Literature Review and Business Model Analysis

The provided text is a literature review and business model analysis that requires students to read and analyze multiple research papers and articles related to business models, innovation, and strategy. The students need to understand the key concepts, identify patterns, and make connections between different ideas. This assignment is likely part of a course on strategic management or entrepreneurship.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P.1. Explain the structure of the English legal system and discuss the different source of laws
that organisation must comply with ...........................................................................................1
P.2. The role of government in law-making and how statutory and common law is applied in
the justice court...........................................................................................................................3
TASK 2............................................................................................................................................5
P.3. The relevant employment and contract law would have potential impact unpon the
business in this scenario..............................................................................................................5
TASK 3............................................................................................................................................6
P.4.suggest appropriate legal solution for each of the business problem....................................6
P.5. Provide a justification of solution by either referring of a relevant statute or using an
appropriate case...........................................................................................................................8
TASK 4............................................................................................................................................8
P.6. Explain alternative disputes Resolution (ADR) and its types and process and compare the
effectiveness of two different recommendations........................................................................8
REFERENCES..............................................................................................................................11

INTRODUCTION
In this research, we would take a look at the English Legal system . How The UK
government play leading role when they are making law process which are being done in the
Uk parliament. Moreover, we will discuss about to briefly explain employers obligation
within the business towards the employee. which are necessary to follow by an employer at
their workplace for its employee welfare. In this we would discuss about occupational health
and safety process and also worker compensation and harassment act which are necessary to
utilise by employee in order to employee's rights are being violated in the business.
Nevertheless, we will also discuss about to some case which are given in the dissertation and
also take a look at Alternative dispute resolution process and their benefits for clients
effectively and types of ADR process as well.
TASK 1
P.1. Explain the structure of the English legal system and discuss the different source of laws that
organisation must comply with
The English legal system have supreme authority of its supreme court which plays the
most essential role and then there are few formal performance of House of lords play in the legal
system of the UK. Each major decision are made by supreme court and which are associated
with other courts in the country(Hair, 2015). Moreover, concern about to the UK legal system,
there are three specific legal system of English law which are following, first is England and
Wales, another is Scotland and third is Ireland. These three English legal system describes about
Its historical heritage of English legal system effectively. The UK has also its parliament system
by which governing all government sector by legally according to the legislative provisions
which are given in the English legal system effectively. Parliament body is an authority which
works for formulating all legislative provision in low properly with the assistance of its process
of both sections. This manner define about to parliament process in which all legal provision and
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legal draft are passed by parliament with the help of its ministers of both house of lord and house
of ccommons sections. In the United Kingdom legal system, there are two types of courts which
are formulated for different types of cases (Zott and Amit, 2010). These are criminal and civil
courts which are liable for representation of justice decision in Wales and England. The United
Kingdom legal system is not in a proper single unified form . The Wales and England have only
one type of their legal system and Scotland has another and Ireland has third kind of its legal
system.
Supreme Court: This is the highest authority of the English legal system in which all major
decision are taken by supreme court and their sub ordinates courts and their instruction must
follow The UK legal structure and guidance in the cases in England and Wales. Senior courts of the England and Wales: These courts runs according to the Act of
judicature as same as supreme Court works according to its legal system which are
provided by the UK legislative provisions. Court of Appeal: This type of court includes two type of division like UK civil court
system as well. High court: This is the court in which civil court appeals are listened by its judicial
authorities.
 Crown court: Crown court are mostly used for hearing criminal cases effectively which
are appellate and original jurisdiction cases as well(Bryman and Bell, 2015). There are some other subordinates courts which are Magistrate's courts, Family
proceeding courts, youth courts and Country courts which have their own authority to
solve their areas cases effectively. Role of barrister: Barrister are two main categories in the English legal system which is
solicitor and layer who are playing the leading role to handling cases and representative
of case in the court as well. The job of senior legal professionals in England and Wales is
classified into two categories which is solicitors and barristers as well. Role of solicitor: Solicitor is a legal professional person who furnish essential legal
suggestions and provide support to their clients. Solicitor can be in different form which
is individual person, group and private companies and public field companies as well.
