Business Law Sources and Problems Assignment
Added on 2020-10-22
11 Pages3555 Words146 Views
BUSINESS LAW
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P1 Different Sources of Law and problems associated with UK’s system.................................1P2 Role of government in law making and how statutory and common law is applied in courts.....................................................................................................................................................2TASK 2............................................................................................................................................3P3 Examples of company, employment and contract law's potential impact on Pegasus..........3TASK 3............................................................................................................................................4P4 How different types of business organisations are formed....................................................4P5 How business organisations are managed and funded...........................................................5TASK 4............................................................................................................................................6P6 Recommendations of legal solutions for resolving range......................................................6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................8
INTRODUCTIONBusiness law includes various laws that deals with management and operating ofbusinesses in a country. It has a set of rules and regulations that has to be followed in order tolegally run an organisation (Roper and Campbell, 2015). This helps in prevention of problemsand disputes that can potentially affect a business. Jay and Alex are owners of Pegasus, a smallgoods delivery partnership company which was founded in 2014. It is based in Ashford, Kentand has over 20 employees with 35 delivery vans. This assignment will cover the nature of UK'slegal system and will illustrate various laws that can potentially impact Pegasus' business.Examination of the formation of different business organisations will be done andrecommendations will be given for appropriate legal solutions that can help resolve disputes at acompany. TASK 1P1 Different Sources of Law and problems associated with UK’s systemEnglish law's sources are:European Union Law: State members are present in the European Union and discussionsare done on political, social and economic policies (Backer, 2015). The national law isoverruled by this system, when conflicts occur between them. The European Convention on Human Rights: ECHR system makes sure that citizensthat are identified, are given human rights and protected from any sort of discrimination. Common Law: This source includes laws which are made through principles that havebeen established in cases at the time of standardisation of law in England (Kraakman andHansmann, 2017). They are generally flexible and other laws can overrule them. Thesehave to be followed by all courts present in UK. Statutory Law: This is a source of law that is written and set down by the legislation.Bills are passed by members of parliament. House of Commons are a part of legislation or parliament of UK. They are responsiblefor accepting or rejecting bills that are introduced for the purpose of creating a new law (Olsen,2015). Members scrutinize and give their opinions on the policies that are to be addressed. TheHouse of Lords: This part of legislation generally acts as advisory councils (English Law: An1
introduction, 2018). They investigate upon the laws and try to implement improvements thatmay be required. The legislation cannot pass bills and laws without the monarch. Final approvalis given by the queen after deliberation about these acts. UK's law system was developed in 1991 and its common law is generally classified intocivil or criminal law. This system does not have codifying constitutions documents and theconstitution is founded by doctrine principles of parliament. Civil Law is a part of the Englishsystem law in which disputes and issues between 2 or more parties occur and need to be resolved(Croxford and Raffe, 2015). Claimants provide burden of proof and if successful, they getcompensations in forms of money or other suitable methods. These include family disputes andcontract breaches. Criminal law is when a person feels that a crime that harms the safety ofpublic and its welfare, has been committed and is reported to police. Cases are resolved at courtand a judge makes decisions on what verdict has to be taken. These generally consist of murder,fraud and assault. UK's legal system has some problems associated to it as well. These include delays andinefficiencies in performance for a long period. Cut back of costs has led to inability of courts todeliver justice and increase in crime in past few years (Chemerinsky, 2016). New technologicalchanges do not get implemented on time and various non-profit services have stopped providinglegal help to those who require it. P2 Role of government in law making and how statutory and common law is applied in courtsLegislation is a part of the government of UK that plays a vital role in law making. Thegovernment drafts bill that have to be made into laws and follow a series of steps which include: The first readingFirst step of law making starts with the arrival of bill and is distributed to parliamentmembers. Second readingSecond reading is then initiated, where in discussions about key principles and purpose ofthe bill is done (Lang and et.al., 2018). It ends with a voting of all members and moves on to thenext step. Committee stage2
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