Sources of Law and Employment Contract

The assignment provided is a detailed analysis of various sources of law that organizations must comply with. It highlights the importance of employment and contract law in protecting basic rights and promoting harmonious relationships between employers and employees. The document also touches on solutions for terminating contracts, such as not performing or breaching agreements, which can solve problems faced by companies due to particular agreements with other parties.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Different sources of English law............................................................................................1
P2 Role of government in law making and applicability of common and statuary law in justice
court.............................................................................................................................................2
TASK 2............................................................................................................................................4
P3 Potential Impact of employment and contract law upon business.......................................4
TASK 3............................................................................................................................................5
P4 Legal solutions for a range of business problems..................................................................5
P5 justifications for the use of appropriate legal solutions.........................................................7
TASK 4............................................................................................................................................9
P6. legal solutions based upon a different country’s legal system .............................................9
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Business law is known to be a regulatory framework that governs the activities of
business in order to make their conduction smoother and in an ethical manner. There are various
aspects of business laws which every organisation has to follow to maintain the legal structure
which definitely supports the functioning of every trade. In this report, there are two important
laws which are related to employment and conduction of various contracts which have been
established in order to provide basic rights to workers and to safeguard their interest from which
they performs their jobs on the other hand agreements can be made in order to come into a
commercial relation with other firm and to expand the business in order to earn great profitability
(Anderson, Brodie and Riley, 2017). In addition, their impact upon the business has been
described which is important to understand. Along with this, the role of government has been
depicted in the formation of law and application of statutory and common laws in the Justice
Court. Some legal solutions have been provided for the range of many business problems such as
terminating a contact and even the rescue from insolvency.
TASK 1
P1 Different sources of English law
The main sources of English law are:
Legislation- legislation comprises
Primary legislation- This is the most important source of law and is an act of parliament.
It is constituted of codification, consolidation, law reform, revenue collection and special
legislation.
Secondary legislation: it is also known as delegated legislation. In this local authorities and
public bodies are given powers by parliament to create regulation and laws for specific purpose.
Case law- Case law is made up of judgements made by the higher courts by interpreting the
provisions of statutes. The decision so made is binding on all the lower authorities and
sometimes on same level of courts. As per doctrine of judicial precedent the responsibility of a
judge is to decide a case and the parliament is responsible to make law in accordance with
decision passed by the judge.
European union law: UK is a member state of European union, so the Eu law has become part
of English legislation. It has overriding effect over the English law, however it does not replace
the English law. If there is any conflict between the two laws then EU law prevails. The EU law
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is created by the three European bodies namely:- The European commission, The European
Parliament and European council.
Custom : customs are nothing but behaviours and habits of the society. Customary laws are the
foundation of common law and is the oldest form of English law. These are applicable to
country as a whole or to a local area. The custom must have exited since 1189. It shall existed
continuously without a break. It shall be certain, reasonable, consistent with the law and must nit
be in contradiction to any law.
Laws an organisation must comply with:
An organisation must comply with the following laws-
Employment law, Consumer law and Competition law, Intellectual property law,
Employment Law: this law stats that an organisation must abide by the laws and regulations to
ensure that employee are treated fairly and equally. The issues that shall be considered are
minimum wages, leave, redundancy and termination of employment and pension. An
organisation is bound to follow this law failure to which attracts legal complications (Slapper and
Kelly, 2018).
Consumer Law: An organisation engaged in sale of product or services need to comply with
consumer law. Also, a business have same rights if it is a buyer of product or service from other
business (Vigier and del Mar Sánchez, 2017). An organisation has to follow the laws made to
protect the rights of consumers, such as- supply of goods act 1973, unfair contract terms act,
1977, supply of goods and service act 1982, consumer protection regulation 2000.
Competition Law: This law is designed to prevent unfair practices which strangle the
competition and reduces the choice available to consumers. Any unfair and illegal practice shall
be reported to Competition and Markets Authority, which is formed for this purpose. There are
mainly two types of anti-competitive practice which are prohibited under UK and EU law- Anti-
competitive Agreement and Abuse of Dominant market position (Cheng, 2018).
P2 Role of government in law making and applicability of common and statuary law in justice
court
Laws are passed by the parliament result from proposal made by government, which aims
to address particular problem or shape society.