Who provide legal advice to their customers and also support them to solve their legal
issues within England and Wales country.
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 Role of judge: The role of judge in the English legal system in which, they use their
legislative knowledge and experience to ensure that a trail is organised in the court are
sunning fairly and according to legal provision method as well. The serious and criminal
cases are heard by judge and jury within England and Wales country and make their
decision towards the guilty persons in the court. Sources of Low:
There are some effective sources of the UK legal system which are as below: Statues: This is the main source of the UK legal system which derives from parliament
and furnishes several authorities to take a legal provision helps for making its reliable
decision towards the legal problems arise in Wales and England (Johnson, 2010). There
are several acts are written for organisations in the UK for solving their legal issues
effectively such act Employment right Act 1996 and there is also Companies Act 2006
are presented here for providing effective legislative provisions and rules which furnish
organisations to resolve their all legal issues efficiently.
 Legislation: This is the major source of the low in the UK, which is written by their
authorities and it has also several purposes to regulate their authorities in effective
manner(Bellaouar and Elmasry, 2012). Legislature are the main power holder who
formulate some legislation in the country to lower bodies. There are some legislation
inclusion in the UK which involves statutory instruments, order in council and bye laws.
Organisation legal issues also can be resolved with the help of companies Act 2006
which are written in legislation provision which helps the organisation to resolve their
legal issues effectively.
P.2. The role of government in law-making and how statutory and common law is applied in the
justice court
The government play a major role in terms of making law in the UK, there is a proper
process in which parliament play a vital role in order to convert a draft bill into a new Act with
the help of its appropriate process which is as following: The House of Commons: This is a specific function of parliament and their members of
parliament and House of Commons are all these persons which are elected by the UK
regional population who represent the parliament effectively (Wheelen and Hunger,
2011). They play a big role in order to introduce new draft of bill which convert into Act.
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 The House of Lords: In this function of parliament, there are some peoples who
represent the House of Lords members are selected from the life peers and mostly from
bishop in the Church of England in the country. There are also 12 most senior judges are
setting in the House of Commons but they are not a part of parliament. Government ministers of parliament introduce a legal draft in parliament for making it
into the Act which would affect the society in the country. This draft is also known as
Bill. Bill: It is a legal draft which is made by civil layers and also introduce by the government
in parliament effectively. There are several bills which are public bill, private member
bill, and private bill. First reading: This is the first step of reading a bill into parliament section of House of
Commons and formally reading process are to be done in this stage(Sekaran and Bougie,
2016). Second reading: In the second stage of bill reading process. The detailed and information
of the bill are discussed and amended by the MPs presented in parliament and then ensure
that bill must be proceeded in forward or not. Committee stage: In This stage, Bill to be sent to the House of Commons committee for
discuss about its detailed explanation in the parliament committee. Report stage: In this stage whole detailed are discussed in committee and return send to
the House of commons and their government minister again take debate on this bill for
reliable amendment in the bill. Third reading: In this stage Bill would be represented in parliament by government
ministers and also voted by them whether this bill would be accepted and rejected as
well. House of lords: This bill to be send the house of lords to pass through the above 5 stages
and relevant changes are made in this stage and again send to the house of commons to
consider the relevant changes of house of lords in the bill(Goleman, 2017).
 Royal Ascent: in this stage finally bill converts into Act. In this final stage Bill is to be
sent to the method in which monarch need to formally pass the bill and then it has
converted into the bill effectively.
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From the above all stages of making a law in the UK, parliament is a main body in which bill is
passed and Act are made according to its process and all government minister play a major role
in terms of majority of votes are needed for become a bill into the Act. Common low process: Common low is applied on the justice courts which are defined
about to the formal instruction and process which are given by Supreme Court judges in
court. People need to follow it's all rules and regulations effectively with a written
advises for the judge to implement these changes in the court as a trail process of the
court in the UK.
 Statutory low process: It is a specific legal method in which followed by various
government agencies in the country and thus, there are several laws which are passed by
federal and state government in the UK. In the process system ordinance passed by citie's
and town's legal power holder authorities which are bringing power of law in several
regions in the country.
