Legal Studies and Research Methodology

The provided document is an extensive collection of academic papers and resources on the topic of legal studies and research methodology. It includes references to specific books, journals, and online materials related to English legal structure, alternative dispute resolution methods, and sources of UK law. The assignment also covers topics such as contract law, employment law, and international law.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of English legal system and discuss the different sources of laws.........................1
P2 explaining the role of government in law making.................................................................3
SECTION 2......................................................................................................................................4
P3 (a) Legal obligations and their impacts on business practises. .............................................4
(B) Impact of employment and contract law in an organisation practices. ................................6
SECTION 3......................................................................................................................................7
P4 Legal Solutions and described the cases................................................................................7
P5 Justification of solution..........................................................................................................8
SECTION 4......................................................................................................................................9
(a) Concept and benefits of using alternatives resolution process..............................................9
(b) Recommendations. .............................................................................................................10
CONCLUSION..............................................................................................................................10
REFERENCES .............................................................................................................................12

INTRODUCTION
Business law is the body of law which governs business functions and it is often
considered to be branch of civil law which resolves the issues of private or public law. It is also
known as commercial law which regulates corporate contracts, manufacturing process, consumer
goods, manufacturer and hiring practices. Business law is very necessary to maintain the
company image and stability of the business growth. It helps to give indication to the business to
adopt fair practices with the customers and stakeholders of the company. Statutory legislations
also help to minimise the issues in the organisation. Present report is based on the ways business
law affects the business practices and how company will resolve their all issues in the business.
Further, it will explain about the English legal system and their different types of sources.
Moreover, it will discuss about the several issues and problems faced by the company; along
with that solution will also discuss overcoming from that particular issues.
SECTION 1
P1 Structure of English legal system and discuss the different sources of laws.
English is the kind of commercial law that has been made for minimising the unfair
practises and crimes (Center, 2016). It may give guidance and rules to adopt fair practices with
the people. Along with that, it is far different from Formal codification. According to the English
law system, one judge looks upon the issues and analyses the present issues of the company and
gives final decision on the basis of present evidence. This English system law is being spread in
many nations like Canada, USA, Australia etc.
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English legal structure contains set of hierarchy structure in which Supreme Court is the
only body whose decision has to be agreed by all courts below it. Till the date of 1966, all courts
were mandatory to follow the decision of higher authorities or jurisdiction. On the other side,
supreme court is the lord of house (Dau-Schmidt, Finkin and Covington, 2016). Supreme court
has issue 1 WLR 1234 practice statement. Afterwards, some important changes have been made
in this English legal system. On the basis of ss. 2 and 3 of European communities act 1972, the
Supreme Court is the powerful body which takes all senior decision. English law is mandatory
to follow the laws. Part from that to handle the cases of criminals. Along with that in this kind of
court tribunal sit with jury members. Further, civil law will take cases which are related to the
disputes between individuals. English law has been divided into two parts: criminal and civil. As
per the criminal section, crown court and magistrate court will come under. In the case of civil
law, several courts will be considered such as High court of justice, country tribunal. There are
some sources of law which is mandatory for the company to be followed.
Sources of law
Company should adopt all these sources of law through which they can protect their
business practices. It also helps to protect company environment through uncertainties. If
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Illustration 1: English Legal structure
Source: (English legal materials.2016)

company fails to adopt these sources, they may face many issues and challenges (Farhang,
Kastellec and Wawro, 2015). European Union Law: It is the law which is made for the EU law. This law considers the
issues of business activities such as, contract law, employment law etc. company law is
the part of EU law it is all about the company activities, which is necessary to adopt by
the company. This law also helps to run business in smooth manner. Further, employment
law is related to the employer and employee issues, apart from that contract law is related
to the business and government. Contract is the process in which two parties agree with
the same topic, without having individual concern contract cannot be made. In this case,
company needs to adopt some laws to protect the uncertainties. Apart from that,
employment law defines the relationship between employer and employee. These laws
explain that employer has responsibility to treat every employee in same manner and give
them the best working environment. Jurisprudence: It is another source of law. This source contributed in development of
laws. It relates with the divine rights, human rights, civil rights and legal customs or
common law (Gallagher and et.al, 2015). This law is very important where there is a state
religion. Statutory law: It is the most vital law which is regulated by the United Kingdom of
parliament. This law contains the regulations related to the health and safety, contract,
insurance at the time of 17th century it has the common source of law reform.
