Business Ethics and Law Review

The provided document appears to be a review of multiple sources related to business law and ethics. It lists several books, articles, and online resources that discuss topics such as corporate social responsibility, transnational business governance, and the benefits of complying with bribery laws. The assignment likely requires students to read and analyze these sources, possibly by writing a review or completing exercises based on the material.

BUSINESS LAW
Contents

INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Structure of English Legal system and sources of law.................................................1
P2 Role of government in formation of law and its applicability........................................2
TASK 2............................................................................................................................................4
P3 (a) Impact on Law on Business organizations...............................................................4
(b) Application of employment and contract act on business............................................6
TASK 3............................................................................................................................................7
P4 Legal solutions in case of business issues and cases..................................................7
P5 Justifications for legal solutions........................................................................................8
TASK 4............................................................................................................................................8
P6 (a)Concept of Alternative Dispute Resolution Process.................................................8
(b)................................................................................................................................................9
CONCLUSION...............................................................................................................................9
REFERENCES............................................................................................................................10

INTRODUCTION
In this present world, law has its own significance. Law is a set of rules and
regulations which are framed and enforced through governmental and social institutions
for an effective regulation of behaviour. Business law can be recognised as a type of
law and legislation (Bagley, 2010). In this report, way in which business law is
applicable in varied operating situations are applicable and also various sources of
English Legal structure and sources of law is discussed. Also, role of government and
other functions along with different ways of application of justice court is demonstrated.
In addition to this, various provisions of Employment Act will be given effect. In this light,
application of provisions of contract act and employer’s liability is elaborated.
Furthermore, various concepts in regard to alternate dispute methods is discussed in
this report. In the end, recommendations are also given in respect of dispute resolving
methods.
TASK 1
P1 Structure of English Legal system and sources of law
English law is a system which has been evolved in UK in 18 centuries. It is a
notable fact that there are various sources which are formed for purpose of
understanding various forms of judiciary and legal structure in UK (Cheeseman and
Garvey, 2014). In this light, there are several sources of law, that are framed in a
constitution of each and every country (BUSINESS LAW REVIEW, 2017). Also, law and
legal system is a concept which govern and regulate behaviour of people. Legal
principles can be signified as effective generalised statements rather than legal rules.
Diverse range of sources of law can be demonstrated as follows: Constitution: It is considered as a most significant term in a legal system of a
country. It is a concept which coincides and precede over any other source of
law. It is reasoned as a fundamental document of a country. In this light, it can be
well understood as a concept which consists of set of fundamental principles and
decided precedents, in accordance of which state or country regulates. It is a
notable fact that it is concerned with diverse level in an organization.
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 Case law: It is another form of sources of law which is related to the decisions
and law that has been made by judges by the way of decisions. In addition to
this, distinctive features of common law have been developed in each kind of
jurisdiction. In other words, it can be understood as a set of rulings which are
made by judges and like kind tribunals, which meet their rules of respective
jurisdictions, which formally cited as precedent. On the bases of case laws, court
sometimes makes further decisions. Common law: It is a framework which is generated and developed by courts,
judges and similar tribunals. It also involves those situations in which parties to
contract disagree in regard to law and in that cases, common law court takes
reference from decisions passed by relevant courts in synchronization with
principles of past cases.
 Equity law: This is a law which is related to developing and promoting equity
among premises of an organization (Bishara, 2011). It is a part of common law. It
mainly focuses on to creation of equity in each and every aspect and parts of a
country. Legislation: Legislation is a term which is a significant procedure enacted or
promulgated by a governing body or a legislature. Legislation is known as Bill
before it is being declared as law. The main purpose of legislation can be in
terms of regulation, authorisation or to restrict something. It can be noted that
legislature is proposed by a member of the legislature. European Law: It is a concept in which there are numerous rules, operating in
several states of European Union. It has an objective to enhance and develop
peace and its efficient values along with social welfare of people.
P2 Role of government in formation of law and its applicability.
It can be said that formation and implementation of law is one of main function of
Government of a particular country. In this light, UK Government is also entitled to make
laws that intents to formulate effective control in various aspects (Cavaliere, Mulvaney
and Swerdlow, 2010). Considering this, the main role of government in making law can
be understood by analysis of different steps of creation of law. Law is prepared by
parliament, which be considered as an outcome from different proposals. Government
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has an authority to prepare and implement bill which is in favour in societal people. It is
approved from members of parliament.
