sick pay. In today's business environment discrimination is one of the major problem which is
soled under the equity act of employment legislations (Grundfest, 2010). This act make it clear
that what an employer can ask from employer and job provider and also tells what an employer
can expect from his workers. Act contains or clarifies various things which is very necessary for
a firm to achieve smoothness in its business operations. This law contains all data related with
termination of a worker process of soloing a legal dispute arise at workplace. To solve the issues
of remuneration this legislations cover the various acts including minimum and equal wage. Jobs
under which employee task is very critical or risky need continuous supervision from employer
to avoid accidents and injuries at workplace. This can minimise the number of injuries and
manage arise from that. After happening of an accident at workplace process of whole
organisation get affected negatively first it hamper the image of company in mind of its
customers which will decrease their market share (Kinicki and Kreitner, 2012). So in order to
increase the effectiveness of business operations it is very necessary for every firm to apply these
legislations on workforce activities.
In give case study a girl of 16 year old was working in a food outlet. Her work is to fry
fries at pan, she felt down and her hand goes to the deep fryer which cause injury to left left arm.
During this event team leader of that place was not monitoring the incident he was still doing the
work. The first question which rise in this situation is to giving employment to an 16 year old
girl which is illegal. Management here fails to proper monitoring the activities. In case of proper
monitoring of manger the accident can be avoided. Another at that workplace insufficient
number of staff (Snyder and Deaux, 2012). After the accident proper medical was not provided
to the girl because the absence of employees working there. Girl was unaware about these kind
of accidents so it is responsibility of manager to give information to employees working in a
risky work environment so that accidents can be avoided.
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Section 3
P4 Legal solutions to the problem
Employment act describe method of recruitment of an individual and also states the
process of their retrenchment. Basically there are two type of dismiss from which one is unfair
dismissal or the other one is wrongful dismissal (Foss and Knudsen, 2013). Under wrongful
dismissal a worker is fired by breaking the terms of contract and in unfair dismissal candidate get
intermitted without giving any prior notice. It is very necessary for a firm to give notice to
employee at correct time. Incidents arise at workplace because enterprise fails to make rules and
regulations at workplace which give rise to serious problems at workplace. Employment law said
that notice should be given to workers in right time so they can start searching for new jobs. It is
illegal to fire an employee by giving a single notice, number of warning should be given to him
or her so they can know the areas they lack or they can improve their performance in future.
In case of unfair dismissal employer did not give fair reason to employee for his
termination (Mann and Roberts, 2011). But sometimes the way manager handle the employee's
termination is unfair. In given case study termination of Calvin was wrong and unfair both.
Donna tell him to leave the enterprise without giving any notice before which is unethical. It is a
right of employee to get a notice of retrenchment one at least before one month. Donna fire
Calvin on an unethical basis because no investigation was done about the missing amount. There
were four more employees but only Calvin got blamed due to suspicion. In this case if Calvin go
to the court than it can possible that fashion house has to face troubles due to breach of contract.
In order to solve the problem fashion house can investigate to know the real thief.
In another case dan was a owner of a small store which get destroyed by fire and in time
of filling the form he got confused and fill wrong information in the form. He opened a new store
at another place that was also get destroyed by fire and in this time fire insurance company said
no to fulfil the claim. According to the insurance act it is responsibility of a individual or
organisation to present fair information so that mistakes can be avoided or confusions can be
eliminated form mind of both parties (Crane and Matten, 2016). In this case dan can file a case
against the insurance company as company denied to fulfil the claim. After dan file a case
against insurance company it can be possible that company has to suffer from many problems.
Big loss for the company is its image will be hamper in mind of public. Which will affect their
amount of profits so in order to avoid this situation insurance company should pay the claim
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amount and a letter of apology or inconvenience. If this matter go to court that company's image
will be hamper and its market share will be down.
P5 Justification of solutions
Whether it is an individual or organisation everyone is bound to follow the legal rules.
