Business Law: Legal System, Sources of Law, and Impact on Business

Unit 7 Business Law

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
THE LEGAL SYSTEM...................................................................................................................3
CRITICAL EVALUTION OF DIFFERENT TYPES OF BUSINESS ORGANISATION............7
IMPACT OF THE LAW IN BUSINESS.......................................................................................7
PART 2............................................................................................................................................8
TYPE OF BUSINESS ORGANISATION .....................................................................................8
BUSINESS ORGANISATION'S MANAGEMENT AND FUNDING:.........................................9
LEGAL SOLUTIONS TO RESOLVE AREAS OF DISPUTE :..................................................12
COMPARE AND CONTRAST DIFFERENT SOURCES OF LEGAL ADVICE :....................15
ADVANTAGES AND DISADVANTAGES OF DIFFERENT TYPE OF BUSINESS
ORGANISATION :.......................................................................................................................15
EFFECTIVENESS OF LEGAL SYSTEM : ................................................................................18
CONCLUSION : ...........................................................................................................................19
REFERENCES..............................................................................................................................20

INTRODUCTION
Business law which is also known as mercantile law or commercial law, the body of rule,
whether through agreement, convention, national and international legislation, governs dealing
between commercial and personal matters. These laws deals with the law of contract,
agreements, convention which deals with the matters related to trade and commerce. Business
law assists state for motivating workers of an enterprise who works in and organised manner.
This also assist in formation of an adequate policy for the business organisation(Truxal, 2021).
The law for business consists employment law of state. The law assisting government for
generation of revenue through tax form an enterprise which will run in the country. This report
have two parts first part is in essay form and contain sources of law, role of government in law
making and how statutory law apply to the court of justice. The second part of this report
consists impact of contract and employment law on business, formation of different kind of
business and how business organisation were managed and funded explained in this report. This
report also describes about comparison of various sources of legal advice and support of dispute
resolution which make appropriate recommendations for legal solution.
MAIN BODY
THE LEGAL SYSTEM
The legal system of United Kingdom is based on different perspective which exists in
the society. In United Kingdom there are two laws which were mainly use that are civil and
criminal law. In civil law they consider individual and the issues related to civil matters will
resolved in civil courts. In criminal law all kind of matters related to crime will covered. There is
procedure code for both the laws which is been followed in the matters of criminal and civil.
The law of crimes deals with the provisions related to murder, theft, robbery and many more. In
civil law they cover matters related to property, contracts, torts, state issues and many
more(Capps, 2020). The curt of magistrate and crowns court deals with criminal cases. Both
laws assists in making legal aspects which will be applied in practical and this prove legal
authentication. After BREXIT the legal system of United Kingdom face many changes and
applicability of law on business will be changed. So, new legislation which were implemented
developed the legal system of UK. The changes were made in corporate law in which company

have leverage to do business in the market. The threshold in competition market were also been
revised for new upcoming companies.
EVOLUTION OF THE LEGAL SYSTEM
United Kingdom have common law in the country but they do not have a written
constitution which makes a huge difference and co-seismic situation, this creates dis-balance in
law making or even enforcing them. The rule of Stare decisis were implemented in courts of UK.
Hence, there is dependency on judgements which have been given before, the judgement which
are of similar situation were being decided on the behalf for precedents. But this break the
harmony of law in which a situation is related but not same and directly makes question on law.
Still the legal system of United Kingdom have many loop holes which needs to look after for
improvement of their citizens(Kazim, and Koshiyama, 2020). The situation after Brexit is not in
favour of legal system of UK many procedure changes, threshold for competition market
evaluates and entry of new business enterprises were changes with new rules and regulations.
DIFFERENT SOURCES OF LAW
A legal system is a process and procedure to interpret and enforce the law. There are
mainly two sources of law, these are primary and secondary law. The primary sources of law are
the laws which were made through the act of parliament of the country. These are the data
which will be delivered through the legislature of the state. Primary source of law includes all the
statutory data. These are those laws which were formed through an authorised body. The
legislature makes law for the people who resides in the country. The primary source of law
consists of case laws(Tang, 2019). Primary legal source of law are website and books which
have written, formal statement of law which is issued by entities of government. The laws related
to this have everything from a states statute in ordinance of city to publish case laws published
by law. The case laws are the judgement which are passed through the court of the country. The
case laws were consider through the court and have binding effect on the lower courts of the
state. This is being mandatory for the court to follow the judgement passed by higher court of the
country.
The secondary source of law were referred to the legal writing which do not emanate
from courts or the legislature, this is neither a decision of judge nor the law passes through a
legislature. The secondary materials are formation of one or more authors who all analyse the
law in a given perspective. The secondary source of law includes monographs (which are