Green paper is a concept, which is a tentative report and document of consultation
of government, which comprises of proposals and policy for discussion and debate and
discussion. A green paper is a basis which serves the best in regard to any agenda and
issue. In addition to this, it results in formation of white paper.
Also, in further direction, the ministers presented in a cabinet must agree with proposals
which are required to be proceeded in attempt to make them bill (Crane and Matten,
2016). Furthermore, proposals are formed into bills, which are then scrutinized by
Parliament. Also, it can be considered as there are varied stages that can be classified
as Parliamentary stages, which can be demonstrated as;
 First Reading: It is a first stage in which only a copy of bill is placed before
parliament. After this, number has been allocated to it (Nichols, 2012). At this
stage, the bill is familiarised to a committee. Then, it is made considerable by
committee formed in between first and second stage.
 Second Reading: At this phase of this process, draft made at first stage is read
for second time. In other words, the bill proposed is made introduced at other
house of parliament.
 Committee stage: It happens after Second stage of process of making a bill by
Parliament by government of UK. The draft of bill is examined, in regard to each
and every context by committee, which has been established for this purpose.
Afterwards, they express their agreement and disagreement in regard to bill.
 Third Reading: This stage of process of formation and implementation of bill is
adopted after conclusion of report has been made by committee. An overview is
allowed to take in this phase.
 A bill which has been overviewed at third stage of the said procedure and when
bill is approved by one chamber is made considered by another one.
 In this light, furthermore, bill is submitted to Royal; Assent for obtaining approval
in regard to bill.
In the end, bill is passed and order for commencement as an act has been passed
(Dahan and et.al., 2010).
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In addition to this, statutory and common law has been applied to courts for
maintaining a legal environment in an area. It can be considered as key tasks of judges
in context of UK. It includes:
 Statutory Interpretation: It is a procedure through which court can interpret and
implicate legislation. It is a concept in which judiciary of a country deduces the
way in which laws and legislations should be applicable in a particular case.
In this light there are various aids through judges can interpret an Act or a
Statute:
 The Legislation: It is a form of law which is made and implemented as a
legislature during the procedure of making it. The main resolution of legislation is
to control, authorise, to render and to restrict something which is not legal in
nature. It is anticipated by a person who is a member of legislature.
 Judicial precedents: It is a concept which is related to judgement made by court
of law, which is entitled with an authority to form decisions in aspect of similar
kind and set of facts. It can serve as a basis on which future decisions can be
recognised.
There are several rules of interpretation in accordance of which an act can be
interpreted:
 Golden Rule: This rule is mainly applied by English Courts. It permits a judge of
court to distract from a normal or ordinary meaning of a statute and head towards
another meaning to avoid a wrong meaning.
 Literal Rule: It conveys a meaning that statutes are to be interpreted in such a
way so that it can be linked with its ordinary or general meaning (Munch, 2012).
TASK 2
P3 (a) Impact on Law on Business organizations.
Laws and legislations have a significant impact on operating business activities of
a business corporation. In context of an entity, there are various laws and regulations
which are realised to give effect working of business operations. Also, there are some
obligations which should be complied by an employer in order to avoid any negative
impacts. These are interpreted as follows:
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Workmen compensation: It is a concept in which is type of insurance which
renders replacement of wages and benefits in medical terms to employees of a
company, who get injured during the passage of employment in altercation of
employee’s right for mandatory relinquishment to file a case against its employer
(Fassin and Buelens, 2011). Employer has a right to sue its employer in case of
tort of negligence
o Legal obligation: The employer in this case should make sure to compensate
every employee who gets injured in case of any accident or any other mis-
happening.
Employment rights Act, 1996: This act signifies various rights that has been
allotted and assigned to employees while they are working in a company. It
conveys that employees should be given equal rights and wages in accordance
with their work. Also this actor legislature makes sure that no employee is
deprived of its fundamental rights and obligations (Muchlinski, 2011).
o Legal obligation: In regard to main terms of contract, that it should be in writing
and comply with required provisions. Employer should assure that all terms and
conditions of contract of employment should be made introduced to employees of
company within 2 months of commencement of working.
Harassment: It is a term which is offensive in nature. It consists of diverse range
of behaviours, which are responsible top create disturbance and upset-ness in a
person. It is characterised as of repetitive nature. In language of law, it can be
considered as an element which pretends to be threatening or disturbing. Sexual
harassment is another type of harassment which is related to unwanted intimacy
and persistent practices (Chemerinsky, 2016). There are various types of
harassment which can be characterised as electronic, mobile, online and
landlord.
o Legal Obligation: The employer is under legal obligation to protect its employees
against any case of harassment. It is against rights of employees and workers.
