Business Law

This report delves into the English legal system, exploring its structure, sources of law, and the role of government in lawmaking. It also discusses the impact of law on business organizations, legal solutions to business problems, and recommends alternative legal solutions through ADR. The conclusion highlights the importance of law in protecting rights and resolving disputes.

Business law
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Table of Contents
Introduction......................................................................................................................................4
Section 1 Nature of legal systems...................................................................................................5
Section 2 Impact of the law on business organizations................................................................10
Section 3 Legal solutions to business problems............................................................................13
Section 4 Recommending appropriate legal solutions based upon alternative legal advice........16
Conclusions....................................................................................................................................20
References......................................................................................................................................21
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Introduction
Law are the rules that bind all the people. It helps to safeguard the rights as citizens against
abuses by the people, government. English legal system comprises of civil and criminal division.
It helps to interpret and implement the law. In UK the law administers through the wales and
England. This report is fragmented in to various divisions that includes the different aspects of
English legal system and it is evaluated through the advantages and disadvantages which
comprises of different sources of law and pyramid or law and it also emphasis on the part of
administration in the procedure of law- making and helps to evaluates the system in terms of
developments. This report also evaluates the role of employer’s in different legislations and how
it helps in the different problems of business. It also discusses the solutions which are provided
to the employee in the case of different legislation. Lastly we discuss the various modes of ADR
and compare them with the process of litigation.
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Section 1 Nature of legal systems
P1
Legal systems include the criminal and civil law and it is common law English law system that
administrates the England and Wales. It is a process for deducing and imposing law. The
foremost system consists of diverse types of law such as common law, civil law, religious law.
Structure
Civil division: The justice wales and England split in the province courts, in situation of
complex and significant cases, court. The jurisdiction of civil justice shields the simple and small
claims and involves the hearings in the open court. Adjudicators play an energetic role in dealing
civil cases which helps to safeguard, they continue as rapidly and competently as likely. It
contains the inspiring of parties to collaborate with each other. It also helps the parties to settle
the dispute. It embraces the Court of appeal which perceives the appeal from high court
divisions and tribunals. Queen Bench Division, it contains the criminal and civil authority and
deals with the common law business.High court, chancery partition is a division of the High
court of fairness and deals with the patents claims, trust claims and competition cases etc (Courts
and Tribunals Judiciary, 2018).
Criminal division: Our court system is complex and complicated as it has been developed over
many years. The criminal division of UK includes the magistrates’ court which handles the
summary offences and serious offenses such as minor criminal damage, driving offenses, drugs
offenses. These offenses can be heard in the crown court or magistrate court. There is some case
which can be passed to the crown court from magistrate court such as robbery, murder etc.
Crown court, it deals with the murder and robbery cases and appeals against the court of the
magistrate and these cases passed from the court of magistrate for trials. Youth courts is a special
type of court which deals with the age group of 10-17 years. It deals with the anti-social behavior
and drugs offenses (Gov.UK, 2018).
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Sources
Common law: It is an arrangement which is initiated in England and approved by the USA and
other countries. It describes the rules of law which evolved through the court cases. Juries who
effort in this scheme have more consultant to understand the law and they are assured by the
guide.
Legislation: It includes the House of Commons and House of Lords and created by the
legislature.
European Union law: It is merged into the United Kingdom by the European communities Act
1972. It is considered as binding and valid source of UK. It consists of secondary sources such as
Regulations, Directives, Opinions, and recommendations etc.
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Supreme Court
Civil
Court of Appeal
High Court of Justice
Chancery Court Queen
Bench
County Courts
Family Court
Criminal
Court of Appeal
Crown Court
Magistrate Court

P2
Role of Government: Parliament performs the three major functions, to represent the interest of
citizen and pass the rules and to monitor the activities of administration. They achieve the
statutory function which has the power to alter, accept or discard the laws. There are various
stages in the process of lawmaking; it includes the first reading which describes that the bill is
read by both houses. Second reading, in this the matter of the proposal is debated and discussed.
Committee stage, in this stage the people of House of common scrutinized the draft and changes
are done. Report stage, in these changes, is discussed and voted on. In third Reading, the
discussion was done on the draft whether they accept it and decline it. After discussion, the draft
moves to the House of Lords for further inspection and then referred to the House of Commons.
