Understanding Business Law: Sources, Government Role, and Legal Solutions

This article discusses the importance of business law in maintaining peace in society and protecting the rights of employees and employers. It covers the primary and secondary sources of law, the role of government in lawmaking, recent changes in UK law, and the difference between regulations, legislation, and standards. It also recommends legal solutions for resolving disputes and provides examples of relevant cases and laws.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................4
CONCLUSION..............................................................................................................................10
REFERENCES................................................................................................................................1

INTRODUCTION
Business law is the process of making the rights and regulation for running the business
in the society. The law can be defined as the sets of rules that are enforced by the government on
the individuals and corporate institution in order to maintain the peace in the society (Business
Law., 2021). Moreover, it helps in binding the relationship between the country and citizen of
the country.
Along with this, every country has different laws and English law is specifically for the
countries of Wales and England. Whereas, Ireland and Scotland have their own distinct legal
systems. Furthermore, the study will discuss on the UK legal system and the role of the
government in the law making. In addition to this, how the company and employment and
contact law has potential impact upon business. Lastly, the study will be different type of
organization as well as recommended the appropriate legal solution for resolving areas of
disputes.
MAIN BODY
Common laws are referring to the law that are developed by the courts not by the parliament
created status. UK sources of law are primary sources are that can be define as the judgement
made in the court. The common sources of law are legislation, case laws, European union law
and European convention of human rights. Legislation is also known as statue of law and is
applied to country written laws. In United Kingdome it refers to as Acts of parliament and in
border terms it is known as laws that are made under the powers conferred by the parliament.
Case laws can be defined as judge made laws it is basically define as the judgement made under
the case. This is also considered as primary source of law and is published in law reports. The
law report includes various laws such as appeal cases, family and chancery reports and Queen
bench. All the judgement of this laws is recorded in series and are used by the magistrate when
there is similar case (Silchenko, 2018). Furthermore, there are weekly case report include
judgement approximately 280 case a year and are recorded on the basis of series that have
greater long-term significance. Additionally, there are all England reports this is consist of
general series of law reports that are being published by Lexis Butterworths. Along with this,
general reports are deals with special case that are significant to special area such as criminal and
civil cases. Whereas, another source of laws is secondary that includes textbooks and

commentaries made by the legal writer, opinion of legal experts and the decision of the courts of
any jurisdiction and on the basis of seniority. The secondary source helps court in making the
decision more rapidly and guides when there is chaos while making the judgment.
Furthermore, government and parliament play important role in making and implementing
law in the society. The first step taken by the ruling party make the mission and objective of
the policies in the debate and discussion. In the second the minister of the ruling draws up the
policy and the issues related to it. Moreover, this step is taken on the national level in that it
presents their policy in front of the legislative and tries to convert their policy into legal law. In
the third stage the policy is finalize by the relevant department of the ministries. Whereas, in the
fourth stage law is passed by taking the voting’s of all the minister that are present in the
parliament. In the fifth stage subordinate’s legislation and implement the laws and the national
level minister will be responsible to implement the law in whole country (Mercescu, 2021).
Moreover, common laws can be defined the decision made in court on the basis of judicial
decision and sometime from the case laws. The judges take place judgement on the past decree
that are being recognized in the future precedent taken by the court. Whereas, statutory law can
be defined as written law that are being made by the legislative law for governing the individual
in order to maintain the peace of society. As well as the bill passed by both the house of the
parliament is also known as statutory law (Grety, 2019). Along with this, the common law is
applied in the court on the basis of previous decision made on particular case judgement.
However, statutory law is applied in the court by passing the judgement on the written case
laws.
Whereas, law has been effective on the recent changes such as government has
implemented or amendment the laws that necessary for developing the society. Such as UK
government has introduced the nationality and border bill on 6 July 2021 with aim of changing
the current asylum and immigration system followed in United Kingdome. In addition, to this
the legislature of UK has also introduce the 29 Acts of parliament in 2020 in the interest of the
general public.
However, United Kingdom made a Company Act in 2006 and was passed by the
legislature as the primary source of law. The act has 1300 section and have total 700 pages it is
one of the longest laws of UK (SOLAK, 2019). Moreover, the main of this act was to simplify
and modernise the company act as well as it provides the right and duties of the directors,

