Business Law: Sources and Roles

This assignment explores the fundamental concepts of business law, focusing on its diverse sources and the crucial role governments play in shaping legal frameworks. Students will delve into various legal doctrines, analyze the impact of legislation on businesses, and examine ethical dilemmas within a legal context.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
Section 1...........................................................................................................................................1
P 1. Structure of English legal system and various sources of laws.......................................1
P 2. Role of legal bodies in setting norms and application of statuary and common law......4
P 3. (a) Legal obligations of employers .................................................................................6
b) Significant influence of contract and employment law upon the business........................7
Section 3...........................................................................................................................................8
P 4. Effectual judicial solutions for business issues...............................................................8
P 5. Justification....................................................................................................................9
P 6. (a) Conception and advantages of utilising Alternative Dispute Resolution Process ....9
b) Recommending effectual solutions to different business issues .....................................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
Legislation is nothing but collection of policies and principles that is setted by legal
bodies in order to create an environment that should be free from all types of crimes and
discrimination. At the same time, business law is also imposed by government body that simply
refers to the set of norms that is used for operating a business ethically and lawfully. Such laws
have to be followed and adopted by every companies who are running their business in United
Kingdom as well as those also which is used to import their goods and services in UK. The
present report is segmented into different sections whereby in first section structure of English
legal system and various sources of legislations has been discussed effectively. In addition to
this, the roles of government in designing norms has been explained (Bagley, 2010). Apart from
this, application of common and statutory laws in the judicature courts is also highlighted. In
other section, various types of acts such as equal opportunities, workers compensation,
occupational health and safety, etc. is described in this project. Besides this, several cases are
solved and appropriate lawful solutions are provided here.
Section 1
P 1. Structure of English legal system and various sources of laws
English legal system is also known as European legal structure that is applied in
numerous of nations including the previous English colonies. One of the main attribute of this
system is that it is considered as doctrine of judicial precedents whereby magistrate is bounded
by different assemblies. In - fact , it is covering several other laws associated with the societal
group and is imposed for the safeguarding of different religions and communities who are
surviving in society. This has been examined that frame work of European legitimate system is
based on the hierarchy or series (Bodie, Kane and Marcus, 2014). Here the judgement of
supreme court is considered as concluding and other courts have to respect as well as accept their
final decisions. It exits at the top of the hierarchical structure and is also named as House of
Lords as they take correct decision and are obligated to remove all thrones or difficulties by
making every one's life full of roses. There are different types of court in UK which is described
along with this structure below :
 High Court : It is known as third highest court in United kingdom which is dealing with
civil cases and also used to appeal judgements made in lower assemblies. This is situated
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in London at Royal Courts of Justice but having district registries through - out Wales
and England wherein nearly each and every high court legal proceeding might be heard
and issued. There are three divisions within High Court that are listed below :
1. The Queen's Bench division
2. The Family Division
3. The Chancery Division
 Magistrate Court : It is considered as lower division assembly that is holding trials for
concise offences and preliminary hearings for some serious cases also.
 Crown Court : This is a criminal court of both appellant and original jurisdiction that in
additional also handles a limited amount of civil cases also.
 County Court : The jurisdiction of such assemblies is strictly or purely civil having its
sitting in around 92 cities throughout England and Wales. These courts mainly deals with
the cases and challenges associated with civil issues. Circuit or district judge are involved
in these assemblies for presiding over the cases.
Apart from this, there are different role of barristers, solicitors and judges in the UK legal system
which is mentioned below :
 Solicitors : These are those individual that works in county and magistrate courts. They
are liable to represent a case in tribunal and its involvement happens once advocacy prior
a court is required.
 Barristers : Their duty is translating and organised the view of customer's events into a
legal argument.
 Judges : These authorities are liable to hear cases of both parties and at last giving correct
judgement that is unbiased in nature.
Considering the next level construction of court, it is gain categorised into two parts which is
discussed below :
 Civil law : This is a branch of legislation that comprises of non – criminal laws. It deals
with the rights and responsibilities of common people that is individuals and firms. This
a code of norms which was derived from Roman legislation historically. It is generally
having the duty of resolving day to day disputes and any type of losses which occurs in
society. Civil law is again divided into two sections that is statuary and non – statuary
norms.
