Business Law and English Legal System

Business Law
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Contents
Introduction.................................................................................................................................................. 3
LO1.............................................................................................................................................................. 4
a) Explain the structure of the English legal system and discuss the different sources of laws that
organisations must comply with. (P1)...................................................................................................... 4
b) Explain the role of government in law-making and how statutory and common law is applied in
the justice courts. (P2)............................................................................................................................. 4
You will evaluate the effectiveness of the legal system in terms of recent reforms and developments
[M1]......................................................................................................................................................... 6
Provide a coherent and critical evaluation of the English legal system and law, with evidence drawn
from a range of different relevant examples to support your judgment. [D1]...........................................7
LO2.............................................................................................................................................................. 8
a) Briefly explain employers’ legal obligations in relation to;............................................................8
b) Explain how the relevant employment and contract law will have a potential impact upon the
business in this scenario......................................................................................................................... 9
You will differentiate and analyse the potential impacts of regulations, legislation and standards with
regards the above scenario. [M2].......................................................................................................... 10
LO3............................................................................................................................................................ 11
P4 - Suggest appropriate legal solutions for each of the above business problems..............................11
P5 - Provide justifications for your solutions by either referring to a relevant statute or using an
appropriate case.................................................................................................................................... 11
You will assess the positive and negative impacts of legal solutions to the business problems. [M3]...12
You will critically review and evaluate the use of appropriate legal solutions in comparison with
alternative legal advice. [D2]................................................................................................................. 12
LO4............................................................................................................................................................ 13
a) Explain the concept and benefits of using Alternative Dispute Resolution process...................13
b) Recommend alternative legal solutions to the following business problem. You can consider
another country’s legal system or a different legal framework...............................................................13
You will compare and contrast the effectiveness of two different recommendations [M4].....................14
You will critically review and evaluate the use of appropriate legal solutions in comparison with
alternative legal advice [D2].................................................................................................................. 14
Conclusion................................................................................................................................................. 15
References................................................................................................................................................ 16
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Introduction
The present report focuses on providing coherent information regarding English Legal
System. The purpose of law, evolution of law and sources of law that frames the basis
of formation of law under English legal system has been discussed providing a brief
discussion about role of government in law making. The impact of employment laws in
context of business have been explained by laying context on legislation that is required
to be complied by business organisations. The terms of contract law bind parties under
it, however, in order to avoid any issue that can provide for speedy solution to litigants is
also discussed. The alternative dispute resolution mechanism is a boon in context of
resolving disputes and decreasing burden from courts and providing appropriate and
secured solution to parties under dispute.
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LO1
a) Explain the structure of the English legal system and discuss the different
sources of laws that organisations must comply with. (P1)
Legal system comprises of written or unwritten constitution, various primary
legislations, bylaws, customs, precedents, common and civil laws. Law has been
considered to be an outcome of the norms that are being followed by the society.
The sanction that has been imposed for effective working of society is also referred
as law which is to have been evolved from various historical experiences and
affecting the conduct of society. The purpose of law is considered to be the norms
that will govern the societal norms and way in which individual will perform their day
to day activities. The sources of laws that are identified under English legal system
are European laws, customs, legislations, bylaws, treaties and conventions,
precedents/ case laws (Business Dictionary, 2018).
There is significance difference that exists between common and statutory laws are
that common laws are to be enacted by the rulings or verdict of courts whereas
statutory laws are enacted by Parliament and are in written form. Customary laws
are even developed by the pronouncements of the courts. As far as the compliance
of laws by an organisation is concerned it is necessary that an organisation must
comply with various laws such as employment laws, company laws, environmental
laws, contract laws, data security laws, health and safety legislations (Washington
university law, 2018).
b) Explain the role of government in law-making and how statutory and
common law is applied in the justice courts. (P2)
Government plays a vital role in formation of various laws that are to be enacted and
applied in court of law. House of Commons is the first house in which is bill is to be
introduced where in three readings take place regarding draft bill. In first reading, bill
is merely introduced in the house. In second reading several changes that might
have been decided by the house are introduced, bill is sent back to the committee to
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