TASK 2
P.3. The relevant employment and contract law would have potential impact unpon the business
in this scenario (A) Explain employer legal obligation: Occupational health and safety: According to the occupational health and safety
approach there are some legal provision are presented in the UK legislation book which
provide some factor like employee's health and safety must be saved at workplace while
they are working in the organisation (Baumeister, ed., 2013). The health and safety at
work Act 1974 enforce employees about several rights and authorities which must be
followed by employer in the organisation associated to employees within the
organisation. Provide appropriate safety and health benefits to their employees in some
critical condition and according to the Act organisation would furnish remedy to injured
employees within the business. Worker compensation: In the UK beside from the public sector companies in the UK
also private sector companies need by the law to make insure their employee in some
critical conditions like injured and diseases of their employees arise within the
organisation. An employer in the UK are required to buy Employers liability insurance in
order to the Employers liability act of 1969 according to this they provide some health
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and safety protection of their employee by insuring policies and if the employer get to be
insolvent in the country them employee would have the authorities to direct claim against
the insurer company in order of the Third party Rights Against Insurance Act 1930. Harassment: In this section of legal provisions, the employees have authorities to
protection from Harassment at the workplace (Happel and Brenner, 2012). If an
employee feel any kind of harassment activities in the business then each individual can
use of The protection from Harassment Act 1997. This act provides some authorities in
which they can take an actio toward sue and claim on victim who is responsible for this
kind of illegal behavior at the workplace. Employer need to provide legal action against
victim person and also furnish appropriate remedy to injured person in the business.
 Equal opportunity: In terms of providing equal opportunities each individual in the UK
about to prohibits discrimination at the workplace and while training and educational in
the country(Bucherer and Uckelmann, 2011). With the help of The Equality Act 2010
there are several ways in which most of the people are discriminated by some superior
authorities at the workplace by age, disability, gender, marriage and civil partnership,
race, region, sex etc. all these factor being cause of discriminate a person at the
workplace. According to this Act employer need take legal obligation against those
persons who are guilty in this particular situation and provide an appropriate remedy to
injured person.
 (B) In the given case of case study, Health and Safety Act 1974 could be enforces in this
case and furnish reliable remedy to injured person in this case. 16 year old girl are not a
mature person to work properly at the workplace (Michelini, 2012). When she was
working at the workplace then leader of fast food outlet not making their proper attention
towards the girl when this incident has been happened in the business. Apart from this, a
leader have responsibilities to protect their employees within the firm effectively and
provide appropriate remedy of it according to legislative provision of employees safety
given in the Act. Employer must provide insurance policy for each individual employees
within the firm to protect their health and safety rights within the firm effectively.
According of health and safety act, a leader are guilty in this case and he need to fulfill all
losses of her which she has neared in to store and also provide some health remedy and
also company need to bear treatment expenses of her to make feel them proper
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justification of their issues within the firm as well. So leader should have made care about
her instead he is doing their other jobs at the workplace. So it could be said that a leader
had not done his proper responsibilities about to the care of their employee at the
workplace properly. So that according to the Health and Safety Act 1974 leader are guilty
in this particular situation and According to this Health and safety Act 1974, he must
furnish some remedy to the girl and also provide an appropriate medical treatment to her.
So that she would be able to receive a proper remedy and justice with the help of legal
provision of this act.
TASK 3
P.4.suggest appropriate legal solution for each of the business problem
(1) In this case Calvin, Calvin is not making illegal activities at the fashion store and when
Donna enters into the work on Monday that time Calvin is in the condition of some
suspicious activities being done by Calvin. So Donna had also checked store's pretty cash
box of his office and find out that there are 100 Euros are missing because of some
reason but she has blamed on this mischief for Calvin and fire Calvin from his job. So
this is not a proper justice according to legal provisions. According to the unfair dismissal
Calvin have authority to take a legal action against Donna because you are dismissed
from your job without any doing illegal work at workplace (Baden-Fuller, C. and
Morgan, M. S., 2010). Calvin can give an unfair dismissal claim on Donna because she
has not done proper investigation process at the workplace in absence of Donna in the
office. Calvin has not theft her 100 Euros from the fashion store's pretty box. Calvin can
take a legal action against Donna to demand for all losses of Calvin after firing from the
job from the fashion store and also demand for relevant remedy for all losses of Calvin.
