Business Law and Strategic Decision Making

This assignment delves into the intersection of business law and strategic decision-making. Students are required to analyze various case studies, demonstrating how legal principles influence corporate strategies. The emphasis is on understanding the legal ramifications of business decisions and their impact on organizational success.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of English legal system and different sources of laws...........................................1
P2 Role of government in law making and how statutory law is applied in justice courts........2
SECTION 2......................................................................................................................................4
P3(a)Employers legal obligation.................................................................................................4
(b) Impact of employment and contract law upon business........................................................5
SECTION 3......................................................................................................................................6
P4 Legal solutions for business problems...................................................................................6
P5 Justifications..........................................................................................................................8
SECTION 4......................................................................................................................................8
P6(a) Concept and benefit of using alternative dispute resolution process................................8
(b) Recommendation...................................................................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Laws and acts which are followed by various business to run their organization more
effectively is known as commercial law. All the acts are enacted and amended by legal bodies
with the consent of government or members of parliaments which plays a very eminent role in
decision making process. This report is going to classified into four equivalent parts for
describing the role of business laws in resolving problems which may face by various
entrepreneurs and employees while performing their business operations (Bagley and Dauchy,
2011). In additional, this assignment also highlighted eminent role of government in law making
as well as throw some lights on rights of employees which was granted by higher authority.
Apart from this, it also shows various solutions and ideas for organization to eliminate their
existing business issues or barriers so that they can attain their set target or objectives. At last,
this report also describe some alternative solutions to remove obstacles of businesses with the
help of impressive case study.
SECTION 1
P1 Structure of English legal system and different sources of laws
Another name of English lawful framework is an European legitimate framework which
is extended crosswise over national outskirts and connected with different foreign ventures to
maintain their business easily (Bagley, 2010). Essentially laws are rule or set of accepted rules
which is executed by administering bodies and considered by every small or vast association
while performing its business operations. According to government rules and regulation, laws
which is implemented by legal bodies must be followed by every member of nation because any
individuals tried to break the rule then strict action will be taken against them. In fact every
country form their personal legal structures and format by considering accurate informations or
data so that they get succeeded in protecting society from any exploitation. Primary intention of
laws is to make a domain free from any segregation and uniqueness with execution of an
alternate great approaches and also systems (Cheeseman and Garvey, 2014).
On as opposed to this, English lawful framework is likewise one of a compelling law
actualized by administration of U.K for setting a environment free from disparity. In extra,
structure of an English courts has been portrayed in a various levelled frame which is said
beneath :-
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Supreme court:- Another name of this law is house of lords and act as a leader of this
lawful structure which implies choices taken by supreme court is consider as a last. In this
manner other courts are tie with decision of predominant and it additionally consider as a most
highest English court.
After this, structure of hierarchy is further divided into two parts which is as follows:-
Civil law Criminal law
As per this law, statutory bodies are involved
in resolving conflicts between private parties
for example purchaser and marketer,
supervisors or subordinates, or any other legal
proceeding in which one party is going to sue
other party.
Main reason behind establishment of this law is
to punish criminals due to any crime for
example fraudulent activities, murder, etc. In
fact criminal law protect society from any
harmful affect which may influence whole
society.
In fact it is linked with personal authority as
well as solutions to remove issues.
This law is resulted with crimes and based on
crimes.
Aside from this, sources of law consider as its root which demonstrates the introduction
of different existing laws for instance global, national and provincial. Fundamentally this term
additionally characterize as a sovereign or a specific state from where it implement because of
some particular reasons (Crane and Matten, 2016). In this manner there are number of laws are
accessible which have distinctive starting point is specified underneath :-
Origin of Civil law :- It is established by administrative groups of UK parliament and
additionally developed parliaments. Fundamentally this law is predominantly consider as a
customary law in view of standards which was expressed in cases over the day and age.
Criminal law :- According to this, legitimate specialist is just managing criminal cases by
setting rules for arrests, examination, cross examination and so on.