 Common Law: It is another source of law which is known as common law. This law is
based on customs' usage of English people.
P2 explaining the role of government in law making.
Government plays a very important role in making laws and regulations. Government
bodies always support the people and make sure that any fraud entity will not harm the society in
any sense. It is considered as the most important part of the economy. In making of laws and
code of conduct, government considers many factors (Horn, 2016). The main aim of government
is to protect the interest of individuals and employees against some malpractices or functions of
companies. System of rules has been changed on the basis of changes in the legislations. To
make their function smooth and without any disturbance, company needs to adopt all those
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legislations and code of conduct to protect their business from government actions. There are
many legislation(s) have been made from which company make their environment healthy and
safe. In UK, any law which is made by the government should have accepted by the companies,
Before making the law, authorities analyse and check the consequences and effects of that
particular law (Knapp, Crystal and Prince, 2016). After analysing the process, final decision is
taken by the government authorities. It authorities will plan to issue any bill or amendments they
have to arrange debate and submit their documents to the legislative parties. This process of
making bills through various processes like meetings committees to final stage. These all laws
must be passes through various authorities and then decided by the main body. Without having
the concern of government bodies, no one can change or amend any legislation laws.
SECTION 2
P3 (a) Legal obligations and their impacts on business practises.
Employer's Legal Obligations
Employer legal obligations are related to the employees in the organisation. Employees
are the most essential and productive source of production in the company. Employer must make
sure about the comfort level of employees and their essential requirements. It is very important
for the company to adopt fair laws and practises to handle the employees' behaviour (Kötz,
2017). To protect the interest of employees, government has made many laws and code of
conduct which is necessary for the company to be followed. There are some obligations of
employees which is vital for the company to full fill.
(i)Occupational health & Safety
It is the first foremost obligation of employees, every employee concern about
their health and safety. Law of UK is very strictly about this matter, as per the law. It is the major
and foremost responsibility of organisation to adopt safe environment for their employees.
Individual has to make proper arrangements and make sure about workplace safety is very
important otherwise it might be affected by the company environment and growth. It during the
working hours, if any employee get hurt and injured, in that case company is liable to pay all
medical expenses of the employee (Lareau and et.al, 2016). Company is liable to pay all
administrative fines under the law of criminal sections. Company is responsible to make sure
that, its working place must be safe and protected. On the other side organisation must be remove
all harmful substance that may could arise any loss, As per the law of article 4 it is said that
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owner of the company has responsible to make proper safety arrangements in the workplace. It is
important for the company to create smooth and safe functioning in the workplace. This fair
practises helps employees to work in more productive ways and try to give profitable output
towards the company growth. Apart from that employer is also responsible to make aware to
employees about the danger places in the company, so that they have the knowledge of their
places (Maitland, 2016.).
Employer must discuss with the employees on the topic of health and safety, also they
organise some health and safety sessions with some popular consultant. It makes employees
happy and secure. This increases the faith and loyalty between employees which helps them into
the work. There are some obligations of employer in workplace.
 Employer must guide their employees about the safety and health issues.
 Employer has to assist their employees about the risk prevention agencies through which
they get knowledge about all these. Employer must liable to provide instructions and guidance about uncertainties happens in
the organisation.