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 Criminal law : This legislation is obligated to resolve issues linked with the criminal
activities which are happening in nation , state and in society as well (Crane and Matten,
2016). Additionally, it is dealing with cross investigation and arresting people who found
guilty on the basis of evidences.
Sources of law : On the other hand, this has been observed that norms are created from various
types of sources which is described below :
 Customs : The origin of legislation took place from various types of cultures, religious
ceremony. People belongs from different traditions and religions and norms are setted by
government as per that so that every one live together in a society and do not feel alone.
 Statues : This is nothing but an act that prohibit, declares and commands or control any
thing. This is a written law that is passed by a legislative assembly on the national and
state level.
 Treaties : A treaty is defined as an accord under global law get into into by actors in
international norms that are self-governing states and world wide organisations.
In addition this, there are other sources also exists which are applied for the welfare of whole
society and country as well. These are Case law, EU law, human rights, Equity, etc.
Illustration 1: Sources of law
(Source:- Sources of law, 2017)
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P 2. Role of legal bodies in setting norms and application of statuary and common law
Government is playing a crucial role in designing norms and standards for the entire
country by considering the relevant information and figures (DiMatteo, 2010). There is proper
stages that is used to be followed by advisory body during imposing a certain law which is
mentioned below :
 Bill : It is a document that shows the details of presented norm. this is mainly segmented
into three parts that are private member, public and private bills. Public bill influences
the complete nation that is formulated by cabinet for modifying the legislations of
specific country and conceded by green paper. On the other hand, private members bills
are proposed by back bencher MP (Member of parliament). Besides this, private one is
used to introduced by the members of regional authority , public or other large publicly
firms.
 First reading : In this step, title is viewed or read by associates of common house.
 Second reading : Hereby negotiation as well as debate occurs and as per the vote of
members, bill is going to be preceded.
 Committee stage : Here detailed investigation of presented agenda happens in order to
understand the requirement of specific bill (Eren and et. al., 2012). In this step,
government seeks to examine the advantages and disadvantages by carrying out adequate
assessment.
 Report stage : After that, furthermore discussion and voting is going to be conducted by
the members of house.
 Third reading : IN this phase, bill is again introduced in front of House of Commons for
doing short negotiation in order to reach at final judgement of selecting proper agenda.
 House of Lords : Bill is being send back to the general assembly in order to carry out
proper assessment of all mentioned above stages.
 Royal assent : In this final step, monarch is ready to give approval of the bill in an
official way and after that this gets forced into use and become an act of parliament.
 Delegated legislation : After imposing or formulation of norm, lawful bodies are having
the duties of allocating power among officers and worthy candidates.
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Illustration 2: Role of government in law making
(Source:-Role of government in law making, 2017)
Application of Common and Statuary law in court :
This legislation is having a continuous reforming framework. Its principles is in full
effect under the judicature or judge (Foss and Knudsen, 2013). Hereby decision making is
carried out by the legal documentation in accordance to the cases present in court. Furthermore,
the case law has a similar structure all over the jurisdiction. In case of crimes, Criminal division
court and House of Lords is going to decide the lawful precedence as per the intensity of
evildoing.
Statuary laws are having the written formatting and they are under particular bodies.
Here, the structure of law keeps varying from common and administrative norms according to
the decisions of court. Private and public acts from specific parts of United Kingdom are
involved in its frame work. In this case, a norm get passes via house of parliament for attaining
approval and uses instruments such as secondary orders, principles and policies.
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P 3. (a) Legal obligations of employers
 Occupational Health and Safety : Health and safety act 1974 is multidisciplinary act
which is showing concern with the wellness, security and improvement of workers at the
working location by focusing on the essential demands of personnels (Grundfest, 2010).
As per this norm, high authorities of an organisation is obligated to make an atmosphere
at work station that should be free from all kinds of dangers and hazards. Thus, in turn
ensures the safety or protection of the individuals who are working every venture.
 Workers compensation : This is nothing but an insurance that is being provided by
corporation to their staff members in stead of salary. For instant, medication-al benefits,
retirement, reimbursement on the ground of additional working hours, job securities, etc.
Hence, this act is completely based on giving surplus or extra facilities to the work -
forces performing at official sites by meeting their desires and necessities. Compensation
act 1906 is applied for delivering complementaries associated with work in all
companies.