The final stage is Royal assent, in this bill becomes the Act (Agora, 2018).
Statutory and common law
Common law comes from the judiciary while the statutory law is made by parliament. Case law
is instructive and helps to elucidate the principles of law. Law of statutes is more prescriptive.
Case law operates at the technical level while statute law applies at the practical level. Law of the
statute is passed over the House of Lords and House of Commons. Common law is a natural law
and it is commonly accepted (Quora, 2018).
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M1
Reforms emphasis on efficient use knowledge in the courts. There are other improvements which
help in the involvement in the delivery of justice. There are changes such as:
Efficient use of digital working: The fairness digitization agenda will help to distribute the
effective procedure for the usage of the numeral file in its place of weekly to carry out the
course.
Better use of video technology: This technology is used in day to day working in the criminal
justice process. It reduces the need for civilian and police witness in the court. Officers underway
in giving an indication in trials through an audio-visual link from the police station.
Cybernetic benches: These courts are recognized in some parts to ease the reaches from the
forces to magistrate court. It helps to allow accounts to take place more rapidly and decreases the
want for convicts and documents.
By adopting these factors it helps to bring the effectiveness of the legal system through the
developments.
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D1
Law is an assembly of directions which a specific country identifies as adaptable the activities of
its associates and which it may be imposed by the burden of punishments. The system of law
helps to control and ensure that a public show respect and equality. The UK has three legal
systems; the English law applies in Wales and England, North Ireland Law and laws of Scots.
English legal system is administered by the wales and England which rule on both criminal and
civil matters. This system is not codified rather; it is developed by the judges in the court by
applying the precedent, statute etc. To evaluate the English legal system we view the pros and
cons of the legal system. Pros are it includes the certainty which describes those real situations.
And there will be less reliance on the common law. The legal system is flexible as the
adjudicators progress the common law on a situation according to the needs of the society. Cons
include such as the sheer volume of legal materials which includes the lengthy cases and reports.
It does not provide the legal code because of the piecemeal development (Lawteacher, 2018).
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Section 2 Impact of the law on business organizations
P3
a)
i. Occupational Health and Safety
There are various legislations such as Health and safety at work Act 1974.It spaces a
duty on owners to certify the fitness, welfare, and safety of their workers. It also
requires the hold, safe use, and storage of dangerous substances. Other Legislation is
Management of Health and safety at work regulations 1999, it spaces the duty on
owners to manage and access hazards to their workers (Healthy working Lives,
2014).
Duties:
 Provide a healthy and safe workplace.
 They have to make sure that supervisor and managers are qualified and
responsible for pleasing their workplace health and safety requirements.
 Set-up operative work-related health committees.
 Guarantee that permitted health and safety necessities are met.
ii. Workers compensation
Employee’s compensation happens to reduce the risk of a lawsuit due to work-related
calamities and illness that leads to employees disabilities. When any worker is
battered her claim is trailed by the insurance company, which pays the disability and
medical benefits. Employers are required to buying the assurance for their workers
from an employee’s compensation. There is numerous legislation that is associated
with the worker’s compensation such as Worker’s Compensation and Rehabilitation
Act, 2003. This scheme provides the aids concerning to the damages or losses and
assurance for employers.
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iii. Harassment
The action of methodical and continued unwelcome and irritating actions of group
which includes the strains and threats. It includes numerous legislations such as
Sexual Harassment of women at workplace 2013; this law recommends the
employer to provide the interim measure to the employee. It also permits the female
employees to go for conciliation to settle the matter with an injury. Bullying and
harassment, in the UK, is an unwanted behavior which makes feel offended by unfair
treatment and rumors denying an individual of promotion opportunities (Legal
services India, 2017).
iv. Equal opportunities
It arises from the similar treatment of people, unrestricted by obstacles or favorites.
