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English Law and Business Law

   

Added on  2020-06-04

15 Pages5269 Words341 Views
Business law

TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1P1 Structure of English legal system and different sources of law........................................1P2 Role of government in making law and application of statutory and common law..........3M1 Effectiveness of legal system in terms of reforms and developments.............................4D1 Critical evaluation of English legal system......................................................................5SECTION 2......................................................................................................................................5P3 a) Employers legislations in relation to:............................................................................5b) Relevant employment and contract laws............................................................................6M2 Potential effect of legislations, regulations and standards in context of case study........6SECTION 3......................................................................................................................................7P4 Appropriate legal solutions for business problems...........................................................7P5 Justifications for solutions in context of above case.........................................................8M3 Positive and negative impacts of legal solutions to business problems...........................9SECTION 4......................................................................................................................................9P6 a) Concepts and benefits of using alternative dispute resolution process.........................9P6 b) Legal solutions for business problems........................................................................10M4 Effectiveness of two different recommendations..........................................................10CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................12

INTRODUCTIONBusiness laws are considered as provision made by parliament and government toregulate the business operations smoothly without any conflicts within country. Also, referred ascommercial laws that govern the major contracts and dealings between the people andcommercial matters. Present report is based on analysis of English legal system which isstatutory legal framework that consists of various laws that are used to govern the business.There are different sources of laws have been analysed from which these legislations are beingformulated and implemented (Siedel and Haapio, 2010). Role of government in formulation andimplementation of laws and regulations have also been evaluated. Along with this, the report willalso describe some regulations relating to Occupational health and safety, workers compensation,harassment and equal opportunities at workplace. Some case studies are also taken intoconsideration in order to analyse different contract laws that are used to solve various businessproblems. At last, solutions to resolve those problems in context of business are also determinedalong with valid justification behind recommendations of those legal solutions for resolution ofbusiness problems.SECTION 1P1 Structure of English legal system and different sources of law.English legal system is considered as statutory framework that consists of different lawsand authorities which are responsible for regulation of those legislations. It mainly deals with thethree types of laws like legislation, common law, EU laws. This legal system is only authorityunder the jurisdiction of England and Wales which differs from systems in other overseas nations(Fitzgerald and et.al., 2011). The legal framework of England and Wales is basically dividedwithin two categories like primary and secondary legislation. Primary legislations: From effective research, it is recognised that primary legislation arethis kind of delegated provisions that are formulated by parliament of the countries. Inpresent context, delegates of parliament in UK possess the rights to create and implementsecondary legislations. Further, these primary legislation includes the different sourceswhich are also mentioned below:◦Public act: These are acts which are successfully passed by the House of Lords alongwith the royal confirmation for the welfare of people in England and Wales. Theseacts have been formulated by government within aim to provide certain rights to the1

people and provide them a base to regulations. For example: Transport Act 2000,General Act 1998 and Housing Act 1963 etc.◦Local and personal act: Provisions under both local and personal act are included inprivate acts which formulated with an aim to govern the individual and organizationbusiness operations (Gillers, 2014). Local provision involves the benefit oforganisation, limits of corporates and grants of citizenship etc.◦Privacy council: It is also considered as part of royal limits, these laws and provisionshave been changed simultaneously by act of House of Lords and involve the civilservices and appointments of prime ministers. Other than this, it also includes civilcontingency, statutory instruments, and government of Wales act 2006. Secondary legislations: Statutory legal provisions which are made by the representativeof primary authority of regulations. In present case, these legal provision have been madeto protect the people from certain damages and aims to operate smooth businessoperations. Territorial acts 1973, national assembly of Wales acts, Ireland act 1973 andwarranty and regulations acts are major example of these secondary provisions. Itincludes two types of laws like:◦Common laws: Also considered as case laws made by the judges of supreme courtsused to provide judgements for some cases based on similar situations (Kötz, 2017).These case laws involve criminal laws, contract laws, tort laws and agency terms andconditions. In UK, common legislation also recognised as civil laws but they alsodiffer due to their different sources of generation. ◦EU Laws: These are statutory legal provision which are also analysed as civil lawsmade by the European Union to protect the rights of people living, employed andbusiness enterprises in Europe (Mnookin and Weisberg, 2014). In case of UK,partnership act 1890, laws of property act 1925 and sales of goods act 1893 are thebest example of these civil laws.◦Statutes: It implies to laws formulated by House of Lords along with the governmentwhich are mandatory for all the people and amendments have done continuously inorder to make these laws more powerful. For example: Employee rights act 1996 andequality act and payment of wages act etc.2

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