Business Ethics and Law in Practice

This assignment delves into various topics related to business ethics, law, and corporate social responsibility. It features a collection of references from books and journals, covering key issues in business English major applications, corporates and other business enterprises, human rights due diligence, and more. The summary includes specific details about the construction of business English majors, influence of overseas business associations on law-making, study habits of Russian business students, and the impact of lecture capture on student performance.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
LO 1 Basic role of legal system..................................................................................................1
LO 2 Elements of legal binding and key consumer legislation in the enterprise........................2
LO 3 Nature of registered company and roles of directors of the company...............................2
LO 4 ADR...................................................................................................................................4
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Business law consider several rules and regulations that need to follow by the business.
This is because, it considered activities to maintain safety of operations against loss. Hence,
valuable information need to implement to develop effective results (Loafman and Altman,
2014). In this context, present report based on the Business Futures Ltd. which is business
consultant firm. They have mission to start their own venture so that they need to follow some
regulations and policies as well. In order to focus on the present report, it covers role of legal
system with government and different source of law. Furthermore, it focuses on the key
consumer legislation in the market.
MAIN BODY
LO 1 Basic role of legal system
In order to regulate business operations, Business furniture need to implement different
kinds of law. These could be applied in the company to regulate and implement systematic
results. They are as follows: Common Law: This is one of the important law which determine in UK and follow by
Business Furniture. With this regard, justice determines to solve issues and problems in
efficient consideration. Beside this, common law also carry to handle general issues of
the country which need to take to protect business environment (Crane and Matten,
2016). Employment Law: Business Furniture need to focus on the Employment Right Act 1996
which consider different legislation and rules. It considers amendments to solve issues
and problems. Furthermore, employer has duty to provide proper salary, payment, etc.
benefits to their staff members (Brown and Nagy, 2015). Statutory Law: This law deal to solve different conflict which implement to attain with
legislation. In this regard, several tools consider which help to provide justice to people.
It is important aspect that helps to maintained effectiveness in the enterprise (Picciotto
and Mayne, 2016).
 Contract Law: Moreover, it includes rules and regulations which helps to consider
contract law among the parties. Therefore, contractual agreements consider with promises
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in Business Furniture. Contract law also considered amendment to accomplish goals and
objectives as well.
The above laws consider by UK government. Therefore, they play effective role to
maintain sustainability and attain welfare program for businesses. For instance, it depicts
legislation which is related with the local council, education, healthcare, etc. (André, 2015). Role
of government can be determines in the following aspect: Represent interest of citizen: Government of the UK consider different rules and
regulations to maintain welfare of the public. In this aspect, interest of people need to
generate which identified and influence the Business Furniture. It assists to determine
working pattern of the nation to focus on the regulations and creativity (Trevino and
Nelson, 2016). Laws passing: Moreover, laws are also carried by government of UK to create and
maintain welfare of the country. Therefore, it assists to create effectiveness in the country
as well. Laws are considered relationships with civil cases, protection towards the crime
as well. Along with this, validation also take approval with legal provision towards
Business Furniture (Terry, Macy and Sanders, 2015).
 Monitoring on the actions: Government of the country take monitoring on the operations
to make it effective. In this aspect, administration and development activities needed to
make high growth at Business Furniture (Westin and Ruebhausen, 2015).
LO 2 Elements of legal binding and key consumer legislation in the enterprise
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Elements make legally binding up agreement
Elements that must be essentials to make a legal agreement are :-
1) Offer
2) Acceptance
3) Consideration
4) mutuality of obligation
5) competency and capacity
6) Signature
OFFER:- for binding up of any contract, offer is a first element in this process. An offer is a
promise to act something between two parties. This act may be performed in present or future.
As an example:- a construction contractor contract to build a house in exchange of amount of
money. This is an offer between two parties (Ludlum, Moskalionov and Stephenson, 2015).
ACCEPTANCE :- this is the second main essential part of this process. In this process, one
party accepts an offer which is presented by other party. For this, all the terms and conditions of
the contract would be cleared and accepted or agreed. If any party wants changes in the contract,
then original contract must be renegotiated.
CONSIDERATION :- this is the third main part of this process. Consideration means what will
be exchanged between two parties i.e. offerer and offeree. Consideration may be in kind of
1) Good for money
2) Services for money
3) Goods for goods
4) Services for services (Hui and Chan, 2016).
Consideration is important element for binding up any agreement. Which is regarding price or
terms of payment. Both parties have to know that what will be the authorities and responsibilities
regarding to the contract (Bartlett, Rhode and Grossman, 2016).
MUTUALITY OF OBLIGATION :- this is the next step in this process. This is related to
consideration. In this process both parties are bounded to perform their task. The parties can be
cancel the contract or to perform but within the term and conditions.

COMPETENCY AND CAPACITY :- when two peoples comes together within a contract,
then they get authorities and responsibilities both to perform their action. When party does not
understand any term of contract or consequences of agreement then law treats that party as a
lacking mental capacity (FANG, 2017).
SIGNATURE :- signature is the last part of the contract. It is necessary for both parties. If any
party want to provide prof or evidence than it will be easy to show. If there is need to claim
outstanding payments, it helps to proven because of the written record.