It describes that there should be no discernment on the basis of race, religion, class
etc. The Equality Act 2010 prohibits discrimination in employment in the education
and training on the grounds of religion, race belief etc. The main objective of this act
is to inspire the documentation and removal of discernment, annoyance and to enable
the realization of parity (Victorian Equal Opportunity & Human Rights Commission,
2011).
b)
The problem relates to the Employment law and facts of the case are in which a minor girl hired
at the food outlet and cooks fries. At the time of working, she glided on water from ice the
appliance and automatically lay her hand to break down her fall. Inopportunely her hand went
into the hot oil at a high temperature of 360 F and continued the Spartan injuries to her hand. The
members were not present at that day on which accident occurs and team leader was also absent
from the workplace. It was asserted that the minor girl should not work at the food outlet, if she
is performing then employers must guide and keep watch on her. The Health and safety at work
Act 1974 applies here, which lays down the duty on employers that they should protect the safety
and health of employees as well as workplace. It is the duty of employers that they should
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maintain the system of work and provide the safe environment without risks. The employer is
under a duty to provide the guidance and training to the employees so that it will be easy for
employees to work at the place of employment. The contract Act also applies here, as according
to the provision of Contract, the minor cannot make contract. In this situation, a 16-year-old girl
is not able to contract in the Employment, it is unlawful.
M2
There are various legislations, regulations that help to direct the proper working of the business
that occurs in the different scenario. There are different legislations such as Workers’
Compensation and Rehabilitation Act 2003 and Sexual Harassment of women at workplace
2013.
Workers’ Compensation and Rehabilitation Act 2003: This scheme establishes the
compensation of Workers’ that provides the benefits related with workplace wounds and Victims
and insurance for employers. There are some instances such as it provides the compensation to
the employees and helps to access the damage at the workplace. The employer is under
obligation to pay the compensation to employees (Queensland Government, 2018).
Sexual Harassment of women at workplace 2013: It protects the women from harassment at
their workplace and also provides the redressal of complaints of sexual harassment and any
matter that is connected with it. It pays to the understanding of their right to gender fairness,
freedom, life and parity in employed conditions.
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Section 3 Legal solutions to business problems
P4
Problem 1
The facts of the problem are in which Calvin is trendy in a fashion house. He is employed in the
fashion house and had worked for last 4 years. The Donna was employed at that firm, he finds
Calvin acting deviously. She checks the box and discovers that £ 100 is lost without knowing the
fact. She dismisses the Calvin without giving him notice. It has been asserted that the wrongful
termination is not fair and realistic; it must be informed by the employee. According to the
section 86 of Employment Rights Act, 1996 which shapes that a sensible notice must be
provided before the expiry of the contract. Section 94 of the Act, stops that manager from
unethically discharging the worker. The owner has to require the motive which was occasioned
in the dismissal of a worker (Net lawman, 2018).In this scenario, if the solution is not available
to the parties, then has right to approach to the tribunal that provides the quick solution and
parties are entitled to receive the compensation.
Problem 2
Facts: Dan holds a small store and that was extinguished by the fire. Dan opens a new store at
the different location. A proposal was made by the company that includes the question ‘Must you
make titles on an assurance rule in the last 2 years, Dan denies.
Solution: This problem is related to the amount of insurance policy. Dan has taken the policy
amount for the first shop and now he wants to insure the other shop so he wants the insurance
policy but the company refuses to pay him as they thought that he had taken the amount of policy
earlier. But Dan has taken for the first shop, not for the second one. So according to the above
facts, Dan has right of insurance amount as he did not have any wrongful intention nor he
disclose any information under the Frauds Act 2006. If parties apply to the legal solution, but in
case the solution is not given by them. In that case, Dan has right to approach the tribunal and he
is entitled to the compensation from the court.
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P5
The above situation deals with the Employment Rights Act, 1996. It protects the interest of
employers and workers and maintains the relationship between them. In the above problem, the
employee is terminated without the notice and reasons. So According to the section 86, the
employer must provide notice to the employee and according to the section 94, the employee
should not be unfairly dismissed. The second problem was related to the amount of insurance
policy, Dan has right of an insurance policy as he did not have any wrongful intention and he did
not hide the information under the frauds Act 2006. There was a case in which the decision was
given regarding the dismissal O’ Kelly vs. Trusthouse Forte Plc.