Wrongful dismissal could find out when employee are not making objection because of a
gross breach of contract by their employer and Calvin. There is breach of contract
occurred and According to the companies Act 2006, Donna is proved guilty person and
need to provide all demanded things of Calvin from the organisation and also furnish
some remedy and bear financial losses by Donna which is being reason for all losses of
Calving because of some misunderstanding at the workplace and some of wrong decision
made by Donna towards Calvin.
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(2) Dan is the person who has loosed his small convenience store in two times and both times
he has claim for insurance company for fulfill their losses effectively but in the second
time insurance company refused against claim because of his claim was wrongful
according to the policies of insurance company. Dan cannot claim again on the insurance
company before 2 year of his last claim.
 Fraudulent misrepresentation: there are some representation by Dan which was
wrong in front of insurance company so that their second claim cannot proved
legal with their information provided by Dan in untrue and they are making
without believing it is true in this condition (Trompenaars and Hampden-Turner,
2011).
 Negligent: There is a negligent misrepresentation between Dan and insurance
company according to the Misrepresentation Act 1967 and there are some
statements which are clearly careless and with any fact reason which is his
statement about his last claim on insurance company was about 23 months only.
 Innocent misrepresentation: This is occurred when a person enter into a contract
in which his or her wrong statement was true and his statements are not making a
wrongful idea about Dan (Low, Chen and Wu, 2011). In this case Dan are making
their misrepresentation towards the insurance company that he is not a proper
condition in which they can claim on insurance company.
P.5. Provide a justification of solution by either referring of a relevant statute or using an
appropriate case
We would take second case which is, Dan has played a misrepresentation by his wrongful
statements about to his previous claim on the insurance company which was not fair according to
the legislation. So that there is misrepresentation Act 1967 enforces in this case and according to
this act fraudulent misrepresentation are being fit for this case which is, if someone is giving
wrong information when they enter into the contract that time their information provided by both
companies must be right and also have some effect in which they can not claim on other party
because of there are several reason in which they can take a proper action against the guilty party
1967 (Altman and Low, eds., 2012). Both parties are making their some wrong work when they
entered into the contact. They need to develop their some effective working condition and in
which they can also have some legal action against the injured party when they claim for the
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company in that particular condition in which Dan were not giving a relevant and proper
information about to their previous claim on the insurance company which are not fair.
TASK 4
P.6. Explain alternative disputes Resolution (ADR) and its types and process and compare the
effectiveness of two different recommendations
Alternative dispute resolution in the methodology in which certain disputes are resolved
with the help of alternative dispute resolution procedures. It focuses on the process in which
disputes can be settled without asking help of litigation (Chesbrough, 2010). One of the major
use of alternative dispute resolution is that ADR process is always a collaborative process and
there are some alternatives in which different-different types of disputes can be resolved
effectively.
There are several benefits of alternative dispute resolution process which are as following:
 Most of the major benefit of ADR process is that there are no high expenses in this
process that can be afford many of the organisation and individual as well. There are no
need of high expenses and high charges of having this type of process in this condition so
that it could be said that it is a less expensive dispute solving proves rather than court
process which are lengthy and costly often time.
 Another benefit of Alternative dispute resolving process, this process also save the time
of both parties which they want to spent less time to solve their disputes effectively. So
that ADR is the process in which both parties can take a quick step of resolve their issues
effectively without going court and without wasting their time effectively(Casadesus-
Masanell and Ricart, 2010).
 This is more cost effective than litigation process, because of litigation process are more
costly and there are several lengthy option which make complete harder for each
individual so that it could be said that ADR is less costly process than any other legal
dispute solving process so it helps to minimise the value of the cost for solving their
disputes between two party. ADR process is also a quick process it takes lesser time then other process which are
available in this condition so that it could be said that it saves so much time of clients
effectively.
