Business Law : Sources of Law Assignment
Added on 2021-01-01
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Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1 ...........................................................................................................................................1P1 Explanation of different Sources of Law..........................................................................1P2 Explanation of role of government in law making and application of statutory law in courts................................................................................................................................................2TASK 2............................................................................................................................................4P3 Specific examples to illustrate various laws and their potential impact upon business....4TASK 3............................................................................................................................................5P4 Exploration of different business organisations legal formation......................................5P5 Explanation of management and funding of business organisations................................6TASK 4............................................................................................................................................7P6 Recommendation of legal solutions for resolving range...................................................7CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9
INTRODUCTIONBusiness law is said to be the laws that govern various dealings between individuals andcommercial matters. They are present to prevent and resolve problems that may affect or hurt abusiness which can cause legal disputes (Davidson, Forsythe and Knowles, 2015). It hasdifferent components, which include criminal, civil and legal law. Pegasus is a small partnershipcompany owned by Jay and Alex. It was founded in 2014 and deals with the deliveries ofpackages to customers in Ashford, Kent. This report will explain the nature of UK's legal systemand different sources of law as well as role of government in law making and how statutory andcommon law is applied in the country's court. With the help of an example, it will illustratepotential impact of employment and contract law upon business. Exploration of different types ofbusiness organisation's legal formation will be done and explanation of how they managed andfunded will be covered. Finally, recommendation of legal solutions will be given for resolutionof ranges. TASK 1 P1 Explanation of different Sources of LawUK’s sources of laws are:Legislation (House of Commons, The House of Lords and The Monarch): These houses havemade up statute laws, which have been enacted by parliament, who develop legislations andpolicies that supersedes common law. Common Law: These are laws created by judges during court cases, which are generally binding.They are flexible and can be overruled by other laws (Hammer, Hendy and Kelly, 2014). Lowercourts have to follow judgements that are decided by higher courts, according to precedentdoctrine. European Union Law: As one of the sources of law, this system operates among state membersof European Union, which consists of political institutes, social and economic policies (Besley,2015). They have to consider laws of importance and has more power as compared to nationallaws, when conflicts arise. The European Convention on Human Rights: This source ensures that Human rights ofidentified individuals are protected under ECHR. 1
The English System law in which England and Wales have been given this system is notofficially codified. It has been divided into criminal and civil law.Criminal LawA body of law related to crime, which is established by statute and punishment is given topersons who indulge in violation of the laws of country. This includes acts that can threaten andharm public's safety and welfare (Nelken, 2017). There are prosecutors, juries, burden of proofand reasonable doubt present and resolutions of the case are done in court, with a judge to decidea verdict of that particular individual of being guilty or not. Examples are robberies, murder andtheft. Civil LawCivil law comes in when private issues between 2 or more people arise and disputes haveto be resolved. In this, there are claimants, standard of proof and probabilities balance(McMorrow, 2015). Compensations are given to those parties that have faced trouble and no onegoes to prison. Examples are personal injuries, contract breaches and family disputes. 2Illustration 1: Judicial Structure of England(Source: United Kingdom Law Research Guide. 2018)
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