Business Law Exam Paper for BSC (Hons) Business Management with Foundation
Verified
Added on 2023/06/09
|5
|2195
|251
AI Summary
This exam paper is for the Business Law module (BMP4002) of BSC (Hons) Business Management with Foundation course. It covers topics such as types of law, legal systems, hierarchy in English legal system, sources of English law, and contract law.
Contribute Materials
Your contribution can guide someone’s learning journey. Share your
documents today.
BSC (Hons) BUSINESS MANAGEMENT WITH FOUNDATION SEMESTER 1, EXAMINATION 2021/22 BUSINESS LAW MODULE NO: BMP4002 Exam Paper Release Date & Time: Saturday 11 June 2022 at 10:00am Submission Cut-off Date & Time: Monday 13 June 2022 at 10:00am --------------------------------------------------------------------------------------------------------------- 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 Answer to the Question no. 1(i): According to the English legislation law is defined as rule or set of regulation which can be enforced by the legal system of the country which focus on regulation of government or the state and the relationship which exists between various aspects of the government and its subjects along with the relationship or conduct of subjects towards each other. There are different types of law in United Kingdom which include property law criminal law commercial law and administrative law among many others. Answer to the Question no. 1(ii): Criminal law in United Kingdom focuses on defining criminal offences and the regulations and procedures which can be applied when the police investigate an offence which they allege an individual have committed or when the prosecuting authorities are charging an individual on the basis of allegations or when an individual is to be appear in a Criminal Court. On the other hand commercial law in United Kingdom Is defined as the legal classification which focuses on regulation along with sale and purchase of goods and services in case of any business activity which is being conducted in United Kingdom. The difference between these two classification of Legislation is that commercial law focuses on commercial activities in United Kingdom while can criminal law is centred around legal procedures related to criminal offences in the country. Criminal law solicitors focus on utilizing their knowledge and experience to ensure that their client gets the best outcome from the case. On the other hand commercial law focuses on solving legal procedures
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
related to business activities in the country. Commercial law focuses on legal activity within the range of starting business formation insolvency employment issues debt collection contracts and contract disputes buying and selling a business incorporation business expansion and mergers and acquisition. On the other hand criminal law covers areas which include crime against body crime against property felonies misdemeanours and strict liability offences . Answer to the Question no. 1(iii): There are primarily for distinguished legal system in United Kingdom which include English and Welsh law Scots law Northern Ireland law and after 2007 purely Welsh law. This is because of its history and the relationship between different regions of United Kingdom. The English and Welsh law focuses on the legal system which is implemented in the courts of England and Wales focusing on both civil and criminal matters. The foundation of English and Welsh law is the principles of common law with its distinct legal doctrine from the days of 1189.The Welsh law is the main and secondary legal system created by the official village parliament with the application of authority granted in the government of Wales at of 2006. It is a fairly recent different legal system in United Kingdom (George, 2018). In context of northern Ireland the legal system present in the region is common law system which is managed by the courts of Northern island with the main appeal leading to Supreme Court of United Kingdom in context of both civil and criminal matters. Finally the Scots law is a unique and distinguished legal system within United Kingdom which is founded from Roman law and based in unqualified civil law which dates back to corpus Julius civil as which includes characteristics of common law as well as mediaeval sources. Answer to the Question no. 2(i): The hierarchy in English legal system consists of three divisions which are the Queen’s bench the Chancery division and the Family Division. Under this hierarchy a Court of Appeal has the singular function of appellate chamber (Sharma, 2020). The civil division focuses on dealing with appeals from High Court and the county dealing with appeals from High Court and the county quote while the criminal division focuses on dealing with the appeals from the crown court. The final appeal in case of legal system in United Kingdom is the Supreme Court of the United Kingdom for civil cases and criminal cases which originate from England Wales and Northern Ireland. The two main sources of English law can be classified into legislation and case law. The legislation refers to statues sis and regulation while the case law refers to decisions of the court. Apart from this the two other previous sources of United Kingdom law include European Union law and European Convention of human rights. But after the departures of United Kingdom from European Union the European Union law are European Convention of human rights does not act as a source of law under the English legal system. Answer to the Question no. 2(ii): Legislation is defined as the written laws of United Kingdom which include acts of parliament. On the other hand if the scope of definition of legislation is enhanced it also includes Lords which are created under the powers conferred by acts of parliament. The primary factors of legislation in the United Kingdom include unmodified nature, flexibility, traditional unitary but now debatably a union state, monarchical and parliamentary. 2of5
