Business Law: Legal System, Legal Solutions, and Disputes

This document provides an overview of business law, including the legal system in the UK, different types of business organizations, legal solutions for business problems, and resolving disputes. It also discusses the implications of law on businesses and provides examples to demonstrate strengths and weaknesses of the UK legal system.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1 (NATURE OF LEGAL SYSTEM ON BUSINESSES).............................................1
TASK 1............................................................................................................................................1
Explanation of the legal system in United Kingdom and the difference between civil law and
criminal law............................................................................................................................1
Overview of the sources of law in United Kingdom..............................................................2
Explanation on the role of government in law-making and how statutory and common law is
applied....................................................................................................................................2
Explanation of the key legislation, regulations and standards that a new business needs to be
aware of..................................................................................................................................4
Analysis of the potential implications of law on a business...................................................4
Provide a critical reflection of the UK legal system using examples to demonstrate strengths
and weaknesses.......................................................................................................................5
TASK 2............................................................................................................................................5
An introduction to different types and classification of business organisations in both the
public and private sectors.......................................................................................................5
A critical evaluation of the advantages and disadvantages of different legal structures........5
How different organisations are managed and funded in both public and private sectors.....5
SECTION 2 (LEGAL SOLUTIONS TO BUSINESS PROBLEMS).............................................5
Legal solutions for resolving disputes....................................................................................5
Different source of legal advise..............................................................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Law is explained as the set of rules and regulations which is commenced by a particular
state meant for the purpose of keeping the peace and security of society. Business law is one of
the branch of law which covers all of the commercial activity on daily basis. In context of the
file, it has been divided into two different section in which first section explains about the legal
system of UK and its effects on business organisation and how different form of business
organisation are formed. In case of second section, case will be solved with the help of different
legal solution procedures.
SECTION 1 (NATURE OF LEGAL SYSTEM ON BUSINESSES)
TASK 1
Explanation of the legal system in United Kingdom and the difference between civil law and
criminal law.
Legal system of UK is one of the very easy and understandable law which helps to any of
the person and organisation to take their decisions of own. The main benefits which organisations
get with the help of UK law is that it is not biased due to which everyone gets equal opportunity
to perform better in the market. In this legal system, final decision is always taken by Queen but
before that she takes the help of House of Lords and House of Common who represents the house
of Parliament. There is no one who can even ask question with Parliament for the decision which
are being taken by them (De Padirac, 2018). Everyday they commences the number of law for
different field but for organisation it is necessary for everyone to refer business law.
In present scenario, the legal system of UK has been categorised into two part i.e., Civil
law and Criminal. Talking about Civil law, it has the responsibilities to deal with those offences
which are not performed for creating the violence in the country. Civil law have the authority to
deal only with those cases in which person have the chance to get bail from court. Discussing
about Criminal law, these law are introduced for the purpose of maintaining the situation of
country for not allowing to perform any of those activity which creates trouble for local
people(Epstein, 2018). Whenever any of the person perform criminal activity they are punished
under the criminal activity and even punishment are also not bailable in it.
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Overview of the sources of law in United Kingdom.
In order form any of the law, there is the requirement to take the help of different sources
because it is never possible to commence any of the law with the help of single sources. As UK
have covered bigger portion of Land it is necessary for them to depend upon multiple sources so
that better outcomes can achieved in future. Some of the available sources are discussed below:
 Act of Parliament: This source is very crucial for UK as they have the higher level of
power for commencing any of the law. Here, law is formed by the proper involvement of
each and every member of parliament. For the process forming law through Act of
Parliament, final approval is needed to be taken from Queen who have supreme level of
power in the nation.
 European Court: It is also one of the important source in commencing law for UK
because the law which they introduce are based on the situation which arises within the
country (Lee, 2017). In context of United Kingdom, there are almost half of the law has
been commenced by European law and even the outcome of those laws are favourable.
 Common law: It is necessary for UK delegate power to sub branches for forming law
because it helps to deal with the situation in which regulations have been not passed.
Talking about the procedures to form law under it, judges have the power in which they
form the law as per the requirement of situation for sorting out the matter which has arise
in front of them. From immediate effect those laws are applicable for every individual as
well.
 International Court: It is the internation body commenced by the committee of United
Nation which have the responsibility to commence laws for maintaining the peace
between different nations (Lordkipanidze, 2018).
Explanation on the role of government in law-making and how statutory and common law is
applied.
In UK, number of decisions are being taken by the government where they have to look
for three different work and they are representing the interest of every citizen from there
particular area, secondly they have to pass the laws and regulations for the betterment of a
country and the third one is that they have to monitor each and every actions of government. The
detail procedure to form any of the new laws within UK are:
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 First Reading: This is the primary stage in which it is the responsibilities of members
that they are needed to give the title to the proposed bill.
 Second Reading: It is the responsibilities of the member that they should do discussion
that whether the bill can be further entertained or not and if in any of the situation it is
decided that it can be better for the future of UK then it is forwarded to next step
(Wachter and Mittelstadt, 2019).