P2 Role of government in law making and how statutory law is applied in justice courts
A bill is a consider as a law which was presented into parliament. At the point when
charge was discussed and after that it is embraced by each House of Parliament and that should
be gotten by Royal Assent (Czinkota, Ronkainen and Moffett, 2011). The administration bodies
should make or lead legitimate program as it a course of action of Bills and that should be ask by
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Parliament and that should be consider in the session. After that they have to set up a bill and the
gathering should do work with the right coordination by its game plan and furthermore area by
Parliament. Another key players in the division will be diverse experts which are tackling the
bill. It will driving open entryway for the methodologies in the bill and branches of the legal
guides. Representing bodies assumes an exceptionally prominent part while making plan of laws
and additionally execution of amazing acts which is received by various association to maintain
their business easily. Individuals from parliament is in charge of building different laws since
they have most extreme forces which is utilized by them to shield entire country from misuse and
crime. While introducing new policy initial step is to introduce the proposition before general
assembly to acquire assent of each individual from parliament. After that sound dialogue is going
in meeting place in which each individual have specialist to exhibit their perspectives and
suppositions towards specific plan. In this way exact data and information is gathered by lawful
bodies for effective decision making process by settling all the essential issues of a particular
motivation (DiMatteo, 2010).
Additionally, at first stage all the basic substance is displayed on a green paper then it has
been presented before parliament where there is a sound open deliberation is occurring for
talking about different valuable quality and shortcoming of a specific archive.
Aside from this a suitable procedure is setting up by following legitimate strides for
definite judgement which is said beneath :-
First reading :- First and prominent stride is to prepare a Xerox copy of tenets for
introducing every one of the duplicates before administrators which are obligated for basic
leadership process. In this way same record is going to talked about with each part who are a
piece of decisional method.
Second reading - In second stage, draft of an assembled data is additionally cleared up
and characterized again for better comprehension by all individual from parliament. It implies
parties which are associated with a discourse must have important insights about motivation on
which dialogue is occurring. In this manner it is fundamental for keeping the record of a report
for future reason (Foss and Knudsen, 2013).
Committee reading :- After considering all the essential focuses leaders survey the
prerequisite of act. In this progression they have to toss lights on results of a motivation and also
attempting to dissect its effect on entire society.
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Third stage :-:- Last and last stride is to make finish of above talked about arrangement
and strategy for authorizing it by considering different real statistical data points. Finally before
executing act duplicate of an archive has been exchanged starting with one chamber then onto
the next for endorsement.
Illustrious consent: In the better places of parliament ought to agree the diverse
convincing substance and in addition charges which is embraced by Queen and keeping in mind
that making and talking about on that this will progress toward becoming law.
Royal Assent: When in the both the houses both the gatherings are concur with a last and
last substance then this bill will be endorsed by Queen and afterwards it move toward becoming
law and ought to be take after all around (Grundfest, 2010).
Finally it has been comprehended that administering bodies assumes an extremely
essential part in institution of a viable represents shielding entire country from separation.
SECTION 2
P3(a)Employers legal obligation
There are numerous of laws are available which is enacted by legitimate experts for
different associations which greatly affect business because of its basic parts and duty towards
accomplishment of a venture. Different legitimate obligation which is considered by various
organizations is specified below:-
Occupational health and safety:- According to Health and security act, 1974 law an
association need to execute different safety efforts for welfare of the general population at
working environment. It implies administering bodies is a multidisciplinary field whose principle
point is to secure representatives and also people performing at workplace. Legitimate specialist
is primarily worried about executing different helpful well-being measures for making a sound
and secure surrounding at organization (Kinicki and Kreitner, 2012). Different health and safety
enterprises are established by consultative bodies for instance world health association, universal
work association and so on. Principle target of these foundations are described as follows :-
 Conduct an effective programs for enhancing well-being of a works.
 Execution of positive social atmosphere for improving the efficiency of a venture.
Workers compensation :- According to labourers pay act, 1987 law supports in keeping
up and additionally securing the privilege of staff members however it supplanted by Employer
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liability Act, 1880, it is a type of protection which is liable to give substitution of wage and
additionally surgical offices to their specialists at the time of any damage. Essentially legitimate
specialists are enacted different projects and organization whose fundamental point is to drive
diverse endeavours towards pay of labourers. People are one of a crucial asset because every
single activities and jobs are executed by them. Therefore additional advantages to their
representatives because remuneration is a privilege of every employees performing at a work
environment.
Harassment:- In this Harassment demonstration, 1997 commitments, lawful bodies gives
authority to representatives to assert association for any provocation if there is a happening at
working environment. In legitimate sense badgering is a negative conduct which irritates or
debilitate any people or specialists (Kitagawa, 2016). It implies that governing bodies has faith in
executing different plans and arrangements for shielding workers from misuse and segregation
on the premise of sex , sexual, shading, rank, group and so on. Fundamental point of a legislature
is to give square with chance to entire society.
