Business Law Assignment

This essay examines the sources of law in the United Kingdom, the role of government in law-making, and the impact of company, employment, and contract law on business operations. It also provides legal solutions for a range of business problems and recommends alternative dispute resolution (ADR) methods for resolving conflicts.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
Scenario – 1......................................................................................................................................1
TASK 1............................................................................................................................................1
P1 Different sources of law and laws..........................................................................................1
P2 Role of government in law-making.......................................................................................3
TASK 2............................................................................................................................................5
P3 Company, employment and contract law has a potential impact upon business...................5
Scenario – 2......................................................................................................................................6
TASK 3............................................................................................................................................6
P4 Appropriate legal solutions for a range of business problems...............................................6
P5 Provide justifications for the use of appropriate legal solutions............................................8
TASK 4............................................................................................................................................9
P6 Recommend legal solutions based upon a different country’s legal system and different
legal framework..........................................................................................................................9
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Law is the term which involves several rules and regulations which is enforced by
government bodies of the company in order to modulate behaviour of peoples. Regulations and
rules applied in business organisation that regulate employees are referred as business law. It
includes all the laws that order how to run or form a business as well business law govern how to
start, buy, manage and close any kind of organisation. Laws given by government of particular
nation related to running of business must be followed by every enterprise (Bagley, 2010).
Moreover, business law regulate all the commercial matters and also cite as branch of civil law.
The same deal in both kind of laws private and public. Below mention assignment explain
sources of laws that company must comply with. It also enlighten role of government in law
making will be covered in the reports. Moreover, potential impact of company, employment and
contract laws in business and solutions and recommendations for business problems.
Scenario – 1
TASK 1
P1 Different sources of law and laws
Parliamentary sovereignty – It is the principles of United Kingdom Constitutions and
parliamentary sovereignty form parliament which is supreme legal authority in UK. They give
authority to legal bodies of creating or ending any law as well it is important part of respective
company constitution. Apart from this, government of United Kingdom introduce new laws
which is regulated by queen. Laws are mainly commenced in state opening of parliament which
is generally in October or November. Through Parliamentary sovereignty people of country
come to know about laws and regulation enacted by legal bodies.
Legal bodies of United Kingdom – England, Scotland, Wales and Northern Ireland are
four main countries of Great Britain. All these countries have their own legal profession and
court system they are Scotland and Northern Ireland, England and Wales. Government bodies
passes several policies and laws which is for the welfare of United Kingdom people. Main
motive behind introducing law is to prevent unnecessary exploitation, fraudulent activity and
discrimination of people. Apart from this, through laws several rights are given to the people so
they can live better life in ethical manner. Parliament of United Kingdom have authority or

power of creating laws and regulations. Moreover, parliament is divided into three parts: The
Queen, House of Lords and House of Commons.
 The Queen – It is the official Head of State and Britain has a constitutional monarchy in
which Queen rules only symbolically i.e., in reality and power belongs to parliament.
Main role of Queen is at the time of bill discussion when it becomes law after the words
of her.
 House of Commons – It is the lower house of United Kingdom parliament and the
people involved in this are elected by public of country. House of common involves large
number of members in government. There are 650 members of Parliament in which
everyone of them represent several geographic constituency(Cameron, 2017). Members
involve in this discuss about political issues which is going in present and gives proposal
for latest laws. Apart from this, member of HOC have responsibility of making decisions
affiliated to financial bills.
 House of Lords – It is the second part of parliament which involves 800 peoples in
which 600 are appointed by the Queen. Recommendation of these people is given by the
prime minister as well all of them have independent form, shape and can create laws and
regulations also.
Hence, various parliament and assembly of united Kingdom have authority or power of passing
laws which can be related to devolved matters, especially Northern Ireland Assembly, Scottish
Parliament and National Assembly.
Law Of United Kingdom – law is divided into several parts such as criminal, civil,
private and public. In this criminal law focusing on anti social acts and civil involves several
areas such as contract, employment, lands and so on. Apart from this, public is related to state
laws and their involvement in business as well private is deals with relationship of peoples to
each other. If their any person which will founded break any law then he/she will be penalised
against it and amount of charges will be according to crime.
Sources of laws – There are some origin of laws which play their crucial role in global
market. Some of them are given below :-
 Case law: This is mainly decision which is given through the judge or by any higher
legal bodies. Because there are various activities, problems and misinterpretation occur in
the society which may become reason of issues which is faced by common people. Thus,

