Business Law and Dispute Resolution

The provided report discusses the importance of business law in the legal system of the UK, highlighting its strength as one of the most powerful laws worldwide. The document outlines various sources of law in the UK, including company law, employment law, contract law, and dispute resolution systems. It emphasizes the need for businesses to follow these laws and the availability of different dispute resolution methods for faster and less costly resolutions. The report references several books and journals that provide additional information on business law and related topics.

Business law

Table of Contents
Introduction......................................................................................................................................1
Task 1...............................................................................................................................................1
P1 Different sources of law in UK.........................................................................................1
M1 Evaluation of effectiveness of recent reforms and development in legal system............3
P2 Role of government in law making and how these are applied........................................3
Task 2...............................................................................................................................................6
P3 How companies, employment and contract law has potential impact upon business.......6
M2 Differences between legislation, regulations and standards to analysis potential impact
upon business..........................................................................................................................7
D1 Critical evaluation of the legal system and law................................................................7
Task 3...............................................................................................................................................7
P4 Careful exploration of how various types of business organisation are legally formed.. .7
M3 Detailed assessment on the pros and cons of their formation. ........................................8
P5 how this organisations are managed and funded. .............................................................8
D2Critical review and an evaluation of the different types of business organisations..........9
Task 4...............................................................................................................................................9
P6 Identification and recommendation of appropriate legal solutions for resolving a range of
disputes using relevant examples to demonstrate how a client might obtain legal advice and
support....................................................................................................................................9
M4, D3 Including a comparison and evaluation of the different sources of legal advice and
support .................................................................................................................................10
CONCLUSION..............................................................................................................................11
References......................................................................................................................................12
.......................................................................................................................................................12

Introduction
Business law is defined as the body of legislation which defines the legal structure of the
business. This law specifies the legal system of the organisation according to which they should
operate. This law helps in incorporating and defining the different business organisation. This is
the body of law that which governs the business and commerce and is often considered as the
branch of civil law. The different components of business law comprise of company law,
contract law, employment law and so on. The business law is fundamentally founded on the
business functioning (Wang, 2017). As working on the position of senior employment and the
dispute law advisory in the law firm named global solicitor which is based in London. This
report will help in giving the information on the different sources of law in UK, also the nature
of legal system would be analysed here. Also the report will analyse the impact of company law,
employment law and the contract law on the operations of the business. Also different ways with
the help of which organisation are formed is discussed. At last the report would evaluate various
ways of resolving dispute.
Task 1
P1 Different sources of law in UK
It is seen that the legal system in UK is formed out of various sources. It is seen that the
United Kingdom has three separate lawful frameworks: one each for England and Wales,
Scotland and Northern Ireland. The lawful arrangement of England and Wales yet make
reference to different pieces of the UK where applicable. The country has various laws that
applies throughout the country. The UK legislation system has various resources some of them
are in the written context and some of them are unwritten. This is the feature of the UK legal
system where the parliamentary system is considered as one of the main feature of the country. It
is the supreme body which decides and frames the legal system of the country. For making the
law and to implement it in the country it has to go from the various steps of the parliamentary
system (Velliaris, Willis and Pierce, 2015). The parliamentary session are held in every year
around the month of October and November. It is seen that if the person or the organisation
violates the rules and regulation that are prescribed in the law then they would be liable to
penalty and this may also lead to their imprisonment. The English legal system is divided into
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various types which includes the Statutory law, common law and the Equity law. These laws are
discussed as below:
 Statutory law: This is considered as a law which is in type of written law and is set
somewhere near the lawmaking body or the administering specialist of the nation. This
law is instituted by the legislative body . This is the law that shifts from administrative or
the regulatory laws. These are passed by the parliamentary organizations, or the common
law or which goes by the decisions that are passed by the earlier court issues. It
additionally helps in setting the general suggestion of the law which causes them in the
predefined circumstances or while managing in the issues that emerge in court. These are
the laws that are passed by the official organization of the country (Vagts, Dodge and
Buxbaum, 2015). For bringing this law into thought government needs to pursue certain
legal methods which are known as legislative procedure. Here the bill is proposed by
governing body and is casted a ballot upon to make it a law. In the event that this bill gets
the approved, at that point it goes to the executive branch and gets marked by the
administrators. For example: Health and Safety Act, 1974 is one of the law which have
been commenced by statutory law so that it is necessary that every guidelines are
completed by strict rules have been made under this law. Lets take the second example,
Equality Act, 2010 which says that every one have equal rights and for law no one is big
or small. So, is compulsory that everyone must follow this rules and regulation.
