Legal Framework and Business Strategy

This assignment examines the relationship between law and business strategy. It requires students to analyze how legal frameworks can be leveraged as a source of competitive advantage, considering concepts like strategic contracting and proactive law. The assignment also delves into the ethical implications of business decisions within a legal context, incorporating discussions on bribery laws and organizational criminal liability. Students are expected to draw upon various scholarly sources, including academic journals and legal texts, to support their analysis.

BUSINESS LAW

INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1: Format of English legal system and various sources of laws...............................................1
P2................................................................................................................................................3
TASK 2............................................................................................................................................4
P3: Implication of business laws over an organisation...............................................................4
SECTION 3......................................................................................................................................5
P4 Legal solutions to business problems....................................................................................5
P5 Justification............................................................................................................................6
SECTION 4......................................................................................................................................7
P6 (a) Concept and advantages of alternative dispute resolution...............................................7
(b) Recommendation...................................................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES................................................................................................................................9

INTRODUCTION
Law is an essential aspects for any business and society in that it deliver certain rules
through which people and business can interact. It can be affected in almost every function and
areas of business operations. There are various laws those are applicable in every situation in
order to rectify any mistakes or issue that are arises in an organisation (Bagley , 2010 )
. It will provide specific direction to an individual, financial institution, regulatory bodies and
many other departments. Every law which is implied in a particular situation are prepare by
parliament bodies of respective nations.
This project report is providing crucial information about business law system those are
govern by various activities in order to follow certain rules and regulations. Understanding of
using English legal system and various regulation those are essentially to follow by an
organisation. Role of government bodies and legal solution to all those problems those discuss
under this reports are mention clearly. Examination of certain benefits of using ADR process in
business law are explain under this report.
SECTION 1
P1: Format of English legal system and various sources of laws
Legislation is a combination of various legal laws and regulation that is more effectively
needed to be followed to each and every people in the country. It consists of various systematic
rules for conducting business in more effective manners. Certain fines and penalties are mention
in the regulation of statements. Those are needed to be follow to every parties involve in
business activities. Every business whether small or large they require to control all legal aspects
through using legal laws (Bodie, Kane and Marcus, 2014 ).
In case of any breach of contract, parties can sue according to the mention rules
applicable under those mention situation. English legal system include mainly two aspects such
as criminal and civil laws. Generally, it is applicable in UK and Wales where legal authorities of
northern Ireland use to follow some sort of system as per the mention justice court orders. Hence,
top most position of English legal structure is based on supreme court that is totally known as
house of decision maker and judgements office.
However, this has been seen that both legal bodies are varied as per each other those are
mention underneath:
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Civil law Criminal Law
According to this particular law that deal with
certain crimes in which people are associated
in a crime individually termed as civil law.
These are related with public misdeeds and
breaches.
In this particular law, both the parties is having
right to make appeal in the court.
Under this, only limited appeals can be filed.
Non-unanimous jury can conduct in any case
proceedings.
Unanimous jury can conducts any
proceedings .
Illustration 1: English legal components
(Source: Terence Ingman, 2011):< http://tarlton.law.utexas.edu/english-law>.
From the above charts, it has been seen that both decision making authorities are dealing
in distinct condition while somehow certain objectives is more common those are related with
wrongful activities (Crane and Matten, 2016).
. However, legal person is trying to implement victims to compensate because of insolvent if
necessary.
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Sources of law: There are certain sources which is essential aspects those are related
with birth or development of various rules, belief and regulations. These are consider as one of
the crucial aspects of English legal system. Thus, sources of rules can be helpful in order to
analyse reason specific reason of various cases those are related evaluating some motive. Some
of sources are discuss underneath:
Legislation: It is one of the main sources of law which is associated with legal laws and
regulation those are authorised by a concern group of parties. It can serves, plenty of objectives
such as effective regulation, authorisation of certain rights and many other aspects.
Case law: It can be identify with other names as judicial precedents. It is mostly related with the
doctrine which relies on star Devises. They have been implemented as a crucial aspects in civil
laws. It can use to serve as a foundation of development of decision-making those are related on
the past judgements ( Di Matteo, 2010).
Constitutions: It is consider to be the most effective sources of law that enable creation
and allocation of powers among various judiciaries branches and executive segment of English
legal system.
Statutory law: It is known as set of policies that are summarise of certain rules and
regulations which is in written form. It is done through a group of legislation or individual legal
system.
Role of solicitors, barristers and judges in UK legal system
Solicitors are people who help individuals in sorting their problems by carry out
proceedings in magistrate's courts. They provide suggestion to companies as they have
knowledge on various laws of finance, employment and property. They help executives to make
their system function according to government rules and regulations. They provide advice to
their clients and make them safe from unfair trade practices and represent on court on behalf of
them.