Equal opportunities:- According to Equal insurance Act, 2010 standard different
business need to give measure up to opportunity to each representatives working at a work
environment. Along with this helpful laws are corrected by representing bodies to uphold
ventures towards evacuation of unfair arrangements which impact achievement of an
organization. In straightforward words government needs to elevate and create general society or
country by executing powerful strategies.
All these above terms assumes an extremely famous part in building up a domain free
from any legitimate issues or obstructions by upholding existing business towards appropriation
of previously mentioned strategies.
(b) Impact of employment and contract law upon business
As indicated by given situation work and contract law both greatly affect a business in
light of the fact that at the season of enlistment and choice of a meriting applicants an association
need to take after fitting method (Kubasek, Brennan and Browne, 20). Along these lines in given
case it has been comprehended that a young lady working for an undertaking is met with
mischance because of which she is confronting extreme agony and harm. It implies as indicated
by the law organization is at risk for everything and it is exceptionally irreplaceable to take strict
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against this mishap by executing different well-being measures for securing their current
representatives
In lawful sense association is in charge of shielding the strength of works at working
environment by influencing different successful techniques and in addition they to need to
receive laws of administering bodies. As per work and contract law there are number of
arrangements are accessible which is required for ensuring representatives which is specified
beneath :-
 Execution of different well-being measures or projects.
 Arrangement of specific and talented people for taking care of all security measures.
 Checking and assessing of existing plans and arrangements.
 Direct security programs.
Aside from this, in given situation it has been comprehended that after event of
occurrence an association will take prompt activities for actualizing basic and noteworthy
security measures for ensuring strength of workers (Mann and Roberts, 2011).
SECTION 3
P4 Legal solutions for business problems
There are number of authority which is established by advisory bodies for resolving
issues occurred in an enterprises. In fact these are consider as a rights of workers or employees
and if any organization is going to terminate their labours without any genuine reason then have
the right to file a case against them.
Day of occupation started When workers may claim
Before 6th April 2012 After finishing initial year of employment
After 6th April 2012 After 2 years of employment
As per business rejection act, 1996 uncalled for expulsion ought to be exhibit under the
segment 96 which defines that any enterprise does not have any authority to fire their staff
members without any reason or legal notice.
According to given case study Calvin is a designer employee in a very reputed
organization from last four years that is a fashion house. Suddenly, superiors of a Calvin comes
and he check the petty cash box of an enterprise where he identify that there is a instability in it.
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Therefore he thought that Calvin is liable for unbalance in cash balance. Thus because of that he
instantly terminate Calvin for fraudulent activity without explaining any genuine reason or legal
notice. According to the law supervisors of Calvin have done a wrongful act which is a case of
unfair dismissal in the eye of legal bodies. It means employer of fashion house discriminated
between their employees because instead of Calvin three employees are also working there but
they are not pointed by employer of an organization (Miller, 2015).
According to legal bodies Donna supervisors of Calvin requires to consider relevant
facts or particular rules and regulation before termination of their employees which is shown as
follows :-
 Initially, research programmes is required to conduct by decision maker for gathering
accurate information and evidences so that correct judgement will be taken by Donna
without any discrimination.
 After acquiring relevant facts and figures now its time for use some indispensable factors
such as previous recordings, balance sheet etc.
According to legal bodies if there is occurrence of termination process then an
organization need to follow appropriate steps and procedure so that rules amended by
government will not break. Therefore, it is indispensable for Donna to consider steps while firing
Calvin (Nichols, 2012). Along with this they also need to understand the norms, beliefs and
regulation of legitimate bodies so that in future they can easily resolve the business issues.
(ii)According to another case study it is viewed that because of fire in store of kelvin father
overall shop was damaged due to which he was facing a several problems and issues which may
effect their financial condition. After happening of this incident he is again established a another
shop without getting aware that he have already an insurance for same store. Therefore as per
law if damages are occurred due to fire and company have their insurance then owner of property
have right to claim for their losses (Law and Business, 2017). It means they can recover their
damages from insurance company. Therefore father of Kelvin father also have right to claim for
recovery if they there policy is valid and no expiration date. Whereas according to given
circumstances entrepreneur of an organization does not aware about duration of their insurance
policy which resulted in heavy loss and it may influence their financial condition. In fact
legitimate bodies have enacted number of laws and norms for preventing individuals of a country
from any damages and sudden disaster.
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P5 Justifications
Both the scenario are very much contrary from each other in every aspect and different
laws or norms are applied on scenario by considering essential facts and figures. As per first
contextual investigation there is a presence of unfair treatment of worker without considering
fundamental terms and conditions. In lawful sense it is exceptionally fundamental to consider
essential terms and states of dismissed and in addition legitimate reasons must be given by
organization before end process. Along these lines it has been comprehended that Calvin is
confronting a segregation issue at working environment which is not right in the eye of law.