 Common law: As like the statutory arrangements which are systematized by the
demonstration of parliament these laws changes as per the convenience of the issue. It is
seen that the English legal system is established on the stage of common law. This
encourages the statues to be classified and make certain standards. This likewise helps in
understanding and realizing the facts and the cases. The main motive of the common law
is to give the predictable standards so similar certainties can yield similar results in the
constitution. These laws are surrounded and are passed just when there is a necessity of
law and the present debate which is being heard does not identifies with any of the
composed law that is now in presence, in view of which new law would be framed.
Additionally this law is encircled just when the general public expects it to be made or
working on the case to case basis.
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 Equity Law: This is the law that makes an equivalent arrangement of cures which are
related with the techniques and are engaged with the civil law. The impartial precepts and
the methods are not the same as in the legal terms (Reardon, 2016). This is the mixture of
law that was created by the chancery and which is controlled by the common law. As it is
observed that the legal remedies are considered as the fiscal remedies which arrive while
settling the issue. Whereas when the order and the particular execution or vacatur is
required by the individual than it tends to be performed through Equity law. This is the
law that has been made considering keeping the remedies that are required to be settled of
the general public. Here the chancery is viewed as the head who has the ability to settle
the issue that has emerge between them. In case of conflict between the common law and
the equity law, it is said that the law of equity would prevail.
The sovereignty is the basic feature of the constitution of UK, due to which the parliamentary
system is known as the supreme legal body.
M1 Evaluation of effectiveness of recent reforms and development in legal system
The laws that are influenced must to be altered every year according to the changes
occurring in a nation (Müller, Alder and Müller, 2018). In UK, government is engaged to
refreshing the laws in Companies Act, 2006 for expanding advantages to individuals and
businesses concern of UK. The points of interest that of UK legitimate framework have been
referenced underneath:
Consistency: The laws framed in UK have consistency in their enactment. This gives a
heading and rules by thinking about which an individual can settle on choices which have lawful
legitimacy.
Certainty: The standards and ways which made a decision in UK courts pursue are same.
This is imperative as open can depend on the decisions made by courts.
In nutshell, it tends to be said UK lawful framework is compelling and one of the solid
and best lawful framework on the planet. Since, the written part of constitution have various laws
on which legal activity and decisions are made.
P2 Role of government in law making and how these are applied
It is the prime duty of the government of the country to make laws for the betterment of
the citizens of the country. This is seen that it is highly rigid and complex process which includes
performance of duties and formation of laws through different process. For making law and
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putting it to existence it is important for them follow the parliamentary system of making law. It
is based on the general election that is done by the government of the country (Merry, Davis and
Kingsbury, 2015). It also includes the agenda that is to be discussed with the opposition party
which would give recommendation on the functioning of the bill and bringing it to existence.
Some of the steps that are included in formation of bill includes:
 First Reading: This is the first step in which the bill is first introduced in the parliament
system. Here the overview of the bill is given to the member of the parliament. This is the
stage where the first look on the bill is made
 Second reading: This is considered as the stage where the main principles that are related
to the bill are read out in the parliament by the minister of the ruling party. Here the
minister of the government will execute the bill and will specify the cases in which the
bill will apply. In this a fair discussion would be done on the law where positive and the
negative aspects of the bill would be discussed. Here the government will make the
amendments if these are required for the bill top become the law. Here if the bill is not
voted upon and has a negative feedback then the government will amend the bill and
once again present it in parliamentary sessions.
 Committee stage: It is the process where the provisions which are related to the bills are
taken in to consideration by committee that is set by the parliamentary system ( Harris
and et. al., 2018). The public bill committee that is formed by the company takes into
consideration the oral and the written evidence which were presented while the bill was
being discusses in the parliament. It is the duty of the committee where they would
decide whether the bill would remain or not. Also it is seen that the amendment table will
propose the changes which should be made in the bill.
 Report stage: This is considered as the stage in which the reading of the provisions of the
bill takes place. Here the amendments that are made in the bill are discussed with the
members of the parliament. Here the amendments would be made in the bill and the new
provisions would be added in the bill for making it better and achievable.