(ii)Workers Compensation
It is the second obligation of employees is compensation. It is the another big topic or
issue which is full fill by the organisation. Organisation is liable to pay compensation benefits to
the employees (Marshall, 2017). Compensation is the kind of support which is given by the
employer to the employee. Employer is liable to provide insurance facilities to their workers. It
makes healthy and safe environment, which is very important for the smooth functioning of
organisation. Along with that, company also liable to provide some cash or medical benefits in
case of emergency. Organisation deal with the insurance agencies through which they provide
the insurance facility to the employees. This increases the employee loyalty faith and long-term
relationship with the company. Employees compensation policy must be very effective and
attractive for the company growth. Apart from that company needs to protect the safety needs of
employees. Premium paid by employer for the insurance safety must be deducted from
employees salary. There are several medical policies which helps company to cover the
employee safety and also protect the company against uncertain risk. If any employee get injured
in the work place, it is the responsibility of company to pay all compensation amount to the
employee (McKendrick, 2014).
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(iii) Harassment
Harassment is the biggest crime in the eye of law, UK of government is very strict against this
act. It is completely illegal, due to having this practises organisation may face heavy
consequences for the same. It is the big offense in the company. Company must be very strict
and aware about the happening in the company environment. Government made several
legislations against the harassment, there are some obligations of employer by the harassment
policy.
 It is the responsibility of employer to make aware to employees about harassment policy
and also guide them about the rules and regulations. Organisation shall also provide some
handbooks and books of rules and regulations to minimize the uncertain risk. Organisation also arrange some effective training program regarding the knowledge of
harassment to the employees and then explain the policy to the employees in effective
manner (Meyer, 2014). It helps to make people knowledgable, so that they know its
consequences and effects.
(iv)Equal Opportunities
Employer should treat every employee in same manner without any discrimination on the
basis of caste, race, age, gender etc. it is very important for the organisation image in front of
their employees. As per the act 2010 of equality act. Company has to provide equal opportunities
and growth to the employees as per the employee productivity. There are some obligations of
employer in relates of Equal opportunities.
 Employer needs to treat every employees into same manner. It increases motivation and
confidence level among employees. It shouldn't be based on caste, religion, race and age
factor. Each employee should get equal opportunity growth in the company (Parkes and
et.al, 2015). Apart from that company liable to give promotion benefits to the employees
who is deserving and productive towards the company growth.
 Employer is liable to pay salary and wages as per the employee skills and work rather
than its age, religion etc.
(B) Impact of employment and contract law in an organisation practices.
UK government has made many laws and rules and regulations regarding contract and
employment law. It is very necessary for the company to adopt these laws to smooth functioning
of the organisation (Poole, 2016). It also helps to make proper environment in the business
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practices. Like below 18 years of age company should not hire any employee. It becomes serious
matter if company does anything regarding this. It is totally illegal and unsafe for the company.
The person who are below 18 years age is comes under minor category. As per the given case
employer hire a girl who was 16 years old. As per the scenario she got burned due to improper
safety precautions. It was totally against the law because company hired below age employee.
Health and safety need is the most important need for the person and for company as well.
According to the workplace act 1974, it defines that it is the major concern for employer to
protect the life of employee during the working hours. To prevent environment from hazards risk
(Rodin and Perišin, 2015). However, in the case of 16 years old girl, she got slipped on water due
to leakage in ice cream machine. Due to which they got her hand into the deep fryer, then she
burned badly. It shows that employer of the company is not fulfilling their obligation. In that
particular case company is liable to pay her all medical bills and give compensation as well. Due
to breach of contract government also make strict action against that company. As per the case it
explains that fast food was facing the issue of shortage of employees due to which team leader
was always engaged in some other activities and fails to monitor the things. But team leader was
not performing his task perfectly. On the basis of government law employer is liable to pay all
compensation or medical, health treatment, medical expenses facility to injured girl.
