(DOC) Business Law Assignment
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Added on 2020-10-05
(DOC) Business Law Assignment
Added on 2020-10-05
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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P1 Different sources of English law............................................................................................1P2 Role of government in law making and applicability of common and statuary law in justicecourt.............................................................................................................................................2TASK 2............................................................................................................................................4P3 Potential Impact of employment and contract law upon business.......................................4TASK 3............................................................................................................................................5P4 Legal solutions for a range of business problems..................................................................5P5 justifications for the use of appropriate legal solutions.........................................................7TASK 4............................................................................................................................................9P6. legal solutions based upon a different country’s legal system .............................................9CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................11
INTRODUCTIONBusiness law is known to be a regulatory framework that governs the activities ofbusiness in order to make their conduction smoother and in an ethical manner. There are variousaspects of business laws which every organisation has to follow to maintain the legal structurewhich definitely supports the functioning of every trade. In this report, there are two importantlaws which are related to employment and conduction of various contracts which have beenestablished in order to provide basic rights to workers and to safeguard their interest from whichthey performs their jobs on the other hand agreements can be made in order to come into acommercial 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 beendescribed which is important to understand. Along with this, the role of government has beendepicted in the formation of law and application of statutory and common laws in the JusticeCourt. Some legal solutions have been provided for the range of many business problems such asterminating a contact and even the rescue from insolvency.TASK 1P1 Different sources of English lawThe main sources of English law are:Legislation- legislation comprisesPrimary 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 speciallegislation.Secondary legislation: it is also known as delegated legislation. In this local authorities andpublic 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 theprovisions of statutes. The decision so made is binding on all the lower authorities andsometimes on same level of courts. As per doctrine of judicial precedent the responsibility of ajudge is to decide a case and the parliament is responsible to make law in accordance withdecision passed by the judge.European union law: UK is a member state of European union, so the Eu law has become partof English legislation. It has overriding effect over the English law, however it does not replacethe English law. If there is any conflict between the two laws then EU law prevails. The EU law1
is created by the three European bodies namely:- The European commission, The EuropeanParliament and European council.Custom : customs are nothing but behaviours and habits of the society. Customary laws are thefoundation of common law and is the oldest form of English law. These are applicable tocountry as a whole or to a local area. The custom must have exited since 1189. It shall existedcontinuously without a break. It shall be certain, reasonable, consistent with the law and must nitbe 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 toensure that employee are treated fairly and equally. The issues that shall be considered areminimum wages, leave, redundancy and termination of employment and pension. Anorganisation is bound to follow this law failure to which attracts legal complications (Slapper andKelly, 2018).Consumer Law: An organisation engaged in sale of product or services need to comply withconsumer law. Also, a business have same rights if it is a buyer of product or service from otherbusiness (Vigier and del Mar Sánchez, 2017). An organisation has to follow the laws made toprotect 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 thecompetition and reduces the choice available to consumers. Any unfair and illegal practice shallbe reported to Competition and Markets Authority, which is formed for this purpose. There aremainly 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 justicecourtLaws are passed by the parliament result from proposal made by government, which aimsto address particular problem or shape society.The process of making law is as follows-2
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