Business Law & Its Application

This assignment delves into the core concepts of business law, encompassing various aspects such as different types of legal business structures, contract formation and enforcement, intellectual property rights, and the role of government regulation in shaping business practices. Students are required to analyze case studies and apply their understanding of legal principles to real-world business scenarios.

BUSINESS LAW

Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
TASK 2............................................................................................................................................5
TASK 3............................................................................................................................................8
TASK 4............................................................................................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Business law is the key concept of entire legal system. It may govern business activities of
companies. This law has been considered as branch of civil law and able to deals with both types
of issues such as private and public law. Business law may regulate corporate contracts, sales of
consumers’ goods, manufacture process and much more (Jackson, 2013). In present report
consist English legal system which is followed by entire United Kingdom. Different sources of
law and will discuss role of government in law making process (What Is Business Law? -
Definition & Overview. 2017). Concept and definition of several types of companies mentioned
under business law such as sole proprietorship, registered and partnership firms. Also include
concept of Alternate Dispute Resolution which is legal term and helpful to resolve matter of
parties who lodge complaints for redress their grievances.
TASK 1
ENGLISH LEGAL SYSTEM
Legal system followed by population of United Kingdom is known as English legal system.
This is the systematic which is needs to be fulfil by them. Both criminal and civil law consists
under this system. Cases of people are categorising among these two legal proceedings and it
should be resolve by judges of each courts (Scheer, 2012). Smooth functioning of legal process
can be maintained with the help of follow rules by members. Legal authorities are responsible to
use all their efforts and skills in order to meet criteria.
CRIMINAL AND CIVIL LAW
Criminal law has been considered as legal body which may related with crime. It forbids
behaviour supposed as threatening, physical damage, harmful as well as endangering to the
property, health, safety or moral welfare of population. According to the rule of this law person
who conduct wrongful act is known as criminal (Harshbarger, 2011). Offences done by them
which are totally not enforceable by law. In which individual person is fails to adhere criminal
statute. Judge of criminal courts may have imposed penalties on person conduct wrongful act.
Punishment must be allotted to them as per the amount or imprisonment mentioned under law.
There are two types of crimes known as misdemeanor and felony. Furthermore, these are
different from each other and imposed penalty must be different as well. Thus, misdemeanor has
been considered as offence which is lower level, minor assaults, petty thefts are considered under
this. On the other side, felony is considered as serious types of offence it consists rape, robbery,
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major assault, dealing with drugs and so on. This type of law is varying from state to state.
Penalties should be imposed on them as per the limit specified under law and should be
maintained by entire legal system. No person is able to bear dual punishment for one offence.
Also there is no exceptions for the same (Fourcade and Khurana, 2013). Mens rea is the term
which is needs to be examined in order to clarify offence conduct by person. It is stated as
mental condition or intention of parties to conduct act.
Civil law is the term which is different from criminal law. In which no physical harm has
been considered. Monetary loss and other civil matters are consisting under this term. It includes
several rules and regulation which is able to protect private rights of citizen and their legal
remedies. This is the body of law which govern private matters and different from law presiding.
Members who are covered in this process are responsible to follow, rules, regulation, policies
and procedure which are imposed on them as per concept of law (Chambliss, 2011).
SOURCES OF LAW
Constitution
This is the biggest source of law which may govern rules and policies of entire country. it
may separate duties among legal authorities on the basis of their powers and work experience.
Every consumer having several remedies which are provided to them in order to protect their
rights and interest (Vago, 2015). Constitution of United Kingdom is present in unwritten form. In
mentioned fundamental rights and duties which may protect every citizen of country. Also it may
govern overall operation of companies which are considered as UK based firms.
 Working time regulation act, 1998- According to this act, workers are only able to do
work as per the time specified under law. Employers of company are not able to recruit
child labour for conduct hazardous work it may cause death of them. Workers are only
able to do work 9 hours in a day and 48 hours in a week. This rule applied on every firm
for protect their rights and interest. In case employee do more than the specified time
then, employers are bound to pat extra amount to time which is double then the salary.
Such extra amount of remuneration is known as overtime (Schermers and Blokker, 2011).
