Business Legislation: Impact, Organization, and Management

This document discusses the different ways laws are brought out in the English legal system, the function of the government in legislation, and the impact of different laws on businesses. It also explores different types of business organizations and how they are managed and funded. Additionally, it provides recommendations for resolving issues through Alternative Dispute Resolution (ADR).

BUSINESS
LEGISLATION

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
P1 Different ways to bring out the laws......................................................................................3
P2 function of different govt. in English legislation and application of Statutory and common
law...............................................................................................................................................4
P3 Different laws impact on business.........................................................................................5
P4 Different kind of Business organization................................................................................6
P5 Way organization are managed and funded...........................................................................7
P6 Recommendation in term of solution of issue with ADR ...................................................7
CONCLUSION................................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
Business legislation is body of legislation in the UK which used to governs
the organization and reckon as a branch of the civil legislation. The report
highlights the variant source of legislation and function of the government in the
same. After that report explain impact of different laws on business. After that
report explain variant form of business and funding option. In the end explain the
recommendation of the legal cases.
MAIN BODY
P1 Different ways to bring out the laws
There are variety of variant source of the legislation in the English legal system. Someare as
follows:
 Customs: This are the legislations which are there from the ancient time itself.
According to this legislation the rights of variant kings are generally designed and
implemented according to the variant matters (Business legislation and Regulation,
2019). Generally this kind of the source is generally depended upon the public, behaviour
of public and variant kind of addicted habits. This kind of the legislation are generally
originated from the changes which eventually provide support in forming variant custom
legislations.
 Common legislation: This source of legislation in which variant legislation are
generally formed looking at the decision of any other previous case which was similar to
the same in the court. As if the judge used to come across any of the case which is similar
to any other case which was filled in the past, then judge can give the same decision as
per the decision of past cases (Bouch and et.al., 2018). Such a legal rules and regulations
are benched with view point of Queens and such decision are followed by the courts.
Also there is the legislation that all the decision which are taken by the supreme court has
to be carried on by other.
 European legislation: From the year 1973 European Community in the nation is having
the authority of having a source of legislation. This are the legislations which is examines
and operated within European Union and the Community. This kind of the legislation

used to deal with all the variant kind of economical, social factors in the organization.
(Westermann-Behaylo, 2018). As any of the issue if arises, this factor then judgement is
made under the European legislation. Generally decision are made in the European court
on the basis of the crime which is committed in the organization. Also, it is the
responsibility of variant judge and legislation to pass on judgement by looking at variant
rules.
 Act of parliament: They are another source of the legislation making, as parliament is
having a right to amend the legislation or make any other new legislation in the market.
variant act of the parliament is also called as statutory legislation which is passed in the
state.(Lowe and et.al., 2016). This help the individual in trusting the legislation and
behave accordingly in nation.
P2 function of different govt. in English legislation and application of Statutory and common law
function of government in making legislation:
In the English legislation all the legislation are made by the parliament process but the
main process is stated from the ruling government who have seen the public whom are suffering
from variety of the variant issues. Party used to select the issue and on the basis of the same
drafts the variant legislation with government authority. Cabinet minister used to approve the
same in parliament. After that proposal or bill is presented in either of the house and bill is
introduced in which tittle of the bill is read and define what is the bill all about.
After that bill goes on for second reading in which principle of bill is read and vote is
generally taken to whether pass or not the bill. After approval, bill in the third stage goes to
committee where committee discuss. After that bill go back to house member where all the
changes are reckon and thirsd reading starts (Hedley, 2017). After that votes are taken on
modified billed. Then same steps are followed in the next house as well. Any changes make in
this house are reckon and approval are taken and monarch used to provide the final approval.
Statutory legislation: This kind of statutory legislations are made in the UK by
following a simple procedure and this legislation used to have a applicability over the nation.
This legislation are need to be interpreted by variant legislations with the aids such as long titles,
and others (Kraakman, 2017). No legislator has the power to dispute over legislation and does
not consider power of judge over application.

