Business Law & Sources of Law - Assignment

Added on - Dec 2020

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Business law
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1TASK 1............................................................................................................................................1A) Presenting the meaning and importance of the statement “Parliament is sovereign” andsources of law in United Kingdom..............................................................................................1B) Role of government in making law and application of statutory and common law in justicecourt Role of government...........................................................................................................2C) Illustrating impact of different laws on business organisation...............................................5TASK 2............................................................................................................................................6A) Exploring the nature and formation of different types of businesses....................................6SECTION 2......................................................................................................................................8Case 1 Recommending appropriate legal solution to Champion Ltd.........................................8Case 2 Suggesting legal advice to Amber Ltd............................................................................9Compression and contract of the legal and alternative advise to establish the effectiveness ofsolving a commercial dispute....................................................................................................10CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................12
INTRODUCTIONBusiness law is a legal body which governs the business and commerce. This isconsidered as a branch of civil law dealing with issues of both public and private law. Thissection of the law defines the applicability of different laws on an organisation while carryingout its business activities which it must abide with. In the present report a related with thesovereignty of United Kingdom parliament with describing the sources of law in UnitedKingdom. Along with this the application of various laws in organisation is presented. Thereport present difference between incorporates and unincorporated business with presentingadvantages and disadvantage of partnership and company. The section 2 of the report providesdifferent legal advices and solutions for the commercial issues given. For the given problemsalternative solution is also given and both legal and alternative advices are compared andcontrasted in context of their effectiveness in solving a legal problem.SECTION 1TASK 1A) Presenting the meaning and importance of the statement “Parliament is sovereign” andsources of law in United KingdomThe prime power is given to the parliament of the United Kingdom for more than 300years. This primacy means that the parliament is the ultimate source of the law which have apower to make and take the law. It can make laws as it determines and on court can question thevalidity of any such legislation created by the parliament. The court can not overrule the lawsand legislation made through parliament. The United Kingdom parliament is empowered withabsolute and ultimate power which can not be overpowered by any other legal body or otherauthority of the nation(Gee and Young, 2016)Though parliament is considered as the suprememost power in United Kingdom for a long time but the same was declared under the name ofparliament supremacy in year 1689 which gives life and motion to the United Kingdomgovernment with this the political powers in United Kingdom are subsides with supreme powerof Parliament.The ultimate power to make and change or annul a law is given to the parliaments due tothe reason of non presence of the United Kingdom constitution in a single codified form . Thismeans the all the rules, legislations and regulations of the United Kingdom are not written underone book. This is the reason that parliament is given the sovereignty to make laws which can not1
be denied or non followed by any person, solicitors or even by the court. But with change intime specially with the Brexit this constitutional powers of the parliaments is under the edges asthe sovereignty is changing form legal and political (Lakin, 2018). But still the main powerresites with the parliaments only as a law need to be framed and changed with due procedure ofthe parliament so the supreme power of the United Kingdom parliament is still intact thoughwith changing time it can see some changes and modification but the power is ultimate andabsolute.Source of United Kingdom law:It can be defines as the origins and point of information fromwhich the laws and legislation in the United Kingdom are formed. These are:Act or Parliament:These could be classifies as Act of parliaments which is ultimatebody which makes legislation and act by following the procedure to make laws.This is theultimate body for making laws in United Kingdom. The acts and legislation made through act ofparliament are absolute in nature which must be abide by all courts and no one can overrule anyprovision of act made by parliament. Additionally,Delegated Legislationis theauthority andpower given by the parliaments to governing authorises, ministers and public bodies to makelaws and legal provision of a particular legal or physical area and are the statutory instrumentsmade under the authority of parliamentary supremacy.Common law:includes both civil and criminal laws which and for both laws are madethough the decision of case laws, given by the course in lawsuits. The ruling of the court retain abiding effect on lower courts through doctrine of judicial precedent. Therefore the lower courtsare required to refer the decision of provision case law having same subject matter in whichruling have been pronounced.Equity:Equity is that system of law that follows the natural justices ans isdenotesas a system of justice which was administrated by the court of chancery for exercisingextraordinary jurisdiction (Lewandowski, 2016). This can be defined as a set of legal principlesto be followed by all jurisdiction adhering the English common law tradition. This apply strictrules of the law to achieve a natural justice even if it requires harsh application on the law.As the European union EU is concern presently despite of the issue of Brexit andUnited Kingdom a member nation of European Union and the laws and regulation of EU applyon the United Kingdom as well. In cases of contradiction between the EU and United Kingdom2
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