BUSINESS LAW INTRODUCTION 1 SECTION 11 TASK 11 A
Added on 2020-10-23
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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1TASK 1...................................................................................................................................1A. Presetting the significance of the phrase “Parliament is Sovereign” and Various Sources oflaw..........................................................................................................................................1B. Role of government in making the law..............................................................................2C. Illustrating impact various laws on the business..............................................................4TASK 2............................................................................................................................................5A. Presenting nature and formation of different forms of business, with differences, theiradvantages and disadvantages................................................................................................5SECTION 2......................................................................................................................................8CASE 1: Recommending Appropriate legal solution to Champion Ltd to solve the dispute8CASE 2...................................................................................................................................9Suggesting legal advise to resolve the commercial issue between Amber Ltd and MrAnderson.................................................................................................................................9CONCLUSION..............................................................................................................................10REFERENCES................................................................................................................................1
INTRODUCTION A business gets its recognition after getting registered as per the legal requirements andwith getting a legality an organisation is required to adhere with many laws and regulation whilecarrying out its operations. There are various legislations and common laws which are applicableto a firm which are either formulated by the parliaments or by power of doctrines. Theparliaments in UK is the supreme power making and amending the law. In the present report adetail discussion is carried out with presenting the sovereignty of parliaments with differentsources through which laws are made in UK. Along with this role of government in making lawsis presented and the impact of various law on the business is illustrated. In the report, nature,types of different business is presented with their advantages and disadvantage. In the secondsection of the report various techniques and legal advise is given to solve different typescommercial disputes faced by the organisation. SECTION 1TASK 1A. Presetting the significance of the phrase “Parliament is Sovereign” and Various Sources oflawParliament is Sovereign: This is principle that is adhered by the constitution of UK. With this the parliaments isconsidered as the supreme legal authority in UK which has a power to make and end any law.The court does not have any powers to overrule the legislation that are passed by parliaments. Inthe parliaments no laws can be passed which can not be changed by future by the parliaments.Thus, Parliament has a power to change or amend laws and statues passed by itself. Althoughthere are certain developments that have limited the application of parliament sovereignty whichreflect the political development in UK, including humans rights act, entry to EU etc (Eichler,2017). but these developments do not fundamentally weaken the principle of sovereignty ofparliament as it has a right to repeal any of the laws which are implementing these changes. Thismeans, though certain laws are there which do not grant power to parliaments still it can annulthem keeping its supremacy intact. Even the Monarch does not have a power to interfere or overrule this supreme poweradhered to parliament through constitution of UK. It is said to be sovereign because it has theultimate power to make or take any law or decision and its powers are independent with no1
pressure from the Queen of UK. It is the ultimate and absolute legal authority in UK which hasability to form, amend, revoke and law it deems fit. Sources of law:Statutes: This can be defined is the primary legislation which is adhered to Parliament tomake the laws and statues. This is refereed Act of Parliament through which laws are made. Theparliaments have the ultimate power to make or change any law. All the laws and legislation aremade through the act of parliaments after getting passed from the both the houses and gettingassent from the monarch.Delegated legislation: The act of parliament’s giver powers and authorities to ministers,public or local bodies to make legal provisions. These are referred as statutory instruments whichare made under the authority of act of parliament. They provide information and details forapplication of statues and commencement of act. Common law: the laws are made from the decision passed in the court which are givenbinding effect through doctrine of judicial precedent. Under this a ruling of high court isapplicable to lower level court which the subordinate court must refer in lawsuits with similarsubject matter.Equity: This is the body of law which is developed in the English court of Chancery.These are administrated concurrently with common laws. The means laws which are made underequity are trust, charities, probate and equitable remedies (Gordon, 2015). There are certainmaxims to equity that is a person coming for justice to equity must be clean that is not in anyfault in the crime or civil wrong.Queen's speech:There is normally a queen speech every year in the parliament of UK where the speechof queen has been written by the member of parliament. From the year to year, speech varieswhich only depends upon the number of bill and other items which was introduced throughoutthe year.Legislative power in UK has been exercised by Queen in parliament where proper adviceand consent has been taken from houses of parliament that is house of lords and the house ofcommons. The crown informs parliament regarding government policies, ideas and plans fordeveloping new legislation through the speech which was delivered in house of Lords from the2
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