 Committee stage: Here, responsibility of the member increases as they have to come up
with new plans and ideas where they will decided that what are those points in which
changes are required.
 Report Stage: This is the stage in which member have the responsibility to work on the
ground that they are needed to update the points that which has been suggested by
committee stage.
 Third Reading: It is the most important stage where final decision on the bill is taken
that whether bill should be handed to next stage or not by passing the resolution. At least
more than half of the majority should be agreed on the bill to send it to next stage.
 House of Lords: Here, in this stage all of the above stage are performed by the member
of House of Lords in the same manner as it was performed by the member of House of
Common.
 Royal Assent: The final stage is royal assent in which approval on the bill is required to
introduce as a law and it is needed to be done by Queen.
Explanation that how statutory and common law is applied in court.
Statutory law is the law which is very important in context of any of the nation because
they are the primary body which forms the law for tackling with any of the situation. In context
of court they have to deal different cases and for that it is necessary for them to declare their
decision (Allen, 2017). For declaring the decision court can take the help of statutory law where
laws and its punishment are written whenever any of the person breaches it.
Common law is one of the main law within the premisses of UK because it supports to
take decisions on those cases where it is very difficult deal the case. It is applied in the court by
introducing new law for declaring the decision on any of the particular case. This will help justice
court to deal with those case where statutory law is silent.
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Explanation of the key legislation, regulations and standards that a new business needs to be
aware of.
Business organisation has the responsibility to management each and every work and for
that it is necessary that they should work according to the requirement of legislation, regulations
and standards. Discussing about Legislation, this are the laws which are commenced by the
following the complete procedure within House of Parliament. It advices the business
organisation that how they can form any of the new business organisation as guidelines are
needed to be followed. Secondly, in case of Regulations, are commenced on observing the needs
of situation and according to that it is necessary for business organisation that they should be
aware about the decision which is needed to be taken on regular basis for maintaining the
regulations (Howells and Wilhelmsson, 2017). In case of Standards, it says that organisation
must be aware that they are not allowed to reduce the quality of product below the set standard
and if in any of the situation it happens then legal actions can be taken against the company.
Analysis of the potential implications of law on a business.
In any of the organisation, number of laws applies and it is necessary that each and every
laws should be followed they might have positive as well as negative impact on the business
activity. Any of the mistake in business may create lots of issues in attaining the goals of an
organisation. Below, there is the explanation about some of the laws with their impact on
business organisation.
Contract Law: Any of the agreement which is enforceable for legislation is known as
contract law. It is very crucial law because as it helps to complete any of the agreement in
successful manner. If any of the person fails to perform their work then they will fall under the
category of breach of contract (Mayss and Reed, 2018). Contract law is very essential for any of
the business entity because it will guide them that what are the necessary decision which is
needed to be taken for accomplish the target. The impact of contract law is that it will give the
guidelines to company that how any of the specific task should be performed.
Copyright law: It is explained as the law which is very important for the business
organisation as it help to protect the right of those firm which have introduced the new ideas and
concept. The main benefit of copyright law is that it allows the right part to earn profit for for
longer period of time. It is applied within business organisation where they have their own
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creation and if any of the person wants to work on same brand of product then they are required
to take prior permission.
Employment law: The law and regulations which governs the rights of employers and
employee is known as employment law. It is needed to be followed from the first day of
incorporation. The main impact of employment law is that it doesn't allow business organisation
to do discrimination with any of the employees due to which productivity of a company enhances
automatically.
Provide a critical reflection of the UK legal system using examples to demonstrate strengths and
weaknesses
The law and regulation of UK has been explained in a systematic manner due to which
decision making process for any of the business organisation becomes much and more easier
(Flavin, 2015). Secondly, there are number of country where political decisions are not stable
due to which people have to suffer but in case of UK there is the political stability which supports
business organisation for doing suitable planning for longer period of time. While talking about
negative points of UK legal system it can be said that there are number of law which are not
being used so for bring it in use for future betterment, it is necessary that amendments should be
done.
TASK 2
An introduction to different types and classification of business organisations in both the public
and private sectors
Covered in PPT
A critical evaluation of the advantages and disadvantages of different legal structures
Covered in PPT
How different organisations are managed and funded in both public and private sectors.
Covered in PPT
SECTION 2 (LEGAL SOLUTIONS TO BUSINESS PROBLEMS)
Legal solutions for resolving disputes
a) Explanatory Memorandum
Explanatory Memorandum for legal requirement under
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Health and Safety Act 1974
The main agenda of drafting memorandum is to form legislative framework related to
Health and safety Act, 1974 within the company. The main motive of this respective act is to
deliver safety to the employees working within the company. Talking about section 1, it
explains that how objective of this respective law will help in securing the health of every
workers working in the company (Gabaix, 2016). In case of Regent Vision Ltd, they are
working according to the law for the purpose of fulfilling all of the basis requirement of health
and safety requirement
within the organisation. It is very important for business organisation to inform their employees
that what their organisation think about them and how much value does they give to them. For
the purpose of minimising the ratio of accident in the company, it is the responsibility of top
level management to provide all of the necessary training to every employees who have to deal
with machineries equipments on daily basis. Organisation should be able to deliver purified
drinking water which can help to improve the health level of employees. In Regent Vision Ltd.,
they have designed appropriate ventilation system which helps to work freely for employees.