Truth be told administration of an organization need to give exact illumination before expelling
representative (Posner, 2014).
Aside from this, in second contextual analysis it has been comprehended that there is a
non appearance of a particular span for guarantee. It implies proprietor of a store can without
much of a stretch interest for its claim because of strategy of a fire protection. As indicated by
law kelvin father have a privilege to guarantee for his misfortune and request their cash to recoup
their misfortune.
SECTION 4
P6(a) Concept and benefit of using alternative dispute resolution process
ADR is a proper procedure of settling clashes in between different gatherings with the
assistance of any outsider which act as a arbiter in the middle of the two parties. It is a legitimate
term which is exceptionally prominent for settling question for building up a serene situation of a
specific organization. Alternative dispute resolution process is an exceptionally expansive idea
which is for the most part executed by government for making a serene encompassing with the
assistance of particular and experienced people. This method is very much appropriate and
useful in removing barriers by considering three methods that is- Arbitration, conciliation and
mediation (Snyder and Deaux, 2012).
In fact this process is very much beneficial for organization in different manner for example-
 Clear all the hidden terms.
 Resolve issues without harming any party.
 Requires minimum capital.
 Consume minimum duration.
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(b) Recommendation
As indicated by given contextual analysis it has been comprehended that there is a
occurrence of fights and conflicts in between Antwon and Tyrell on the grounds that they are
working together for longer time-frame. It has been proposed that an association need to use
different options for settling their question between the two accomplices. ADR is a suitable
philosophy of settling clashes of the two gatherings by utilizing different procedures of this
technique which is said beneath :-
 Set up a sound arrangements between accomplices for eliminating obstructions of
misconception of gatherings.
 Presence of outsider act as a arbiter amongst them and attempting to clear all the basic
focuses.
 Data is secure and does not uncover before court.
Aside from this, ADR is especially valuable for settling different issues and obstacles
between both the parties cooperating (Spalding, 2011).
CONCLUSION
From the above report it can be summarized that commercial law plays a very eminent
role in running a business in fair way by considering relevant facts and figures. In fact this report
consist of essential laws, norms and beliefs which is enacted by legal bodies for protecting
employer and employees from any exploitation. Main motive of business law is to create a
surrounding free from any discrimination and crime. Apart from this, assignment also
highlighted ideas to resolve battles between two parties with the help of different scenarios.
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REFERENCES
Books and Journals
Bagley, C.E. and Dauchy, C.E., 2011.The entrepreneur's guide to business law. Nelson
Education.
Bagley, C.E., 2010. What's Law Got to Do With It?: Integrating Law and Strategy.American
Business Law Journal,47(4), pp.587-639.
Cheeseman, H.R. and Garvey, J.R., 2014.Business law. Pearson.
Crane, A. and Matten, D., 2016.Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Czinkota, M., Ronkainen, I.A. and Moffett, M.H., 2011.International business. Wiley.
DiMatteo, L.A., 2010. Strategic contracting: contract law as a source of competitive
advantage.American Business Law Journal,47(4), pp.727-794.
Foss, N.J. and Knudsen, C. eds., 2013.Towards a competence theory of the firm(Vol. 2).
Routledge.
Grundfest, J.A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law.The Business Lawyer, pp.361-394.
Kinicki, A. and Kreitner, R., 2012.Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Kitagawa, Z., 2016.Administrative Regulations(Vol. 4). Doing Business in Japan.
Kubasek, N.K., Brennan, B.A. and Browne, M.N., 2016.The legal environment of business: A
critical thinking approach. Pearson.
Mann, R.A. and Roberts, B.S., 2011.Smith and Roberson’s business law. Cengage Learning.
Miller, R.L., 2015.Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
Nichols, P.M., 2012. The business case for complying with bribery laws.American Business Law
Journal,49(2), pp.325-368.
Posner, R.A., 2014.Economic analysis of law. Wolters Kluwer Law & Business.
Snyder, M. and Deaux, K., 2012. Personality and social psychology. In The Oxford handbook of
personality and social psychology.
Spalding, A.B., 2011. The Irony of International Business Law: US Progressivism, China’s New
Laissez Faire, and Their Impact in the Developing World.
Online
Law and Business. 2017. Available through<http://hls.harvard.edu/dept/academics/programs-of-
study/law-and-business/>. [Accessed on 30th August 2017].
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