Business Law and Intellectual Property

This assignment provides a collection of references and sources related to business law and intellectual property. The references cover various aspects of business law, including contract law, corporate law, environmental protection, and dispute resolution in corporate multi-tenanted property management. Additionally, the sources include articles on international business law, common European sales law, and comparative law by numbers. The assignment also includes a list of books on business law and intellectual property, as well as online resources for law.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
LO 1.................................................................................................................................................1
P1) Different sources of Law......................................................................................................1
P2) Role of government in law-making and laws applied in justice court.................................2
M1) Effectiveness of legal system in terms of recent reforms and developments......................3
LO 2.................................................................................................................................................3
P3) Significance of company, employment and contract law's impact on business...................3
M2) Differentiation and analysis on potential impact of regulations, legislation and standards 4
D1) Critical evaluation on legal system......................................................................................5
LO 3.................................................................................................................................................5
P4) Appropriate legal solutions for range of business problems................................................5
P5) Justification for using appropriate legal solutions................................................................6
M3) Positive and negative impacts of legal solutions to business problems..............................6
LO 4.................................................................................................................................................6
P6) Legal solutions based on different countries' legal system...................................................6
M4) Comparison and contrast of recommendations...................................................................7
D2) Critical evaluation on use of legal solutions and comparison with alternate legal advice...7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law consists of rules and regulations regarding safety and protecting issues
related to commercial and civil. In this regard, legislation are identified in relation to
employment, contract and protection of oneself as human and social justice. Present report is
based on understanding the laws related to statutory and solving business related issues in the
UK. In this regard, role of government in law making and justice in court are to be discussed.
Moreover, legal solutions to solve issues occurred in business will be introduced in this
assignment. Along with this, rules and regulations regarding employment, contract and business
will be understood to demonstrate the legal system of country. However, legal systems of
different countries will be understood in this report in context of case scenario of AFG Oil
Company.
LO 1
P1) Different sources of Law
According to the case scenario, it is asked by John Carter, senior solicitor at Stuart and
Little LLP in London regarding understanding English Legal System to its client as Helena
Muller (Akintoye, Renukappa and Lal, 2015). However, being paralegal at company, sources of
laws are to be presented for identifying origin of justice in terms of social, custom, legal, etc. In
this regard, different sources of laws in the UK are discussed as below: Custom: It is the oldest source of law which is made to bring peace, law and order, etc.
However, it emphasises on solving out people's matters in terms of customs and
traditions in the UK. In addition to this, several rules and regulations are made regarding
valuing costumes and traditions of the country (Bowyer, 2014). Judicial decisions: Laws and legislation in UK also emerged through occurrence of
specific cases. In accordance to judiciary decisions as Supreme and High court's decision
become as law (Campbell and Boothby, 2016). Moreover, different specific cases are
occurred regarding social, legal, civil and commercial issues. Therefore, judicial
decisions are considered to be the specific source of justice for taking actions against
injustice. Equity: It refers to fairness and sense of justice in which judge favours for favourable
decision for parities involved in conflicts. On the basis of equality laws and justice for
fair, makes appropriate decision to protect innocent party (Sources of Law, 2016).
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However, specific laws and legislation came into force with respect to sense of play and
justice. Scientific commentaries: It is for development and evolution of laws for justice in which
on the basis of current laws, future possible rules of behaviour are analysed (Cornish,
2013). In this regard, it is evaluated that which rule can be amended in upcoming time for
social justice and protecting oneself.
 Legislation: This source of law is an effective source by which rules and regulations
came into force. However, legal evidence of the amended rule is identified impacted on
justice for people and fairness in business decisions (DiMatteo, 2014). Therefore, laws
are emerged with respect to government's approval for protecting from harm.
P2) Role of government in law-making and laws applied in justice court
It is essential to take approval from UK's government on the rules and regulations made
in court for reducing civil and commercial issues. In accordance with this, laws passed by
parliament result from offers made by the government. It aims to provide safety and security to
society as well as solving out matters occurred (Dimatteo, 2016). However, social welfare of the
country is identified for building up society's trust towards its legal system. In this regard, role of
government in law making can be understood as follows: Decision making on proposals: As passing of any rules and regulations to government
from judicial party, it made decision on proposal (Goldman, 2013). In addition to this,
government of the country makes decision on its fairness in terms of justice of people and
any business' fairness. Pass the bill: Any law is considered as evidenced when it is passed by the UK's
government. However, in terms of fair and clear decision regarding fairness in contract
and justice, government passes the bill for making legislation as valid (Klass, 2015).
After passing the bill and getting government's approval, its bill and proposal become law
for country and taking justice on issues.