Barristers are at higher position than solicitors and their responsibility is to stand on their
behalf and provide information to judge about various issues which firms are facing. They have
professional knowledge so that they are able to present correct facts and evidences are presented
so that correct undertaking is take place. They are people who are self employed while some
work for banks, enterprises and corporations.
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Judge is person who is at top position as they are required to take appropriate decision on
the basis of information presented by barrister in favour of their clients. They required to be
qualified and posses complete knowledge of all laws so that they are able to carry proceedings
through which they are able to solve cases properly. They need to consider that evidences
presented are correct.
P2 Role of government while making law
Government plays an important role in development of laws for nation which includes
the preparation of many policies and strategies which are followed by individuals and
institutions. The main role of government is preparation of bill which are present in front of the
parliamentary authorities to get their permission. So, in the process of making legislation, laws
are proposed by government and approved by parliamentary authorities. House of lords also have
the contribution in the process of law making through two ways, first the laws which are
proposed by government are required to approval of Hose of Lords and secondly, in absence of
statutory law, house of lords make common laws which are applied on individuals of nation
(Eren and et. al., 2012).
Stages which are included in law making
Issues arises on agenda of government: The issues which are arises in agenda of
government are dealt by members of parliament and house of lords. The role of both these house
is to contribute in the process of law making.
Ideas for addressing problems: solutions are find out regarding the problems expressed in
bill.
Consultation with experts: Taking the feedbacks and views from law experts to
understand principles and problems in more appropriate manner.
Green paper: It is called as structure of bill prepared by government requires the approval
of MP's and attain their suggestions on legal system (Knudsen and Foss , 2013).
White paper: It is a document which includes policies which helps government regarding
preparation of future laws. It is called as informational document.
Permission of cabinet ministers select best proposal: MP's select the best proposal out of
the all bills present in front of them, having best laws and policies. This bill is forward to
committee to make draft of law.
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Proposals are made on bills: Experts are appointed to effectively introduce guidelines
which are present on bills.
Scrutiny by parliament: The members of parliament scrutinises the bill and proposals
which are made by experts. This requires the approval of both houses.
Parliament stages:
Final decision is taken by monarch of a parliament. Therefore final approval is given by
them which further signifies as an effective act and followed by everyone.
TASK 2
P3: Implication of business laws over an organisation
In every business laws is needs to contain certain rules, regulations and strategies that is
require to be implemented to every business concern. If business will not use to implement this
particular laws according to the government situation (Grundfest, 2010). This will make huge
impacts on operations level of an organization.
(a.) Employees rules and regulations in accordance with below mention situations:
Occupational safety and health Act: According to this particular acts around 1970
which is related with employees health and safety rules. As per this law an association is liable to
create a environment free from any accidental things by implementing various rules or
regulations. Along with this major objective of this act is to prevent their employees from
various attacks by securing them from dangerous activities.
Workers compensation:- Legal bodies are worrying about their employees due to which
they introduced this act in which an organization is liable to provide additional benefits to their
labours instead of cash such as; medical facilities, compensation and so on. Hence, it has been
analysed that an association must offer services rather than money in order to prevent employees
at the time of requirements as well as family members.
Harassment :- It is a kind of wrongful activity in which a person is getting exploited by
some other individual. Moreover, forceful action with other one is known as harassment. For
example; sexual activity by male with female for self satisfaction without the consent of lady. It
means it falls under wrongful activity due to which legal bodies have implemented an effective
law which is applicable on entire nation ( Johnson, 2013).
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Equal opportunities:- As per this factor it is essential in an organization to provide equal
chances of growth or development to each or every employees without discriminating amongst
them.
b) According to give case study it has been observed that 16 year old is get injured due to
insecure behaviour of management team which means girl who is working in an organization
met with an accident while performing her job role at workplace. This problem occurs due to
inappropriate behaviour of supervisor who is neglecting entire situation without having any
responsibility on their shoulder. Thus, according to law an organization need to implement
various appropriate activities to reduce accidental situation at workstation. Therefore, in this
situation manager of an association is liable for this activity it means they have to pay for this.
