Business Law Assignment : Definition & Purpose

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
a. Definition and the purpose of the law......................................................................................1
b. Origin points of various Laws.................................................................................................1
c. English laws that a business organisation must comply with..................................................2
d. Government role in law making and application of Statutory as well as Common laws........3
e. Application of statutory as well as Common Laws in several judiciary courts of UK............3
f. Employment and Contract law.................................................................................................4
a. Legal solutions for business problems.....................................................................................5
b. Justification of legal solutions.................................................................................................6
c. Recommend legal solutions based upon a different country’s legal system...........................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Business Law is very important for handling several issues, which are related to proper
functioning of legal framework of an industry to protect basic rights of employers as well as
employees (Adams, 2016). It is considered to be an inseparable part, which has to be strictly
followed in order to maintain a stable working environment for a greater productivity.
This report discusses about sources of these laws from where they have been originated
apart from that importance of government in making various rules and regulations for several
industries. Along with this, employment and contract policies have been depicted, which
highlights basic right which both of them can enjoy.
TASK 1
a. Definition and the purpose of the law
Law is considered as a body, which comprises of various principles that are recognised as
well as applied by several nations to administer justice. This is considered to be structure for
recognising and acting upon by many courts of justice. However, there are various business laws
such as employee rights act, European union act, corporation acts etc. are needed to be
considered by an organisation.
The purpose of law includes:
 Maintenance of several laws and associated laws in a particular society
 Maintaining status quo in a society
 Enabling many individuals for enjoying maximum freedom
 Protecting basic rights of citizens
b. Origin points of various Laws
These have been derived from many sources that are discussed as following:
Legislation- It is a body, which formulates laws and lead them to be made applicable for
practical usage. It is comprised of the following:
Primary Legislation- Considered as one of the basic source from where every new rule
has been originated and is considered to an of of parliament, which is very active for amending
old laws as well as formulating new ones for resolving various issues in a nation and protecting
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basic rights of natives. It includes several processes such as codifying, consolidating, reforming,
collecting revenues and other special types of legislation.
Secondary Legislation- It is a delegated legislation. Under this regulating structure
Powers are distributed among authorities that are working locally as well as numerous public
bodies are taken in concern for providing certain powers for special purposes and maintenance of
policies.
Case Law- It includes several judgements, which are introduced by High Courts after
interpreting several statutes (Cheng, 2018). Every decision, which is made for all lower
authorities are required to be implied for several activities performed in different areas.
According to the doctrine of judicial precedent, a judge is responsible for providing a correct
verdict for different type of cases.
Custom- It is known to be behaviour and habits that are followed by a particular society.
This is known to be a born source of many common laws and is regarded as the oldest form of
English laws. They are applicable entirely or on particular areas.
c. English laws that a business organisation must comply with
European Union law- This authority makes various types of laws for protecting basic
rights of their countries and benefiting them in trade activities by implementing laws that reduces
all barriers and facilitates the process. It is considered to be the part of English Legislation,
which aims to solve issues between member nations for better coordination. It is comprised of
three sub authorities, which are European Commission, Council and Parliament that serves a
neutral verdict for every conflict.
International Treaties- These are formed by interested nations in order to form some
common laws in their respective countries, which are followed as the same. It leads to protect
violation of any rules or exploitation of basic rights that can be misused by a stronger nation. It
leads to equalise every member states and facilitates several business activities such as exporting
and importing by implying less tax that foster their economic aspect.
Contract-laws- These laws are very important in order to successfully form and
complete certain agreements, which are considered to be essential for facilitating activities which
are performed in business. Contracts are known to e legal documents that define the structure of
several official deals between two different corporate parties that is needed to be considered in
order to avoid violation of any particular rights.
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d. Government role in law making and application of Statutory as well as Common laws
It is known to be an authorised body, which is present to check effective application of
laws on real scenarios and makes sure that they are successfully implemented in every areas and
activities of a nation.
Following are the roles of the government:
 It leads to provide information regarding several political to various parties before
formulating any new law in a nation so that they are priory informed before any
parliamentary session.
 It provides a successive resolving of several legal issues arises between different political
parties or authorities. It leads to proper identification of all problems and provides a
commonly accepted verdict.
 Taking advices from various delegates is very important; government tends to call a
meeting for this purpose so that formulated law can be effectively applied on nation.
 It leads to focus on proper implementation of rules, which are introduced in parliament
session for certain scenarios and other legal problems.