KEY CONSUMER LEGISLATION :-
Consumer legislation act provide protections to the consumers. This act is applicable on all types
of retailers either distance contracts or off premises contracts. Distance contracts means using the
internet or other sources of communication (Hazen, Markham and Coyle, 2016). Consumer
legislation gives protection to consumers from misleading or prohibited practices.
The impact of key consumer legislation are as follows :-
1) Pricing :- comparison to a former price or to competitor's price.
2) Additional concern
there are some acts under consumer legislation which affect a business :
Consumer protection act 2007 :- it gives protection to the consumers in varieties of measures.
This act provide information about misleading practice or prohibits traders.
Consumer rights directive :- this act came into force in 2014. This act helps consumer when
they are on premises or off premises or on distance contracts. Distance contracts means a
contract done over the phone or online. In this act consumer get these opportunities :
1) consumer can claim for refund within 14 days
2) consumer can get technical protection (Trevino and Nelson, 2016).
3) consumer can get cost of returning good
Price display regulations :- this act gives the power to make price in a specific manner which is
going to be displayed .
LO 3 Nature of registered company and roles of directors of the company
In order to look upon the functions and operations of Country to deal with the different
functions and operations. In this aspect, different methods could be applied to set new business
and develop effective consideration. In this regard, Country Pine has following nature:
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 Separate legal entity: The selected business is incorporated under the law so that
company becomes separate legal entity. It is different from its members because it has its
own seal, liabilities and assets. This is capable to owing property, incurring debt,
borrowing money, etc. (McCORQUODALE, Lise and Brooks, 2017). In addition to this,
Country Pine is also able to consider their own operations with borrowing money, having
bank account, employing people, etc. It is important to the business with separate entity. Limited liability: Liability of the members in the business is limited to consider
contribution in the assets of business. Member is liable to pay only uncalled money
which is due to shares. Liabilities are also exceeds with the assets so that it is created
limited (Bently and Sherman, 2014). Beside this, partnership have considered unlimited
liability which is adequate to pay the firm. Creditors also force to the partners to make
good deficit from the personal assets. It cannot be done in case of the enterprise to paid
duties towards it. Perpetual succession: Every business cannot be die unless if it is wound up and formed
completed by the court. Membership in the nation also keep changes from time to time
which could not create any impact which affect to the existence of the business (Bartlett,
Rhode and Grossman, 2016). However, if the Country Pine any death or insolvency of
any member occurs, it not created existence of the company. Separate property: Furthermore, company possess distinct legal entity because it has its
own property. Member cannot claim to owner of the business property during the
existence of Country Pine.
 Common seal: Country Pine is artificial person which has not any physical presence. As
results, it acts with board of directors which carrying activities and entering in different
agreements. In addition to this, contracts are also carried with under the seal of business.
Common seal if official signature which includes name of the business as well (Ludlum,
Moskalionov and Stephenson, 2015). Document is not bear which accepted as the
authentic and not consider under the common seal.
In addition to this, director possess their effective part and role to attain effective results
and outcomes in the Country Pine. In this way, following are certain roles describe that assist to
develop creative results in the chosen business:
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 Act within powers: Every successful director need to consider and act within powers in
every company situations. In this regard, exercise powers with purposes which given in
particular situations. In the constitution of the business, article of associations and
resolution implemented with the agreements. Hence, in Country Pine consider their part.
For instance, its include shareholders and joint venture agreements (Trevino and Nelson,
2016).
 Promote successful in the enterprise: Furthermore, director also promote the success
with good faith and it is most likely to make creative results. Therefore, success could be
generated to increase long term course of actions. In respect to consider most likely
outcomes, it is important to implement legislation states which involves consequences in
decisions with long term goals (Terry, Macy and Sanders, 2015).
 Exercise independently with judgement: In addition to this, director must need to
cooperate with independent judgement and exercise that assists to make own decisions. It
does not prevent from the acting in accordance with company constitution or an
agreement where the company entered.
 Implement skills and diligence: Exercise also develop reasonable skills and care, so that
it requires general knowledge, skills and experience as well. It is expected to carry
functions in relation to the company. There are knowledge, skills and experience possess
by director to develop systematic work (Loafman and Altman, 2014).
 Avoid conflict of interest: In respect to this, it is important for director to look upon the
interest of company. It applies to exploitation of anything that needed with information
and opportunities to take advantages in the business. Along with this, director of Country
Pine need to ask about the multiple directorship, advisory points, etc.
LO 4 ADR
In the present case of Country Pine who import timber from Poland. In this way,
commercial aspects looked to solve issues and problems of the business. With this regard, mainly
situations handle with implement Arbitration Dispute Resolution. It denotes as the conflict
management approach which assists to solve issue of the enterprise. Among two parties, disputes
could be resolve in following aspect:
ADR: Arbitration Dispute Resolution is the effective method that used to carry functions
and diminish conflicts as well. It assists to handle issue of flat backs which contained with
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defects. However, there is no legal boundaries and restrictions to consider solution for the issues
and problems. Consideration generally made by the other party so that following advantages
implemented in Country Pine:
 In less time decisions could be take easily in the court.
