Business Law : Assignment Solution
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Added on 2020-10-22
Business Law : Assignment Solution
Added on 2020-10-22
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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................3P1 Different Sources of Law.......................................................................................................3P2 Role of Government in Law Making and Application of Statutory and Common Law inCourts..........................................................................................................................................4M1 Evaluate the effectiveness of the legal system in terms of recent reforms anddevelopment................................................................................................................................6TASK 2............................................................................................................................................6P3 Role of Company, Contract and Employment law in business activities..............................6M2 Differences between legislation, regulations and standards to analysis potential impactupon business..............................................................................................................................7D1 Critical evaluation of the legal system and law.....................................................................7TASK 3............................................................................................................................................7P4 How various types of business organisation are legally formed?..........................................7P5 Who can manage the business organisation and how funds are managed in it?....................8M3 Advantages and disadvantages of different types of business organisation on the basis offormation.....................................................................................................................................9D2 Critical review and an evaluation of the different types of business organisations............10TASK 4..........................................................................................................................................10P6 Identification and recommendation of appropriate legal solutions for resolving a range ofdisputes using relevant examples..............................................................................................10M4, D3 Comparison of different sources of legal advice.........................................................11CONCLUSION .............................................................................................................................12REFERENCES..............................................................................................................................13.......................................................................................................................................................13
INTRODUCTIONBusiness law can be defined as the law which is applied in business entities, such ascorporations and partnership firms. It's main function and purpose is to protect rights andliberties, establishing standards and resolving legal disputes etc. when it comes to businesses. Itis necessary because it helps to operate day to day commercial activities. Some of the majorbranches of commercial law are Corporate, Tax, Property and Contract law. In this report all themajor decisions and advises regarding disputes will given on the basis of Senior Employee ofGlobal Solicitors. Also, in this file there will be detail information regarding different sources ofUK law with necessary role of government. There will discussion on various types of businessorganisation and how they are legally formed with helpful diagrams. Also, at the end disputeswill be solved by taking relevant case scenario. TASK 1P1 Different Sources of LawThe Legal system of UK contains a group of four countries. These four countries areEngland, Wales, Scotland and Northern Ireland. The application of all these laws are alsodifferent as some of them applies to whole of the four countries and some applies only to one,two or three countries only. Parliament is the supreme legal authority in UK and only theParliament has the right to enact any law it wishes. Such legislation is superior to all othersources of law and may not be challenged in the courts (Folsom, 2013). The law of UK is basedon four different sources which hare discussed as under: European Union Law: It is one of the major sources of Law in UK. It plays an important role inmaintaining peace environment in the United Kingdom. Around an estimation of 60,000 laws aremade and enforced by European Union Law. However the final approval for the confirmation ofthe law to be passed or not is taken by the Parliament of the UK. Also, the Law made by theEuropean Union Law are to operated only within those countries which are a member of theEuropean Union.Legislation: Another source of Laws in UK is the Parliament House. It is another place wherethe laws are made but it is the only place where the laws are passed and given with the finalapproval to be issued in public interest. Any law passed by the Parliament will be followed by
whole countries in UK unless otherwise stated clearly. Parliament is the only place where theright to give final approval to application or non application on any law is given.Common Law: The legal system of Wales and England is a common law and the decisionsmade by senior proceedings are accepted and followed. These laws are enforced only in the caseif there is no discussion over that in the Parliament (Nicolăescu, 2013). Also the amendments inthese Acts also takes place from time to time as and when it is needed. These laws are preparedon the basis of some particular situation arises in front of the Court to which there has not beenpassed any resolution yet. In common law, the power to enact any law in the public interest is inthe hands of the Supreme and High Court of the country.The European Convention on Human Rights (ECHR): In the formation of laws within UK,ECHR also plays an important role. As the UK is consisting of four countries which areScotland, England, Northern Ireland and the Wales. So ECHR makes rules and regulations to befollowed by each and every individual living in all of the four countries. From its name it is clearthat the major role played by ECHR is to protect the rights of an individual under the HumanRights Act, 1988. With the passing of time, there are also some amendments made in the law asper the need and requirement to change.P2 Role of Government in Law Making and Application of Statutory and Common Law inCourtsThe main work of making and passing the laws is done by the Parliament but in additionto this, the Government of the country also plays an important role in making law (Pentony,2013). The Parliament of UK is also divided into two parts which are House of Commons,abbreviated as HC, and the second is the House of Lords, abbreviated as HL. In HC, there arearound 650 members, and in HL there are 800 members. In order to make any law to be enforcedthe Royal Assent of House of Lords is needed. However, the role played by the Government inmaking and enforcing the laws. Below is the explanation of the stages which are included in therole of government in law making process.Bill: It is the draft which is presented by the government on behalf of the civil layerswhich makes that bill. It will provide an explanation about all the details of the proposed law.There are three types of bills which are included in it such as private bills, public bills, andprivate members bill.
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