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M3
In the case of Calvin, if there is termination of the employee then, in that case, it leads to the
negative impacts for employees and in return, Calvin receives the recompense for the wrongful
dismissal it leads to the positive benefit for employees. The notice must be provided to the
employees for the termination of the contract.
In the case of Dan, if the insurance company does not insure the amount of policy it leads
negative impact on the parties as Dan needs the amount of insurance policy. He has right of the
insurable amount as he did not conceal any information from the company.
D2
If there is a breach of any right or any right is hampered then in that case solutions are provided
to the parties. If there is any dispute between the parties then in that case parties want to settle the
dispute, they have to move the court for the solution or they have to adopt the ADR techniques.
If they move to court, they have to wait for many years or they have to incur a huge cost. If
parties adopt the alternative legal solution that will provide the various benefits to the parties
such as it provides the other forms to settle the dispute such as conciliation, mediation,
arbitration etc. These techniques provide the quick and better solution to the parties and it
involves the less cost. It is an informal and flexible process.
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Section 4 Recommending appropriate legal solutions based upon alternative
legal advice.
P6
a)
Alternative Dispute Resolution: Method of determining argument without the process
of litigation is ADR. There are various forms of ADR, but Arbitration and mediation are
chief systems. It is the procedure for settling disputes without the court such as
settlement, conciliation, and intermediation. Alternative dispute redressal techniques can
be used in all antagonistic matters which are skilled of being resolved, under the law by
contract between the parties.
Benefits:
 ADR helps to maintain the relationship between the Employer and employee.
 Arguments can be determined secretly and deprived of setting a future practice.
 International disputes can be resolved easily according to the rules, and parties have to
agree to it.
 It helps to put the parties in control by providing them the opportunity (Findlaw, 2017).
Advantages:
 Speedy: ADR provides the speedy decision to the parties. As trails are lengthy it takes
years to hear the case by the jury. In that case, ADR helps the parties.
 Less stress: ADR is less tense than extensive and exclusive litigation.
 Flexibility: The parties are more flexible to select the discovery and procedural rules to
their dispute (Albright, et. Al., 2016).
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Forms of ADR:
 Conciliation: It is an ADR course where parties to an argument use an intermediary, who
meet with the parties distinctly in order to determination the disputes. It is a volunteer
happening in which parties are encompassing free to effort and agree to resolution the
disputes by the conciliation.
 Mediation: It is an informal process of resolution of disputes. It is planned and simple
process in which third-party supports the parties in undertaking the disputes by the
process of compromise techniques and communication.
 Arbitration: It is a process of conveying a corporate disagreement before a third party
for determination. It is a familiar process in which the third party goes between the
discussing parties to relax an argument (The balance, 2017).
b)
The facts of the scenario are Antwon who possess an investment firm and has a clash with the
Tyrell who manages the company and had a business of computer software. There was a dispute
between the Tyrell and Anwton and they want to maintain the relationship with each other. They
are not getting the solution to resolving the dispute. It is concluded that they have to opt for the
process of mediation, which helps to solve the business problems. It is cooperating process in
which third parties help to tenacity the clash through the statement and compromise techniques.
Negotiation is a rapid process which includes the future commonly adequate arrangement to
resolve the disagreement by both the parties. Intermediaries are too neutral and impartial when
simplifying a resolution to a corporate mistake (Mediation International, 2017).
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M4
Arbitration Mediation
 It involves the panel of arbitrators.
 The main role of the arbiter is to
provide the decision on the resolution.
 The process of arbitration is formal and
counsel controls the contribution of
parties.
 An arbitrator has the power to decide
and gives the binding and final decision
(Finra, 2017.).
 It involves the single mediator.
 The main role of the mediator is to
exchange among the parties and help
them to reach the solution.
 The process of mediation is informal
and parties are active contributors.
 Mediator has no power to decide the
dispute; it can be settled through the
approval of party.
Advantages of arbitration:
 The arbitration is less expensive and lower cost is involved in the process of arbitration.
 It takes less time compare to courts that allow the parties to reach the agreement.
Advantages of Mediation:
 In the process of mediation, parties can express their views and opinions that help to
parties to reach the solution.
 Parties have the high degree of control and they are more expectable in a settlement.