 Pensions act, 2008- In case employee provide his services equal to or more than 10 years
in the company then pension account created (Gostin and Wiley, 2016). Person should be
retiring after specified age limit, that time pension should be amount provided to them as
lump sum payment or on monthly basis. Such amount should be considered as
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compulsory payment which is needs to be paid to employees after complete their working
years or leave company. In case of lump sum payment person not receive any interest
amount and take entire at one time. But in case of monthly basis person should receive
amount till the end of his life.
 Trade union and labour relations act, 1992- Trade union is the group of person. it is
formed by person voluntarily which having same aim. Furthermore, as per the rules and
policies of law the main objective of trade union is to maintain effective relationship
employees and employers (Grassl, 2011). Members are responsible to resolve matter or
dispute created among these two parties. Also they have to motive employees towards
perform work allotted to them as per their skills and knowledge. Legal authorities are
bound to follow rules and policies which are imposed on them.
Executives- The is another source of law which consists president of country. Such person
having several powers to take significant decision regarding betterment of entire country.
President of country needs to be select through majority of voted of members of parliament
(Bouncken, Komorek and Kraus, 2015).
Treaties- It is the kind of contract which is framed among two or more states. This is needs
to be done for specific purpose. Each state should select one person as representative.
Furthermore, selected person is responsible to understand his roles and duties in order to fulfil
agreement in effective manner (Smith and Ibrahim, 2012). Agreement should be based on
specific task which is needs to be fulfil by each party. Consideration of one has been considered
as legal obligations of another party. They sign written legal document and mentioned terms and
condition with mutual consent.
Legislature- This source of law is different from one country to another. Legal authorities
are responsible to follow rules which are imposed on them as per the policies of law. it can frame
various laws in order to protect rights and interest of people (Nonet, 2017).
ACT OF PARLIAMENT
Government play significant role in law making process. Initially, members have to analyse
actual legal condition of country and then take appropriate decision (Broughman, Fried and
Ibrahim, 2014). The main aim of government is to provide equal opportunities to all age group of
people, try to secure life of employees who are working in hazardous firms, offer job
opportunities to them and provide job on the basis of their expectation, reduce rate of poverty
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from the country, decrease rate of unequal distribution on income etc. So that, members have to
use all their efforts in order to meet target in effective manner.
Firstly, government of UK prepare draft of bill with the help of all relevant laws and
present situation of country (Loewenstein, 2013). After prepare of bill, provide the same for
receive royal consent. Specified time period should be decision for such process. In case
parliament neither accept nor reject the bill then it is deemed to be rejected by legal authorities.
But if such draft of bill is accepted by parliament and provide royal consent for the same then it
is considered as law and implement in entire country. After this process companies and other
legal authorities are responsible to follow rules and regulation as imposed on them.
CONSUMER, CONTRACT AND EMPLOYEMENT LAW
Employment law- This law refers to employer, trade union, employee and the government
relation which are tide with some legal terms and policies. It basically concerns with individual
worker's right at work. This law works in order to offer equality in every organisation (Batson,
2011). It is concentrated on procurement of employees and always took favour in employee's
department. It has all those right which provides power to workers as they have right to strike for
example if company are not fulfilling their right then workforce can go on strike which inversely
affect organisation. It took labour standers from minimum to most important part in company
hence employee get chance to take participation in decision making about how work will manage
and what will be the policies which will suites to all employees. Employment Act 1946, can
provide protection to both employer and employee. It can contribute in economic stability of the
country.
Consumer law- This is also knowns as consumer protection law which considered area of
law that rules private legal relation between individual consumer and business entities which are
selling their product or service. This law is covered so many protection plans and topics as
privacy rights, unfair business practices and fraud or misleading. Through this law consumer are
king of the market they also have right to sue against company who are misleading or doing any
unethical thing with them (Hovenkamp, 2015). Consumers can also use their right through
common law claims when they seek false debt collection results in wrong information on buyer's
credit report. This law generally take care the rights consumers which builds trust on nations
government. Both the laws have their importance one is take caring of employees and other one
is securing the right and giving power to consumers. The Consumer Protection Act 1986 is the
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act which is framed by legal authorities in order to protect rights and interest of people. It can
safeguard the consumers from exploitation due to charge extra amount on goods and services, try
to redress their grievances in timely manner, also it can be encouraging honest business man and
much more (Llewellyn, K.N., 2016).
