International Business Transactions Analysis

This assignment requires a comprehensive analysis of international business transactions, drawing insights from various disciplines such as organizational behavior (Kinicki & Kreitner), taxation (Scholes), real estate transactions (Smith & Malloy), law and economics (Posner), and alternative dispute resolution (Feliciano Jr., Fisher). Students should utilize case studies and legal materials to evaluate potential challenges and solutions in cross-border business transactions.

·BUSINESS LAW
l壱
1

Table of Contents
BUSINESS LAW........................................................................................................................ 1
INTRODUCTION....................................................................................................................... 4
Section 1...................................................................................................................................... 4
P1 Explanation about the structure of the English legal system and discussion about the
source of laws that organisation............................................................................................... 4
P2 Explanation about the role of government in law making and how statutory and common
law is applied in the Justice court............................................................................................ 5
Add statuary law..................................................................................................................... 6
Common law .......................................................................................................................... 6
Section 2...................................................................................................................................... 6
P3 Brief explanation about the employer’s legal obligation in the relation to ........................6
a) I) Occupational Health and Safety ...................................................................................... 6
II) Workers compensation ..................................................................................................... 7
III) Harassment........................................................................................................................ 7
IV)Equal opportunities ........................................................................................................... 7
b)Explanation about how the relevant employment and contract law will have a potential
impact upon the business......................................................................................................... 7
Section 3...................................................................................................................................... 8
P4 Suggestion about the appropriate legal solution for each of the above business problems. 8
P5 Explanation about business solution by either referring to a relevant statute or using an
appropriate case....................................................................................................................... 9
Section 4 P6................................................................................................................................. 9
a)Explanation about the concept of using alternative dispute resolution process.....................9
b)Recommendation an alternatives legal solution to the business problems...........................10
CONCLUSION.......................................................................................................................... 11
REFERENCES.......................................................................................................................... 12

·INTRODUCTION
Business law is very significant aspect in the present time by which any business
enterprise can effectively protect and keep secure its business activities and function. Business
law is a structure that is used to protect the citizens as well as organization within the country.
Below are explained several legal structures and their impact upon the business organization,
contracts and citizens in the country (Smith and Malloy, 2013). In addition to this,I explained the
role of government in law making and application of statutory and common law. The main
objective of this assignment is to understand the importance of English legal system and business
law upon the business activities as well as citizens in the country.
·Section 1
·P1 Explanation about the structure of the English legal system
English legal system is very important system through which several courts can establish
for take the decision. With help of this system, fair decision can be done according to the
conflicts of parties. In this structure, Supreme Court is positioned at the top level and their
decisions have to follow by other lower level court. With help of the superme court final
decision regarding the situation can final out the parties.T he fair decision can done by the
superme court. (Haag and Sund, 2016.). After the supermen court, court of appeal is positioned
in the hierarchical structure and it divided into civil and criminal divisions. All lower level
courts have to follow the decisions of both divisions. While there is any conflict situation arises
between two previous decisions then court must decide which decision to follow and which to
overrule. If the previous decision has been overruled by the House of Lords then appeal court
must have to follow the decision of the superior court. The divisional courts are located within
three division of the high court. Magistrates and country courts do not bind any other court and
are not bound by their own decisions.
There are various source of law which are discussed below-
Primary legislation- This kind of delegated legislation is developed by the deliberate assembly
of the country. The legislation has emerged as the chief source of law. With help of the
legislation, country’s citizens and organisations can securely and safety carries out their working
as well as business activities (Haigh, 2015). Legislature emerged as an organ of the government.
3

It began transforming the customary rules of behaviour into definite and enacted rules of
behaviour people.
Equity- Equity refers to the word of fairness and sense of justice. In order to decide the cases,
judges interpreted and apply laws to the specific cases. With help of equity law, anyone can have
right to get equal rights regarding their work. Equity is used to provide relief to the aggrieved
parties and such decision perform the functions of laying down rules for the future.
The most significant source of English Law is the European Union Law. European Law takes
precedent over any laws of each country that is part of European Union. We have different cases
where it happened that corruption takes over the Parliament of a country and changes want to be
made to justice law as an example. The European Union will take actions against those countries
i.e Hungary. The European Parliament striped of the rights of voting of Hungary in the
European Parliament because of a serious deterioration of rule of law in this country.
l壱P2 Explanation about the role of government in law making and how statutory and common
law is applied in the Justice court
Government plays a very crucial role within the country in order to develop the law
regarding several activities and functions. According to the situation and conflicts arises in the
country, government takes the decision about law development. This law develop for the
purpose to protect the citizens of the country (MacCormick, Summers and Goodhart, 2016). In
the procedure of law making, bill is the first draft which is forward in the parliament. A bill is
the draft of a legislative proposal and it has to pass through various stages before it becomes an
act of parliament. There are major three stages through which bill have to pass in the house of
parliament. These stages are discussed below-
First reading- The legislative procedure starts with the introduction of a bill in either house of
parliament that is the lok Sabah and rajya sabha. A bill can be introduced either by a minister or
by a private member. It is necessary for a member in charge of the bill to ask for the leave of
the house to introduce the bill (Qi, Roth and Wald, 2017). This bill is forward to the house of
parliament for first reading. This bill organised in the house of common. This is very significant
stage in the law making by government and in the absence of this phase it is impossible to
develop the law by government.