Moreover, there has been various stages and steps which are incorporated in law making in
UK parliament. It includes Drafting bill, First reading, house of commons, second reading, third
reading and finally it will faced by Royal ascent means after approval of Queen.
e. Application of statutory as well as Common Laws in several judiciary courts of UK
Statutory Laws- These are considered to be those rules, which are generally formulated
by government agencies and are known to be written laws. They can be predefined under many
acts that are generally old. Some of the acts, which come under this legal structure such as:
Employment Act, Industrial Act, and Labour Act etc.
They are substantive at operation level that can probably be prescriptive and has
origination from legislature or government. They are used by many judges for taking references
from past cases to decide the verdict for present ones (Digna and Lowry, 2016). It acts as a
guiding source and statures that are considered to be one of the primary sources. Statutory laws
are known to be generated from precedent amendments or judiciary. They can be effective for
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providing a strong judgement for several complex cases. For example, cases in tribunal law such
as Pereira de Souza V Vinci Construction
Common Law- This is another type of law, which are also known to be civil law and is
applicable to basic rights of every citizen. They are developed regularly in order to control every
segment of a society to make sure that no such violation occurs, which can harm these special
privileges of native people.
It is considered as the result of codification of other statutory rules into related law codes.
It focuses on successful execution of every legal process. There are many procedural ruled that
helps a court for impactful exploitation of powers for managing the aspect of preparing
judgements for criminal cases, which are needed to be investigated in order to avoid any
unnecessary delaying of judgements. For example, Tribunals, court and Enforcement Act, 2007,
Tribunals and Inquiries Act, 1958.
f. Employment and Contract law
These laws are considered to be very important in order to maintain the working structure
of an organisation to be very effective. Their impact is considered to be fruitful for several
situation order to manage them effectively.
Employment law provides protection to basic rights of employees as well as employers
who are bonded with a formal relation. The difference of interest leads to create conflict and
even exploitation of lower level of workers from management or higher authorities. Therefore, it
is very important for creating a good and understanding relationship of each of them which can
make their mutual coordination to be strong and much more effective. Every employee should be
provided basic rights such as a proper working schedule, leaves, compensation and various other
policies that can give a better mental as well as emotional motivation to work in such a manner
that can bring up some impactful completion of task for accomplishing the goals of an
organisation. It makes sure that employee must be provided equal privileges like an employer.
Many malpractices such as humiliation, discrimination as well as violation of every aspects
which are associated with a worker.
On the other side, contracts are necessary part of a business action as it leads to provided
a formal agreement between various corporate parties that is done to make it for many formal
deals regarding goods or services. Contract leads to acknowledge limitations and the guidance
under which that particular task has to be completed (Elliott and Quinn, 2017). For the proper
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function of the contracts; contract laws are made that lead to explain various features which are
needed to be implemented in practical scenarios. It enlightens every group regarding how to
maintain it, make it or even terminate it. It leads to avoid certain conflicts by providing an option
of negotiation before ending any agreement between two entities. However, the impacts of
Tribunal laws, employment laws and contract laws on an organisation which will be helpful in
uplifting the operational activities as well as management of various operations. It will bring the
legal influences that will affect in making suitable development of various activities.
TASK 2
a. Legal solutions for business problems
Here in the four provided cases there were various problems which were needed to n
solved so that there not be adverse impact on any functioning of organisation.
In the case 1 it was related to constructive dismissal which occurs when worker resigns
because of the recruiter that creates a work environment which is hostile. In this case,
termination was not voluntarily done and is considered to be an indirect termination. In such
scenarios employer provides unreasonable or extraordinary demands on work so that worker
can resign easily. There can be three solution for solving these cases which are discussed as
below:
Reinstatement- It means that re-employment of worker to the same organisation and job
for which he was terminated unfairly. It is known to be primary remedy for the providing the
solution for this act. This permits every employee for continuing the enjoyment of benefits which
are provided economically and leads to place the same level of mental satisfaction.
Re-engagement- This solution is adopted when re-employment is not considered to be
applicable. It is considered as the process in which the employee rejoins the organisation but for
different role from the one which he was terminated.
Compensation- For this the employee will ask for the monetary benefits against the
termination loss which is done on the basis of recruiter not the employee (Elliott and Quinn,
2017). It is known to be a certain amount which is claimed or given in order to overcome the
loss which has been done though certain action of the company.
In case 2, it can be considered as a scenario of fraud in which producer has not provided
the important information regarding any service or product. For this, there are various legal
solutions such as, the manufacture must provide a complete information and the user must
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acknowledge its every aspect from the producer. A producer should provide authentic
information and should know the purpose for which customer is going to buy his goods. The
goods or services should be checked in terms of quality for improving the purpose for which it
has been produced. A consumer can claim compensation for any damage which has been done or
the replacement.