SECTION 3
P4 Legal solutions to business problems
Legitimate bodies is enforcing number of laws and acts which is applicable at workplace
while running their business entity in order to prevent employees from exploitative activities (
Kinicki and Kreitner, 2012). Thus, it has been understood that number of useful or appropriate
legal solutions are enacted by legal authorities that are adopted by companies while managing a
business activities in an effective way.
a) According to first case study it has been determined that Calvin who is working in a
fashion house since four years is facing a unusual problem due to his supervisor Donna. In given
scenario Donna is a employer of Calvin and one day she suddenly went at workplace and
immediately checks the petty cash box of an organization. Thus she founds some shortage of
fund and decides that Calvin is responsible for this activity and punish him without any genuine
reason. Therefore after considering entire situation it has been assessed that in the eye of law
Donna has done a wrongful activity because she doesn’t know about truth and make final
decision without considering relevant facts or figures. Hence, according to law Calvin have the
authority of taking major step against his employer such as:- (i) Right to file case against his
supervisor for accomplishing this wrongful activity, (ii) authority to charge compensate for his
losses, (iii) right to punish Donna because of wrongful activity ( Mann and Roberts, 2011).
Companies are required to take care that they treat employees fairly and provide them
positive working environment so that they perform their tasks properly. They should provide
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equal opportunities to all members, giving chances through which they are able to move up in
their career. Employer need to formulate policies through which they are able to make their
system work legally and eliminate incorrect practices. They are required to have complete
information about problems faced by their workers so that they are able to solve their grievances
and make them perform tasks appropriately. HR should examine all components before taking
any decisions as this will affect their workability if they have taken out wrong person. In unfair
dismissal, they need not provide them notice before firing them from their job while in wrongful
dismissal they are required to provide them prior note and specify reason behind their
termination.
b) In the second case study Kevin’s father is facing a issue of insurance as his store get
destroyed due to fire barriers and he didn’t claim their money due to which they cant able to
recover damages. Along with this does not aware with the policy of an organization because of
which failed in recovery money. Hence according to law Kevin’s father have the authority to
recover their money in a lawful way by having a healthy discussion with organization. Moreover,
try to resolve this issue out of the court without getting involved in long process of legal
formalities. It means it is essential to make a mutual understanding with members of an
organization in order to resolve problem.
Their were problems as judiciary is not ready to compensate firm as according to them if
they have given them money two years before. Therefore, they are not ready to give them funds
now. But, since there is wrong presentation of information by their business persons as they they
have not given correct date of their past accident.
Secondly, court is also inaccurate as they should themselves also conduct survey to
enquire about the case. Then they will get appropriate data and fairly provide funds to people as
they get correct information through which they are able to give significant hearing.
Thirdly, they must have take opinion and get documents checked from solicitors before
sending to court so that they were able to anticipate their wrong things and make relevant
changes.
P5 Justification
According to above legal solutions it has been analysed that prescribed tools or
techniques to Calvin and Kevin’s father is highly appropriate in the eye of law because main
objectives of legitimate bodies are to create a environment free from discrimination. In fact, it is
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essential to resolve problems by highlighting rights or authorities of individuals. Along with this
English legal structure of European nation are focussing on protecting rights of employees
performing at workplace and granting different authorities to them in order to protect themselves
from exploitative activities ( Nichols, 2012). Hence above solutions of filling case against
Calving employer is an appropriate solution as well as resolution insurance problem from out of
the court is also suitable at this case.
SECTION 4
P6 (a) Concept and advantages of alternative dispute resolution
Some place the ADR is such which is being utilized to tackle hindrances and struggle in
the middle of the two gatherings and the strategy which is considered as method for expelling the
different impediments and it is relatively utilized by various and different nations in world.
Subsequently, exchange assessment is obtained and this is being received by the overall
population and general society in nation. In addition, as indicated by such different methods is
received by association to determine the circumstance and issues and with the assistance of go
between and outsider too and it clears all the concealed articulation in right prospect.
Thusly the real thing of ADR hypothesis is what is being utilized by the organization as
this assistance organization to comprehend their debate and amongst parties and such thing help
to distinctive apparatuses and some of those are as per the following in such criteria as:
Negotiation: In such circumstance there isn't accessibility of outsider and those gathering
who come in assertion are subject to tackle their issues and barriers by their own quality and in
this the important reality and figure is in spite of the fact that examined in right way with the
goal that precise arrangement can be given to them ( Robson, 2010).
Mediator: In such circumstance there is an outsider who is in charge of exchanging the
message of one gathering to another gathering in powerful way and such thing enable them to
top expel issue looked by them. In spite of the fact that, in this different instrument are there and
in such go between is what assumes an imperative part as on the grounds that they are those on
which all the issue is reliant and in charge of illuminating the different circumstance happened in
working criteria of assertion producer.
Arbitration: This hypothesis says that and in this circumstance the contractual workers
enlist a judge and other individual to take care of their issues and issues with the goal that they
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can work in right difference. Giving answer for individual and other thing with important figure
and truth in appropriate way.
Additionally, with such circumstance it is comprehended that different options are there
which is being debate determination are identifies which is especially suitable and some place it
likewise considered as useful for reducing the question and issues in the middle of alternate
gatherings in legitimate configuration. Along these lines, different advantages are there of ADR
and such thing must be followed in right complexity and some of those are as per the following:
 Albeit, different clear and shrouded proclamation are given in appropriate explanation.