 Language also used with carrying solution for issues in effective manner.
 Arbitration also implemented for conflict management with ADR approach.
 Rules in arbitration requires which help to consider proper solution.
In this regard, it can be stated that conflict could be manage through focus on the solution
towards this issue and problem. Between two parties, contract has been considered to implement
solution with legal system. With implement different activities, it could be develop in the
enterprise to undertake effective results. Sometimes it is also known as Appropriate Dispute
resolution with set approaches and techniques. It covers party to party engagement to reach
mutually with solution. ADR approach consider practices and procedure with judicial system.
Hence, judge decide to prefer alternative operations which could assists to involve party in the
solution (ALTERNATIVE DISPUTE RESOLUTION APPROACHES AND THEIR
APPLICATION IN WATER MANAGEMENT: A FOCUS ON NEGOTIATION, MEDIATION
AND CONSENSUS BUILDING, 2018). In addition to this, there are three categories
implemented to resolve conflicts:
 Tactical and strategic barriers also considered with putting efforts to maximise and long
term gains.
 Furthermore, psychological barriers determines with the stem from differences in social
identity, fear, needs, values, etc.
 Organisational. Institutional and structural barriers can disrupt transfer of information and
prevent leaders.
Third party intervention is generally used when negotiation reaches an impasse. It is
generally used to restore belief with possibility and beneficial resolution for the parties. It assists
to carry relationships while leaving the control over the decisions. In the international
organisation, mediator attempt the parties to understand and agreed solution of conflict (Ludlum,
Moskalionov and Stephenson, 2015).
Negotiation: It is the process which is most commonly used to solve disputes. In this
regard, disputants retain control over the outcomes and results. As results, it is vital and
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pervasive process which is primarily considered common mean to make secure expectations
from other. It is the form of communication which designed to reach towards the agreements
where two parties meet with certain interest which shared with opposed. It is the communication
process which used to deal with the conflict solution activities. It is voluntary and non-binding
process that carry by parties to attain desired outcomes (Bartlett, Rhode and Grossman, 2016).
CONCLUSION
From the above report, it can be concluded that business law consider different rules and
regulations which essentially followed to focus on the effective functioning. In this way,
relationships between different people need to maintained to attain growth and overall creativity
as well. Furthermore, it summarized about the nature of enterprise and director role to carry
successful consideration in it. With the help of focusing, it can be determines that it develop
systematic work performances at workplace. Moreover, in Country Pine ADR implemented as
alternative solution to focus on the creative results at workplace. In addition to this, it is
articulated about the situations which carried to make connection with partner and systematic
work performances.
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REFERENCES
Books and Journals
André, R., 2015. Benefit corporations at a crossroads: As lawyers weigh in, companies weigh
their options. Business Horizons, 58(3), pp.243-252.
Bartlett, K.T., Rhode, D.L. and Grossman, J.L., 2016. Gender and law: Theory, doctrine,
commentary. Wolters Kluwer Law & Business.
Bently, L. and Sherman, B., 2014. Intellectual property law. Oxford University Press, USA.
Brown, E.J. and Nagy, P.F., 2015. That's not fair! Clarifying copyright and trademark fair use for
business managers. Business Horizons, 58(1), pp.17-24.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
FANG, Q.Q., 2017. Key Issues About the Construction of Business English Major in
Application-oriented College. DEStech Transactions on Economics, Business and
Management, (icem).
Hazen, T.L., Markham, J.W. and Coyle, J.F., 2016. Corporations and Other Business
Enterprises: Cases and Materials. West Academic.
Hui, E.S.I. and Chan, C.K.C., 2016. The influence of overseas business associations on law-
making in China: A case study. The China Quarterly, 225, pp.145-168.
Loafman, L. and Altman, B.W., 2014. Going online: Building your business law course using the
Quality Matters Rubric. Journal of Legal Studies Education, 31(1), pp.21-54.
Ludlum, M., Moskalionov, S. and Stephenson, M., 2015. Study Habits Of Russian Business
Students. Global Education Journal, 2015(2).
McCORQUODALE, R., Lise, S.M.I.T. and Brooks, R., 2017. Human Rights Due Diligence in
Law and Practice: Good Practices and Challenges for Business Enterprises §. Business
and Human Rights Journal, 2(2), pp.195-224.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
Terry, N., Macy, A. and Sanders, G., 2015. The impact of lecture capture on student performance
in business courses. Journal of College Teaching & Learning (Online), 12(1), p.65.
Trevino, L.K. and Nelson, K.A., 2016. Managing business ethics: Straight talk about how to do
it right. John Wiley & Sons.
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Westin, A.F. and Ruebhausen, O.M., 2015. Privacy and freedom. Ig Publishing.
Online
ALTERNATIVE DISPUTE RESOLUTION APPROACHES AND THEIR APPLICATION IN
WATER MANAGEMENT: A FOCUS ON NEGOTIATION, MEDIATION AND
CONSENSUS BUILDING, 2018. [Online] Available through:
<http://www.un.org/waterforlifedecade/water_cooperation_2013/pdf/adr_background_p
aper.pdf>.
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