Second reading – In the second phase, debates can occurs in order to evaluate the viability and
feasibility of the bill. This debates occurs in the house of lord. The statement can design
according to the debate (Zhu and Zhu, 2016). On the basis of the debates, final decision can take
in the house of lord. Voting procedure can start in the house of lord in order to take final
decision.
Third reading-Once the second reading is accomplish then in the next stage, third reading start
in the house of lord. For accept and reject the bill in the house of lord, voting can conduct.
Passing a bill- This is one of the most important stage under which bill may start for finalised. In
this stage, bill is announced in the house of lord and according to which legislation can apply
upon the countries citizens as well as organization.
l壱Add statuary law
Statutory law and statute law is oral and customary law published by the executive and common
law of the judiciary. This law may originate with national, state legislature and local
municipalities.
l壱Common law
This is the best legislation that assist to the individual in getting the best solution of the problem
in the critical condition. bill is announced in the house of lord and according to which legislation
can apply upon the countries citizens as well as organization.
·Section 2
·P3 Brief explanation about the employer’s legal obligation in the relation to
·a) I) Occupational Health and Safety
In the UK government have developed several kinds of the legislation and law in order to
provide protection and security to the employees within the organization. Occupational health
and safety of employees is great responsibility of management and it have to provide full
protection to employees regarding their health and safety (Reuben, 2014). There are some
legislation developed like health and safety act 1997 according to which any employees have
right to get remedies and expenditure if any accidents and hazard with them happened. In a
simple word it can be said that while any accident and uncertain hazard occurs with any
employees then they have right to get remedies and expenditure for their recovery and treatment.
5

l壱 II) Workers compensation
In the UK government have developed several kinds of the legislation and law for the
employees and workers related to their wages, salary and compensation (Loafman and Altman,
2014). While any employees do extra work within company then it is their right to get
compensation and incentive for their extra working hours.
l壱III) Harassment
This legislation aids to the employees in overcome harassment kind of act at the workplace
(Fisher, 2017). As per this act employees have right to sue against any personnel’s either they
are manager and other top management authority if they harass to that employees at workplace.
Harassment at work can be: spreading malicious rumours, criticism unjustified, physical
violence, racisms or homophobic comments and jokes, sexual advances or comments.
l壱IV)Equal opportunities
UK government have also developed a legislation to provide equal opportunities and right
within the company. As per the equal opportunity legislation, every employee have equal rights
to get facilities, appraisal, salary and other benefits within the company according to their
efficiency and capability. In the country some of the company assumes that male employees are
more capable as compare to the female candidates (Bird, 2013). Due to which they gives more
preference to male candidate at the time of promotion, increment and higher opportunities. In
order to overcome this kind of mentality among the corporate sector, government have
developed the equal opportunity act through which male and female candidate are consider as
equal and they have equal rights to get promotion, increment, salary , incentive and other
facilities according to their designation and efficiency (Feliciano, 2017). If any organisation do
not follow the equality law and equal opportunity under the equality act and employment law
then legal authority can dismissal the license of the business. Furthermore, there are some
penalty and punishment which have decided by government.
l壱b)Explanation about how the relevant employment and contract law will have a potential
impact upon the business
As per the given case scenario of 16 year old girl who was employed at a fast food outlet to
cook fries at a frying range. She slipped on water leaking from an ice-making machine and
instinctively put out her hand to break her fall. Unfortunately her hand went into the deep fat