 It is having an obligation of powerful system and it likewise resolve different issues and
day and age without sitting around idly of individual in appropriate way.
 Also, in this the base measure of capital is required to have a compelling working.
 Ought to have a base number of individual in showcase with the goal that proficient can
work in right quirk ( Siedel and Haapio, 2010).
(b) Recommendation
As per given circumstance, the Antwon and Tyrell are individual who is working from
last such a significant number of years. In spite of the fact that, it has seen that different issues
and issues does emerge and this set aside a considerable measure opportunity to make him
settled in right peculiarity. There are different things which is making obstacle and struggle in
the middle of the gatherings and this influence their working in different ways and furthermore
hampers working of their working and undertaking ( Snyder and Deaux, 2012). zIn all such
circumstance is what is being utilized to and proposed to both in spite of the fact that danger
additionally can be there as they can likewise run with the discretion of process and gatherings
which are incorporated with this and they prompt that level of arrangement where they both get
happy with such circumstance and some place it is all adequate by all. They the two needs to
higher judge and it is required to reveal to them all certainties which is being identified with
various clash.
This is what is being useful for individuals to comprehend the each other perspective and
it make settle the issue and bringing the two gatherings at such level where they can feel that
arrangement is precise and get fulfilled. Despite the fact that this thing is such which influence
them to proceed with their working in appropriate way and different operations to can be kept up
with relationship for longer period ( Alternative dispute resolution (ADR), 2017)..
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Aside from such thing it is such technique which is being kept up by them in right complexity
and it incorporate inside undertakings which will be utilized by picture and both the gatherings
can be engaged with such situation. In spite of the fact that this technique is costly in nature and
in it must cost is required and some place this can be used for advance by both the gatherings and
benefits are kept up by them in right quirk. Additional time is some place it is included
promotion they run with over and over to court so they can resolve their contention in legitimate
peculiarity and inside the day and age also.
In this manner, it has been seen and comprehended that the different elective debate
determination are there which is on of amazing procedure and some place they limit the battles in
the middle of the gatherings. Also, the result from proposal is that and closes as Antwon and
Tyrell needs to go and adjust the assertion plot in ADB which enable them to have their working
in right idiosyncrasy and such thing make to take care of various sort struggle and issues.
CONCLUSION
From the above report it has been summarized that laws are indispensable for entire corporate
world because it aids in running a business entity in an effective manner as it helps in resolving
various organizational barriers in a minimum time period. Therefore, assignment is focussing on
necessity of acts, norms , rules and regulations which are designed by legitimate bodies of a
nation for distinct companies in order to defend rights of employees. Along with this their main
objective is to assist managers of an organization towards corrective path by defending workers
from exploitative activities.
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REFERENCES
Books and Journals
Bagley, C.E., 2010. What's Law Got to Do With It?: Integrating Law and Strategy. American
Business Law Journal. 47(4). pp.587-639.
Bodie, Z., Kane, A. and Marcus, A.J., 2014. Investments, 10e. McGraw-Hill Education.
Crane, A and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
DiMatteo, L.A., 2010. Strategic contracting: contract law as a source of competitive advantage.
American Business Law Journal. 47(4). pp.727-794.
Eren, S.S and et. al., 2012. Caching message fragments during real-time messaging
conversations. U.S. Patent 8,255,473.
Foss, N.J and Knudsen, C. eds., 2013. Towards a competence theory of the firm (Vol. 2).
Routledge.
Grundfest, J.A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law. The Business Lawyer, pp.361-394.
Johnson, L., 2013. Unsettledness Delaware Corporate Law: Business Judgment Rule, Corporate
Purpose. Del. J. Corp. L., 38, p.405.
Kinicki, A and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Nichols, P.M., 2012. The business case for complying with bribery laws. American Business
Law Journal. 49(2) pp.325-368.
Robson, R.A., 2010. Crime and punishment: rehabilitating retribution as a justification for
organizational criminal liability. American Business Law Journal. 47(1). pp.109-144.
Siedel, G.J and Haapio, H., 2010. Using proactive law for competitive advantage. American
Business Law Journal. 47(4). pp.641-686.
Snyder, M and Deaux, K., 2012. Personality and social psychology. In The Oxford handbook of
personality and social psychology.
Online
Alternative dispute resolution (ADR). 2017. Available through
<https://www.citizensadvice.org.uk/consumer/alternative-dispute-resolution/settling-out-of-
court/>.
Terence Ingman, 2011. [Online]. Available through< http://tarlton.law.utexas.edu/english-law>>
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