Business Law and Ethics Assignment

The Business Law and Ethics assignment covers a range of topics including business ethics, corporate citizenship, sustainability in globalization, and dispute settlement. The assignment includes references from various sources such as journals, books, and online articles. It provides an opportunity to assess the perceptions of Arab and Chaldean business owners towards public officials and law enforcement. Additionally, it touches upon private ordering of exit in limited liability companies, dispute resolution, and teaching business law from literature. The assignment is suitable for students seeking to understand the complexities of business ethics and law.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................2
P1) Structure of the English legal system and different resources of laws ................................2
P2) Role of government in law-making......................................................................................4
M1) The effectiveness of the legal system in terms of recent reforms and developments.........4
D1) Critical evaluation of English legal system and law............................................................5
TASK 2............................................................................................................................................5
P3) Description of employer's legal obligations and impact of law on business organisation...5
M2) Differentiate and analysis the potential impact of regulations, legislation and standards. .7
TASK 3............................................................................................................................................7
P4) Suggestion for appropriate legal solution of various problems............................................7
P5) Provide justification for the solution by using appropriate case..........................................8
M3) Positive and negative impacts of legal solutions to the business problems........................9
TASK 4............................................................................................................................................9
M4) Compare and contrast the effectiveness of two recommendations.....................................9
D2) Critically review and evaluate the use of appropriate legal solutions in comparison with
alternative legal advice..............................................................................................................10
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................12
Illustration Index
Illustration 1: English Legal system................................................................................................2

INTRODUCTION
Business law includes all those legal rules and regulations which help to establishes new
business in a new market. It is helpful for the enterprise to organize itself as per the country's
government law of in which company deal (Ward, 2016.). All these kind of juridical framework,
provide guidance to the firm that how to start, manage and sale different types of commodities. It
is essential for every kind of organisation because it is related to the federal laws. Thus, every
concern required to follow the legal rules for achieving their goals. The present report describes
the English legal system and sources which is essential for every types business to comply its
operations. It also explain the role of government and statutory bodies in law-making process. By
analysing the impact law and legal obligation on business concern, this report will achieve the
criteria of workers compensation, equal opportunities etc. Furthermore, it also suggest
appropriate legal solutions which are arsing in business problem. It also provide justification to
resolve all these kinds of problems.
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TASK 1
P1) Structure of the English legal system and different resources of laws
Illustration 1: English Legal system
(Source: law uk , 2106)
Structure of English Legal System: It is a common law of legal system which was
propounded by England and Wales. It is divided into two parts: One is Criminal law and Second
is Civil law.
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Criminal and Civil Law: Criminal law is a kind of legal rule which deals with wrong and
fraudulent activities. On the other hand, civil law covers every action and parties which can be
sue for the compensation. Both of two l laws are used differently and it deal in separate
terminology.
Public and Private Law: Private law is also a main part of English legal system, in which
they can handle all the disputes which are related to the individual parties. For example: Case of
injuries, accidents are covered in this kind of law. Whereas, Public law is a collection of all the
legal principles which are governed by the legal authority.
English Court system: It consists magistrate court, county court, crown court, high
court, court of appeal and supreme court. In which, only crown court is able to hear only
criminal cases but rest of other will hear both criminal and civil cases. There are different types
of sources of legal rules and regulations which are required for every kind of organisation. These
are as follows:
Legislation/Statutes: It is an essential sources which are enacted by the UK parliament. It
covers insurance act, Contact law, Health ad Safety Workplace act, Companies Act etc.
Common law or Judicial Precedents: It is governed by the English courts which consists
large number of sates principles related to the different cases (Ware, 2016).
European Union Law: This type of law is governed by the EU law. It operates all the
organisational activities, which are as follows:
Company law: It Includes all those legal rules and regulation by which business can
operate its activity. By using this, firm can determine all the actions which is related to the legal
framework.
Contract law: It shows the relationship between government and business by which a
firm can take effective action as per the legal rules which are framed by the government. While
operating an activity, every business should comply the rules which is prescribed as per the
business law.
Employment law: This legislation is related to the employees and employers relationship
in regards with the employment. It considers all the rules which provide health, safety and
security to the employees at workplace.
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P2) Role of government in law-making
In UK, government plays a vital role to develop various kinds of laws. In respect to this,
they require large number of participants so that all laws are framed as per the prescribed time.