The process of making law is as follows-
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An issue or agenda emerges on government's agenda- An agenda is informed by general
election to government. These agendas can also be informed by campaigning by special interest
groups, private citizens, politician and by and through media.
Ideas for addressing an issue are considered- once an issue is identified then it is to be decided
that what to do about this (Pound and DeRosa, 2017). The proposal for addressing such problem
may come from political party-opposition and governing, recommendation can also be taken
from public inquires.
Interested people and groups are consulted- To make an idea a law it is necessary to inform
and take consultation from experts, interested group and people likely to be affected by the plan
(Slapper and Kelly, 2018). These interested are asked to comment on green paper and a white
paper is produced as statement of government's intention.
Approval of cabinet ministers- once an idea is decided for proposal it is presented before all
cabinet ministers. When cabinet committee approves the proposal it must be selected by the
committee responsible for government's legislature (Vigier and del Mar Sánchez, 2017). The
legislature committee makes final decision as to weather to present the proposal to parliament or
not.
Proposals are made into Bills- The proposed ideas becomes bill when it is approved by the
committee. All bills are intended to be introduced in parliamentary session are announced in
queens speech.
Parliament consider and scrutinises bills- The house of parliament consider the bills and to
become the law a bill shall be passed by both MPs in house of common and peers in house of
lords (Pound and DeRosa, 2017).
The Monarch's assent turns a bill into an Act- When a bills gets approved from lords and
common a bill will also receive a formal approval by the monarch called 'Royal Assent”.
A bill then becomes law.
Applicability of statutory and common law in justice court-
Applicability of common law- This law states that how a legal process is to be executed.
The court are provided with certain procedural rules for relater practice:
 The civil procedure rules made a procedural code that have overriding aim to enable the
courts to deal with cases with just (Slapper and Kelly, 2018).
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 The criminal procedure rule gives the court an explicit power to manage the preparation
of criminal cases which are to be heard and avoid the unnecessary delay.
 The family procedural rule are given a single set of governing rules and procedures in
family proceedings in the courts.
Applicability of statutory law- statutory law is an independent set of laws that decide the fate of
a case. The court is provided with independent power to decide the fact of case by virtue of
statutory law (Vigier and del Mar Sánchez, 2017). This law establishes the rights and obligations
of individuals and what individual may or may not do. These are applicable in legal context only
and references can also be taken from decided case laws.
TASK 2
P3 Potential Impact of employment and contract law upon business
Both the employment and contract laws play an impactful role in a business. These laws
are for the protection of basic rights and ethical practices which are used for the maintenance of
effective business.
Employment laws are made to provide protection for the rights of an individual who can
be employer as well as employee. It covers every factor that affects the relationship of both in
order to maintain the productive and harmonious working on an environment. It is very crucial
that every employee work within these rules to avoid any penalties or claims which can be very
costly. The employment law is a framework which almost regulates activities of recruiter and a
worker. Employment law consists of following aspects which are contracts and related condition
of employment, employee treatment, their working hours and pay, taking any leave or absence
and also, takeovers and transfers of a business. With employment laws company is able to
structure every aspect that can help to create a favourable environment for them. With
employment laws workers are provided basic facilities in working. It also helps to maintain their
work life balances. With this productivity of the business increases and firm is able to
accomplish its goals and objectives
These are regarded as broad areas within that all laws are related to the employment
aspect to solve issues which are very serious of an organisation which can be grievances and
discipline harassment and bullying a worker, discrimination on the basis of age, problems
regarding equal pay, rights regarding maternal and paternal matter, sexual orientation can be one
of the biggest problem which has to be handled effectively to avoid any kind of disputes.
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Some of the serious issues can be related to data protection, terms and conditions which
are related to employment and decides the criteria (Harten, 2016.). As these were the factor that
were important for maintaining the regulated structure of an organisation that would definitely
helps for maintaining structure of an company which is very important in order to accomplish the
goals and objectives which is the basic reason for an existence.
All these obligations should be understood under the concept of employment law and keeping
this up to date with all updates which shall be regularly done. These rules are necessary to
protect the rights of every worker which can be exploited easily therefore this regulatory
framework provides a guidance about what should be conducted and prohibited in order to
sustain the interests for both employer and employee which would ultimately lead to build up a
string relation which could result in the increase of efficiency factor in production level of a firm.