granting rights of the stakeholders and simplify the administrative function carried out by the
company. Along with this, the first and foremost duty is that directors need to focus its rights
and liabilities. However, it does not give focus on the responsibilities that can create negative
impact on the economy and hinder the growth of the country. In addition to this, the main role
of the director is to carry out the fiduciary duty and make the independent decision without
getting influenced by anyone (Bayern and et.al., 2017). For instance, Full am football club
where the director did not make the proper use of his powers. Whereas, Employment Act aims
at safeguarding the rights and duties of the employees and employers. This right protects the
rights related to the maternity pay, statutory rights to adoption and paternity pay. It also has made
changes in the employment rights act 1996 and has amended the provision related to the fixed
wages and workings hours (Teague and Donaghey, 2018). Furthermore, the employment act
allows the organization to make contract between the employers and employees that include
amount of wages, time of contract, duties and liabilities towards company, appraisal guidelines,
working hours as well as grounds for expel. In addition to this, it also consists of penalties
related to breach of contract.
For running the business in the competitive market, the company has to follow the
regulation, legislation and standards in order to run the business without any government
interference. Every business has to understand the difference between these three terms.
Regulations are the sets of rules that every individual and corporate entity has to follow so to
maintain peace in the society. This type of rules is set by the regulators that company has to
follow for maintaining the control over the workforce. On the other hand, legislation can be
defined as the process of making law by the parliament in order to maintain the safety rights of
the employees and safeguard them from any fraudulent lawsuits. Whereas regulations and
standards are very crucial for small and scale business (Guest and Clinton, 2017). It will benefit
the organization in earning capital in the short duration thus it contributes in enhancing the
overall performance of the firm in the external environment. Moreover, it can affect the
company in negative as well as positive but it generally depends on the size of the business.
Along with this, it helps in reducing and minimising the legal threats that occur while
conducting a business (Oei, and Osofsk, 2019). On the contrary, there was case of O Brien, 2017
in that she was illegally fired and without and justification as well as the case was related to the
discrimination. thus, the court found the organization guilty under the employment act of UK.

Moreover, it is recommended to J&J solicitors for solving their legal disputes that it can
file a case in the district court of UK. As both the parties speak similar language and have similar
background are bounded by the same law of the country. That will be easy for judge to make
the judgement. However, it can be solving by conducting a legal meeting and settling the amount
as well as paying the compensation to the victim. Furthermore, there are other legal sources that
can be taken into consideration for solving the issues such as mediation in this parties themselves
solve the problem with their legal assistance (Sternlight, 2019). Along with this, it can also take
help of arbitration in that both the parties discuss their conflicts in front of the arbitrator that is
generally appointed by the parties.
CONCLUSION
From the above report it has concluded that business laws are necessary for running the business
as well ass protecting the rights of the employees and employers from the fraudulent things.
Moreover, the report has also summarized abut the sources of law that that are of tow types
primary and secondary that are used by the judges while passing a decree. Lastly, the report has
also depicted on recent changes made by the government while making law. Lastly, the study
has also thrown light on difference between regulation, legislation and standards as well as
recommended for appropriate legal solution.

REFERENCES
Books and journals
Silchenko, N., 2018. Problems of hierarchy of sources of law. Gosudarstvo i parvo. (4).. pp.13-
20.
Mercescu, A., 2021. Non-binding Sources in Law: On Their Merits (and Their
Limits). International Journal for the Semiotics of Law-Revue internationale de
Sémiotique juridique, pp.1-25.
Grety, C., 2019. THE ROLE OF CASE-LAW FROM THE SOURCES OF LAW
PERSPECTIVES. Revue Européenne du Droit Social. (03 (44)). pp.126-131.
SOLAK, E., 2019. DOES SHAREHOLDERS’PARTICIPATORY POWER UNDERMINE THE
BOARD AUTHORITY IN THE UK COMPANY LAW?. Law and Justice Review.
(18). pp.27-27.
Bayern, S. and et.al., 2017. Company law and autonomous systems: a blueprint for lawyers,
entrepreneurs, and regulators. Hastings Sci. & Tech. LJ. 9. p.135.
Teague, P. and Donaghey, J., 2018. Brexit: EU social policy and the UK employment
model. Industrial Relations Journal. 49(5-6). pp.512-533.
Guest, D. E. and Clinton, M., 2017. Contracting in the UK: Current research evidence on the
impact of flexible employment and the nature of psychological contracts. Employment
contracts and well-being among European workers, pp.201-223.
Inzlicht, M. and et.al, 2021. Integrating models of self-regulation. Annual Review of
Psychology. 72. pp.319-345.
Oei, S. Y. and Osofsky, L., 2019. Legislation and Comment: The Making of the Sec. 199A
Regulations. Emory LJ. 69. p.209.
Sternlight, J. R., 2019. Mandatory Arbitration Stymies Progress towards Justice in Employment
Law: Where to:# MeToo. Harv. CR-CLL Rev.. 54. p.155.
Online
Business Law., 2021. [Online]. Available through <
https://www.lawinfo.com/resources/business-law/>
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