for minimising such situation legal bodies are coming with something innovative and
unique. So that they can impose some acts or laws on overall nation and reduce
fraudulent activities. For instance, women harassment are increasing now-a-days which is
harming life of females. So for this, government are taking some major steps that they
can minimise such criminal activities.
 Statues: This is mainly formed by state and local legal bodies and include authorities
which are elected through public of United Kingdom. Statues is the written document of
legal bodies which rule city, state or a country. Bodies involve in it have authority of
making laws, command something. Moreover, it is important for court to implement
statue which must be different from case or common law if all these are not applied
before. Because common law is implemented through courts which is related to the legal
history and tradition of United Kingdom As well case laws are given by the court.
 Custom: It is the oldest source through which law can be generated in ancient time
because in that time decisions are take on the basis of traditions and customs. Mainly in
this laws are used for settlement of issues within several peoples. Usually there are some
social institutions also which works on the basis of customs which are followed by them.
 EU laws- It is a system of norms, legal laws, rules and regulations which is operating
within the member states of European Union. Thus, sometime member of general
assembly are getting influenced by them and enforced to introduce few major laws at
marketplace. Basically, EU is liable for social development and trying to enhance the
working condition of entire people.
However, statutory and common law are impose by Judges while dealing with various
cases in order to control possibilities of wrongful activities. Basically, head of justice court is
liable for implementing various useful legal norms and rules at tribunal for ensuring that all the
situations are resolved in a proper manner. Hence, there are various sources of laws which is
analysed in market-area are article and memorandum of association and so on. All such
legislations are playing important role in establishing peaceful environment in marketplace.
P2 Role of government in law-making
Government bodies are playing crucial role in making several laws and legislation at
societal place for regulating exploitative activities for doing things in effective manner.
Moreover, member of general assembly are involved in the entire procedure of law formation as

well these bodies are important for passing any kind of law. For formation of laws there is an
agenda which is raised in assembly and afterwards the same will become bill and discussion or
reading of the bill take place in general assembly (Cheeseman and Garvey, 2014). Moreover,
there are mainly six stages through which legislations are laws can be successfully framed and
enacted. Important reading stages are mention below :-
 First reading – In the first reading stage bill is read by the person very first time in the
assembly and overall procedure of bill reading act as an notification of the planned bill.
Entire process of first reading is done by the person who stand up for reading the bill.
 Second reading – After reading of the bill, second reading stage is for further discussion
and debate on the bill which was read in first step. Major motive of discussion is to
decide that whether the bill will progress or not and this determination will done through
voting process. Apart from this, voting process is done for knowing thoughts and ideas of
every person because everyone have their own views which help in deciding whether the
bill will implement or not.
 Committee stage – At the time of committee stage numbers of people of general
assembly sit together for identification and scrutinizing so that depth knowledge related
to bill can be gain. Some specialist persons identify the overall agenda which is needed
for converting bill into an act. People involves in specialist are solicitors and police
departments.
 Report stage – after the analysation, report stage take place in which identified
information or data will reported back to the general assembly. Proper amendments are
taken place with appropriate debate process.
 Third reading – In this stage, bill is re-discussed for final decision and discussion or
debate is again take by the MP's of general assembly. As well voting also take place
which is related to the acceptance or declining of the bill. Simple words it can be said that
it is an tidying up stage and have final chance for voting and amendments.
 Last stage – This is the final stage of bill passing where it becomes an act and last stage
is also known as Royal assent. In the last stage queen say about the bill before of its
becoming an law (Czinkota, Ronkainen and Moffett, 2011). Queen of United Kingdom
have authority or power of accepting and denying the allowances to pass the bills which