Secondly, there are proper secondary which helps to deal employees in the situation of
emergency. Company have also appointed different manager at different position who have the
responsibilities to deal with health and safety of each employees in the company. All the
provisions that are required as per the act to maintain good health and safety are taken
appropriately by the company.
b)
In present situation Charlotte is employed as an accounts clerk in the finance department
of the company. She has been asked by a friend Daisy, who runs her own dress making business
if she could do her bookkeeping in her spare time. Under employment law, will Charlotte be able
to accept this offer?
As per the laws and regulation of employment act, contract of employment is based on the
decision of organisation (Antwi and Hamza, 2015). If there has been no contract between
employee and company then in this situation the final decision is always of employees that they
can easily work for multiple firms. But, it is necessary that while working for two company,
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employee should not work unethical as it is completely against the law and policies. As per the
given case, there is no terms and condition for made regarding to the topic of dual employment .
By looking at all of the situation, Charlotte have the option to work for multiple company if she
can perform it in best possible manner. In short, Charlotte can work for Regent Vision Ltd and
even for her friend Daisy which will allow her to earn higher amount of money.
c)
In the given case, Nicholas Jakcob is an electrician and married who have two adult
children. They have spend whole of their life in Newcastle. He is working for Regents Vision
since last three years but due to construction work and closure of the Newcastle branch, he was
offered another job in London . Nicholas has refused to move to London.
It is one of the case where rules and regulation of business law and employment law will
required to solve the matter. The rule and regulation explains that any of the organisation is not
allowed to remove their employees from work if prior notice has been not given. In this condition
case of unfair dismissal will be applied.
As per the case, Nicholas Jakcob has been not forced to leave the premisses of company.
The reason which was given that branch is going to shut down in short period of time and new
offer has been given to him (Burns, Mullet and Bryant, 2016). It indicates that company have not
removed the employee from their organisation but even company doesn't have the right to force
employees that they should work in new place in which offer has been given to them. As
Nicholas Jakcob didn't accepted the offer which will lead to make him resign automatically.
Here, both Nicholas and Jacobs are not required to compensate any of the party as no one is
found guilty in it.
Different source of legal advise
Business is operated with performing various activities and that involves number of
transactions to be made (Ferrell and Fraedrich, 2015). Involvement of more and more individuals
or group of persons in a business leads to creation of disputes due to difference of opinion or for
other matters. To resolve disputes different approaches can be used and the best suitable among
them is implemented. One of the most common used source of legal advise is through courts
established in the legal system of the country to resolve disputes
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CONCLUSION
From the above file, it can be concluded that business law is one of the most important
topic as it helps that how business organisation can be governed. Legal rules and regulations are
very important for organisation because it tells that how company can be perform organisational
activity and what types of decisions are required in any of the stage. Talking about the formation
of company it is necessary that company law should be considered because it plays the most
crucial role for the better result. There are number of situation arises within the company and in
that situation that have the option to take the help of employment law and contract as it plays the
supportive role to sort out any of the problem.
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REFERENCES
De Padirac, B., 2018. The international dimensions of cyberspace law. Routledge.
Epstein, R .A., 2018. A Common Law for the First Amendment. Harv. JL & Pub. Pol'y. 41. p.1.
Lee, R., 2017. White-collar criminal: the offender in business and the professions. Routledge.
Lordkipanidze, R., 2018. Dialectics to understanding of International competition: for
fundamentals and practice of business and public law.
Wachter, S. and Mittelstadt, B., 2019. A right to reasonable inferences: re-thinking data
protection law in the age of big data and AI. Columbia Business Law Review.
Allen, W. T., 2017. Our schizophrenic conception of the business corporation. In Corporate
Governance (pp. 79-99). Gower.
Howells, G. G. and Wilhelmsson, T., 2017. EC consumer law. Routledge.
Mayss, A. and Reed, A., 2018. European Business Litigation. Routledge.
Flavin, P., 2015. Campaign finance laws, policy outcomes, and political equality in the American
states. Political Research Quarterly. 68(1). pp.77-88.
Gabaix, X., 2016. Power laws in economics: An introduction. Journal of Economic Perspectives.
30(1). pp.185-206.
Antwi, S. K. and Hamza, K., 2015. Qualitative and quantitative research paradigms in business
research: A philosophical reflection. European Journal of Business and Management.
7(3). pp.217-225.
Burns, L. D., Mullet, K. K. and Bryant, N. O., 2016. The business of fashion: Designing,
manufacturing, and marketing. Bloomsbury Publishing USA.
Ferrell, O. C. and Fraedrich, J., 2015. Business ethics: Ethical decision making & cases. Nelson
Education.
Flavin, P., 2015. Campaign finance laws, policy outcomes, and political equality in the American
states. Political Research Quarterly. 68(1). pp.77-88.
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