 Implementing law and taking action towards its ignorance: In law making and
implementing rules, government of UK plays a crucial role for protection from harm and
taking justice (Lee, 2015). In accordance with this, different rules are passed by the
government towards action on negligence of amended rules. Thus, government plays an
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effective role in law making and building up society's trust towards legal system of
country in context of fairness of decisions for occurrence of civil and commercial issues.
Laws applied in justice court:
On occurrence of any specific case, judges make rules regarding social justice and
solving business related issues. For taking approval of government on this legislation to pass as
bill. Further, government makes decision on this law and forecasts its impact on people and
businesses (Magid, Cox andd Cox, 2016). Therefore, it is to be passed as amended of rule with
evidenced. Thus, in terms of all these rules and regulations, government's approval is needed as
well for justice for people. However, this process is for emerging law from judicial decision in
which bill comes into force and become law.
M1) Effectiveness of legal system in terms of recent reforms and developments
It is recognised that legal system and fairness in decision is needed for any country to
build up people's trust towards legislation at the maximum level. However, it is useful for
implementing legal system and effective contract. Including this, legal systems in terms of
business laws and justice for people are identified for protecting them from harm (Michaels,
2014). In accordance to this, several rules and regulations are amended for employment, contract
and protecting people effectively. It influences development and reforms in respect of justice and
public welfare.
LO 2
P3) Significance of company, employment and contract law's impact on business
Different laws are amended in terms of company, employment and contract impacted on
fulfilling the promise and protecting from harm. In this regard, company law includes matter
related to entity's name, business operations, registration and so on (Oladokun and Aluko,
2014). However, under employment law, some legislation are amended regarding protection of
workers in respect of working hours, leaves, health and safety etc. Likewise, contract law is
related with fulfilling promise and taking step in case of breaching the contract. Therefore, these
laws are for providing security and safety to parties involved in contract and taking action in
respect of their rights.
According to case scenarios given in the brief, following suggestions are to be given for
parties involved is issues as mentioned below:
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 Collin and David case: As in the case scenario, it is recognised that Collin and David are
friends who plan for setting up food catering business (Palmer, 2014). However, for
conducting business they are unsure with name of the company as 'F U Caterers Ltd' or
'Food United Catered'. According to Company Law of UK, some restrictions are obtained
regarding name of the company. However, name of entity should be related with its
services for example, they are planning for catering business so its business should be of
in relation to catering and related services.
 Case related to Sophia: In this case scenario, it is analysed that Sophia is working for
'GST Ltd' and she remains away from her work around 30% of the time. Similarly, she
provides medical certificates regarding get absent (Pratten and Carlier, 2014). Further, for
discussion regarding her illness with medical advisor, it is obtained that her disease is not
related to work as she is able to come and work. After getting this point, company
dismissed her. According to Employment Act, 2000 of UK, it is mentioned that entity has
right to dismiss or terminate its employee due to this kind of misbehaviour. Therefore,
Sophia has to accept this and she cannot take any action as of fair decision of company.
 AD motors Ltd: It is contracted between Mrs Khan and AD Motors Ltd that she would
pay 50% of charge in advance and remaining after car serviced. However, it is obtained
that during servicing of car, original parts are not used as branded and so on. And, she
refused to pay remaining 50% balances (Said, 2015). As it is recognised that during
contract, it was not mentioned that car parts will be used fairly and she will not pay
remaining amount in this condition. Therefore, it is to suggested that remaining balance is
required to pay or take any legal action against AD Motors because of not considering
quality in using parts for car services.
M2) Differentiation and analysis on potential impact of regulations, legislation and standards
Rules and regulations made under laws as contract, employment and company laws are
helpful for protecting harm. However, effective suggestions are obtained for taking step against
fraud and fulfilling the promise mentioned during contract. Including this, it is evaluated that for
different laws, various rules and regulations are provided for fair decisions in business and
contract parties (So, 2016). In accordance to this, legal steps and suggestions for taking action
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against fraud are identified. However, it is effective for taking appropriate decisions and favour
for business parties involved in contract.
D1) Critical evaluation on legal system
Under legal system of UK, variety of rules and regulations are amended to take fair
decisions and solving out business related issues. On critical evaluation, it is evaluated that strict
action against fraud party is essential. Likewise, some rules are not amended clearly in terms of
name of company, business parties who involved in contract (Sprague, 2016). However, it is
needed for making rules and regulations for protecting party who got fraud in contract.
