Aspects of Business Law : Report
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Added on 2020-06-05
Aspects of Business Law : Report
Added on 2020-06-05
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BUSINESS LAW
ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P1 Structure of English legal system and sources of law............................................................1P2 Role of Government in Law making and applicability of common and statutory law..........2TASK 2............................................................................................................................................4P3 (a)Explanation of Employer’s liability and obligations.........................................................4(b).................................................................................................................................................6TASK 3............................................................................................................................................7P4 Legal solutions for business problems...................................................................................7P5 Justifications with statute and legislations.............................................................................7TASK 4............................................................................................................................................8P6 (a) Concept of Alternative Dispute Resolution Process and its benefits................................8(b).................................................................................................................................................8CONCLUSION................................................................................................................................9REFERENCES..............................................................................................................................10
INTRODUCTIONIn this modern world, law has its own significance. Law can be demonstrated as a set orprocedures of rules and regulations which are formed for purpose of effective regulation ofbehaviour with help of governmental and social institutions (Bagley and Dauchy, 2011). Law is asystem which helps to create respect and equality among society and its people. In this report,various aspects of business law will be discussed. Also, concept of statutory and common lawwill be given effect. In addition to this, structure of English legal system and role of governmentin aspect of law making will also be given effect. Furthermore, employer's obligation in respectof employees in premises of an organization is also discussed. Also, different sources of lawwhich are required to be followed by a business institution are also mentioned. In the end,various cases with their legal justifications are explained.TASK 1P1 Structure of English legal system and sources of lawLaw and legal system is a concept in which there are set of rules and regulations which areframed in aspect of performing legal actions. In context of English Legal system, it can beconsidered that a decision made by high court of country binds decisions made by lower courts(The English Legal System, 2017). There are different sources of law which are mandatory to befollowed by each and every organization in order to fulfil legal requirements. Varied sources oflaws are defined as:Common law: It can be considered as a law which has been developed and evolved bycourts, judges and courts and other similar tribunals (Bagley, 2010). In this light, it is anotable fact that common law has arisen as a precedent.Equality law: This law has been framed with a perspective to create and enhance equalityamong each and every section of society. Main aim of creation of this law is to promotediverse equality among premises of an organization and among its employees too. Judicial precedent: The concept of judicial precedent is based upon a term which can benamed as Stare Decisis. it implies to look over previous decisions that has been passed byjudges and other tribunals. In other words, it can be interpreted in a way, that if in caseany decision has been made after considering a particular issue of law, then that point oflegislation or law will be applicable in all cases which might arise in future.1
Statutory law: It can be considered as a legislation which is in form of written form setout by a legislator or a group or committee of legislature (Cheeseman and Garvey, 2014).It can be understood as a meaning which is in opposite to customary and oral law, whichhas been promulgated by a common law and executive of judiciary. European law: It is a system consists of rules and regulations which are operating in anarena of members states of European Union. The main objective of EU is to promote anddevelop peace and values along with social welfare of people.Varied range of legislations which are mandatory to be followed by organizations;Employment rights act 1996: This act is a one of important legislations which has beenpassed by Parliament of UK, in order to codify existing laws and legislations related toindividual rights in aspect of labour law. In this act, it is mentioned regarding variousrights available to employees in context of their employment. According to the provisionsof said act, main terms of employment contract should be in written form and must fulfilall essential requirements of valid contract. Pensions Act, 2008: It is an act which is passed as a legislation or law, by an act ofParliament of UK. It incorporates a change in nexus of occupational pension plan. Inother words, it can be said that all workers and employees is required to opt out of a plancalled as occupational plan instead of going in for it.Equality Act, 2010: This act or legislation has been formed with a basic aim to evolveand enrich equality among society (Crane and Matten, 2016). In other words, its objectiveis to categorise several and complex array of legislations or regulations which wasformed on the basis of Anti –Discrimination law in UK.P2 Role of Government in Law making and applicability of common and statutory lawLegal system is a concept in which effectiveness of judiciary in terms of fairness, catchingand retaining of criminals, prosecuting along with dealing with cases in a prompt manner ismentioned. Apart from various functions and roles of government, it has been assessed thatgovernment is also authorised to make laws and regulations which are applicable throughout aparticular country. In context of UK, Parliament has been authorised to form various acts andlegislations for benefits of its citizens. In this regard, various stages have been analysed whichcan be characterised as below:2
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