There are some Alternative dispute resolution options which are as following:
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 Arbitration: In this process, a mediator person who listen each parties issues and problem
effectively and then make an appropriate decision according to the case which are
listened by arbitrator in this condition in which they want to resolve their issues
effectively. Mediation: In this process, an impartial person this is called a “mediator” assists the
activities to solve the disputes and reach to the acceptable resolution of the disputes
between the two parties. The mediate does not decide the final result of the dispute but
helps in practices communicating both the parties and could try to solve the disputes
themselves Mini trial: This is the part of alternative dispute resolving process in which most of the
time large scale disputes are being resolved and there are some other options in which
most of the time complex questions are being asked in this process regarding to the
problem oriented question to assess the disputes' capacity to solve them effectively.
 Neutral Evaluation: In neutral evaluation process, each party of disputes get the chance
to proof their evidences and present their case of each side in front of evaluator. Then the
evaluator furnish an opinion on the strength and weakness of each evidences presented by
each parties and give suggestion about how disputes can be resolved.
Above all these are the process which could be taken by the process in which mostly they
can generate their some issues that could effectively solved by ADR alternative dispute solving
option this option most of the time help to resolve their legal issues effectively.
CONCLUSION
From the above discussion, we have concluded that there are a strong English legal
structure are presented in the UK which provide a wide range of legal protection to the country
in terms of resolving their legal issues effectively. In this research we have concluded about to
the English legal structure and also the different sources of laws which the UK organisations
must comply with and explain the role of the UK government in order to making their law
process in the parliament as well. Moreover, it is also concluded that in give case appropriate
legal solutions are provided to the business problems and also furnish some justification about
cases in which appropriate legislation provisions are being enforced according to the UK
legislation system.
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REFERENCES
Books and Journals
Michelini, L., 2012. Social innovation and new business models: creating shared value in low-i
ncome markets. Springer Science & Business Media.
Low, C., Chen, Y. and Wu, M., 2011. Understanding the determinants of cloud computing
adoption. Industrial management & data systems. 111. 7. pp.1006-1023.
Osterwalder, A. and Pigneur, Y., 2010. Business model generation: a handbook for visionaries,
game changers, and challengers. John Wiley & Sons.
Casadesus-Masanell, R. and Ricart, J. E., 2010. From strategy to business models and onto
tactics. Long range planning. 43. 2-3. pp. 195-215.
Chesbrough, H., 2010. Business model innovation: opportunities and barriers. Long range
planning. 43. 2-3. pp. 35
Altman, I. and Low, S. M. eds., 2012. Place attachment. Vol. 12. Springer Science & Business
Media.
Trompenaars, F. and Hampden-Turner, C., 2011. Riding the waves of culture: Understanding
diversity in global business. Nicholas Brealey Publishing.
Baden-Fuller, C. and Morgan, M. S., 2010. Business models as models. Long range
planning. 43. 2-3. pp. 156-171.
Bucherer, E. and Uckelmann, D., 2011. Business models for the internet of things.
In Architecting the internet of things. pp. 253-277. Springer, Berlin, Heidelberg.
Happel, J. and Brenner, H., 2012. Low Reynolds number hydrodynamics: with special
applications to particulate media. Vol. 1. Springer Science & Business Media.
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Baumeister, R. F. ed., 2013. Self-esteem: The puzzle of low self-regard. Springer Science &
Business Media.
Goleman, D., 2017. Leadership That Gets Results. Harvard Business Review Classics.
Harvard Business Press.
Sekaran, U. and Bougie, R., 2016. Research methods for business: A skill building approach.
John Wiley & Sons.
Wheelen, T. L. and Hunger, J. D., 2011. Concepts in strategic management and business policy.
Pearson Education India.
Bellaouar, A. and Elmasry, M., 2012. Low-power digital VLSI design: circuits and systems.
Springer Science & Business Media.
Johnson, M. W., 2010. Seizing the white space: Business model innovation for growth and
renewal. Harvard Business Press.
Bryman, A. and Bell, E., 2015. Business research methods. Oxford University Press, USA.
Zott, C. and Amit, R., 2010. Business model design: an activity system perspective. Long range
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Hair, J. F., 2015. Essentials of business research methods. ME Sharpe.
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