While performing the process, government plays an important role by it ensures the restriction in
participation for development of proposal. To develop the society and make effective changes in
them, government make various law and legislation. It can be said that, legal authorities have
complete right for framing the rules and regulations which is beneficial for the business as well
as society. While making development in club, various kinds of legal authority is working in the
country. In respect to this, firstly they will understand and collect all the issues which are faced
by the people. All these types of issues are known as proposal which is passed to parliament with
the help of minister. They can do so that all the issues which are in form of bill are regulated for
the development of society and business. This type of governmental activity is known as
secondary legislation because it is a part of law (Campbell and Boothby, 2016).
The status and common law of a nation determines the application in justice and rights/
obligations of parties that are engaged in a particular cases. Legislation are considered as a main
law which deprived by the parliament so that such rules and law can regulate various aspects of
society. They act as natural and artificial person while making decision, which are based on such
parameters which provide various kinds of provision of employment to the employers. On
interpreting such law, verification is done so that it increase the liability of a person for a specific
action. On the other side, in case of breach of contract, such agreement are call for a particular
provisions on the contract act.
M1) The effectiveness of the legal system in terms of recent reforms and developments
Legal system plays an important role by generating confidence in a complete business
cycle in terms of recent reforms and development. By taking appropriate decision regarding the
business at right time, it helps to improve the efficiency of justice system. While choosing
effective investment decisions, company can analysis the risks which is related to the
commercial activities, taxation policy etc. By analysing the economic performance quality of
juridical system will be improved. In respect to this, all the juridical members are appointed to
handle all kinds of disputes and handler the conflicts which are faced by the business. Effective
use of jurisdictions process and collecting relevant information help to improve the quality level
of legal system. For example: ICT training are provided by the judges so that they can
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understand and analysis the case. It helps to monitoring each and every activity which are
performed by the judges (Townshend, 2013).
D1) Critical evaluation of English legal system and law
English legal system is wide legislation system which make its presence in New Zeeland,
Australia, USA and Canada. This system is the mixture of civil as well as criminal laws. It can
be said the English legal law is the biggest law which handle or deal in different countries by
taking large number of cases. The main things in this legislation is that this law is framed by the
judges who were sitting in a court and make effective judgement in different cases. In addition to
this, Supreme court is one of the biggest court of UK, which binds all the various activity which
are performed by the other courts. In this system, some rules are framed in order to the
development of people which is suffered from common issues. These kinds of issues are taken
under the common law. In this, various cases are related with the past event so that it necessary
in the common law that people must contain the past records of each activities. For examples: To
kill someone is a part of common law. In this murder of person is applied by the act of
parliament. Furthermore, statutory law consists of old Irish parliament, orders of ministers etc. In
addition to this, English legal system mainly focus on criminal and civil law. On the other hand,
it will consist family law which is related to the family protection. Criminal law which are
framed against any kinds of fraudulent activities. Administrative law which is related to the
control on business operational work (Taylor, Tarr and Asher, 2016).
TASK 2
P3) Description of employer's legal obligations and impact of law on business organisation
Employee's legal obligation: It includes all the rights of employees which provide
safety and security while working at a workplace. These kinds of rights are clearly mentioned in
the employment legislation which are essential for every workers to be familiar with their
responsibilities. These are as follows:
Occupational Health and Safety: This kind of legal obligation provide safety ans security
of employee's health. It provides welfare safety so that workers can work in an effective manner.
By protecting the staff members from physical hazards, virus and any kind of other uncertain
events, this rules are passed by the parliament. It included various types of hazards such as
biological hazards like health problems which are faced by the employees. On the other hand,
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chemical hazards like issues which is generated from chemical work etc. are examples by which
government need to protect the employees. As per the law of jurisdictions, it is duty of
employers to provide special care and security to their employees (Sprague, 2016).
Workers compensation: It refers to all the benefits which are provided to the employees
by the seniors. For example: Wages, bonus, salary, incentives and other facilities are the part of
compensation. It can provide in the form of medical benefits, wage replacement, hospital facility
to injured workers etc. in an organisation. Regarding this, various kind of law and rules are
framed so that it will provide fairly compensation to the employee in an organisation.