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D2
Legal solution describes the way of solution which was given to the parties. If there is any
dispute arises between the parties and parties’ wants to solve that dispute then, in that case, he
has two solutions either he can go to court or he can settle the dispute by alternate means of
resolution. If he moves to court then the process of trial is more expensive as it includes the
attorney fees and the process is formal and it takes more time. But if he opts for the ADR he gets
various benefits such as he has the option to opt for different forms such as arbitration,
mediation, conciliation etc. and it provides the quick solution to the parties. It is less expensive
and the process is less formal and the decision is binding and final. The main object of ADR is to
decrease the load of court and make at ease for the parties to decide and get with their
commercial rather than to delay for years and months.
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Conclusions
From the above report, we can conclude that law provides the guidelines and directions to the
people and protects the rights and interest of the parties. English legal system consists the
different aspects such as a structure which describes the various courts and Supreme Court is the
highest court in the UK which perceives the appeal from the other courts. It also includes the
sources which help to decide the case easily and helps to interpret the existing law. It also
provides the legal solution such as litigation process and alternative dispute resolution that helps
to resolve the dispute between the parties.
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References
 Agora, 2018. Parliamentary Function of Lawmaking. Available at: https://www.agora-
parl.org/resources/aoe/lawmaking [ 4 January 2018].
 Albright, Stoddard, Warnick & Albright, 2016. The Advantages And Disadvantages Of
ADR. Available at: http://albrightstoddard.com/advantages-disadvantages-adr/[ 2 January
2018].
 Courts and Tribunals Judiciary, 2018. Civil. Available at:
https://www.judiciary.gov.uk/about-the-judiciary/the-justice-system/jurisdictions/civil-
jurisdiction/ [4 January 2018].
 Findlaw, 2017. What are the Benefits of Alternative Dispute Resolution?. Available at:
http://corporate.findlaw.com/litigation-disputes/what-are-the-benefits-to-alternative-
dispute-resolution.html [ 2 January 2018].
 Finra, 2017. Comparison Between Arbitration & Mediation. Available at:
https://www.finra.org/arbitration-and-mediation/comparison-between-arbitration-
mediation [2 January 2018].
 Gov.UK, 2018. Criminal courts. Available at: https://www.gov.uk/courts [4 January
2018].
 Healthy working Lives, 2014. Health and Safety Legislation. Available at:
http://www.healthyworkinglives.com/advice/Legislation-and-policy/Workplace-Health-
and-Safety/health-safety-legislation [ 4 January 2018].
 Law teacher, 2018. Legal Systems In English Law. Available at:
https://www.lawteacher.net/free-law-essays/english-legal-system/the-english-legal-
system.php [ 4 January 2018].
 Legal services India, 2017. Law Relating to Workplace Sexual Harassment. Available at:
http://www.legalservicesindia.com/article/article/law-relating-to-workplace-sexual-
harassment-1884-1.html [ 4 January 2018].
 Mediation International, 2017. International mediation. Available at:
http://mediationinternational.eu/index.php/adr-a-mediation/119-international-
interpersonal [ 2 January 2018].
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 Net lawman, 2018. Employment Rights Act 1996. Available at:
https://www.netlawman.co.uk/ia/era-1996 [ 4 January 2018].
 Queensland Government, 2018. Workers' Compensation and Rehabilitation Act 2003.
Available at: https://www.worksafe.qld.gov.au/laws-and-compliance/workers-
compensation-laws/laws-and-legislation/workers-compensation-and-rehabilitation-act-
2003 [ 9 January 2018].
 Quora,2018. What is the difference between the common and the statute law?. Available
at: https://www.quora.com/What-is-the-difference-between-the-common-and-the-statute-
law [ 4 January 2018].
 The balance, 2017. What is the Arbitration Process? How Does Arbitration Work?.
Available at: https://www.thebalance.com/what-is-the-arbitration-process-how-does-
arbitration-work-397420 [ 2 January 2018].
 Victorian Equal Opportunity & Human Rights Commission, 2011. The Equal
Opportunity Act 2010. Available at: https://www.humanrightscommission.vic.gov.au/the-
law/equal-opportunity-act [ 4 January 2018].
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