is dependent on their concern. Their is requirement of agree of both houses and approval
of Queen then afterwards bill become an act.
From the above mention information it can be said that governance bodies are playing
important role in formation of various laws and acts. Without these bodies it is not possible to
design any legislation. Moreover, by implementation of proper laws and acts they can establish
safe and secure in social and business environment.
TASK 2
P3 Company, employment and contract law has a potential impact upon business
As per the given case study, there are three girls who named as Jane, Penny and Marie
introduced their business. JPM publishing is an small scale business which is expanding and
converting in public company. So for expansion there is requirement of funds which is generated
from public by allotting them shares. Directors of the business play important role in running of
company as per the public governance they are the central supporting and supervision. There are
several laws related to the company, contract and employment which gives their impact on
working of JPM publications. Description of all these are mention below :-
 Health and Safety regulations - It is an act related to the health and safety of
employees who are working in organisation. Health and safety regulation is enacted by
parliament Assembly of United kingdom in 1974. Main motive of passing such acts is for
reducing discrimination related to manager, employees, contractors and so on. Moreover,
the same act secure staff members from any type of hazards which can be occur while
doing work in company (Dickerson, 2011). The same act provide safety to employees
from any type of risk which are connected with guard and health that is related to
working, from using some harmful substances, also in managing certain errors in
atmosphere and so on. In this case study JPM company have to implement the same act
so they provide safe and secure working environment to employees with in the working
area. Through this law owner of the company fulfil health and safety needs of their
workers in better manner. Because employees are important part of business without
them overall working of the company can get affected. They are the one who manage and
handle responsibilities assigned to them which is related to the overall working of the
business.

BURGESS V PLYMOUTH CC, CA (CIV DIV) 30/11/2005 in this case container are
not stored properly at workplace due to which cleaner are encountered a major personal injury.
Thus, as per the safety act an organization needs to create the safe environment by preventing
every member from various accidental situations.
 Equal Opportunities regulations – This act was established in 2010 by government of
United Kingdom and it is also known as Equality act. Main motive of implementing this
act is to provide equal opportunities to staff members and minimise discrimination
between then in working area. In some situations training and education must be provided
to workers according to their age, gender, marital status, civil partnership, physical
disability, race, religion and so on. It not matter that JPM is converting from private to
public company opportunities given to the workers are equal in both types of business.
Expansion of enterprise is taking place in this case study from private to public thus, in it
there is requirement of personnel also so JPM publication must have to kept in mind
equal opportunities and authorities should be given to every members. With the
implementation of equal opportunity act employees get satisfied and because of that they
get motivated as well give their best.
 General Data Protection Regulation (GDPR) – It is the act which is implemented by
European Union. This act states that company have to protect data of their customers and
employees also in overall EU country. General data protection act play its major role in
protecting data from getting leak as well the same assist in making information safe and
secure. Apart from this data leak is taken because of several cyber crime or it can be
stolen from private computers through hard disk and pen drive. Thus, in an company no
one have permission or authority of using personal data of any other person whether it
can be employers or employees.
Above mentions all the act are implemented by JPM in the company with the motive to
avoid discrimination. For providing safe and healthy working environment to employees as well
also for securing data of customers.

Scenario – 2
TASK 3
P4 Appropriate legal solutions for a range of business problems
In the given case study there are several cases which is connected with the business that
require proper legal solution to come out with these. As per the first case, Champion Ltd is
introducing an new stadium because of this they are from its former site which was subsist in
North London. Although, for better development of the stadium there is requirement of cash
payment so for this respective organisation is taken loan from bank and creditors. But because of
declination in their potential customers, company gone through several losses at huge level. Due
to which they are not able to return the amount of loan taken by them from banks and creditors.
All such situations given drastic bad result, creditors are giving threats to given enterprise and
giving them notice through court. Telling them to make their payment for making payment
company have to wind up. In this case several issues are rises which is mention below :-
 Champion Ltd loss their property and existing wealth for making payment to their
creditors and bank.
 Given organisation have to go through the liquidation process for winding up the
business.
 Champion Ltd are not able to make payment of their creditors because of that owner of
organisation have to wind up their business.
For resolving such legal issues, some proper solution is mention below which is
beneficial for Champion Ltd :-
 Meditation – Champion Ltd can hire hire an mediator and then give detail related to all
the loans from creditors and banks which is related to the case. The third party which is
hired by company play role of negotiation. Thus, when process get start mediator talk
with each and every person from whom the Champion Ltd has taken loan. Apart from
this, hired person play important role role in taking time from the creditors for paying
remaining amount because at the present time venture in not having funds (Grundfest,
2010). Thus, through expressing weak financial condition and giving logical reasons,
they taken some long time to come out with the issues. In that specific duration, given
company can make several efforts for building strong customer base and generating high