fryer containing oil at a temperature of 360°F and she sustained severe burns to her left hand and
forearm. The outlet was short staffed on the day of accident and the Team Leader was working
on the tills instead of monitoring workplace safety. If any organization do not follow the health
and safety practices of employees then legal authority have punished to organisatyion. In
addition to this, legal authority can dismissal the license of the business. Furthermore, there are
some penalty and punishment which have decided by government.
In this case as per the employment law girl have right to get remedies and expenditure
for her treatment. In this case, occupational health and safety act can apply on her condition
through which she can get the remedies and expenditure from the management of organisation.
Occupational health and safety of employees is great responsibility of management and it have
to provide full protection to employees regarding their health and safety (Scholes, 2015). There
are several legislation developed like health and safety act 1997 according to which any
employees have right to get remedies and expenditure if any accidents and hazard with them
happened. In a simple word it can be said that while any accident and uncertain hazard occurs
with any employees then they have right to get remedies and expenditure for their recovery and
treatment. Thus, it can be said that 16 year old girl have right to get remedies from the
organisation an if company do not give remedies for her recovery then girl have also right to sue
against a fast food owner and team leader (Smith and Malloy,2013). If she wants the girl needs
to claim compensation from the employer within three years from the date of the accident.If she
doesn’t belong to trade union she will have to use a injury lawyer.
The employer must be insured to cover this type of claim and he should have the certificate with
the insurance company somewhere were it can be seen at the place of work.The employer is
obligated to give the girl all details of the insurance company.
·Section 3
·P4 Suggestion about the appropriate legal solution for each of the above business problems
As per the Calvin case Donna have dismissed Calvin because of the theft. Calvin is a
designer working for a large fashion house. His employer Donna arrives at work on Monday
morning and finds Calvin acting suspiciously (Posner, 2014). Donna checks the petty cash box
and discovers that £100 is missing. Donna came into the room she dismisses Calvin without any
notice saying she ‘would not have a thief like Calvin working there any more. In this case,
Calvin have same rights on the basis of employment law.
There are major three types of dismissal which are discussed below-
Unfair dismissal- In this condition, employee is dismissed without fair reasons include poor
performance, misconduct, stealing or illegal drugs prolong absences due to illness etc.
7

Wrongful dismissal- It is the breach of contract claim. In this case employee have right to claim
while they are dismissed in breach of their employment contract (Kinicki and Kreitner, 2012).
Constructive dismissal- Constructive dismissal occurs while an employee quite because of gross
breach of contract by their employer.
In the case of Calvin, she can claim against the Donna according to the unfair dismissal because
as per the unfair dismissal employee is dismissed without fair reasons include poor performance,
misconduct, stealing or illegal drugs prolong absences due to illness etc. In such situation,
employees have right to claim against the organization (Lieberman And et.al., 2016).Another
legal solution for Dan is that he should hire arbitrator so as he can provide the best alternative
solution about the problem with insurance company. This strategy will aid to Dan in gaining
effective and appropriate solution of his problem that will be beneficial for him in the future.
Furthermore Dan should read all document effectively in the insurance company.
·P5 Explanation about business solution by either referring to a relevant statute or using an
appropriate case
By considering another case under the employment act, this act will applicable on the
other case of James who is computer programmers at Mega Bytes and he was dismissed without
any notice. His owner have claimed that James was incompetent and useless. In this situation
James have right to suit against employer under the employment act 1946.In this case, James is
possibly eligible to a potential claim for wrongful dismissal. He has right to claim againts his
employer.
In the Calvin case, he is provided with solution that Calvin can demand for proper notice
or valid reason for justification from his employers. This is the best option for legal solution
because in this option there is a opportunity to rebuild the relationship between employees and
employer. The other option provided to Calvin is that he can file law suit against the employer
under the unfair dismissal. This activity will assist Calvin in proofing himself as innocent.
Furthermore, with help of this option, Calvin can get remedies from his employer.
In the case of Dan it has been recommended that Dan should enter into a valid contract. This is
an Effective solution as in Such case Dan will have the option to file law suit against other party
for not fulfilling roles and Responsibilities. In these both case, they can get the legal solution
under the employment law because in this law there is proper solution and remedies for the