Common legislation: This are the legislation which are generally applied upon the
bidding effect over the court through judicial precent. As higher court has to refer the decision of
the lower court if subject of the case is at the same line of course. It is not compulsory for the
organization as judges can rule out looking the previous decision if they think that previous
decision generally lacks in terms of the proof related to the case.(Bayern and et.al., 2017).
P3 Different laws impact on business.
There are variety of variant kind of impact which has to be seen by the business due to
Company, employment and contract legislation.
Company legislation: Company legislation used to includes the various kind of rules and
regulation which may impact on the business. Taxation rate is on aspect of company legislation
which used to impact the operation of the business in the long run. As government of variant
level used to fix the variant tax rate, all the business has to pay the same amount of the tax
amount from their revenue (Yeoh, 2016). All the company used to has variant sort of the norms
and services to be offered. Any change in the norms of business used to bring the change in the
taxation policy which used to impact the business.
Employment legislation: It is kind of the legislation which is generally incorporated to
provide the amount of the safety to all the employee in context of safeguarding their rights at the
workplace. This is the legislation which used to summarized or tighten up the relationship
between the employee and employer. Under this legislation if employer are not providing good
working place than they are charged. At the same time if employee are not performing ethically
they are charged for under the legislation (Lee, 2017). Bringing this sort of strictness in the
organization create the situation where it get difficult to retain the employee in the organization
for longer period.
Contract legislation: Contract is generally regarded as a document which generally
comes when there is exchange of any sort of the services or the goods in return of any sort of
money of interest. Any illegal contract made by the interested party in the organization used to
impact the business as it used to shaken up the image of the company in front of the market or
other interested parties (Tilba, 2017). Contracts are generally made with the sole motive of
extending their business in the market.

For Example: In the case of Pimilico Plumber Vs Smith Case, Mr Smith suffers the heart
attack and he is paralysed. After a period of rest Mr Smith demand to minimize the working time
so that Mr smith can work with the firm but the firm denied and terminated Mr Smith. In return
Mr Smith filed a case. As per the legislation rule of lords do not allowed committing same. This
will create the uncertainty among the employee about the future of them in the company.
P4 Different kind of Business organization
There are variety of the variant kind of legal business organization can be formed. Some of the
kind are as follows:
Sole Proprietorship: It is kind of the firm organization in which all the responsibility of
the business is generally carried out by the single individual itself in the organization.
Organization owner need to have a permission to incorporate the working of the business. These
kind of business organization used to has higher amount of the risk, at the same time it is very
beneficial to have the sole proprietorship as there is no sharing of the profit in it. In the case of
setting up the Agricultural Experimental centre these sort of the business will not be that
beneficial as sole proprietorship is much better for small scale business as compare to wider
scale operation.
Partnership: In this form of the business there are more than two person who used to
form a business. Every partner is generally liable for the business activity which is perform in the
market. Generally all the partner has to sign the partnership deed which used to define all the
condition of partnership. Advantage of these form of the business is that liability and capital
contribution is generally shared by all the partner. At the same time disadvantage is that profit is
also shared in this form. This is the best business form which can be used by the company to
incorporate Agricultural Experimental Centre as it will help the business in getting better support
whenever required at the time of performing variant activity.
Limited Liability Company: Company limited is the group of the people who generally
used to come together to form the business organization in which companies internal matters are
reckon under Company Act 2006. This kind of the firm is generally formed on the basis of the
MOA and AOA of the business (Jones and Sufrin, 2016). The profit of the company is shared as
per the share owned of the company. At the same time there is no room for the innovation in the

organization. This form of the business is not that good for the Agriculture Experimental centre
to be incorporate.
P5 Way organization are managed and funded
Sole Proprietorship: is generally managed by the single individual or couple of the
persons to continue the business. Individual in the Sole Proprietorship can enter into the business
by their own or can used variant name into the market. Sole proprietorship generally used to
operate at the small level so it is managed by the single individual only (Ahammad and et.al.,
2015). Looking at the funding of the business it has been identified that owners fund or loan
from the bank are two commonly used to funding option to fund the sole proprietorship form of
the business. Also budding investor are angel investor are the one who also used to provide the
fund to run the sole proprietorship kind of organization.
Partnership: These form of the business is generally controlled by all the individual who
are the partner working in the organization. All the partner in the organization used to has a
unlimited liability. All the partner used to has there variant responsibility and all the partner used
to work accordingly in firm. Funding of this kind of the firm organizational form is brought by
all the partner involved in the business. Also, partners can borrow the funding from the bank in
the name of the business. Banks generally used to provide the loans to the partnership firm very
easily as compare to the other form of the business in the market.
Limited liability company: In case of the LLC form of the business, all the losses and
profits of the business is generally managed by the owner of the LLC in the long run. Investors
and member are generally not liable for companies liabilities. Generally funding of all the
business form of the business is raised through issuing the share of the LLC at the marketplace
and the liability of the companies debt is very much minimized to the amount of the share
possessed by the shareholder of the company.
P6 Recommendation in term of solution of issue with ADR
Case 1: Case which is selected is Foley Vs Classique Coaches, Contract states that the
price of the petrol which is decided will not be change with the time. But after some time price of