Contract law provides general principles for regulation of enforcement and performance
of a particular contract which is conducted between two or more parties which are generally
private and wishes for entering into a relation which is based on commercial terms. The impact is
completely dependent upon jurisdiction approach towards any kind of law (Halliday and Shaffer,
2015). These approaches are considered as the common law which are known to be promoted
legal system and also civil laws which are mostly considered as non-common system of laws.
Contract law keeps a scenario of open-ended questions and also leads to leave several factors
which are needed to be governed in accordance to the requirements of any kind of situations.
Without any type of contract any business cannot be successfully run in an orderly manner.
Contract law provides basis for the source of trust which shall be establish in order to establish
any commercial relationship. This regulatory structure provides source which is meant for
conduction of ethical agreements that must provide equal benefits to each other and are
necessary for facilitating the process of trade. In addition, it deals with those aspects such as
arising of any disputes due to certain contracts which needs some resolvent therefore it is very
necessary to provide a guideline for every kind of dispute which can commence due to any deal.
Therefore, the contract law has an immense impact on the businesses activities. Contract law
helps very organisation to conduct every commercial successfully. Apart from that, it protects
very small companies from any kind of fraud or misconduct of agreement from other large firms.
Also, contracts are fulfilled under decided criteria. With this expansion and growth can be
achieved very easily. It facilitates to flourish successfully at every level in market.
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TASK 3
P4 Legal solutions for a range of business problems
There are many problems which are faced by very business and some of them are
common which can be termination of contracts and also resolving the state of liquidation and
insolvency.
According to certain activities which are conducted in business when a party completely
agrees on the contact then they are liable for performing all the duties under certain laws which
are determined in an agreement which has been made between them and failure in performance
can be known as breach of a contract. There are few conditions and terms which can lead to
facilitate the termination of any contract on legal basis which can be done for various reasons.
The termination is conducted under contract law which is different in every state.
There are basically five ways through which one can avoid terminate the contract which are
discussed as below:
Negotiation
It can be regarded as making the difference in the interest by reducing certain variation
and also making up an agreement which can satisfy the interest of both the parties. Negotiation is
important in order to maintain an effective formal relationship and also saves the mutual interest
and expectation which are associated with the contract. It has many phases which in turn leads
the negotiation successful and every meeting has to follow all such procedure which provides a
chance to know other party and its requirements and expectations which are associated with the
deal.
Re-engagement
With this one can start a fresh contract based on revised conditions on which both can
agree and start the agreement again. This leads to both parties to re-engaged with each others.
Prior Informing
One can avoid the contract termination if a party has provides prior notice in a written
manner which states for stopping the agreement which has to be performed can occur due to
certain reason. A party shall submit a particular written reasons to acknowledge them that
interest for the contract has been finished. With this one can find out effective resolutions for
saving the contract.
Non-Performance
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Contacts between two or more parties are based on some activities which are known to be
called performance. A completion of any agreement can be based on the performance aspect of
both parties, if one of them does not performs then it is called non-performance which leads to
termination of the contract.
Breach of Contract
When a particular contract is not honoured by one of the party then this situation is called
breach of a contract. This may happen because one of the parties may fail to meet all the
obligations completely.
Another serious problem which is faced by every business is related to insolvency and
liquidation. It can be usually defined as the trading of a firm stops and all the assets starts turning
into cash which is known to be liquidated. All other liabilities which can be related to
employment, rent of the landlord or payments to bank or other companies. There are many
insolvency problems such as problems related to cash flows, delayed payments, negotiation with
creditor etc.
Problems relate to insolvency or Liquidation can be solved by following solutions which
are described as below:
 An advice can be taken from restructuring of the business debt and also negotiation worth
the creditors which is very important aspect in order to solve the problems.
 Some of the suggestions can be taken on latest methods that can be used for improving
the cash flow from the invoices which are due, like invoice finance (Beatty, Samuelson
and Abril, 2018).
 Advising can be operated at staffing level and the best staff can be obtained which would
definitely provide them an advantage.
 Recommendations can be taken regarding outsourcing of critical parts which are related
to business and the source from where the funding can be done. In addition, finance can
be raised by the assets of a company.
