(Doc) Business Law Assignment Case Study
Added on 2021-02-19
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Business Law
Table of ContentsINTRODUCTION...........................................................................................................................3SECTION 1-....................................................................................................................................3TASK 1............................................................................................................................................3a) Stating importance of the phrase Parliament is sovereignty and source of laws....................3b) Role of government in making law and application of statutory and common law in courtsystem..........................................................................................................................................4C) Defining impact that company law, employment laws and contract law have on thebusiness of a company using specific examples. .......................................................................5TASK 2............................................................................................................................................7Presenting different types of business organisation....................................................................7Difference between incorporated and unincorporated business organization on basis of theirmanagement and funding............................................................................................................8Advantages and disadvantages of partnership and company......................................................9SECTION 2......................................................................................................................................9CASE 1............................................................................................................................................9Presenting lelga advise to Champion Ltd for resolving the issue with its creditors...................9CASE 2..........................................................................................................................................10CONCLUSION..............................................................................................................................12REFERENCES..............................................................................................................................14
INTRODUCTIONBusiness law is that bank under the legal system of UK which defines and lays downsthe laws and legal statutes to run and operate the business form their incorporation till their legalending. Under the ambit of business laws falls various laws including employment, equality,health and safety, competition, consumer, contract, company law and others. In the present reportthe detailed information related with the legal system of UK is discussed. This includespresentation of parliament sovereignty in UK and the course through which laws are made in thenation. Apart from this the process of making law is outlined along with defining application ofcommon and statutory law in courts of UK. Also, usage of contract, employment, and companylaw over the business organization is defined along with presenting variation between legislation,standards and regulations over the business and firms. Furthermore, different types oforganization formations are explained with their difference and advantages and disadvantages.Moreover, in section 2 of the report, for two different business issues legal solutions is presentedwith the use of statute laws and case laws wherever application to resolve the problemeffectively.SECTION 1-TASK 1a) Stating importance of the phrase Parliament is sovereignty and source of lawsParliamentary Sovereignty:The parliament of the UK is the prime authority who can make a law for nation. Theparliament also have the power or change, amended or bring an end to the law. The laws aremade through parliamentary procedure of getting approval from house of common, house oflords and Her Highness (Craig, 2018). The parliament in UK is supremacy where all the decisionof making and ending all is vested solely to it. No other government or a political party have aright to raise a question over a law made by parliament. Also, the parliament can not pass a ruleto restrict changes in existing law which means that even parliament an also not overrule itsauthority of making , amending and ending a law. Thus it can be stated that parliament is thesupreme power in the UK.
The principle of parliamentary sovereignty states that parliament has unlimited andunrestricted power of making law. The monarch is not given an unilateral authority of makinglaw and courts cannot override the laws. The parliament is the main body which can make,eliminate or change he laws. This makes the parliament a supreme body which have a power tomake, change are made a law. Further, no parliament power is vested where a future power isrestricted to make or change the law. Also, no current parliaments have a boundation by the lawor precedents of earlier parliaments.Sources of Law:Act of parliament: is the major source of law where the statues are made is parliamentby following the procedure of getting approval form both houses of parliament and then from theQueen. The laws are made applicable with a compulsion in whole nation with same level ofunderstanding.Delegated legislation: is the one where power is vested to local authorities and publicbodied by the parliament to make law an over a particular matter regarding specific region orarea. The law is applicable to the area or community for which it is made.Case law: are the one where the ruling of previous cases are referred by judges in currentlawsuit (Geeand and Young, 2016). The decision of earlier case is binding and gets this statusthrough doctrine of judicial precedent.Eu law: is also a source of law of English legal system. Till present date UK is part ofEU so the directives and laws made for all the member nations EU are applicable to UK as well.In case of contradiction between EU ad UK law, always the EU law prevails.b) Role of government in making law and application of statutory and common law in courtsystemA draft legislation is submitted to cabinet minister by public authority over which a law isintended to be made. The minister check the relevance of the proposal and approves it beforepassing it to the parliament for consideration as a bill for approval or rejection by both the housesof parliament.A bill is submitted to either one out of two the houses (house of lords and hose ofcommon) of parliament and generally it is the house of commons. The bill is introduced wheretitle of bill is read out in first reading and matters in the bill are disclosed. The bill is referred tosecond reading and here principles of bill are discussed and voting is done over continuation of
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