 Harassment : The key motto of this rule to safeguard employees from all types of
exploitation, fraudulent actions and misconduct occurring at enterprises. Therefore, in
accordance to this legislation, management and administration of a venture is attempting
to safe personnels from any kind of discrimination. At the same time, this act also
provide protective covering especially to female workers from all harassments by
enforcing protective activities and strategies. Act related to harassment is Protection from
harassment act 1997 that safeguard a person from any harassment and activities
associated with this in society or organisation.
 Equal opportunities : As per this act, it is necessary for managers of firm to offer
equivalent opportunities to each and every associates who are working in their official
sites (Johnson, 2013). At the same time, this norm tries to establish an environment that
should be free from any discrimination which is done on the ground of gender, colour,
race, religions, disability, etc. and provide equal chance to each members to grow and
develop their career. Equality act 2010 protects every one from any kind of
discrimination and provides them equal right.
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b) Significant influence of contract and employment law upon the business
According to the case study, there is a 16 year old girl who is recruited at a fast food
outlet. While doing her work, she slipped due to the leaking of water from an instument of ice
making and randomly her hand went into deep fat fryer which was containing boiled oil while
balancing. And as a bad result, she suffered from severe burns to her forearm and left hand. In
this day, few number of workers were presented at the outlet and the team leader was engaged on
tills in spite of keeping eyes on the safety of workstation and their staffs. Thus, the whole
incidence was considered as illegal and unjust according to the norms and regulations made by
government bodies. Numerous of mistakes done by this company is stated below :
 The first thing is that girl was 16 year old that is she is not adult and comes the category
of child (Kinicki and Kreitner, 2012). Thus, for employing a worker of this age is a
illegal task and for this government has also imposed a law named as child labour act, as
per this employees should be more than 18 or equal to that and which violates this norm
is treated as guilty in the eyes of law.
 Second fault is that, there was absence of security and safety at the working station and
due to this reason accident was occurred and girl got severe injuries. This is violating the
rule of occupational health and safety act.
 The third fault is that employer did not carry out a risk assessment as it is evident that the
ice making machine and fryer were placed in wrong areas. This is the main reason of
accident occurrence.
 Even after this, team leader was not attentive and was still neglecting the occurrence of
accident.
Therefore, by examining this case, it is recommended that every organisation should obey
and act according employment law and should hire workers who are above 18 years old. In
addition to this, as per occupational health and safety law, security at work places should be
improved and considered more so that personnels working there receives protection from random
accidents. Besides this, main intention of contract and employment legislations is promote firms
to offer best opportunities to their employees. Hence, girl who met accident is having the power
to claim against the injuries or damages that she faced due to the misconduct or behaviour of
supervisor.
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Section 3
P 4. Effectual judicial solutions for business issues
Unfair dismissal and wrong dismissal is two different terms associated with the firing of
an individual within work place. Wrong dismissal is a breach of contracts that happens most
usually when a manager fires a worker without giving notice to him or her under their contract of
employment. On the contrary unfair dismissal is considered as statuary instead of contractual
right, wherein an employee gets fired without giving proper reason and violating laws of s.98 of
the Employment Right Act 1996. An enterprise is having numerous of problems while operating
its businesses as they comprises of large number of workers at their official sites. Those
personnels are having variant perspectives and opinions in context to specific subject (Mann and
Roberts, 2011). Thus, it is duty of government bodies to make some standards so that every one
follow it and in turn less issues gets occurred at work place. As per the given scenario, Calvin
was a designer who was employed at a large fashion house and has completed a time period of
around 4 years. One day, his manager arrived at office and claimed him for a robbery as she
found £100 missing from petty cash box. She has dismissed Calvin without knowing and
enquiring about the rest four other workers who were also performing work in the vicinity.
Thus, this immediate firing without giving any notice and any reason is completely illegal as this
is violating the employment right act 1996 (Nichols, 2012). As per this law, there are numerous
of solutions present in order to resolve such business issues. Some of them are discussed below :
 Employers should attempt to determine the hidden facts by hiring research team or
examining past recording before taking any important decision like dismissing
personnels.
 Manager needs to accumulate all information and illustrations associated with the
incidences happened at work station.