Proper techniques and methods should be adopted to control any kind of
harassing activities in company.
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Occupational Health and Safety: It means to make sure that proper safety and
health is maintained and sustained in context of a company (Law, Qi and
Buhalis, 2010).in other words, it is a concept of multidisciplinary in nature which
is concerned with health, safety and social welfare of people.
o Legal Obligation: Employer is liable to encourage health and safety in premises
of an organization so as to increase safe environment in a premises of a
company which focuses on to protect employees, workers etc., which will lead to
ultimate success and profitability.
(b) Application of employment and contract act on business
Various laws and legislations have been made in respect to give effect to various
employment and contract act provisions (Kinicki and Kreitner,2012). Management of
companies are under obligation to develop and promote health and safety work
environment in premises of their organization.
With reference to given case of a 16 years old girl who was working in a fast food
outlet. One day, she slipped on water from an ice making machine and injured herself.
Her hand went in deep fryer burning at a temperature of 360-degreeF and she
sustained with severe burns. Also it was found that the outlet was short staffed that day
and their team leaders was working at billing section and was not attentive of monitoring
health and safety conditions in their premises.
In accordance with the given case scenario, elements of Employment Act, 1996
and Contract Act, 1872 has been applied. In perspective of the provisions of
Employment act, it’s a duty of employer to develop and monitor health and safety
practices in company (Heath, 2011). In this light, it was assessed that the employer of
the said girl was liable to make sure in regard to her safety and other practices. Also, in
regard to norms laid down in the context of employment act, employer is held liable to
guarantee protection of employees in respect of health and safety measures. So, in
relation to this, the team leader was held liable for her injuries.
On other hand, in terms of Contract Act, 1872, a minor is not competent enough
to enter in to a contract. So, considering this, said girl was not supposed to be in a
contractual relationship. Also, second most important thing is in concern with a
provisions of duty of care. According to norms, Duty of care is a perception which gives
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rise to situations and circumstances in which liability to take care is evolved. In addition
to this, any failure in performing such liabilities, by defendant, will lead to payment of
damages to innocent party (Hayden and Bodie, 2012). So, as per said provision, team
leader of fast food chain owed a duty of care to that girl.
TASK 3
P4 Legal solutions in case of business issues and cases.
(1) With reference to given case scenario, it was being mentioned that Calvin was
a designer who was working in a large fashion house, Calvin was an employee at said
firm and was working since 4 years. On Monday, his employer arrived at work and
came to know that Calvin was acting suspiciously. After having as look on petty cash
book, Donna finds that there 100 pounds were missing. Despite the fact that there are
were 4 employees more with Calvin at the time when donna entered into room. Then,
she dismissed Calvin without rendering any notice and said she would not like to work
with a thief in its company.
In accordance with the provision and regulations of Unfair dismissal and
Wrongful dismissal protections, it was being conveyed that no employer can terminate
services of an employee without giving prior notice (Halbert and Ingulli, 2011). It laid
down that employees should be known in regard to fair reasons for being dismissed.
Also, various provisions like capability to perform activities, conducts or statutes are
also applicable. Moreover, it also includes that employer is only accountable to
terminate an employee only if proper notice has been given along with fair procedure to
be followed. Employer should also feel reasonably.
So, in this perspective, Calvin has a right to appeal against his employer, Donna.
As, she dismissed him without giving any opportunity of being heard and also following
a fair procedure to terminate his employment. So, Calvin has a right to claim against
decision of Donna.
(2) As mentioned in a case study that Kevin’s father owns a small convenience
store. Subsequently fire destroys their store. Kevin’s father Dan applied for a fire
insurance. The insurance company’s proposal asks whether they have availed any
claim in period of last two years. His father replied as no, as he thought that claim was
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made more than two years. However, in reality, the claim was made 23 months ago. So,
insurance company refused to pay claim.
In this regard, Dan can proceed with his claim. He can claim to insurance
company in respect of his fire claim, as, there is not time period specified in case of
requesting an insurance claim. So, Dan can claim for is fire damage.
P5 Justifications for legal solutions
In first case, provisions of Unfair dismissal and wrongful dismissal has been
applied. in accordance to regulations and norms of said provisions, an employer is not
liable to proceed with termination of any employee without rendering him a correct and
appropriate notice (Grundfest, 2010). In addition to this, employer should follow a
correct and legal procedure and acts in a reasonable manner. Also, it is also mentioned
that there should be a prompt reason for his dismissal that should not be based on any
kind of discrimination. So, Calvin was held liable to claim against decision formed by
Donna. She did not provide him with any notice. Moreover, in this light, any opportunity
of being heard was not also not given to him.