 Third reading: This is the stage where the general discussion that are related to the
changes that are made in the bill are done in the parliament. Here the opposition party is
allowed to get know the changes and the amendments that are given in the bill. In this no
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amendments are possible for the bill to take place, lastly the voting on the bill takes place
through which the bill gets accepted or rejected.
 House of lords: it is process where the bill is sent to the house of lords. Where the bill is
exhibited before the members of the parliament. In this stage If there is any amendments
are made then it would be sent back to the house of commons where further thought of
changes are mulled over.
 Royal Assent: This is the stage which is considered as a formality for the law to pass.
Here the bill is sent to the Monarch where the royal assent is given to the bill. The
Monarch signs the bill and the bill is then turned in to law.
Application of common law in the courts
The common law is considered as the law which changes continuously according to the
given circumstances of the issue. Here the judges of the court decides whether it is required for
them to build a law or not. The judgement is done by the judge in the court room which depends
on the prior legal cases that are decided by the court while issuing the judgement. Also the cases
that are decide by the court should have the common structure so that they have a common
structure all over the jurisdiction in the country. It is seen that the court in the criminal cases
decides about the intensity of the crime that is committed by offender. For example it has been
decided by the house of commons that,
“U.K. has long had a common law offense of "outraging public decency." In the last
decade the authorities have used this ancient common law to prosecute a new intrusive
activity called up skirting: the practice of sticking a camera in between a person's legs,
without their consent or knowledge, to take a photo or video of their private parts for
sexual gratification or to humiliate or distress.
In February 2019 Parliament passed the Voyeurism Act that officially makes up
skirting a crime, punishable by up to two years in prison and the possibility of placing a
convicted individual on the sex offenders register”
Application of Statutory law in the court rooms
This is the law that is in the written context on the basis of which the decisions are made
in the court room. This law defers from the common law and is considered as the administrative
body of the countries legal system. This law includes various public and the private acts which
are taken into consideration while formulating the law. This includes various public and private
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acts which are considered as the legal part of the UK legislation system. The Judge while
proceeding the trial takes into consideration the rules that are specified in these laws.
Task 2
P3 How companies, employment and contract law has potential impact upon business
The companies, employment and contract law are considered as one of the main law that
are used by the business organisation in their daily routine operations. These law helps the
business organisation to work ethically so that it does not attract any legal obligations and the
penalties which are decided by the laws. The business organisation should take into
consideration the laws that affects them the most (Frank and Bix, 2017). If the business
organisation are not able to perform their functions and duties in a legal manner than it may
result in closure of the business and it may also result in high penalties on the organisation.
The company law is considered as the law that helps the business organisation and the
directors of the company to perform their function in best and ethical manner. This is the law that
provides the framework according to which the company is formed and performs it duty. The
company law consist of various sections which helps the director to perform their daily activities
more efficiently and smoothly. This law also specifies how the company can take over other
companies and through the process of mergers and acquisitions.
There are various impact on the functioning of the business due to the company law, as it
is seen that company has to seek the advise of the investors and the shareholders on each and
every decision that they take. This hampers the fast decision making process of company.
Employment law is the law that defines the rules and regulations according to which the
company should perform its obligations. This is the law that helps the employees to get the right
to appeal in case of any dispute that arise between them. This sets out the rules which relates to
the wages, working hours etc. if these laws are not followed by the company then this may lead
to closure or high penalty on company.
The impact that the employment law is that the employees of the company has the right
tot sue the company, which gives arise to the dispute between the wrong or untrustworthy
offences that employee's impose on the company.
The contract act is defined as the law which is one of the most important law, which
helps in functioning of the business. This law defines the terms and condition of the law
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according to which the company has to perform their obligations. As the operations of the
business depends on the contract that are formed by the company and the other parties of the
company. This helps to understand the rights and duties which the company has to perform while
performing the contract.
The impact of contract law on the business is that the company are bound by the terms
and condition as decided while entering into contract. Due to which they are not able to work for
the benefit of the company and to earn profits.
M2 Differences between legislation, regulations and standards to analysis potential impact upon
business.
The legislation of the country is considered as the vital part and is most compulsory for
the functioning of the country (Gautier and et. al., 2016). These laws are formed according to the
changing requirement of the country. Also it is seen that the regulation is the part of legislation
which are regulated by the legislation of the country. This helps in providing an effective
application of the laws in the country. Also the people who are related with judiciary system has
to comply with the regulation due to which the costs increases.
Also the standards are considered as more specific part of the law that specifies a
standard set of rules and guidelines which are applicable in the all the areas of law as standard.
