Business Law Exam Paper for BSC (Hons) Business Management with Foundation

This is an exam paper for BSC (Hons) Business Management with Foundation for Semester 1, Examination 2021/22. The paper consists of three questions related to Business Law. The first question defines law in the UK context, discusses the characteristics of the two main classifications of laws in the UK, and identifies the three different legal systems in the UK. The second question identifies and explains the hierarchy of the principal sources of laws in the English Legal System and discusses the impact of respective laws on the multilingual organisation. The third question gives examples of how the UK law making process has a direct impact on commercial organisations focusing on employment law.

BSC (Hons) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER 1, EXAMINATION 2021/22
BUSINESS LAW
MODULE NO: BMP4002
Exam Paper Release Date & Time: Saturday 13 August 2022 at 10:00am
Submission Cut-off Date & Time: Monday 15 August 2022 at 10:00am
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ANSWER BOOKLET
All the pages of the answer booklet should be submitted including blank ones.
Please type your answers in the spaces provided.
Insert additional pages where required.
Student Name
ID Number
[There are THREE questions. You are required to answer all THREE questions. For each
sub-questions, use heading such as “Answer to the Question no. 1(i)” or “Answer to the
Question no. 1(ii)” etc. Start writing you answer from this page (page 2).]
Question 1 – (i) Provide a clear definition of law within UK Context.
Law is a rule or set of rules passed by the parliament to enforce on the people of the country. To
pass a new law, all parts of parliament which are The House of Commons and the House of Lords
must agree with the new law. If they agree they must ask The Queen if the new law can be applied.

