English Law and Business Ethics
Added on 2020-10-04
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BUSINESS LAW ASSESSMENT
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................3P1. Different sources of Laws.....................................................................................................3P2. Role of government in law-making and how statutory and common law is applied in theJustice Courts..............................................................................................................................5TASK 2............................................................................................................................................6P3. Potential impact of company, employment and contract law on business...........................6TASK 3............................................................................................................................................8P4. Appropriate legal solutions for business problems...............................................................8P5. Providing justifications for the use of appropriate legal solutions.....................................10TASK 4..........................................................................................................................................12P6. Recommending legal solutions based upon a different country’s legal system and or adifferent legal framework..........................................................................................................12CONCLUSION..............................................................................................................................13REFERENCES..............................................................................................................................15
INTRODUCTIONBusiness law is a regulatory concept which ishelpful in effectively regulating theenterprise activities for any company. These laws assist an organization to work properly and inlegal manner. For any commercial enterprise, there are various laws and regulations that aremandatory for them to follow as this will assist in running their company smoothly. These legalinstructions include the laws that aid them in governing these firms on how to start, buy, manageand close or sell any type of project. It is very important for any firm to have an effectivemanagement which can only be achieved by applying these laws in their system through whichthey can improve their overall performance.Present report will talk about various sources of laws and will also explain the role ofgovernment in law-making process and how statutory and common law is applied in justicecourts. Besides these topics, it will also discuss about the potential impact of employment andcontract law on business activities. It will suggest suitable legal solutions for enterprise problemssuch as, termination of contract, rescue from insolvency and liquidation, etc. and providingjustification for the use of appropriate resolution. This document will also recommend judicialsolutions based upon a various country’s legal system and or a different legislation framework. TASK 1P1. Different sources of LawsThere are many sources of law in any society. Some laws will be written in thecountry's Constitution; others will be passed by the legislature, usually the Parliament orCongress, others will come from long social traditions (Twomey, Jennings and Greene, 2016).Sources are known to be an origin point from where law has been derived. The principal national sources of UK law are as follows:Statutes: These laws are originated from the UK Parliament and devolved legislaturerespectively. Delegated legislation: Any law passed by a lawful government which is different fromEnglish common law will take precedence over communal legal document. It isconsidered to be the prime source of UK laws. All the legal documents under this sectionis derived from competent authority. It can have various purposes, for example:regulation, authorization and provision of funds, sanctioning, granting, declaring or
restricting any particular regulation. Parliamentary legislature formulates many newrules, which include Act of Parliament for amending, repealing laws that are obsolete.Legislature may provide powers to other legal lower bodies sanctioning in different areasacross a particular nation. In United Kingdom, such delegation consists of Orders inCouncil, Statutory instrument and Bye-laws. Case Law:These Judicial precedents are based on Doctrine of Stare deciding and theyare related to Jurisdiction which relies on Common Laws. These concepts are adopted bysystem of Civil Law. Precedent can be defined as law principles that is formulated fromdecisions that have been made earlier. Judgement which are passed are generallyrecorded which becomes significant for application in practical scenarios (Beatty,Samuelson and Abril, 2018). Every authoritative precedent act as a guide for thoseindividuals who are involved in decision-making. As compared to other law sources, ithas advantages of flexibility as well as adaptability, which may allow a judge forapplying the concept of providing justice rather than implementing law.Customs:It is also known as 'general custom' and can be normally written. These areinvolved in tradition of individuals which belong to a particular society and are practicingsince many years. Therefore, the existence of such laws has become immemorial and arepracticed as a strong legal document among them (Hannigan, 2018).Other than this, there are some international sources of UK laws that are also present; forexample,European Union (EU) Law: It is known to be an important example of InternationalLaw. Any European country that joins European Union has to follow every rule, which isrelated to this community such as directives, precedents, decisions and other treatyprovisions. It provides them an opportunity to coordinate together for several purposes(Golynker, 2015).Treaties:Government of a state or a country can sign many international treaties but theyare used for some circumstances only. These can be related to maintenance of peaceamong neighboring countries or successful conduction of trade activities that can bebeneficial for both member nations and their natives.
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