LO 3
P4) Appropriate legal solutions for range of business problems
In the given case scenario, two cases are obtained regarding termination of contract and
company related issue (Collis, 2014). However, legal solutions for Mr Singh in case with PHB
Ltd and company related case of Busy Bees Ltd and Samantha can be identified as follows: Legal advise for Mr Singh: It is identified that Construction company as PHB Ltd is
constructing 5 bed house for Mr Singh and agreed the contract of 500000. Further,
company denied to work after c constructing 60% of the house (Klass, 2015). However,
Mr Singh paid substantial amount and used left material for remaining of the
construction. It is unfair according to termination of contract law of UK. In accordance to
this, it is suggested for Mr Singth to pay fine for using materials and for completing
construction work for his house.
 Advice for Samantha regarding distributing Busy Bees Ltd's assets to creditors: It is
recognised that Busy Bees goes down which and going to winding up on 15th July 2017.
However, creditor’s petition is presented on 28th June in relation to distribution of
company's assets. In this regard, it is evaluated that Aston Building Society has owed
180000 as fixed charge over entity's premises (Goldman, 2013). Where, premises of
150000 have been valued by Busy Bees. And, Samantha incurred expenses of 10000 for
it. As it is legal liability to pay 180000 of premises to the company excluding expenses
incurred of 10000. It will be effective for clearing out the matter and distributing
company's assets to its creditor before its liquidation.
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P5) Justification for using appropriate legal solutions
Above mentioned legal solutions in context to contract, employment and company are on
the basis of rules and regulations amended in its legislation. In accordance this, contract parties
can be safe and secure in terms of entering into contract and its termination as well (Lee, 2015).
However, different rules and regulations are amended for legal solutions and reducing problems
obtained in business. However, several rules and regulations are identified in context to legal
solutions and protecting frauds. Therefore, these legal solutions will be effective for businesses,
contracts and legal solutions.
M3) Positive and negative impacts of legal solutions to business problems
Legal solutions amended in solving out business problems remain effective for decision
making regarding further implementations. On analysing its positive aspects, it is evaluated that
appropriate and fair decisions can be made regarding business and protecting contracts.
However, several options are identified for taking action against legal breach of the contracts
(Magid, Cox, and Cox, 2016). On critical evaluation, it is evaluated that stepping towards legal
solutions requires to be strict and in terms of protection of an individual as well of reducing
problems. In this regard, critical evaluation on occurred situation and clearing out an appropriate
solution is difficult. Therefore, it is needed to consider all these factors during legal solutions and
taking appropriate action on breach of the contract.
LO 4
P6) Legal solutions based on different countries' legal system
According to given case scenario, it is evaluated that there is contract made between AFC
oil Company of Kuwait and HPG of UK regarding gas supply and purchase. In this regard, the
contract in based on legal system of UK as to follow on rules and regulations amended in its
Contract Law. Further, it is identified that HPG started arbitration in UK claiming breac of
contract failure of delivering gas by AFG. However, different countries have different rules and
legal framework in context to contract and fulfilling the promise to protect businesses and their
contracts (Miller, 2014). In addition to this, arbitration is considered as a way to solve out the
issue occurred between parties involved in contract. For solving out the issue related to delivery
of gas and its failure, rules are to be followed on amended in Contract Act of UK. It is needed to
consider terms and conditions of breach of contract and resolution to solve out them effectively.
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According to this, Contract Act of UK demonstrates that any contract is considered to
breach in case of not considering any condition during entering into it. In this regard, after
hearing the claim, AFG company proposes that arbitration should in consideration of legal
system of Kuwait. It is not so possible as because of was mentioned during entering into contract
that rules and laws of UK would be followed in case of its breach. It is to suggested for AFG
company to consider and follow on rules amended under Contract Act of UK (Oladokun and
Aluko, 2014). Therefore, resolution of issue will be easy and convenient between two contract
parties as well fair decisions can made for taking action against breach. Thus, contract made on
the basis of country is to be followed for arbitration and reaching out to a specific mutual
decision effectively.
M4) Comparison and contrast of recommendations
It is analysed that different countries have different legal systems and terms of contracts.
In accordance to this, it is essential to follow on terms and conditions amended of the nation
during entering into contract. It is suitable for solving out the solving out the issue and reaching
to a specific and fair decision. Including this, for entering into and taking steps against breaching
of the contract, several rules are amended in different country's legal system (Said, 2015).
However, decision and action against breaching the contract should be in consideration of UK
rules and regulations. Therefore, for solving out the matter regrading failure of delivery of gas
should be solved out in terms and conditions of Contract Act of UK. It will be effective for
taking appropriate action and meeting solution for contracting between HPG of UK and AFG of
Kuwait.