Case law which is also referred to as judge made law is one of the main sources of English law which creates the doctrine of president in English legal system and is published in the law reports (Rocha, Villar and Bessa, 2019). The characteristics of case law in United Kingdom is that it is created and decided by judges where judicial president of rates under the principle of stare decisis which literally means to stand by decision. Answer to the Question no. 2(iii): Language policy in fact multilingual organizations in United Kingdom. The English law is flexible enough to provide multilingual businesses a suitable environment for any kind of legal procedures. Answer to the Question no. 3(i): According to the English lower contract is defined as an agreement between two or more parties which is legally binding. A contract is voluntary agreement which helps parties reach enforcement of law. Although a contract can be considered a legal term but it comes into play in daily lives of every individuals when an individual goes to supermarket to purchase groceries or when an individual buys ticket to cinema. The primary features of the English contract law are defined below which includes the following parts: Formation of a contract Contents of a contract End of a contract Formation of a contract According to English law the three essential requirements for drafting a contract include agreement contract real intention and consideration. A contract is formed after the creation of an offer which may be for insurance offer of money or purchasing certain products (Moloney, 2021). After this the other party accepts the offer which provides the basis for formal agreement or the party can also not accept the offer and make a counter offer. It is important that both parties engage in clear communication so that offer and counter offer is understood by each member. In case of the English contract law consideration is defined as a valuable element which is a necessary part of completing a promise to ensure that it becomes a legally binding contract. In order to form a contract the following requirements need to be finished in context of consideration which are provided below:, Consideration must be sufficient but need not be adequate. Consideration must not be from the past. Consideration must move from the promise. 3of5
The concept of contractual intention refers to Having the intention to form agreement which is legally binding between them (Jackson and Deeg, 2019). The intention to create legal relationship is absent the parties involved in formal a legally binding contract are not able to sue each other. Finally the last element of forming a contract is a contract form which is not necessary for every type of contract as most contract are formed orally or in some cases without any oral or written communication at all. Here the contract law affects a commercial organization as the company has to follow each of these characteristics in order to form a legally binding contract with any other parties including its employees or third parties related to its business. There needs to be an offer made to the party which needs to be accepted with consideration for something of value and contact all intention (Walmsley and et. al., 2018). Finally most commercial organization also need to ensure that there is a form of contact made to ensure that there is a written evidence for specific contract is it can be used in case of an illegal travel in the future. Contents of a contract The two main elements of a contract are expressed terms an implied terms. The contents of the contract which all the parties agreeing to form a legally binding contract have created India agreement are defined as express terms while implied terms refer to those contents which are not expressly stated but are employed because of good intention of the parties or by operation of law or by custom or usage. In this case commercial organizations are affected by the contract law as they need to determine which terms are come under express terms and which contents of the legally binding agreement they are forming with another party come under implied terms. It is important to differentiate between these two terms as it helps ensure that the contact is effectively enforceable and there is no legal trouble in future or any loophole on the basis of which the organization can be sued. The end of a contract The four ways through which a contract can be ended include expiration termination, vitiation and frustration (George, 2018). Expiration refers to the point at which a contract comes to its terms and is end it because of a fixed expiry date. Termination of a contract is conducted on the basis of breach anticipatorily breach or termination for breach. Vitiation refers to the situation in which the members forming a contact have been able to form an agreement but there is an area of existence or non existence of some fact or occurrence or non occurrence of specific matter which has been eliminated due to discharge of an agreement or in some other way it is vitiated. In this element of a contract and organization is affected cause it has to follow all the regulations in context of ending a contract and determining under which column the termination or expiration of a contract comes so that it is ended in a lawful manner and the organization does not have to face any legal troubles because of its end. 4of5
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Reference List (if Any) Jackson, G. and Deeg, R., 2019. Comparing capitalisms and taking institutional context seriously. Journal of International Business Studies, 50(1), pp.4-19. Moloney, N., 2021. Financial Services under the Trade and Cooperation Agreement: Reflections on Unfinished Business for the EU and UK. Rocha, R., Villar, J. and Bessa, R.J., 2019, September. Business models for peer-to-peer energy markets. In 2019 16th International Conference on the European Energy Market (EEM) (pp. 1-6). IEEE. Sharma, D., 2020. Employer-employee relations: A judicial perspective. LBS Journal of Management & Research, 18(1), pp.17-24. George, S., 2018. TLP for Employee Relations and Labour Laws 2015-2016. Walmsley, A. and et. al., 2018. Reactions to the national living wage in hospitality. Employee Relations. The End 5of5