employee who work under the organization. If any kind of illegal and unethical circumstances
occurs then employee have complete right under the employment right act 1996 and
employment act of 1946.
·Section 4 P6
· a)Explanation about the concept of using alternative dispute resolution process
Alternative disputes resolution process is one of the best methods for find out the best
alternative legal solution of conflicts and disputes among the parties. It is one of the significant
method under which both party have no need to go to the court and they can easily get legal
solution in effective manner. In this process of the Alternative disputes resolution parties hires
the arbitrator who is responsible to give the legal solution of both party (Crane and Matten,
2016). Arbitrator is a person who hires by both parties for take the fair judgment according to
situation. Arbitrator hears both parties concern and issue and take the decision according to
situation. This is the best method to get fair decision and escape from long procedure of court. In
this method there is not need to go to the court of parties and they can easily arrive at final
decision of conflicts. If parties are not satisfied with the decision which obtained by the
arbitrator then they can go head to court or supreme court (Disch, 2016). The major advantage
of this arbitration procedure is that it assists to the parties in saving their time as well as image.
In the court, parties have to wait for long time in order to take final decision. But in the
arbitration procedure, parties can get the instant solution from the arbitrator. If parties are not
satisfied then they can go to the court for fair judgment.
l壱b)Recommendation an alternatives legal solution to the business problems
As per the above discussion it has been analyzed that Alternative disputes resolution
process is one of the best methods for find out the best alternative legal solution of conflicts and
disputes among the parties. It is one of the significant method under which both party have no
need to go to the court and they can easily get legal solution in effective manner. In this process
of the Alternative disputes resolution parties hires the arbitrator who is responsible to give the
legal solution of both party. While any conflictive situation arise within the business then
company can hire the arbitrator for get fast and quick decision. With assistance of the
Alternative disputes resolution parties can protect its prestige which may spoil to go to court
(Cheeseman and Garvey, 2014). They can save their time as well as their goodwill from the long
9

procedure of the court. Antwon, who owns a large investment firm, is having a dispute with
Tyrell, With help of effective legal solution patrties can get the effective solution of the conflict
situation.
Antwon and Tyrell have to maintain effective business relation but due to dispute they
are not able to continue their job. In this case they should hire arbitrator who can easily resolve
the issue of business and provide best alternative solution. Another method for find out the legal
solution is mutual agreement by understanding. Under this procedure, both parties have to take
mutual decision under which they have to acquire knowledge about the law from the secondary
information. This secondary information can acquire from the books, journal, online articles etc
(Coffee Jr, Sale and Henderson, 2015). With help of secondary information they can easily find
out the best decision in mutual manner. In this method they do not need to go to court and do not
need to pay fees of lawyer. Both of them can easily find out the alternative best legal solution by
mutual agreement and understanding.
·CONCLUSION
From this entire report of the business it has been concluded that Government plays a very
crucial role within the country in order to develop the law regarding several activities and
functions. According to the situation and conflicts arises in the country, government takes the
decision about law development. Business law is a structure that is used to protect the citizens as
well as organisation within the country. English legal system is very important system through
which several courts can establish for take the decision. From this report it has been also
concluded that Occupational health and safety of employees is great responsibility of
management and it have to provide full protection to employees regarding their health and
safety.

·REFERENCES
Books and journals
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Coffee Jr, J. C., Sale, H. and Henderson, M. T., 2015. Securities regulation: Cases and materials.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Folsom, R. H. And et.al., 2012. International business transactions: a problem-oriented
coursebook. ThomsonReuters.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Lieberman, J. And et.al., 2016. Business law and the legal environment.
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Scholes, M. S., 2015. Taxes and business strategy. Prentice Hall.
Smith, J. and Malloy, R. ., 2013. Real Estate Transactions: Problems, Cases, and Materials.
Wolters Kluwer Law & Business.
Bird, R. C., 2013. A Great Debt of Gratitude: An Interview with John Donnell. American
Business Law Journal. 50(1). pp.195-200.
Feliciano Jr, S., 2017. Alternative Dispute Resolution. The Catholic Lawyer. 33(1). p.10.
Fisher, T., 2017. Law and Economics of Alternative Dispute Resolution. The Oxford Handbook
of Law and Economics: Volume 3: Public Law and Legal Institutions p.280.
Loafman, L. and Altman, B. W., 2014. Going online: Building your business law course using
the Quality Matters Rubric. Journal of Legal Studies Education. 31(1). pp.21-54.
Reuben, R.C., 2014. Constitutional gravity: a unitary theory of alternative dispute resolution and
public civil justice. Ucla L. Rev.. 47.p.949.
Smith, J. and Malloy, R. ., 2013. Real Estate Transactions: Problems, Cases, and Materials.
Wolters Kluwer Law & Business.
Haag, K. and Sund, L. G., 2016. Divorce in the family business: unfolding the legal problems by
learning from practice. Journal of Family Business Management.6(1). pp.81-96.
Haigh, R., 2015. Legal English. Routledge.
MacCormick, D. N., Summers, R. S. and Goodhart, A. L. eds., 2016. Interpreting precedents: a
comparative study. Routledge.
11

Qi, Y., Roth, L. and Wald, J., 2017. Creditor protection laws, debt financing, and corporate
investment over the business cycle. Journal of International Business Studies.48(4). pp.477-
497.
Zhu, Z. G. and Zhu, W. Z., 2016. A Historic View of the US Business Ethical Laws and
Implications for Developing Countries like China. Review of European Studies.8(3). p.49.