In case 3 for making the financial stability to be more string it is very necessary to follow
certain steps such as maintaining and controlling the cash flow of a firm hiring special experts
who can provide effective guidance for investment as well as future opportunity. Present
accounting methods can be improved by making it more automated than manually done.
In case 4 Negotiation is the major solution as it can lead to create some mutual agreement
which is based on the fulfilment of basic conditions and terms of both the parties. It is process
which leads to make union of mind of both the parties. Apart from these prior notice can be sent
in order to provide other party a chance for improving the contract and also leading to make
them find various alternate options for the deal.
b. Justification of legal solutions
For many cases here recruiter leads to violate the basic rights of an employee then,
employment law protects him from several malpractices of the recruiters. In the case of
constructive dismissal there are many solution that lead to provide the same position of that
employee which is known to be reinstatement but as hiring is very regressive he might not get
that same profile or would not be mentally satisfied after this type of termination policy (Robson,
2015). In the re- engagement profile is lost and the employee has to learn other skills for
performing any other job , which can lead to compromise his carrier. Compensation can provide
the employee monetary benefits but cannot lead to give the job in that company.
On the other side it is very important for a buyer to know every aspect of the item which
he will going to buy as it will help him to take the decision of the quality of a product (Harten,
2016). This can lead to avoid any defects or fraud Some times a strong communication is
necessary to be build in order to provide the tight product for the buyer.
Financial stability is an important aspect of every organisation s it leads to provide a
strong financial status of a company. The recommendation which is provided can be very useful
but requires a lot of cost for implementation which may not be afforded by every company. Also,
apart from this negotiation in another case can be very helpful in determining and leading an
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unison of mind but it consumes a lot of time because for this many meetings are needed to be
conducted for successful negotiation.
c. Recommend legal solutions based upon a different country’s legal system
Variation due to Geographical Structure- The differences in the geographical
boundaries can result in variation in the demographic characteristics as well as behavioural
aspect of the local people which can lead to affect the structure of law in many ways. Every local
areas has several societal concept which facilitates law making by the government that results in
providing a lawful surrounding which is considered as a positive point for the people. Every area
practices many activities which requires varieties of rule which re needed to controlled in many
ways. Therefore, it is very important to make laws according to geographical aspects for
successful implementation.
Establishment of Institutions- Every area requires several local governing bodies that
can provide direct access to residents of nation. These bodies are formed in order to provide
decision fro various societal problems which are needed to be solved in order to maintain peace
in surroundings (MacIntyre, 2015). These institutions works like a government and provides an
immediate solution which leads to make a good impact on local natives.
Role of Unions- These are made to protect the rights of its member and is know to be a
government registered body that seeks to protect interest of their individuals who has joined the
union. These union bodies are the representative of the interest every person who wants to enjoy
his rights and protection against its violation.
Involvement of citizens- Natives are known to be building structure of a nation therefore
they should have equal participation in law making or providing any kind of suggestion, advice
or improvement source. They send a preventative of them in parliament which facilitates the
process of bill enactment.
CONCLUSION
It has been concluded that business law is very essential for proper maintenance of every
organisation. Apart from this laws have certain purposes such as protection against any kind of
violence. Also, they have various sources of origination such as legislation, international or
national sources . Apart from these government has an important role in making the laws and
there are several applicability of statutory as well as common laws.
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REFERENCES
Books and Journals
Adams, A., 2016. Law for business students, Harlow: Pearson Education Limited.
Cheng, K. K. Y., 2018. Legitimacy in a postcolonial legal system: public perception of
procedural justice and moral alignment toward the courts in Hong Kong. Law & Social
Inquiry. 43(1). pp.212-228.
Dignam, A. J. & Lowry, J. P., 2016. Company law, Oxford: Oxford University Press.
Elliott, C. & Quinn, F., 2017. Contract law, Harlow, England: Pearson Education Limited.
Elliott, C. & Quinn, F., 2017. English legal system, Harlow, England: Pearson Education
Limited.
Harten, N., 2016. Disability and the employer's duty-a comparison with Ontario, Canada:
employment law. Without Prejudice.16(7).pp.9-12.
MacIntyre, E., 2015. Essentials of Business Law Mylawchamber Pack, Harlow: Pearson
Education Limited.
Robson, R., 2015. A new look at benefit corporations: Game theory and game changer.
American Business Law Journal.52(3).pp.501-555.
Slapper, G. and Kelly, D., 2018. Q&A English Legal System 2009-2010.
Van Uytsel, S. and Wrbka, S. eds., 2016. Networked governance, transnational business and the
law. Springer.
Online
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What is legal Pupose?. 2018. [online]. Available Through <https://thelawdictionary.org/legal-
purpose/>
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