 Necessity of listening the view points of Calvin.
On the other hand, in the second case is related with misinterpretation. There are three
types of misinterpretation that are Fraudulent, negligent and innocent misrepresentations.
Fraudulent one happens when a party of contract creates a untrue statement of facts knowingly
that in turn involves other parties for taking entry in that contract. This also happens when a
party whether does not believes the truth of his statement. As per the case, Kelvin's father Dan
had a small convenience store which got damaged due to fire. So, he established other new store
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and along with this he was applied for insurance of fire. But due to misinterpretation and
confusion, he filled wring form as there was question put by insurance organisation that had he
made any claims in context to this in the last 2 years. Here, he answered No as he was thinking
that that incident happened before two years. Where as in reality only 23 month has passed and
one month is still remaining. After that new store also met an accident of fire and when insurance
venture refused to return the claimed amount. Thus, Dan needed a legal solution which is stated
below :
 He can solve this whole issue out of the court.
 In addition to this, he can also claim for the recovery in the court by declaring its
misunderstanding and showing the proofs of damages and different documents related to
that accident.
P 5. Justification
There are solutions offered in order to reduce the issues of businesses effectively and
analysing it appropriately before making any final decision (Robson, 2010). In the above
mentioned cases, Calvin and Dan are facing various problems linked with their official work.
In the case of Calvin, manager should focus on all of the hidden facts by using a
investigation team so that real culprit can be catches. Apart from this, she is liable to give any
proper reason and also should give a notice before (approx 1 month ) firing him. In these days,
she can found the guilty as well. On the other hand, in case of Dan, due to confusion false form
got filled and as a bad consequence, insurance company denied from giving compensation to
him. For this, he can either settle his issues outside the court. Additionally, he can show the
evidences of fire accident in front of court and claim for his compensation amount.
P 6. (a) Conception and advantages of utilising Alternative Dispute Resolution Process
ADR can br simply defined as the procedure of resolving conflicts and disputes between
two or more parties and has been using by different nations for maintaining peace environment
in society as well as corporation (Siedel and Haapio, 2010). Most of people are utilising this
method as this aids in bringing harmony and creating a dispute – free atmosphere where all
individuals work together. There are main tools that is being used in this process which is
discussed below :
 Arbitration : In this method, judges or any voluntary party get engaged in order to work
out on the conflicts that arises between two parties. Judgement provided by experts is
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constricting on two firms and is also enforceable by legislation. This could be
compulsory or a person can also involve judge in this technique (Alternative dispute
resolution. 2017). But it is to be noted that settlement is going to be done from outsider
party and not from the authorities or court. This is considered as a fast, cheap and flexible
method of solving disputes. In these activities, proceeding must be keep confidential and
should not be unveiled to the public. Here judges or involved voluntary parties should
view all relevant facts and figures. Additionally, they also need to use their own skills
and knowledge in this regard.
 Mediator : There is involvement of a third party or a mediator who are responsible of
solving the issues and conflictual situation that occurs between two parties. They assist
ventures in settling their contraventions and offering them fair decisions so that a win –
win situation created for both or all the parties. Hereby meetings is being designed or
arranged and mediators is going to investigate the whole scenario and at last they give
their judgements (Snyder and Deaux, 2012). This has been examined that conflicts get
easily resolved without facing any complications. Apart from this, rule of confidentiality
also exits here and no one is allowed to disclose any of the matter regarding particular
case to the public. By this way, agreements are being solved via firms themselves,
therefore, it aids in maintaining positive relationship among the work forces.
 Negotiation : In this procedure, no other third party or nay mediators are allowed to
involve in taking decisions associated with the resolution of issues and struggles. In this
technique, contractors of two venture is able for settling their own problems by the means
of negotiation. They used to discuss important facts and data, records and documents in
order to make a deal or concord. By this, both parties gets satisfied as all the issues get
solved via mutual or common understanding of both parties only (Spalding, 2011). Thus,
there is no need of some one from outside the enterprise for doing the same. At the end,
there remains no clashes and both members of both group get happy as their disputes get
resolved without any mediator. Some of the benefits of this alternative dispute resolution
are stated below :
◦ Judgements in minimum time period : Less time get consumed as there is no need
to any discussion with the third party or outsiders. Thus, fast or instant decisions are
taken by both parties via negotiation. In addition to this, there is not any requirement
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of court also. Thus, parties get satisfied and feel happy through this process of
settlement.