amount of profitability. So, they would be capable to return all amounts of taken loan and
safe their business from such a big problem.
 Participation of Court – Champion Ltd can also present their issues related to
liquidation of business in front of the court through hiring professional lawyer. They have
to give correct information related to the situation from which they are going. As
creditors were forbidding company which is not right in the eyes of law, recruited lawyer
can easily present their problem in front of members present in court. Through legal facts
and figures and Champion Ltd can request for justice.
In second case study, Mr. Anderson is working in Amber Ltd at the post of CFO and he is
excessing important data of the company. Their is an another organisation named as Beta Ltd
which is competitor of Amber Ltd. After sometime, Beta Ltd has give opportunity to the Mr.
Anderson to work with them as a designation of CEO (chief executive officers). Thus,
respective man take decision of leaving the present job of CFO and join the post of CEO because
they don't want to leave such golden opportunity. Therefore, he decide to resign the post without
serving one month notice period. Whereas, Amber Ltd is not accepting his resignation because
he is excessing their important information in this situation there is chances of leaking data.
Hence, there are several issues which is created because of the conflict of job resignation.
Problem and their solution is given below :-
Problem:
 Amber Ltd have risk of loosing their important data and information because Mr.
Anderson decided to switch their company to Beta Ltd. Which is competitor of present
organisation in which respective man is working.
 He is not able to leave the job without serving notice or provisional period of 12 months.
 Disputes is becoming more complex because both the party don't want to negotiate.
For resolving these issues there is requirement of taking some major steps which is mention
below :-
 Negotiation – This is solution for both the company to negotiate along with the culprit
also. Thus, Amber Ltd have to provide better opportunity for their future to so that he
will get satisfied and don't switch job. If Mr. Anderson will not join Beta Ltd then it will
be beneficial for Amber Ltd because their will be no chances of loosing their important
data (Kinicki and Kreitner, 2012).

 Termination of contract - If Amber Ltd want then they have to terminate Mr.
Anderson for breaching up the contract which is signed by them at the time of joining.
Liquidation – It is the process through which existence of company is brought to an end
or wind up. For liquidation there is requirement of liquidator which is appointed either by
shareholders or by the court. In this, liquidator is the person who represent interest of all the
creditors as well he/she supervise the overall liquidation which involves collection and realising
assets, discharging liabilities of the enterprise and then distribute funds which is left over
between the shareholders as per the constitution of company. After the overall process company
get formally dissolved. Moreover, there are different type of liquidation such as: solvent and
insolvent liquidation, voluntary liquidation, compulsory liquidation. In the case of Champion
Ltd. Compulsory liquidation take place and its process is mention below :-
 A liquidator is appointed, by the Court because in the case of Champion Ltd. Because it
is compulsory liquidation.
 The liquidator collects the assets of the organisation (including uncalled capital; that is,
amounts unpaid on shares) and pays to the creditors in order of priority.
 The liquidator divide any surplus funds to the shareholders.
 Then company get formally dissolved.
P5 Provide justifications for the use of appropriate legal solutions
In the first given case Champion Ltd, according to that negotiation is the best solution of
their problem because they are not having much wealth for paying their creditors and bank. So
negotiator is the person who can convince other party to get ready for treaty. Moreover,
respective company can involve legitimate tribunal in their case. Because they can show their
threatening to the person who is authorised person in the court and make efforts for asking them
for justice. So that, creditors and bankers will have no right to force Champion Ltd till the given
time for making payment.
On the other hand, second case study of Mr. Anderson it is better to choose action of
termination because he found at fault. Because he think to join competitor company of amber
Ltd, along with the important information and data which is access by him in respective
company. Thus, owner of Amber Ltd. Can take decision of Termination. Although, Amber Ltd
have to give adequate amount of salary to the their employees so that they not switch another
enterprise.