Both the solutions of the above problem are according to the legal rules or regulations. Solution
of problem is best for both the employer and employee (DiMatteo, 2010). Rather than to go court
it is easy to solve the matter on personal basis. In first situation if Calvin go the court and file a
case against fashion industry than brand and image of fashion house will go down and will
negatively affect on its market share. In order to not to face these kind of situations it is easy or
prefer to fashion house to solve this matter outside the court. If matter goes to the court than both
parties have to pay large amount of fund to lawyer and on other legal formalities. It will become
a time consuming for both the parties so solve matter outside the enterprise will be beneficial for
the parties.
In the second situation or case same advice is given to insurance comp may to solve
matter outside the organisation. If this matter go to the court that it will become a lengthy process
and goodwill of insurance company will also down (Nichols, 2012). Another situation which can
be happen is that both insurance company and fashion house can win the case if they describe the
reason behind their action. But it is not a effective solution as there are very little chance of both
the firms to win the case. So it is easy and effective to solve the problem outside the court.
Section 4
P6
(a) Benefits of using alternative resolution process
Conflicts can take place among individuals and organisations and to solve the problems
organisations can go to court. Cost of fighting case in court is a big burden for all type of
enterprises. Alternative resolution process is a method of solving the conflicts without going to
court. The main reason behind why company don't go the court is first it is very time consuming
and lengthy process of solving the conflicts other is that its is a costly process because parties
have to pay large amount of funds to lawyers and for other legal formalities. Alternative dispute
process include negotiation, mediation, conciliation or arbitration (Posner, 2014). All these
method help both the parties to solve the problems and at the same time provide them an
opportunity to maintain healthy business relations. From these methods arbitration ans
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conciliation are mostly the same. In conciliation a solution is find by keeping both the parties
happy but in the arbitration one party try to get a situation of getting maximum benefit.
Mediators try to ask various question in order to find out the real cause behind the problem
which help in solving the problems and find the better solutions.
Main and biggest advantage of using this approach that it helps in saving cost and time of
both parties involve in the conflict. These help both parties to find solution to the problem at an
minimum cost.
(b) Alternative solutions
In case of Tyrell and Antwon both are facing business problems from number of weeks.
Both are trying to find a solution but fails to do. In current situation both parties wants to
maintain good working relations. Under this situation they can either find a mediator or can go
for arbitration (Bagley, 2010). If they choose a mediator than this will help them in reaching out
to the best possible solution. Mediator will help them in finding the cause behind the problem
and research will done on removing the cause. After that a agreement or will be sign by both the
paties to do as decided.
Under arbitration strategy, arbitrager will help them in finding best solution with
minimum time. The weakness of this method is that arbitrager charge a large amount of fees as
compared to mediator (Spalding, 2011). The main reason of using alternative alternative
solutions is that it helps individuals in getting better solution to their problems in less time with
minimum cost. This help firms in solving the problem or issue confidentially.
CONCLUSION
From the above data included in the report it can be concluded that laws and regulations
related with business activities help employer in solving critical issues of business. These laws
help in achieving smoothness in performing business activities. In a complex situation parties or
organisations involve in conflicts can use various alternative solutions rather then go the court.
Alternative solutions save the cost of both parties and is a time effective approach. English legal
system is a complicated one including large number of judgements. An employer is legally
bound to comply with all legislation of employment law to provide equal and fair opportunities
to employees. Enterprises can use alternative solution to problems otherwise they have to face
the legal conflict. Effective and proper number of warning should be given by employer to
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employee before terminating his services. By applying or doing work according to the set legal
laws and regulations any enterprise can run effectively and can achieve its business objectives.
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Online
English Legal System Lecture Notes. .2017. [Online]. Available
through:<https://www.lawteacher.net/lecture-notes/english-legal-system/>. [Accessed
on 8th July 2017].
What Is Business Law? - Definition & Overview. 2017. [Online]. Available
through:<http://study.com/academy/lesson/what-is-business-law-definition-
overview.html>. [Accessed on 8th July 2017].
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