◦ Confidentiality : In these techniques of ADR , every thing is kept private or
confidentiality is being maintained through out the whole procedure (Alternative
dispute resolution (ADR). 2017). Nothing is getting revealed to common public so
that other one can not do any misbehaviour with the involved party either physically
or verbally. Thus, in turn keep satisfied and happiness among all the members.
◦ Minimum persons : It involves few persons as the cases or problems are being
solved either by third party or by both the parties itself. Therefore, less number of
individuals are getting engaged and take fast judgements without consuming more
time.
b) Recommending effectual solutions to different business issues
In the mentioned case study, Antwon and Tyrell were running their businesses from a
long time period but while their course of trading operations, a problem emerges that is
consuming more time for its resolution (Swartz, Cole and Shelley, 2010). Thus, it is generating
situation of conflict between both parties and this in turn acting as a hindrance and hampering the
work of their companies. In the given condition, it is recommended to both party to use
arbitration process. By this way, they can reach to the most appropriate solution that can be
accepted by both of them. Tyrell and Antwon can hire an arbitrator and describes or show them
all the information associated with their conflicts. Thus, in turn that recruited individual can be
able to understand each of their points of view and could solve the disputes by offering them
efficacious solution at the end. By this way, they could be capable of operating businesses
effectively and can also maintain long term positive relationship with one another. As this is a
very less expensive technique, then much of the revenues of corporation can be saved easily and
they can utilise the same amount in other tasks in effective manner. In addition to this, much
amount of time gets also saved as minimum period of time is getting consumed here (Ye and et.
al., 2011). Also there is no need of going to the court again and again and resolution or
resettlement of issues can be done efficaciously.
At last, this can be said that alternative dispute resolution is an impressive scheme for
reducing the fights among different parties in few time periods only. There by, it can concluded
that Antwon and Tyller should adopt such a strategy of ADR.
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CONCLUSION
From the going through the above based report, it can be summarised that legislations or
laws is very important and should be followed by all members living in a nation and companies
operating within country as well. Various norms like occupational health and safety, acts relating
to employment, harassment, workers' compensation, equal opportunities, etc. are imposed by
government bodies in order to maintain peace and corruption free environment. Thus, every firm
has to adopt such rules or regulations and should contribute in doing the same. Different cases
has been solved in this report by providing best remedies for its resolution.
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REFERENCES
Books and journals
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Crane, A and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
DiMatteo, L.A., 2010. Strategic contracting: contract law as a source of competitive advantage.
American Business Law Journal. 47(4). pp.727-794.
Eren, S. S and et. al., 2012. Caching message fragments during real-time messaging
conversations. U.S. Patent 8,255,473.
Foss, N. J and Knudsen, C. eds., 2013. Towards a competence theory of the firm (Vol. 2).
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Grundfest, J. A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
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Johnson, L., 2013. Unsettledness Delaware Corporate Law: Business Judgment Rule, Corporate
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Kinicki, A and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Mann, R. A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Nichols, P.M., 2012. The business case for complying with bribery laws. American Business
Law Journal. 49(2) pp.325-368.
Robson, R. A., 2010. Crime and punishment: rehabilitating retribution as a justification for
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Siedel, G.J and Haapio, H., 2010. Using proactive law for competitive advantage. American
Business Law Journal. 47(4). pp.641-686.
Snyder, M and Deaux, K., 2012. Personality and social psychology. In The Oxford handbook of
personality and social psychology.
Spalding, A. B., 2011. The Irony of International Business Law: US Progressivism, China’s New
Laissez Faire, and Their Impact in the Developing World.
Swartz, L. B., Cole, M. T and Shelley, D. J., 2010. Instructor satisfaction with teaching business
law: Online vs. onground. International Journal of Information and Communication
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Online
Alternative dispute resolution (ADR). 2017. Available through
<https://www.citizensadvice.org.uk/consumer/alternative-dispute-resolution/settling-
out-of-court/>.
Alternative dispute resolution. 2017. Available through
<https://www.businesscompanion.info/en/quick-guides/consumer-contracts/alternative-
dispute-resolution>.
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