Business Law of UK Sample Assignment
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Added on 2021-01-02
Business Law of UK Sample Assignment
Added on 2021-01-02
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Table of ContentsINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1TASK 1............................................................................................................................................11(a). Meaning of the statement provided along with various sources of UK laws.....................12(b). Role of government in UK law making process and applicability of statutory andcommon law in justice courts......................................................................................................33(c). Illustration of impact of company, employment and contract law upon business anddifferentiation between legislation, regulations and standards...................................................5TASK 2 ...........................................................................................................................................6SECTION 2......................................................................................................................................8CASE 1............................................................................................................................................8CASE 2............................................................................................................................................9CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................12
INTRODUCTIONBusiness law is the body of laws and rules that governs transactions, dealings andagreement made in the ordinary course of business. It falls into two distinctive areas viz.Regulation of commercial entities by laws of company, partnership, agency and bankruptcy andregulation of commercial transactions by contract law. Regulation of business affairs isimportant to protect the entity and avoid legal consequences which may cause huge financialloss. The report covers nature of legal systems and legislations impacting businesses, types ofvarious business organizations and legal solution for problems and conflicts arsing within andoutside entities along with recommendation (Alvarez, ed., 2016).SECTION 1TASK 11(a). Meaning of the statement provided along with various sources of UK laws.Every year, UK government identifies various areas where legislations can beimplemented. Every law has to be presented in the form of bill before the parliament forreceiving royal assent. A list of laws that the government wish to get approved by Parliament islaid down. The laws that have received royal assent and can be implemented is announced inpresence of MPs, and various other dignitaries in House of Lords. The Queen's speech marksbeginning of parliamentary year further, the speech disseminate various changes, priorities andplans in coming years. It is written by ministers which may be lengthy and differ every year andit may contain drafts legislation, foreign trade policies along with its objectives and bills. Thestatement “Parliament is sovereign” means that it has the supreme authority to create laws andstatutes. The power to enact law and make amendments or repeal an existing law is with theparliament (Bamberger, Meshoulam and Biron, 2014). No courts have domination or jurisdiction to make a law void or null, hence, can not bechallenged in any court. However, there should be distinction between powers variousgovernment bodies. Further, Westminster Parliament is not bound by European or third party. Inevery situation, parliament sovereignty shall prevail. There are various sources of UK law which provide legal information in detail. These areas follows:
Primary sources: Such sources contain data and information that are restored in a freshform which have not been recorded, interpreted, or used before. Case law: Courts pass judgements and decisions which are used for concluding futurecase laws. It is presented in a report form and are prime sources of UK law. Further, thesecontain reliable and authentic facts and issues along with judicial principles anddecisions. English system has doctrine of judicial precedents, under which judgementpassed by courts are used to conclude future cases (Barbero, and et al., 2014)A judgeshould compulsorily use decisions passed by higher courts. Decisions given by lowercourts should be ignored. These can be regarding appeal cases, criminal, civil, common,statutory etc. Legislation: UK has a partially written constitution which has not been fully coded.Laws have been enacted by Parliament for written portion of it. The scope of theselegislations extends to whole UK. Citizens are required to act in a certain way and theirrights have been provided in constitution. Further, supremacy of parliament is applicable,which means that only parliament has authority to enact or rescind a law. Further, lawsare above all other sources and its validity or applicability can not be questioned. It isdivided into primary and delegated legislation and includes addition, deletion oramendments to make it more useful. European directives: The European Union provides various laws and rules in the formof directives and which are applied to its member countries. Free trade and exemptionfrom export and import duties are some its major features. However, UK has decided tomove out which will cease its right to participate in EU decision making. Hence, thissource should be used till the time UK is a member country (Bhatnagar, 2016)Secondary sources: These include document, files or data which have been extractedand further interpreted from primary sources. Usually, these are a work of authors or researcher. Legal encyclopaedias: These are meant to provide complete information about laws in asimpler form. Halsbury's laws of England and Wales is an unique, authentic and widelyaccepted encyclopaedia of law which contain legal definition, sections and their easyinterpretation in a narrative way. Further, it is updated in timely manner as and whenamendments take place. One may access it online or get a hard copy.
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