treaties, textbook, published paper, case book on textbooks), government reports, collection of
essay, conference paper or the legal education program material. The secondary source of law
depends wholly on the primary source of law which includes decision of court, new statutes and
many more which enhance the analysis and discussion in article and books. As per this the
judges and legal drafters will give attention on what the legal scholar have to say for a particular
subject. The texts of legal and articles are secondary as they are not law.
The delegated legislation takes place when an higher authority share the power with any
of the lower authority. The delegation of power decreases the burden form the higher authority.
The delegation will assists in releasing the stress and work load from higher authority. For
example, When state government give power to lower authority which frame the policy in local
area.
Common law is a law which will be applicable on every citizen of the state. This is not
made in codified manner as the statutory law will be made in the country. The equity law
describes that there will be no discrimination between the citizens of the state on the ground of
gender, religion, colour, sexual orientation, caste, disabilities, grace, maternity and many more.
The laws made by European Union are the laws which were formed through the security council
of European Union(Frosini, 2019). The Convention of Human rights will explains the provision
related to human rights which were applicable on all of the members of the state of European
Union. These will comply with the countries in all conditions for protecting individuals human
rights. The right of life and safety will be provided through the convention of human rights.
The Equality Act, 2010 mentions that there will be no discrimination done on grounds of
gender, disability, religion, sexual orientation and many more, within the workers of the
organisation. The laws for health and safety mentions about the precautions which were taken
through the workers in order to give them safe and healthy environment for work. The reform on
human rights act mention the changes which takes place from last time period. One of the reform
includes privacy rights as the human right in the law. The company's act 2006, gives the
provision for working of the company which establish and register in this act.
LEGISLATION, REGULATIONS AND STANDARDS
Legislation is an legal entity which governs a set of body or an community, organisation,
an industry or whole of the country. The legislation have a systematic way of establishing laws

in a country for every citizen, and these laws made by legislation have to be followed by each
and every business enterprises. Regulations are set of legal requirements which have to follow
through the enterprise for doing business or any of the other dealing which must have been
related to the legal obligations of the country due to safety of product, consumer protection and
many other factor in interest of public which makes rules for an administration. The standards
give an specification for a service or products through an organisation, this must have a wider list
for guidelines for a module of a company which make sure safety and quality(Kainer, 2019).
This have requirements for an enterprise which have to be there or this have to be followed
through a company.
ROLE OF GOVERNMENT IN MAKING LAW AND ORGANISATION IN JUDICIARY
The law is made and executed through three main body of the government. These
organisations are executive, judiciary and legislative. The main function of these bodies are to
frame and execute the law in the state. The main functions of legislation is to frame are law
which is to be complied through the citizen of the state. The legislature consists of two houses,
these are The House of People and The House of Lords. The law will be passed from these two
houses of legislation. This have mainly three steps in formation of law for the state(vom Lehn,
2019). The steps are, firstly framing of draft through the members of the parliament will be done.
After the draft is ready then first and second reading of the draft is to be done. In this the
discussion on pros and cons will be made on the draft in the parliament. They also discuss on the
history and the consequences of this draft. When they have completed the discussion, then the
amendment is going to made in the draft as per the argument done in the house of parliament.
After this process the draft will be converted into the bill. The bill have to be sent for receive
Royal Assent. When the bill get royal assent then the bill will become law. Then the law is
enacted and applicable on all of the individual in the country.
The work of executive is for executing the legislation in the state. Their main function is
to make people comply with the laws. They have the authority to arrest individual who did not
comply with the provisions of the legislation. This act is going to be done by the police authority
of the country(Durant, 2021). The main function of judiciary is for punishing the people who do
not abide the law of the state. In this the punishment will be granted to the persons who
committed any type of criminal activity.