petrol increased hence the price raised and Foley start suffering the loss. Foley raised the price
and Coaches denied to pay
Legal solution: Arbitrator was appointed, arbitrator after hearing the point of view of both the
arbitrator has taken the decision in both the favour as arbitrator has decided that there was not
that clarity in term of the prices (Effective Dispute Solution Limited, 2018). As a result after
some negotiation the final decision was made and written contract was passed on.
Case 2: Second Case selected is the case of Salomon Vs A Solomon & Co. Ltd is having
a organization of shoe maker, 5 Childern joining the business he decided to transfered the name
into Solomon & co. ltd. £39,000 was paid to purchase the business and their was a deal that
£10,000 debentures and £20,000 in fully paid up share with £1 share each and remaining balance
in cash business insolvent in a year. The asset possess by the company was not enough for the
company to pay off all debt.
Legal Solution: According to company Act, 2006 the company is has pay all debts which is
incurred by the owner and as organization is legal entity they have to liable to follow all the
policy of the government. The verdict of the legislation is that it is duty of the company to settle
all the debt of the business.
Place to have Legal Advice
For taking the advice and solve the variety of the cases Alternative Dispute Resolution
(ADR) it is very important for both the parties to appoint the Arbitrator. Arbitrator is the
individual is appointed by both party manually and they has to follow view point of Arbitrator.
Arbitrator can be appointed when there is no solution of the issue. To appoint the arbitrator for
the project both the company are required to sign the variety of the agreement with the arbitrator
and after that they can not neglect. Arbitrator is the best place to have a legal advice for the
issue.
CONCLUSION
Above completed report concludes the variant source through which
legislation can be made in the organization. After that above it has been
summarized the function of the parliament in constructing variety of the variant
kind of the legislations in the organization. After that the report concludes the

variant form of the business and source of the fund. In the end the report concludes
the Recommendation in term of solution of issue with ADR.

REFERENCES
Books and Journals
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Bayern, S. and et.al., 2017. Company legislation and autonomous systems: a blueprint for
legislationyers, entrepreneurs, and regulators. Hastings Sci. & Tech. LJ. 9. p.135.
Bouch, C.J. and et.al., 2018. Developing alternative business models for smart infrastructure: a
UK case study. Proceedings of the Institution of Civil Engineers-Smart Infrastructure and
Construction. 171(2). pp.77-87.
Coulter, S. and Hancké, B., 2016. A bonfire of the regulations, or business as usual? The UK
labour market and the political economy of Brexit. The Political Quarterly. 87(2). pp.148-
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Davies, P. W., 2016. Current issues in business ethics. Routledge.
Hedley, S., 2017. The legislation of Electronic Commerce and the Internet in the UK and
Ireland. Routledge-Cavendish.
Jones, A. and Sufrin, B., 2016. EU competition legislation: text, cases, and materials. oxford
university Press.
Kraakman, R., 2017. The anatomy of corporate legislation: A comparative and functional
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Lee, J., 2017. Striking a Fair Balance in UK Takeover legislation: Market Interests, Power of
Regulation, and Enforcement. European Business legislation Review. 28(6). pp.829-846.
Lowe, J. and et.al., 2016. Access to Financial Services in the UK.
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Springer.
Rodger, B., 2017. Competition legislation private enforcement in the UK courts: case-legislation
developments 2013-2016. Global Competition Litigation Review.
Tilba, A., 2017. Evolution of UK corporate ownership and control: codification, governance,
transition and context. Routledge.
Tombs, S., 2016. Regulating Business ‘After’the Crisis: some observations from the UK.
Westermann-Behaylo, M., 2018. Andreas Rühmkorf, Corporate Social Responsibility, Private
legislation and Global Supply Chains (Cheltenham, UK: Edward Elgar Publishing, 2015),
288 pp. Business and Human Rights Journal. 3(1). pp.149-151.
Willett, C. and Koutsias, M., 2016. UK Implementation of the Unfair Commercial Practices
Directive. In The European Unfair Commercial Practices Directive. (pp. 33-56).
Routledge.
Yeoh, P., 2016. UK Financial Services Sector’s Future on Leaving the European
Union. Business legislation Review. 37(5). pp.175-180.

Online
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