Business Law Assignment - Sources of Law in UK
15 Pages4710 Words251 Views
Added on 2020-11-12
Business Law Assignment - Sources of Law in UK
Added on 2020-11-12
ShareRelated Documents
BUSINESS LAW
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1TASK 1............................................................................................................................................1A) Presenting the meaning and importance of the statement “Parliament is sovereign” andsources of law in UK...................................................................................................................1B) Role of government in making law and application of statutory and common law in justicecourt............................................................................................................................................3C) Illustrating impact of different laws on business organisation...............................................5TASK 2............................................................................................................................................6Exploring the nature and formation of different types of businesses..........................................6SECTION 2......................................................................................................................................8Case 1 Recommending appropriate legal solution to Champion Ltd.........................................8Case 2 Suggesting legal advice to Amber Ltd............................................................................9CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................12
INTRODUCTION Organisations needs to deal with different laws and regulation when conducting theirbusiness operations. These laws are related with employment, health and safety, equity, contractetc. All these laws together are termed as business law. The legislation in UK are made throughthe act of parliaments which is defined the prime body for making law. The present reportincludes the expatiation for this prime power given to the UK parliaments along with differentlaws of UK. The implication of company, contract and employment law on business is definedwith consequence of not abiding with the same. Various type of businesses is defined with theiradvantages and disadvantages and difference between incorporated and unincorporated andincorporated is presented. Moreover, for two difference case scenarios legal advise is presentedand with that alternative dispute resolution method is also recommended with providingjustification for the same.SECTION 1TASK 1A) Presenting the meaning and importance of the statement “Parliament is sovereign” andsources of law in UKSovereignty: This s a political concept under with a specific body is given the ultimate poweror authority in the decision making process for a nation or state. This is also referred as thesupremacy power over a political body. The sovereignty bestowed supreme, uncontrollable andabsolute power under which an independent state nation is governed the authorised body withprime powers.Parliamentary sovereignty: the conception of UK's parliamentary sovereignty is not new it is being continued formpast 300 years and was legalised back in 1869. The ultimate power to make, alter or annul a lawis given to the parliaments. This is because of the reason that the reason that the UK constitutionis not present in a single codified form. This means the all the rules, legislations and regulationsof the UK are not present as written constitution (How does a bill become a law?, 2018). Thereason this supreme power is given to the parliament is to make laws which can not bedisrespected or not followed by anyone in the UK. The statues made by the parliaments are saidto be non justifiable as they can not be challenged in the court and this was established in the1
case of Picking V British Railway Board. Furthermore, the parliament can not bind its successorsas not to change or alter the laws made in the prevision parliamentary sessions.UK laws: There are different forms of laws in the UK which can be described as:Statutory:Thses are the laws act or statues which defines the provision about specificsaspects of business , human rights, trade and commerce etc. This are absolute in nature whichmust be followed in is actual from without any modification (Sabel and Cohen, 2017). These aremade through primary and secondary legislation. Primary legislation: it is also refereed as act of parliaments and is the ultimate body formaking laws in UK. The acts and legislation made through act of parliament are independent innature which must be abide by all courts and no one can overrule any provision of act made byparliament. Delegated Legislation:This is the authority and power given by the parliaments togoverning authorises, ministers and public bodies to make laws and legal provision of aparticular legal or physical area. These are the statutory instruments made under the authority ofparliamentary supremacy. Common law: under this inclusion are civil and criminal laws which provides the legalframework to be used by court for making and solvating the case of civil wrong as well ascriminal offences. These laws are made though the decision and ruling of lawsuits by the court.The decision by the of the court have a biding effect on the courts of lower level throughdoctrine of judicial precedent. The lowers courts are required to consider the decision of previouscase law having same subject matter in which ruling have been pronounced.Equity: It is denoted as a system of justice with exercising extraordinary jurisdictionadministrated by the court of chancery which gives preference to the law of equity to each andevery person in the UK. In this a set of legal values are defined which must be to be followed byall jurisdiction the adhering to English common law tradition (Jansen, 2017). This apply strictrules of the law to achieve a natural justice even if it requires harsh application on the law. Thesources for this law are the rules of equity and natural justice oft civil wrong and criminaloffences.2
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Assignment on Business Law - Docslg...
|14
|4953
|208
Business Law & Sources of Law - Assignmentlg...
|15
|5311
|439
BUSINESS LAW INTRODUCTION 1 SECTION 11 TASK 11 Alg...
|17
|5462
|213
English Law Legal System Assignmentlg...
|15
|5094
|321
Conceptual Framework of Parliament is Sovereignlg...
|13
|3955
|25
Solved Business Law - Assignmentlg...
|16
|5280
|64