 Disputes between the director and shareholder must be effectively solved so that the
functioning would not stop.
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Mergers or acquisition- Company can opt for merging with other firm who has same
product line or can allow themselves to get acquired by other company. It will lead to increase its
financial stability.
These are the basic solutions which can provide the assistance to problems which are
related to liquidation and insolvency of a firm that can lead to harm. Therefore these are he
suggested remedies that can help a business for the termination of any contract which can be due
to any reason and might be required because the company might not be satisfied with the
provided agreement and hence wants to end it for their betterment and the issues which are
associated with the aspect of liquidation needed to be resolved because it might lead to create
many disadvantages for them and even can make their survival very hard.
P5 justifications for the use of appropriate legal solutions.
The legal solutions which are provided for the termination of contract is the conduction
of the negotiation between the two parties who wants to end the contract. Before the contract
termination both the parties shall do negotiation in order to save the contract. A negotiation is
defined as the process in which the mutual interest of both private groups shall be acknowledged
and respective agreement shall be made that which is necessary to maintain the effective
relationship between the parties. Negotiation is very essential for the fulfilment of requirement
which both expect from the contract. It is regarded as the series of many processes which
facilitates to negotiates with each other into a mutual solution that might lead to solve the
problem of contract termination. For an effective negotiation process one has to concluded all the
requirements and expectation which one expects from contract that has to be discussed in a
meeting which lead to provide what both the parties actually wants and results towards the
mutual conclusion. These phases are conducted in order to resolve any kind of dispute which
occurs due to termination of the contract. There are many benefits which are associated with the
negotiation, these can be it provides an effective resolution of all the problems and disputes
which occurs due to certain factors and can affect the commercial relationship of both private
parties. It enlightens towards more solutions which is advantageous for both. A creative solution
which is provided by adopting negotiation can lead to improvement in the relationship of the
individual which definitely benefits the business and other trade activities in a market (Jones,
2017). It also provides a chance for better communication which leads to better understanding
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which makes the relationship more harmonious and productive. It also facilitates the process of
sharing information which could be beneficial for both of them.
Also for providing the prior agreement for ending up the particular contract can lead the
one to provide an idea that particular party wants to end up the contract so that another one can at
least acknowledge or try to find out the solution which must be required for maintaining
contractual relationship which is formed and is required for effective and efficient trade. Prior
notice provides the other party to find an alternate solutions with respect to particular contract
which is been going to be terminated and also some solutions to the issues which are main
reasons for termination.
For avoiding termination of contracts Negotiation will help to fix up the reason which has
led to termination of contract. With this any kind of dispute between two parties can be settled
very easily. With re-engagement one can easily work upon building up a fresh deal with new
conditions. Prior notices can provide a chance to other party to resolve every issue of other party
for saving up agreement.
Also there are many solutions which are being providing to avoid the liquidation and the
insolvency which can affect the existence of any firm and can completely transforms all its assets
into cash. Mergers and acquisitions can one of the best and effective solution. As it will help to
make their financial aspect to be more stronger and they will get a chance to save the business.
One should get legal advices and solutions because it provides them an expert vision for
handling such scenarios which are delicate to handle and also affects the financial status of an
organisation which directly compromises their position in the market. There hiring an financial
experts provides the assistance for the formation of budgets regarding various activities which
can facilitate in maintaining the correct financial balance for the survival (Robson, 2015). Also
certain strategies should be made to find out the best suitable sources for the collection of the
funds for their survival. Negotiation with the creditors should be done in order to develop a
relationship which is positive and they might get convinced for forming certain agreement which
are in favour of firm and can also lead to develop a good financial status. A better relationship is
compulsory between director and stakeholder because it would lead to create a coordinative
environment and the strategies would be more impactful in order to create a scenario which is
beneficial for the company.
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TASK 4
P6. legal solutions based upon a different country’s legal system
Legal Structures based on varied societies
Geographical difference on the areas led to creation of demographical differences which
means every individual has different status and surroundings which completely affects the law
making structure of government. Every area has certain social concept according to which the
always shall be made so that one can witness the effective rules and regulations which leads to
provide a lawful environment which is the positive aspects of that areas Also each one of it has
variations in the resources and the associated functioning that might require different types of
rules and regulation which might be followed (MacIntyre,2018). For an example a residential
areas might have different rules which can be based on the housing aspect whereas the Industrial
area would have rule and regulation regarding several operation and environmental rules which
every industry has to follow in order to provide them effective functioning and production of the
products.