D2) Critical evaluation on use of legal solutions and comparison with alternate legal advice
It is difficult to consider and following on terms and conditions as differences between
their legal frameworks. For instance; there are comparisons between contractual terms and
conditions of Kuwait and UK. It is because of evidenced legal considerations and fulfilling the
contract in the presence of third party. Likewise, there are different rules and regulations
amended for fulfilling contracts and taking action against its breach (So, 2016). However, variety
of alternative are identified in rules and regulations as well entering and actioning against
contract party. In addition to this, alternate advise on breach of contract is also to create
negotiation and coming to a mutual decision for HPG company in against of AFG. It will also be
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suitable for maintaining good relations and entering into contract as well. Therefore, legal
advices to resolving ther issue regarding failure of delivery of gas will be reduced effectively.
CONCLUSION
It is concluded that understanding key concepts and legislation amended in business law
are essential to solve out the occurred issues and taking appropriate decision towards its breach.
In this regard, different sources of laws and their importances are understood for protecting any
contract and favouring for any innocent party. Moreover, rules and regulations amended in
company, employment and contract act of UK has been discussed. However, legal solutions for
business parties and protection of employees are identified in terms of breaching the contract.
Similarly, legal solution for HPG company has been recognised as differences in contract law of
Kuwait and UK regarding issue of failure of gas delivery. In addition to this, significance of
business law and various rules and legislation are described impacted on fulfilling terms of
contract and reaching out to an appropriate decision. However, several rules and regulations of
the country are introduced in respect of employment, contract and other terms in this assignment.
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REFERENCES
Books and Journal
Akintoye, A., Renukappa, S. and Lal, H., 2015. The abolition of the “contracts in writing” rule in
the 2009 Construction Act: Potential implications for UK adjudication. International Journal
of Law in the Built Environment. 4(2). pp.140–156.
Bowyer, M. L., 2014. Insurance contract law and regulation and competition in the UK insurance
industry: The missing link. Journal of Financial Regulation and Compliance. 8(2). pp.140 –
150.
Campbell, E. and Boothby, C., 2016. University law clinics as alternative business structures:
more questions than answers? Edited by Francis King.The Law Teacher. 50(1). pp.132-137.
Collis, J., 2014. Determinants of voluntary audit and voluntary full accounts in micro-and non-
micro small companies in the UK. Accounting and Business Research. 42(4). pp.441-468.
Cornish, G., 2013. Dictionary of Intellectual Property Law. Reference Reviews. 26(2). pp.13 –
14.
DiMatteo, A. L., 2014. Common European Sales Law: A critique of its rationales, functions, and
unanswered questions. Journal of International Trade Law and Policy. 11(3). pp.222-240.
Dimatteo, L.A., 2016. International Business Law and the Legal Environment. Routledge.
Goldman, A., 2013. Business law: Principles and Practices. Cengage.
Klass, G., 2015. Contract Law in the USA. Kluwer Law International.
Lee, R., 2015. Negligence. Property management. 19(5). pp.90-99.
Magid, J. M., Cox, A. D., andd Cox, D. S. 2016. Quantifying brand image: Empirical evidence
of trademark dilution. American business law journal. 43(1). pp 1-42.
Michaels, R., 2014. Comparative Law by Numbers? Legal Origins Thesis, Doing Business
Reports, and the Silence of Traditional Comparative Law.American Journal of Comparative
Law. 57(4). pp.765-795.
Miller, R. L. R., 2014. Business Law Today: The Essentials. 10th ed. Cengage Learning.
Miller, R., 2016. Modern Principles of Business Law. Cengage.
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Oladokun, T. T. and Aluko, T. B., 2014. Dispute resolution in corporate multi-tenanted property
management: a case study. Journal of Corporate Real Estate. 16(1). pp. 22 – 32.
Palmer, C. R., 2014. Common law environmental protection: the future of private nuisance, Part
I. International Journal of Law in the Built Environment. 6 (1/2). pp. 21 – 42.
Pratten, J. and Carlier, J., 2014. Wine sales in British public houses. International Journal of
Wine Business Research. 22(1). pp.62 – 72.
Said, M., 2015. The implementation paradox: intellectual property regulation in the Arab world.
Journal of International Trade Law and Policy. 9(3). pp.221 – 235.
So, B.K.L., 2016. Business, Law and Education for Modernity. Routledge.
Sprague, R., 2016. Editor's Corner: Publishing Impactful Scholarship.American Business Law
Journal. 53(1). pp.5-8.
Online
Sources of Law. 2016 [Online]. Available through:
<http://www.yourarticlelibrary.com/essay/law-essay/law-meaning-features-sources-and-types-
of-law/40363>.
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