SECTION 3
P4 Legal Solutions and described the cases
Case 1:
As per the case Calvin is an employee who working in fashion house as a designer. He is
working in the organisation since four years. Employer finds some different behaviour of Calvin
has checked the cash box (Sharma, 2015). And they also find that there was £100 is missing. On
the basis of case scenario without having the proof employer have no rights to dismiss the
employee. It is totally a very bad attitude towards the employee. It gives high risk if employer
adopt this practises with the employees. In case of any miss practises, Calvin has right to sue the
company for unfair dismissal from the employment. As per the employment law, employee has
right to prove itself right. Apart from that before dismissal before one month notice is necessary
by the employer to the employee. Otherwise, it is comes under breach of contract. Owner doesn't
have any proof to blame Calvin that he is the thief. Without having proper evidence company
will not blame any employee in the company. Calvin has full right to claim company in case of
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dismissal. It gives more sufficient source through which employee makes it own protective layer
against unfair practises (Center, 2016).
Case 2:
Kevin's father handle a small convenience store. Due to uncertain accidents of fire, it
destroys the whole shop of the Kevin's. After some time they opened another new shop at
another location and then they claimed for fire insurance. Due to having lack of knowledge of
policy Mr. den filled the wrong information in the form (Meyer, 2014). Due to which insurer
refuse to give claim to Mr. Den as per the contract act 1950 section 26 applies. It is compulsory
for the claimant to give full and clear information to the insurer at the time of investigation if any
hidden information found in that case company will not bound to give any claim to the person.
At time of contract it is compulsory for the person to fill the all information in the form and sign
the document properly. Signature is the proof that claimant knows about all the rules and
regulations of the policy and there is no hidden information on the side of claimant and insurer as
well. In that situation when claimant found any hidden information, in that case he is not liable
to pay any claim to the partyn (Lareau and et.al, 2016).
P5 Justification of solution.
Unfair practises of company is not legal at all in all the activities. Without having any
issue and claim employer is not liable to terminate any employees. It comes under wrong
practises. If any employee facing the issue of immediate termination in the company. He has
right to claim the company. Like as per the case where Calvin works for the organisation from 4
years. This stability shows that individual survive as long in the company. It gives company
image new opportunity and growth. Also, company needs to adopt fair practises and functioning
with the employees. Long stability of the employees also shows his loyalty and commitment
towards the company goals. On the basis of misperception owner of the company terminate the
Calvin from the company which is not good and fair.
If employee is not suitable for the company growth, or maybe they are not that much
loyal with the company. Employer has right to terminate that employee from the company. In
both the cases' justice must be needed by both the parties. But prior notice by the side of
employer to employee must be required (Gallagher and et.al, 2015). Organisation always try to
enhance the image in front of the employees, because employees is the most important factor of
production for the company.
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As per the second case of Dan, that without having proper information Dan is not in the
position to get claim for his shop. So in that case Mr. Dan needs to give all information to
accomplish the full requirement. It helps claimant to get claim at the time of uncertain situation.
Due to miscommunication between the parties contract has not made properly. Overall breach of
contract affect the profit level of the company. So it is very important for the company to adopt
some necessary laws and regulations to make company functioning smoothly.
SECTION 4
(a) Concept and benefits of using alternatives resolution process.
Alternatives disputes have right choice to resolve the all issues of the company. In this
process there are several methods come under this process such as, neutral, evaluation,
collaborative law and mediation etc. like dispute case of Anton and Tyrell is length and tough so
that collaborative and mediation method is beneficial. Alternative solution helps company to
make better solution for the company protection.
Illustration 2: Alternative Dispute Resolution Process
Source: (Alternative Dispute Resolution Methods. 2013)
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Mediation is the best alternative and effective method of communication through which
both the parties make better solution with mutual understandings. In this case third party gives
the solution after listening the facts of two parties. Arbitration is the another alternative solution.
In which arbitrator is the person who solve the issue of both the parties. This method of
alternative solution is very much effective in the situation of commercial or international
transactions.
Benefits of Alternative solutions:
 it is the most effective solution method to resolve the issues as compare to other
grievance methods (Alternative Dispute Resolution Methods. 2013).
 In both the methods' information will not be get disclosed to anyone. It is remained
confidential and secure.
(b) Recommendations.