Parliament follows a specific procedure to pass a new law. These are made to make humans behave
properly and think twice before doing anything wrong (GOVERNORS, 2018). The law shapes
politics, economics, and society in different ways and works as a mediator of connections between
people.
Question 1 – (ii) Define and discuss the characteristics of the two main classifications of laws
in the UK.
Two main classifications of UK laws are as follow –
Civil Law – Civil law is also known as private law and it outlines the civil liabilities of a person.
Civil law covers the issues that have to do with contracts, negligence, family matters, probate, and
land law. This law assesses the relationship between a person or other legal entities. Private parties
file civil cases and these cases usually include payments and judgments associated with finance.
The person who files the case is called the claimant. Claimants are responsible for proving that the
other party has committed a crime as per civil law. If they win the case the judgment provides them
a recovery as compensation for damage caused by the other party (McEldowney, 2018). In this
system, judges have a limited role in making the law they follow statutes and codes.
 Criminal Law - Criminal law focuses on maintaining the safety of the state and society.
Criminal law sets the rules and procedures for criminal offenses. There are three types of
criminal offenses. Including summary offenses, either way, and indictable only offenses.
Summary only cases are of lower seriousness, It includes cases like driving offenses.
Indictable only offenses are the most severe cases and these cases include murders, rapes,
and manslaughter. Criminal law usually consists of harsh punishments like life
imprisonment. Persons involved in criminal offenses are restricted to limited boundaries.
This law is morally based, more or less every crime carries an element of immoral influence.
Question number 1 – (iii) Identify the three different Legal systems in the UK
The English legal system is divided into three main jurisdictions. The UK has three legal
systems for England and Wales, Scotland, and Northern Ireland every jurisdiction has its
own system and laws. These legal systems are different due to their different cultures,
historic background, and different geographical boundaries. Laws that apply in one system
apply similarly in other systems also. Courts in each jurisdiction can decide cases differently
but the final appeal of every case goes to the Supreme Court. Some different rules and laws
apply in some parts of the UK and do not apply in other parts. Different legal systems in the
country are needed to enforce the law in different parts of the UK. The UK does not have a
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written constitution. Its constitution is to be found in the laws passed by the parliaments.
The result of our lack of a written constitution is that our institutions do not separate the
powers and functions of three branches of the state, the executive, the legislature, and the
judiciary.
Question number 2 – (i) Identify and briefly explain the hierarchy of the principal sources of
laws in the English Legal System
Sources of the English Legal System can be described as primary sources of law and secondary
sources of law. Primary sources of law include legislation and case law. The first hierarchy of
sources of law in the English legal system consists of the supreme authority which is the
constitution of the country. As the UK does not have any written constitution, Legislation or laws
passed by the parliaments are referred to be their constitution (Lupo, and Thiers, 2020). The first
hierarchy is followed by the case laws which are derived from precedent decisions. Decisions of
higher courts must be followed by less senior courts in order to maintain the hierarchy. Secondary
sources of law come lower in this hierarchy. Textbooks by legal writers or decisions by the courts
of a foreign jurisdiction are also considered as the source of law but it falls on the lowest level in
this hierarchy.
Question number 2 – (ii) Explain the characteristics of the sources of laws identified above
giving examples of each
The main sources of law are legislation, case laws, textbooks and commentaries by legal writers,
and customs. The characteristics of sources of law are as follows -
 Legislation - It is a set of laws that are passed by parliament and it is the main source of law
in the English legal system. It is a process of enrolling new law by a parliament. Before
becoming a law the item of legislation is known as a bill.
 Judicial Decision – Judicial decision is the decision made by the courts after looking at the
case, it interprets which law should be applied where. The decision made by the courts can
become the laws for the future, these decisions are regarded as the source of laws (Mulligan,
2022).
 Equity – It means serving justice to everyone. The purpose of equity is to provide a remedy
where the law is not pliable enough to give a fair result to the case.
 Customs – It is one of the most important sources of law. Customs were accepted and
followed by everyone in older times. If someone went against the will of custom would face
punishment. Later with time, these customs were converted into law by the political
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institutions. People trust that customs are good for them that’s why they are believed to be a
good source of law.
 Delegated Legislation – Due to lack of time and for a fast and smooth law-making process
authorities divided law-making powers into different executives. Now, this serves as a
source of law.
Question-2 (c) Discuss the impact of respective laws on the multilingual organisation.
Answer- With the process of taking business activities at global level, sometimes companies
will come to such situation where they have to deal with the employees who speak different
languages. Few companies who are functioning in overseas market find it difficult to work in
multilingual environment and for this they made it compulsory to learn their own language. In this
way these laws and multilingual policies which are formed by the government of the county to
stimulate the participation of different language in the business organisations. Such laws are helpful
in involving and conducting various programs by the management of the company, in order to
enhance the knowledge and understanding of each employees towards the languages of the different
companies. This also assists the company to simplify the operational activities of the business in the
global market. Through these policies of multilingual environment in the management companies
can promote the sense of friendliness among the employees by increasing the communication and
showing respect towards the employees who are coming from the different background.
Implementation of such policies in the market increase the openings for the organisation to gain the
desired target in the global environment by attaining the competitive advantage to handle the rivalry
in the market (Cutting, 2019).
Question-3 Give examples of how the UK law making process have a direct impact on commercial
organisations focusing on one of the below list:
Explain and give the features of one of the following law-
 Contract Law
 The law of Tort
 Employment Law
Answer- In UK, various laws have been formed by the government, which directly or indirectly
influence the working of any business organisation. For instance, employment law which was
imposed to maintain a healthy relation among the employees and employers. And few of them are
constructed for the preservation of interest and rights of the workers at their workplace. The reason
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behind the application of employment law is that there are so many business institutions which are
constantly exploit their employees in various ways. Employment laws are the source which is
helpful and make it possible for the workers to take stand for themselves, whenever thy face any
kind of issues at their workplace (Cormacain, 2021). This made easy for the workers to avoid the
exploitation of the well- established companies and receive fair reward for their work which they
have performed for the growth of the company. Such laws play an essential role in different manner
for the providing benefits to the employees and especially to those who are working on daily wages.
Every company is liable to follow these employment laws in the functioning of their management.
So, with the help of employment law, companies have to perform all the functioning of their
management as per the rules mentioned in these employment law. These laws have been framed by
the legislative bodies by considering several aspect or element through which discrimination can
experienced by the workers. Employment law consist of different parts which together establish a
strong set of laws which are implemented in the functioning of the companies for the workers.
 Employment Rights Act, 1996- This act is renewal of labour law which generally focuses
on protecting the employees regarding the various elements such as issuing holidays,
informing them about their removal from the job by providing a relevant reason, etc.
 National Minimum Wage Act, 1998- This law has been established by the UK government
in order to ensure the right pay should offer to the employees by the respective companies in
which they are working. In this a definite amount has been fixed by the legislative which is
considered as the minimal salary which an employee will get for the survival of their
livelihood.
 Employment Relation Act, 1999- To achieve the desired benefits and raising the voice
against any kind of improper act which could be performed by the employers, several trade
unions has been formed. This helps in building a better relation among the employees and
all these act of the groups is protected by this act of employment law.
 Maternity and Parental Leave etc. Regulations, 1999- According to this act, government
has offered fixed days to the employees which they can take by informing companies before
certain period of time. Under this company is abide to allow this leave without cutting their
salary. But after the completion of this leave if employee wants to take more leave then
management can grant them leaves but those will be unpaid (Edwards, 2021).
 Part- Time Workers (Prevention of Less Favourable Treatment) Regulations, 2000)-
This act has been formed to eliminate any kind of discrimination among those employees
opt for the job on part- time basis. This ensures that there will be no unequal distribution of
payment to the part- time workers in comparison to those who are employed on full time
working.
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 Transfer of Undertakings (Protection of Employment) Regulations, 2006- With the
formation of this act government has taken a necessary step for those employees in United
Kingdom whose business has been transferred to another institution. The perseverance of
this act is associated with the objective to inform the employees about to the actions which
are decided by the management and ask them about their thoughts on the same.
 The Equity Act, 2010- As per this part of employment law, there must be proper equality
among the employees. No discrimination should be tolerated on the basis of age, gender,
religion. With this legislative body of United Kingdom ants to states that it is the duty of
companies to promote the fair working among the employed and should offer equal
opportunities to the employees to present their optimum working (Collins, Ewing and
McColgan, 2019).
 On the other hand, management should give a proper acknowledgement to the employees
for the task which they have performed for the betterment of the business.
Reference List
Cutting, R., 2019. Legislation in the UK. In Vitro Fertilization, pp.801-805.
Cormacain, R., 2021. legislation in Northern Ireland.
Edwards, L., 2021. ‘No Jab, No Job’? Employment Law and Mandatory Vaccination
Requirements in the UK. Employment Law and Mandatory Vaccination Requirements in
the UK (November 3, 2021).
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Collins, H., Ewing, K. and McColgan, A., 2019. Labour law. Cambridge University Press.
GOVERNORS, B.O., 2018. The United Kingdom Law & Society Association.
McEldowney, J., 2018. The UK Supreme Court and Parliament: Judicial and Political
Dialogues. In New Challenges to Constitutional Adjudication in Europe (pp. 214-232).
Routledge.
Lupo, N. and Thiers, E., 2020. Sources and origins of parliamentary law. In Handbook of
Parliamentary Studies (pp. 160-180). Edward Elgar Publishing.
Mulligan, M., 2022. The Challenges to the UK Constitution Since 1979 and Brexit. In The
Impact of Law's History (pp. 49-63). Palgrave Macmillan, Cham.
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