Establishment of Unions for protecting basic rights
Unions play an important role in the regulation of laws in a society. It is a body which is
registered under the authority of government and helps to provide solution of various issues
which are related to the rights of an individual. Unions forms the structure which has many
members and they provide assistance to them so that they basic rights gets protected and does not
get violated by any individual who is responsible for creating various issues which can degrade
the quality of the society. Unions are localised legal structure which provides essential
protection and rules and regulation of various laws and policies. Unions also provides awareness
regarding the rights and basic rules for essential living of people in a society. They provide
various defence training and techniques to protect from crimes which are happening in the
society.
Establishing various Legal institution
There should be the establishment of various institutional bodies in the local level that
provide direct access towards every natives and tries to solve the problem which he might take it
to the court which in turn can lead to take lots of time. These bodies tries to make the image of
the government and its implication for various rules and regulation at the various areas of the
nation (Van Uytsel and Wrbka, 2016). Also it provides the security to every minority an
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individual who is needed to have protection regarding any discrimination or other ill practices of
societies.
Empowering Citizens
Citizens play an effective role in the establishment of harmonious and peaceful society on
accordance to the rules and regulation which is very necessary for the growth of a society. Every
native must understand their roles and responsibility which they have towards the nation and re
needed to be applied fro every individual. Many suggestions shall be taken from the citizens for
better understanding of the aspects which can provide a closure view that would definitely help
the government for making effective rules and regulations for the country. Views and perception
of regarding the law making must be taken from every individual in order to provide an
impactful modifications of all the problems by introducing effective laws.
CONCLUSION
It has been concluded that there are various sources of laws that every organisation has to
comply with. These can be the internal as well as external sources that lead to the formation of
the rules for various industries which are operating in a market. Also, it has been acknowledged
that the government plays a crucial role in the formation of a law which is followed by the
analysis of various factors which can create various issues in handling the various rules and
regulations. The impact of employment and contract law is very immense as it lead protect the
basic right of employees ad employers. It also helps to develop the harmonious relationship
between them which in turn provides the efficient productivity which helps to accomplish their
goals and objectives which are necessary in order to survive in a market . Also, there are various
solutions for the termination of contract which can be implemented by any private parties such as
they can decide to not perform and even can breach the contract which can lead to provide the
termination of a contract which can solve many problems which a company is facing due to
particular agreement with another party.
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REFERENCES
Books and Journals
Anderson, G., Brodie, D. and Riley, J., 2017. The Common Law Employment Relationship: A
Comparative Study.
Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2018. Essentials of Business Law. Cengage
Learning.
Cheng, K. K. Y., 2018. Legitimacy in a postcolonial legal system: public perception of
procedural justice and moral alignment toward the courts in Hong Kong. Law & Social
Inquiry. 43(1). pp.212-228.
Halliday, T. C. and Shaffer, G. eds., 2015. Transnational legal orders. Cambridge University
Press.
Harten, N., 2016. Disability and the employer's duty-a comparison with Ontario, Canada:
employment law. Without Prejudice.16(7).pp.9-12.
Jones, L., 2017. Introduction to business law. Oxford University Press.
MacIntyre, E., 2018. Business law. Pearson UK.
Pound, R. and DeRosa, M. L., 2017. An introduction to the philosophy of law. Routledge.
Robson, R., 2015. A new look at benefit corporations: Game theory and game changer.
American Business Law Journal.52(3).pp.501-555.
Slapper, G. and Kelly, D., 2018. Q&A English Legal System 2009-2010.
Van Uytsel, S. and Wrbka, S. eds., 2016. Networked governance, transnational business and the
law. Springer.
Vigier, F. J. and del Mar Sánchez, M., 2017, November. Using Parallel Corpora to Study the
Translation of Legal System-Bound Terms: The Case of Names of English and Spanish
Courts. In International Conference on Computational and Corpus-Based Phraseology (pp.
260-273). Springer, Cham.
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