Contract law- This is the legal term in which two or more parties comes in contractual
relationship with each other. In which parties may frame legal agreement with each other in
order to fulfil legal obligation as imposed on them as per provision of law. At the time of recruit
person, firm may form legal agreement with them (Martin R.. Myant and Drahokoupil, 2011). At
the same time, they sign legal written document and mentioned various terms and conditions.
Provide remuneration or salary to employees as per the legal document.
TASK 2
Company law has been considered as legal proceeding which applies on every business
organization. There are different types of corporations introduce in business law which having
their own rules and regulation. Owners are bound to comply with provisions as imposed on
them.
Separate legal entity- Every company having separate legal entity other than their
members. Entity having its own name and existence in country. Transaction should be done with
the name of company only. Removal or resignation of director may not be having impact on the
existence of company (Blodgett, Hoitash and Markelevich, 2014). It can run as before but it is
presented in artificial form as well as vested by policies of business law and can be managed by
directors of firm. Individual persons have right to enjoy ownership and use plans or strategies to
maintain overall performance and work quality.
Limited liability- The liability of members of the firm imposed on them equal to the face
values of shares held by them. Shareholder are considered a part of company who are only able
to pat uncalled money after due date. But they have to pay amount equal to liabilities imposed on
them as per the provision of law (Blodgett, Hoitash and Markelevich, 2014).
Perpetual succession- The legal entity can’t cease to exist unless or until order to has
been pass for wound up. Such decision can be taken by members which is known as voluntary
wind up. Penal is responsible to take decision regarding compulsory wind up. Members of
company may change but it not effects existence of firm.
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Common seal- According to the company law, corporation is the artificial person as well
as it has not physical presence. Directors are responsible to take decisions which are responsible
to for the existence of firm (Blodgett, Hoitash and Markelevich, 2014). Common seal has been
stands for official signature of the firm. The name of firm must be registered through follow
systematic procedure. After this they are responsible to obtain certificate of registration. Thus,
after registration company can sue other and be sued by others.
Different types of organizations are as aligned below-
Sole proprietorship- Furthermore, according to provision of law single person is able to
start business without any interference of any other person is known as sole proprietorship. This
is the simplest business form under which one person can start business and operate as well.
Registration of this firm is optional for owners as it is not a legal entity. These is no limited or
private can use at the end of their name (Blodgett, Hoitash and Markelevich, 2014). It is easy to
setup and simple to wind up. Only limited liabilities are imposed on them. Company having right
to raise capital through issue of share in international market. Person who start this business is
known as sole trader. Whatever, the profit earn by him is only enjoy by him. No other party can
legally able to share profit. They have to take their own decision with influence of others.
Individual person can enjoy ownership and earn greater profit as well. Also in order to
conduct transaction with the of company only, owner is responsible follow legal steps for obtain
registration (Sole Proprietorship. 2017). Initially, fill application form along with non-refundable
fees and required legal document. After this end the same application to parliament in order to
receive royal consent. After getting approval, person can get certificate of registration. But it
may contribute in continuous growth and development of the country. After establishment of
firm, it provides various job opportunities to large of people who are seeking for the same.
Annual general meeting is not required to held each year but other can do so. But general
meeting must be held once in the three months (Blodgett, Hoitash and Markelevich, 2014). No
other legal restrictions are imposed on person in order to conduct business functions. On the
basis of rule of business law, legal authorities are not able to interfere in business operations.
Partnership firm- Every two or more members can also form legal entity which is known
as partnership firm. Members who are start such firm are known as partners. Person become
partner after invest some amount of company in the form of capital and legal written document
with them. Before start business operation partners may frame legal agreement with each other
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and mentioned various terms and conditions with mutual consent. Legal document which they
are signed is known as partnership deed. It consists entire information about proper name and
address of partners and firm, their profit sharing ratio, aim of the firm, date of establishment and
much more. Whatever, the profit earn by company must be share among partners as per the ratio
decided by partners mutually (Blodgett, Hoitash and Markelevich, 2014). Various terms and
conditions mentioned under legal document which is needs to be fulfil by them in order to meet
requirement of law. All the partners are responsible to fulfil rules, regulation and policies which
are imposed on them as per the provision of law. On the other side, registration of partnership is
also optional for partners. They are not bound to obtain certificate of registration. But after this,
they can file legal case against another firm and be sued by others as well.