As per the case Antwon and Tyrell having issues due to unsatisfactory work of each
other. In order to maintain its own work perfectly they need to adopt mediation and arbitration
method to resolve the issues. They also take help from neutral evaluation technique. This method
is very much effective to resolve the issues between two parties. This would help to resolve the
issues of the persons and give better solution level. It also helps to maintain relationship between
the parties (Meyer, 2014).
CONCLUSION
From the above discussion, it was concluded that English law is very much important for
the company to run their business in smooth manner. In that whole process government plays a
very important role in making all laws. Further it was discussed about the several obligations of
employer towards the employee health and safety. That employer should adopt fair practises with
the employees towards the organisation opportunities, it helps to maintain the healthy
environment in the company. Furthermore, it was concluded that there are various alternation
solution to resolve the conflicts between the parties. Such as mediation and arbitration methods.
It helps company to adopt effective solutions and effective working. Along with that company
also liable to pay compensation if any employee got injured during the working hours. Overall
business law is very necessary for all the organisation to accomplish the business goals. If
company fails to adopt fair practises, government take strict action against those fraud
companies.
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REFERENCES
Books and Journals
Center, S. P. L., 2016. Ten days after: Harassment and intimidation in the aftermath of
the election. Southern Poverty Law Center. Southern Poverty Law Center. 29.
Dau-Schmidt, K. G., Finkin, M. and Covington, R., 2016. Legal protection for the
individual employee. West Academic.
Farhang, S., Kastellec, J. P. and Wawro, G. J., 2015. The politics of opinion assignment
and authorship on the US court of appeals: Evidence from sexual harassment cases. The Journal
of Legal Studies. 44(S1). pp.S59-S85.
Gallagher, M., et.al, 2015. China’s 2008 Labor Contract Law: Implementation and
implications for China’s workers. Human Relations. 68(2). pp.197-235.
Horn, A. C., 2016. AM 305 fol (Magnúss Lagabǿtis landslǫg and other law texts): a digital
edition.
Knapp, C. L., Crystal, N.M. and Prince, H.G., 2016. Problems in Contract Law: cases and
materials. Wolters Kluwer Law & Business.
Kötz, H., 2017. European contract law. Oxford University Press.
Lareau, N. P., et.al, 2016. Attorney's Fees and Costs (Vol. 4). Labor and Employment
Law.
Maitland, F. W., 2016. Why the history of English law is not written. Library of
Alexandria.
Marshall, A. M., 2017. Confronting sexual harassment: The law and politics of everyday
life. Routledge.
McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press
(UK).
Meyer, I., 2014. Health & Employment Law-Seventh Circuit Declares No Relief from
Public Employment Discrimination under Title II of the Americans with Disabilities Act-
Brumfield v. City of Chicago, 735 F. 3d 619 (7th Cir. 2013). J. Health & Biomedical L.. 10.
p.519.
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Parkes, R.,et.al, 2015. Gatley on libel and slander. Sweet & Maxwell.
Poole, J., 2016. Textbook on contract law. Oxford University Press.
Rodin, S. and Perišin, T., 2015. Application of International Law as a Litmus Test for the
Application of EU Law in Southeast Europe. In Judicial Application of International Law in
Southeast Europe (pp. 3-8). Springer Berlin Heidelberg.
Sharma, S. K., 2015. Diversity in divorce law of different communities in India and its
effect on status of women a socio legal study.
Online references
English legal materials.2016 [Online] Available through: <(http://law.wisc.libguides.com/c.php?
g=204332&p=3205486)>.
Alternative Dispute Resolution Methods. 2013. [Online]. Available through:
<http://www.mondaq.com/turkey/x/261366/Arbitration+Dispute+Resolution/
Alternative+Dispute+Resolution+Methods>. [Accessed on 27th July 2017].
Sources of UK Law. 2017. [Online]. Available through:
<https://www.soas.ac.uk/library/subjects/law/research/file70249.pdf>. [Accessed on 27th
July 2017].
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