D1 Critical evaluation of the legal system and law.
English legal system is known as the system that helps in maintaining the behaviour
among the people of the country. With the helps of legislation the government of the country can
decide about the ethical values that people of the country should follow. It is known that the
adversarial system of UK is known as the main functioning body which helps in determining the
working style of the country.
There are certain advantages that are related to this which includes:
 It is seen that there is certainty in the decision making process.
 The English legal system is specific and it helps in making fast and correct decisions.
Task 3
P4 Careful exploration of how various types of business organisation are legally formed.
The various types of business with their formation are given below-
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Sole Proprietorship- It is the simplex business form in which one can operate a
business. It is not a legal entity. It means a person who is the owner of the business is only
responsible for its debts. Here a single person is said to be the owner of the business. There is no
legal differentiation between the owner and the business entity.
Partnership- It is a formal agreement in which two or more than two parties manage and
operate a business. Partnership is not a separate legal entity. It is governed under the Partnership
Act, 1890. A partnership firm come into existence when a written agreement is signed by the
different partners and is submitted at the company house.
Joint venture- It is a business agreement where two or more parties agree to pool their
resources for accomplishing a specific task (Ferguson, 2017). In this task can be a new project or
business activity. The organisation needs to be registered under companies Act . There are
different documents required for the same which is Article of Incorporation and there must be a
legal agreement regarding the task or project which needs to be submitted to companies house.
Company: It is the that type of business where various ways are available to manage
business activities. In this this types of association the major role is being played by decision
making committee who need to take appropriate decision so that result can be obtained. This is
one of those business which always enjoys various freedom and even capital can also be lifted
easily. It have a lengthy formation process which can be said as the major drawback of this form
of organisation. The main purpose to incorporate company because right of perpetual succession
is given to it.
M3 Detailed assessment on the pros and cons of their formation.
There are various advantages and disadvantage for the formation of company which are
as follows.
Sole proprietorship- It is one of the easiest form of organisation. Its main disadvantage is
that in this form the organisation cannot file case against any one by its own name.
Partnership- The major advantage of this is that it can be managed easily and
disadvantage is that the liability of partners are not limited upto the investment amount.
Companies- The major advantage of this is that it is the most appropriate option to earn
profit for a longer period. On the other hand its disadvantage is that the documentation process is
very lengthy and expensive.
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P5 how this organisations are managed and funded.
Registered organisations needs to be managed properly to earn profit. In some cases
additional funds are also required. The details of funds and management are given below-
Types of organisation How it is managed Source of funds
Sole proprietorship These type of organisations are
managed by the single person.
Even nominee can also take
responsibility if necessity
arises.
With the help of personal
assets funds can be raised.
Even company can mange fund
through by applying for loan in
small financial institution but
its their whether they provide
or not.
Partnership These types of organisations
are managed by different
partners. But main
responsibility is with
authorised partner.
The source of fund for them
are banks and personal assets.
Loan can be taken from
various agencies.
Joint Venture Joint ventures are managed by
the authorised person. And
even government take the
charge if they are also
involved in venture.
Joint venture can apply for
bank loans and also loans from
government financial
institutions as well. Also,
capital of organisation can be
brought in.
Corporations These are mainly managed and
guided by shareholders and
directors. Even, there is
requirement of company
secretary
There are various sources of
raising funds which are- by
issuing share, debentures and
bonds, loans from financial
institutions.
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D2Critical review and an evaluation of the different types of business organisations.
There are various types of organisation which are currently running in the UK premisses
but the investor can make a choice regarding the investment of money. There are several benefits
which are beneficial in earning maximum amount of profit (Epstein, 2017). There are some
problems with the business organisations like in sole proprietorship and partnership the liability
is unlimited. Due to this investors are not willing to invest their money in sole proprietorship and
partnership.
Task 4
P6 Identification and recommendation of appropriate legal solutions for resolving a range of
disputes using relevant examples to demonstrate how a client might obtain legal advice and
support
In the presented question the scenario states that there are two parties Mr. X and STR
Ltd. They both an agreement that if any one them wants to leave the premises of firm they
should prior notice of 6 months. Unfortunately, M. X left the company without informing or
prior notice for that firm wants to claim damages from him.