Firm has been established for a particular reason. Person become partners who having
same goals and objectives in order to start firm. But they have to use all their efforts in order to
meet objective and maintain performance in effective manner. It is necessary to become partner,
that all members must think same thing in a same sense (Blodgett, Hoitash and Markelevich,
2014). As a team member they have to understand words of each other, identify problem or
issues and try to resolve the same by using several techniques.
Registered firm- According to the company law, registered firms are classified in two form
such as private and public. Every type of company having their own legal structure. Private firms
are those in which legal authorities may having impact on the business operations. Private person
can decision regarding establishment of them (Blodgett, Hoitash and Markelevich, 2014). On the
other side, public firms are those in which government hold shares more than 50%. The main
aim of public firms is to provide best quality of products and services at reasonable price.
Through this they can raise standard living of people.
ROLE OF DIRECTORS
Receive notice of meeting- As significant part of the company, members having right to
receive notice of every meeting which is conduct among organization.
Attend meetings- After receive notice; directors have to attend meeting on time specified
under notice (Bouncken, Komorek and Kraus, 2015).
Take decision- Directors having ultimate control over the business organization. They
play significant role in decision making process.
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TASK 3
Alternate Dispute Resolution is a process of resolving disputes without including litigation.
It is done through arbitration, mediation, and negotiation. This procedure is mostly less
expensive as compare to other methods (Bouncken, Komorek and Kraus, 2015). It is the most
common techniques used for the purpose of dispute resolution. Initial aim of ADR is to agree
both the parties on this. This is used in high profile labour conflicts, divorce actions and in case
of nay personal injury. In this procedure, both the parties are allowed to represent themselves in
order to provide creative solution for which a legal court is not allowed.
Arbitration- It is an important part of ADR. In this procedure, dispute is submitted to one
or more arbitrators with agreement of both the parties. This method is adopted in most of the
cases rather than going to courts. The disputing parties hand overs the right to take decisions to
the arbitrator. They give their decisions on the basis of evidences, facts and figures presented by
disputed parties. It could take time to understand the reliability of these proofs in order to give
fair, impartial and better judgement (Bouncken, Komorek and Kraus, 2015). There are several
types of arbitration such as, commercial, labour, consumer etc. Some of its principles are as
follows-
 Arbitration can take place if there is consent of both the parties. They should be free to
decide with whom they want to resolve their disputes.
 Main objective of this method is to provide fair resolution to conflicts without being
partial for any of the side.
 Court cannot interfere in proceedings of arbitration.
Mediation- It is a process of ADR in which a third party assists in resolving the dispute
and reaching some solution. This third party is known as mediator who ensures communication
between both parties. He is responsible for managing adequate interaction between disputed
parties in fair, and impartial manner. Mediator is not bound towards any side as they give legal
advice to resolve the conflict (Bouncken, Komorek and Kraus, 2015). They give chances to both
parties to present their problems in order to clarify the core issue of fight. It is depending on
mediator whether they want to meet both parties at same place or at different locations. In this
process Memorandum of Agreement is to be prepared which is a cooperative agreement
including consent of both parties on judgement given by mediator. It is a cost effective and less
time consuming alternative for dispute resolution are compare to lengthy and costly proceedings
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of court. Both the sides are independent to pursue further if they are not agreed on given
decision.
Negotiation- It is the process in which two parties settles their conflicts by agreeing on
same decision. This is done through conducting discussions between both the parties and their
representatives (Bouncken, Komorek and Kraus, 2015). There is no involvement of any third
party. Both the parties can consult a lawyer to settle down their dispute. This is required to be
aware about rights and duties to be followed while resolving the dispute and matters in lawful
manner.
TASK 4
Parties who lodge their complaints in courts in order to resolve dispute in timely manner. So
that, if they want to receive legal advice then they have to deal with legal consultant who are
selected by Government of United Kingdom. Legal consultants are called as solicitor and
barrister. Person who having ultimate knowledge of law and obtain degree from university. They
are expert in law and able to give specified advice to people for secure their rights and interest.
