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Business Law of UK Assignment PDF

   

Added on  2021-02-19

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Law

Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1TASK 2............................................................................................................................................3TASK 3............................................................................................................................................4TASK 4............................................................................................................................................6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................9

INTRODUCTIONLaw refers to a system which consists of rules which are enacted by government forregulating acts of individuals and organizations with an objective to provide justice. There aredifferent kind of laws that exist in a legal system such as public and private law, common andstatutory law and many more (Baker, 2019). Each of them has their own procedure and scope ofapplicability. This report is prepared to show how business law is applicable to a business andhow its impact an organization. In addition to this, main principle of legal system in UK, sourcesof law, role of government in law making, difference between employed and self employed isexplained through a case study. Furthermore, various types of business organizations and fromwhat sources it can raise money and disputes resolution solutions which can provide a conclusionout of court settlement have also been provided. TASK 1The case is about an entity named as Kango formed by Jay and Alex in 2016 with themain business of home delivery of meals. It was established at a busy location in London andwas expanded to other areas after earning profit. However, there occurred a time in which itstarted to receive many complaints from its customers regarding the food delivered by it.Therefore, the organization is of the opinion that staff should be given the knowledge aboutEnglish legal system and related aspects. English legal system is applicable throughout UK which is made upon the constitution.There are courts and judges based on hierarchy in which superior courts have higher authoritywhereas inferior courts have limited authority for making a decision in a case. It is based oncommon law which works in doctrine of judicial precedents, according to this, a case havingsame facts and issues are resolved with the application of previous case. There is no creation ofnew law (Clarkson, Miller and Cross, 2014). The main principle is parliament is sovereign whichmeans that only Parliament has the power to enact or repeal a law. Nothing can challenge the lawenacted by Parliament because a law is implemented after a detail review and examination of allthe areas. These are for the betterment of a society and to enhance the effectiveness of alegislations applicable in a country. The principle, parliament is sovereign states that there is a centralised structure that isfollowed in the country. The positive aspect is that, there is no mess or confusion as decision is1

taken by the Parliament only. This mitigates intervention of different courts which may give riseto various new disputes and conflicts. Therefore, it is effective enough to understand which actwould serve its needs and provide justice by maintaining law and order. Apart from this, there isset procedure which is followed for passing a bill in order to apply it as a law which is asfollows:First reading: The bill passing process starts here wherein the bill is introduced.Second reading: A debated with a discussion on the bill is held but modifications are notmade followed by voting (Bill passing process, 2019).Committee stage: Detail discussion and amendments are done in this stage which isusually a long procedure. Report stage: The report prepared by committed on the basis of review is sent to thehouse whereby they vote on each modifications. Third reading: This is the time in which final debated is held whereby votes are taken. Royal assent: The bill passing is closed here by receiving the assent of the queen whichturns a bill into an act. From this day the legislation is enforced. Every business should adhere to laws which are applicable to it so that fines andimprisonment can be avoided. Therefore, to know which law came into existence which may beapplicable to business, different sources may be accessed which are as follows:a). Case law: Judgement passed by the courts are contained in a report form based on:Common law- This is the main foundation on which the legal system in UK has beendeveloped. It has evolved with time on the basis of customs and cases. The main principle onwhich it works is doctrine of judicial precedents in which judgement made by higher courts arebinding on lower courts. It gets updated with every case being made. b). Legislation: This is about rules and statutes implemented by UK Parliament forgoverning rights and acts of individuals. Every bill is to be passed by House of Lords and Houseof Commons followed by an assent of the queen. Since, the Parliament hold the supremacy inpassing the law, it has equal power to repeal any law which it not appropriate according to it(Goldberg, and et. al., 2014). c). European law: European Union directives are compulsory to follow for conductingthe trade freely. UK is a member country in EU which has taken away the supremacy held by the2

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