Alternate Dispute Resolution: Disputes always arises due to basic conflict of interest
between employer and employee which disturbs their relation. To solve those disputes Industrial
Dispute Act is regarded as an effective tool. In this they call both the parties and give them the
freedom to share their issues and finally they reciprocally agree on a common action. There is
no involvement of government and court while resolving the dispute but only third party attempt
to figure out the conflict. This party is called as Arbitrator who solves the issues outside the
court. It saves time, cost, gives less stress from the court appearance and provides faster solutions
without any delay. Arbitrator provides the temporary order to both the parties mentioning the
detail information of conflict. And finally arbitrator provides the closing verdict to both parties
that verdict is referred as Award. This Alternate dispute resolution carries some steps which are
as follows:
Mediation: In this step alternate dispute resolution elect a third person i.e. mediator who
help the parties to take mutual decisions. Mediator cannot force them to agree on each others
views and also not allow to finalise the outcome of conflict. If mediator fails to convince the
parties then they can move to next solutions.
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Conciliation: Under this process the representatives of both the parties are asked to come
together before the third party i.e. conciliator (Allen and Kraakman, 2016). In this also
conciliator cannot pressurise the parties to agree on the decisions but can helps them in searching
solution for dispute.
Arbitration: It's an effective process as it analyse the situation and listens to both parties
after that only suggest some solutions which provides the satisfaction to parties. It is mainly
suggested by majority in order to bring an effective solution.
It is seen that the conciliation process would be considered as the best solution to solve
the dispute that has arose between Mr. X and STR Ltd. As this is the process which is considered
as cheaper and is faster then any other form of judiciary system that is present in the English
legal system. Also here the conciliator would help to meet out the solutions which gives them
complete solution of the list of agreement.
M4, D3 Including a comparison and evaluation of the different sources of legal advice and
support
There are various legal solution that are available to the companies that can be used for
resolving the dispute. It is seen that Alternate dispute resolution is one of the most effective way
to resolve the dispute which arise between them. It is seen that the procedure for resolving the
dispute according to the alternate dispute resolution is most effective which are simple and most
effective in this manner. As it is seen that the decisions that are taken in this are more fast and
are less costly. Hence it is seen that the feature and the effectiveness of the this method makes it
most suitable for resolving the dispute that arise.
CONCLUSION
This can be seen form the above report that the business law is one of the most essential
part of the legal system. It is also seen from the above report that there are different sources of
law in UK. It is said that UK law is the one of the most strongest law in the world. The business
organisation has to follow different laws which includes the company law, employment law and
contract law. Also there are various dispute resolution system that are described by the
government which helps in faster resolution of the dispute.
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References
Books and journal
Allen, W.T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Epstein, A., 2017. Incorporating Sport into the Business Ethics Segment of the Course.
Ferguson, T.S., 2017. A course in large sample theory. Routledge.
Frank, J. and Bix, B.H., 2017. Law and the modern mind. Routledge.
Gautier, J., Germain Kobak, V., Koops, K. and Alperin, J., 2016. Deal Skills through
Simulation: Immersion Intersession or Semester-Long Course. Transactions: Tenn. J.
Bus. L., 18, p.573.
Harris, W., Laine, R., Lee, E. and Green, L.S., 2018. Law is a ‘Foreign’Language: An Analysis
of the Language of Law and the Use of Second-Language Teaching Pedagogy in an
Undergraduate Business Law Course. Journal of Legal Studies in Business, 21, p.76.
Merry, S.E., Davis, K.E. and Kingsbury, B. eds., 2015. The quiet power of indicators: measuring
governance, corruption, and rule of law. Cambridge University Press.
Müller, C., Stahl, M., Alder, M. and Müller, M., 2018. Learning Effectiveness and Students'
Perceptions in a Flexible Learning Course. European Journal of Open, Distance and E-
learning, 21(2).
Reardon, K.A., 2016. Using the Qualitative Interview in the Classroom to Help Students Make
Connections Among Course Content, Social Capital, and Careers. Management
Teaching Review, 1(1), pp.26-33.
Vagts, D.F., Koh, H., Dodge, W.S. and Buxbaum, H.L., 2015. Transnational business problems.
West Academic.
Velliaris, D.M., Willis, C.R. and Pierce, J.M., 2015. International student perceptions of ethics in
a business pathway course. In New voices in higher education research and
scholarship (pp. 232-250). IGI Global.
Wang, W., 2017, December. English for General International Business Law Course
Construction in Chinese General Local Universities. In 2017 2nd International
Conference on Education, Management Science and Economics (ICEMSE 2017).
Atlantis Press.
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