Business Law in International Contexts

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Running head: BUSINESS LAW
Torrens University Australia
Business Law in International Contexts
Tony Aro
00223424T

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Table of Contents
1. Introduction..........................................................................................................................3
2. Discussion..............................................................................................................................3
2.1 Applicable Legal Concepts in the Business......................................................................4
2.2 Assessment of an Employer’s Requirement....................................................................6
2.3 Contract..............................................................................................................................7
2.4 Agency.................................................................................................................................8
2.5 Intellectual Property..........................................................................................................8
2.6 Law of Torts........................................................................................................................9
3. Key Findings.......................................................................................................................10
4. Recommendations..............................................................................................................10
5. Conclusion...........................................................................................................................10
References................................................................................................................................11

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1. Introduction
A business takes place within a specified legal context especially at the time its
complete analysis, which is strictly regulated by law. The law that has been formulated and
implemented for constraining the activities of a business is known as the business law (Kelly,
Holmes & Hayward, 2005). The paper is organized in such a manner that proper information
about the specific elements of the business law can be attained. Firstly, a precise analysis of
South Africa’s legal structure will be conducted. It will be done so that the country’s three
pillars, involving judiciary, legislation and executive can be assessed. Secondly, the question
of an employer’s requirement will be discussed so that the businesses’ requirements can be
understood. Thirdly, the country’s law that has been formulated around the contract is to be
discussed and lastly, the IP (intellectual property) is analyzed. The scene involves an
American retail brand, which is aiming to operate its business in South Africa. The aim of
this paper is to distinguish in details all the legal specifications that are associated with the
business law.
2. Discussion
2.1 Applicable Legal Concepts in the Business
Legal aspects are actually an important part in the society, which aims to provide
specified rules for individuals and businesses. There is a huge impact of the law on every
possible aspect of the business (BPP Learning Media Ltd, 2012). According to Certified
Management Accountants of Ontario (2012), “the difference between winning and losing in
the business world often depends upon the ability to make good choices from a legal
perspective” (Certified Management Accountants of Ontario, 2012). This precisely explains

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the effect that law has on the business. In order to prevent the business from facing hard
choices or meet failures, it is important for an individual firm intending to operate a business
in South Africa to have a global perspective towards the business-related laws. This can
further enable the organization to establish in the international markets such as South Africa.
Firstly, the legislation of the South African government constitutes the National
Legislature or the Parliament. It actually possesses the ultimate legislative authority of South
Africa that has the supreme power of formulating laws on the basis of the country’s
constitution. The parliament of South Africa consists of the National Council of Provinces
(NCOP) and the National Assembly. The work of the National Assembly is to ensure the fact
that the rights of the people are protected. Moreover, it looks after the fact that democratic
governance is executed in the country as stated in the Constitution. The laws that are
formulated and implemented by the legislation ensure to encourage people’s participation in
it(Government of South Africa, 2018). The retail brand can get highly affected by the laws
that are formulated by the legislature. One such example is the South African Retail Council
(SARC). It aims to focus on the labour relations and legislative affairs of the retailer. The
benefits that are provided by SARC involve three factors. They are, networking, advocacy
and resources and information (Gauteng Province, 2012).
The judiciary of the country is completely independent and is responsible to formulate
laws and the Constitution. South Africa’s Constitution provides special allowances to some
courts such as the Constitutional Court, high courts, Supreme Court of Appeal (SCA),
Magistrate’s and other courts. Moreover, the judiciary system of South Africa has the
presence of varied special courts and that involve the Land Claims Court, the Electoral
Courts, equality courts, the Labour Court, Military Courts, and the Labour Appeal Court.
(Brand South Africa, 2017). The judiciary of the country tends to maintain the equality