Issues : After going through the case, it has been analysed that Mr Anderson is not able
to serve their notice period of 12 months and joined another organisation which is competitor of
Amber Ltd. And named as Beta Ltd. This is the illegal consideration done by the Anderson to the
Amber ltd.
Relevant law in this case: In the case of amber and Anderson, Their is direct situation of
breaching an contract is found as well as termination of act which is more reliable to be taken
consider. it based on specific kind of acts that help them for solving all kind of queries which
arise in the company. It is a legal course of action and several matter that are done in order to get
reliable outcomes in upcoming time period. Such disputes creating negative image in the
business environment of both individual and the organisation.
Termination of contract : This is known as one of the effectual procedure through
which an department can stop all their operation which is made legalised at the time of joining
the position. Thus, after termination of contract individual is not being liable to perform or serve
the organisation further more. As per the given case, of Mr. Anderson he have to complete its
12-month period before moving toward the another company Beta Ltd. Which is competitor of
Amber Ltd..
Implementation of law : In this agreement which taken place between both the
individual so the personnel's cannot beach any legal rules, regulations and norms. If any type of
issues occurs within the parties they need to make condition of termination of law which is
implemented efficaciously. It has been found that every law must be applied in proper manner
within the department so that their will be less chances of mistake.
Conclusion : It is necessary for Amber ltd to solve the problem which arise between
them. The best ways of solving the issues is by going for alternative dispute resolution
procedure. Both the parties involve in this have right to get equal treatment by utilising correct
process. Amber ltd need to maintain effective reputation through collecting evidence between the
Andersons. While, Anderson will face heavy penalty as loss to their job in relation of breaching
the contract.

TASK 4
P6 Recommend legal solutions based upon a different country’s legal system and different legal
framework
Conflicting situations are emerging at marketplace because every individual are having their own
opinion and perceptive towards certain situations. Thus, as per the given case study, company
needs to resolve problems by taking corrective initiatives such as; either by using modern
methods or so on. However, legal bodies have enacted an appropriate method for clearing all the
hidden problems. Thus, ADR is most appropriate tool which must used by various country for
resolving disputing issues in a defined time frame. As this, tool is really playing a major role in
enhancing the company performance by minimizing issues in proper ways. Basically, this
method is consist of three types of tools such as; mediation, arbitration and negotiation. All the
three methods are different from each other in various aspects as well a suits in several distinct
situations. Proper description of all the three methods are discussed as follows:-
Negotiation:- According to this element, two parties are coming closer for clearing all
the hidden issues or doubts by self. It means, there is non-involvement of any third party which
automatically safeguard the cost as well as time of any another person (Kinicki and Kreitner,
2012). Basically, negotiation is used by small companies like sole trader, partnership or any
stores because they believe in resolving their problem by self instead of involving any other
individual.
Mediation- In this method any third experience person is going to involved between two
members whomsoever are engaging in disputes. This tool is normally beneficial for medium
sized organization as second opinion is acquired for clearing any doubts and issues in perfect
manner. In fact, third person act as a mediator in between disputing parties so that he/she can
pass the relevant information for understanding hidden aspects.
Arbitration- As per this technique an association needs to hire any professional or legal
member for understanding reason behind disputes in order to resolve it in official manner. This
type of method is adopted by multinational organization or any business whomsoever wanted to
minimize the possibilities of mistakes and errors (Law, 2010). Their main objective is to
maintain the professionalism of an association by following all the legal norms, rules and
regulations.

Throughout the all the methods it has been analysed that arbitration is much appropriate
method which must be used by above selected firm for minimizing conflicting situations that is
incurred at workplace while managing business operations. One of the major reason behind
implement this strategy is to maintain the professionalism as well as attain set objectives or
targets in a defined time frame. According to given case study an association needs to take
corrective measures for resolving issues without exploiting others. Hence, it has been understood
that ADR is a prominent tool for controlling several problematic circumstances of selected firm.

CONCLUSION
After going through the above mention report it has been analysed that, laws are
important part of the country because it prevent people from several types of exploitation and
discrimination. Government bodies enact several laws and legislation which is related to
different issues and for the concern of society. Major motive of implementing various acts is
provide safe and secure environment to the people as well also for their welfare. There are some
laws which is related to the business and given by the company with the motive to provide safe
as well secure working environment to the employees and also for avoiding discrimination. Such
laws provide several rights and responsibility to staff members which cannot be violated by
anyone, not even by the owner of the organisation. There are several legal authorities who
introduce various acts and laws. Above mention assignment explain sources of laws and different
laws related to business which must be implemented in the enterprise. This assist in avoiding
possible not legal activities and any person did so then person will be responsible for
consequences mention in the legislations.

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Company & Commercial / Business Law, 2014. [Online]. Available through:
<http://www.sprakekingsley.co.uk/your-business/company-commercial-business-law/>.