Solicitor- This is the person who act as legal consultant as per the provision of law. large
number of people apply for this post who having ultimate knowledge of law. they have to follow
rules and regulation and policies which are imposed on them (Bouncken, Komorek and Kraus,
2015). They have to use entire skills and knowledge and try to resolve matter of parties in
effective way. Before lodge matter in the courts parties can consult with them and obtain best
possible advice for the same. But before start proceeding they have to obtain legal certificate
from government of UK and obtain licence to perform functions.
Barrister- Such person can also act as another legal consultant who is able to provide legal
advice to people for secure their rights and interest (Bouncken, Komorek and Kraus, 2015).
Barrister can play as lawyer in court as well as he can present in courts. He must be select on the
basis of their skills or knowledge of law.
CONCLUSION
As per the above report it is affirmed that business law can govern entire company and
consists several roles and responsibilities of members. In the report discussed various sources of
law which having impact on entire country. Consumer, contract and employment law are
beneficial for manage business operation and ethically manage entire performance. It is depicted
that there are mainly three types of business organizations called as sole proprietorship,
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partnership and registered company. Directors play significant role in company they are
responsible to run firm and manage overall operations. They have to follow specified legal
process for obtain registration and receive legal name. It has been stated that Alternate Dispute
Resolution is the legal proceeding which is effective way to resolve matter of parties who file
complaints against misconduct and want to receive amount of compensation. Government of UK
play significant role in law making process and try to protect existing laws through frame new
policies and procedure.
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REFERENCES
Books and Journals
Batson, C.D., 2011. Altruism in humans. Oxford University Press, USA.
Blodgett, M.S., Hoitash, R. and Markelevich, A., 2014. Sustaining the financial value of global
CSR: Reconciling corporate and stakeholder interests in a less regulated
environment. Business and Society Review. 119(1). pp.95-124.
Bouncken, R.B., Komorek, M. and Kraus, S., 2015. Crowdfunding: The current state of
research. The International Business & Economics Research Journal (Online). 14(3).
p.407.
Broughman, B., Fried, J.M. and Ibrahim, D., 2014. Delaware Law as Lingua Franca: Theory and
Evidence. The Journal of Law and Economics. 57(4). pp.865-895.
Chambliss, E., 2011. Two Questions for Law Schools About the Future Boundaries of the Legal
Profession.
Fourcade, M. and Khurana, R., 2013. From social control to financial economics: The linked
ecologies of economics and business in twentieth century America. Theory and
Society. 42(2). pp.121-159.
Gostin, L.O. and Wiley, L.F., 2016. Public health law: power, duty, restraint. Univ of California
Press.
Grassl, W., 2011. Hybrid forms of business: The logic of gift in the commercial world. Journal
of Business Ethics. 100(1). pp.109-123.
Harshbarger, J.A., 2011. Cloud computing providers and data security law: building trust with
United States companies. J. Tech. L. & Pol'y. 16. p.229.
Hoffman, A.J. and Georg, S., 2012. A history of research on business and the natural
environment: Conversations from the field.
Hovenkamp, H., 2015. Federal Antitrust Policy, The Law of Competition and Its Practice. West
Academic.
Jackson, E., 2013. Medical law: text, cases, and materials. Oxford University Press.
Llewellyn, K.N., 2016. The common law tradition: Deciding appeals (Vol. 16). Quid Pro Books.
Loewenstein, M.J., 2013. Benefit corporations: A challenge in corporate governance. The
Business Lawyer. pp.1007-1038.
Martin R.. Myant and Drahokoupil, J., 2011. Transition Economies: Political Economy in
Russia, Eastern Europe, and Central Asia. John Wiley.
Nonet, P., 2017. Law and society in transition: Toward responsive law. Routledge.
Scheer, A.W., 2012. Business process engineering: reference models for industrial enterprises.
Springer Science & Business Media.
Schermers, H.G. and Blokker, N.M., 2011. International institutional law: unity within diversity.
Martinus Nijhoff Publishers.
Smith, D.G. and Ibrahim, D.M., 2012. Law and Entrepreneurial Opportunities. Cornell L.
Rev.. 98. p.1533.
Vago, S., 2015. Law and society. Routledge.
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Online
Sole Proprietorship. 2017. [Online]. Available through:
<https://www.entrepreneur.com/encyclopedia/sole-proprietorship>.
What Is Business Law? - Definition & Overview. 2017. [Online] available through:
<http://study.com/academy/lesson/what-is-business-law-definition-overview.html>.
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