On other hand, in case of Dan’s claim for fire insurance, no time limit has been
specified in Limitation Act, so any person can claim for his insurance at any time period.
TASK 4
P6 (a)Concept of Alternative Dispute Resolution Process
It is a concept in which methods and ways for resolving issues and disputes
without any litigation are mentioned (Granovetter, 2010). It can be abbreviated as ADR.
In other word it can be said that, it refers to a means in which disputes are steeled in
amore amicable manner without any presence of litigation of courts.it includes
negotiation, conciliation, mediation and arbitration. In this case, there are various
methods available for resolution of disputes, which includes law suits, arbitration and
conciliation etc.
The main benefits of utilisation of cited method is:
 It saves time and energy of both the parties to contract.
 It avoids cost of litigation.
 It lower costs and reduces other penal charges of parties.
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(b)
In perspective of a given scenario, Antwon and Tyrell can resolve their issues in an
amicable manner with help of arbitration and conciliation. Arbitration is a method in
which disputes are resolved outside court (Foss and Knudsen, 2013). In this concept,
both persons choose their arbitrators in order to evidence a case and form decision.
CONCLUSION
From above report, it can be comprehended that there are many provisions that are
framed in context of business law. In this context, several legislations such as
Employment Act, Contract act, Health and safety act has been discussed. Also, in this
report, different stages of law making by government of UK has been discussed. In this
light, main tasks and activities of judges in regard to interpretation of statures has also
been elaborated in report.in addition to this, terms related to golden rule and literal rule
was also given effect.
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REFERENCES
Books and Journal
Bagley, C. E., 2010. What's Law Got to Do With It?: Integrating Law and
Strategy.American Business Law Journal.47(4). pp.587-639.
Bishara, N. D., 2011. Governance and corruption constraints in the Middle East:
Overcoming the business ethics glass ceiling.American Business Law
Journal.48(2). pp.227-283.
Cavaliere, F. J., Mulvaney, T. P. and Swerdlow, M. R., 2010. Teaching business ethics
after the financial meltdown: is it time for ethics with a
sermon?.Education.131(1). pp.3-8.
Cheeseman, H. R. and Garvey, J. R., 2014.Business law. Pearson.
Chemerinsky, E., 2016.Constitutional law. Wolters Kluwer Law & Business.
Crane, A. and Matten, D., 2016.Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Dahan, N. M and et.al., 2010. Corporate-NGO collaboration: Co-creating new business
models for developing markets. Long range planning.43(2). pp.326-342.
Fassin, Y. and Buelens, M., 2011. The hypocrisy-sincerity continuum in corporate
communication and decision making: A model of corporate social responsibility
and business ethics practices.Management Decision.49(4). pp.586-600.
Foss, N. J. and Knudsen, C. eds., 2013.Towards a competence theory of the firm(Vol.
2). Routledge.
Granovetter, M., 2010. 19 Business Groups and Social Organization.The handbook of
economic sociology, p.429.
Grundfest, J. A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics,
and the Law.The Business Lawyer, pp.361-394.
Halbert, T. and Ingulli, E., 2011.Law and ethics in the business environment. Cengage
Learning.
Hayden, G.M. and Bodie, M.T., 2012. The Bizarre Law and Economics of Business
Roundtable v. SEC.J. Corp. L..38. p.101.
Heath, J., 2011. Business ethics and the ‘end of history’in corporate law. Journal of
Business Ethics.102. pp.5-20.
Kinicki, A. and Kreitner, R., 2012.Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Law, R., Qi, S. and Buhalis, D., 2010. Progress in tourism management: A review of
website evaluation in tourism research.Tourism management.31(3). pp.297-
313.
Muchlinski, P., 2011. The changing face of transnational business governance: Private
corporate law liability and accountability of transnational groups in a post-
financial crisis world.Indiana Journal of Global Legal Studies.18(2). pp.665-705..
Munch, S., 2012. Improving the benefit corporation: How traditional governance
mechanisms can enhance the innovative new business form.Nw. JL & Soc.
Pol'y.7. p.i.
Nichols, P. M., 2012. The business case for complying with bribery laws.American
Business Law Journal.49(2). pp.325-368.
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Online
BUSINESS LAW REVIEW, 2017. [Online]. Available through:
<http://www.kluwerlawonline.com/toc.php?pubcode=BULA>. [Accessed on 4th
July 2017]
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