Harassment: It is a duty for every employers to provide safety and security to the
employees from the harassment at the workplace. It may be physical as well as mental touchers
which employees face in the organisation. In respect to this, there are some legislation is passed
to provide security to the employees. For example: There are various laws are framed which
provide safety to the women employees members at a workplace.
Equal opportunities: It is essential for every business to provide equal opportunities to
their employees. Here, equality in the form of age, gender, religion etc. There are many law
passed to provide equality such as Age discrimination in Employment Act 1997, which protect
the interest of those people which is above 40 age, In addition to this, American with Disability
Act 1990 was framed which provide equality for disabled person in a workplace (Pryor, 2016).
Impact of law in business: As per the given case study of 16 year old girl which faced
an accident while working in a business. Her hand was fall in fryer which contain oil with the
temperature of 360 degree F. In this case, she suffered from the hand injury that her left hand
was burned and she was not in position to continue their work. In this situation, Occupation
Health and Safety act will be regulated which provide health safety to the employees. According
to this act, girl have a right to receive compensation due to this incident. She also liable to get
health benefit by claim the amount in her insurance policy. Thus, theses act affect the business
operational activities because every enterprises is liable to provide safety of every workers who
work in their organisation.
M2) Differentiate and analysis the potential impact of regulations, legislation and standards
The present scenario shows that a 16 year old girl faced hazards while working in a
business. In this case, it is the legal responsibilities of an employer to provide safety by giving
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compensation to her. According to Health and Safety at Work etc. Act 1974, it was the
responsibilities of every employers to protect their employees from any uncertain events. In
addition to this, girl is liable to get compensation and hospital facility so that she can overcome
this risk with the help of legal rules. On the other hand, several acts also passed such as
Management of Health and Safety at Work Regulation 1999, Workplace Regulation 1992,
Health and Safety (Display Screen Equipment) regulations 1992 etc. (Mentzelopoulos,
Mantzanas, Van Belle and Nichol, 2015).
TASK 3
P4) Suggestion for appropriate legal solution of various problems
In the first case of Calvin, who work as a designer in a fashion house. He gives his 4
years services to a firm. While working in a business, he was suspected by his senior Donna that
he was stolen £100 in a cash box. In addition to this, Donna terminated him without giving him
any kind of notice. It was found that while Donna enter into the cash box room, two employees
were also their with Calvin. In this case, Calvin has a right to claim against the unfair dismissal
and wrongful dismissal act.
According to wrongful dismissal, employers have a right to terminate their employees
without giving any prior notice or before completion of their employment term. On the other
hand, unfair dismissal refers when employee will be terminated without having any valid reason.
Thus, Calvin has a right to claim against the wrongful dismissal because he was terminated by
Donna without giving him any prior notice. He can also claim under the unfair dismissal act, in
which Donna has no valid proof. It can be said that, she has no right to terminate Calvin because
she has not contained any kind of proof which shows the Calvin guilty. Hence, as per the both
rules, he has a right to get the compensation from the business (Mason, 2016).
As per the second case of Dan, who is owner of a small business. He has suffered the loss
because his shop was burned by fire. In order to this, he also establishes a new store in another
place. In this time, he makes an insurance policy so that he has protected his business due to
some uncertain loss (Light, 2016). After some time, his shop was destroyed by fire again. In this
time, he went to insurance company to claim the amount of loss. Insurance company refuse to
pay the claim amount to him. In this condition, Dan has to claim against the insurance company
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in respect of Contact act 1950 under the section of 26. He also has a right to claim under the
Sales of Goods Act 1979, so that he can get his claim amount back.
P5) Provide justification for the solution by using appropriate case
As per the above detailed case of Calvin, he is liable to claim against the business
because of wrongful dismal by his senior. As per the unfair and wrongful dismissal act, he can
sue the case because he gave his 4 to 5 years with his loyalty and Donna does not take any kind
of valid proof which against him. He also has a right to get compensation amount because he was
loyal with his work. Another reason is that, at the time Donna came there were four employees
also presented near the cash box. In this case, Donna has no right to terminate him without
having any valid proof (Lieberman, 2016).
According to unfair dismissal act, employers can terminate their employees because of
incompetency of working. But in this case, Calvin is a competent person who gave his 4 to 5
years of service. Thus, without any proof she is not able to terminate him. Hence, he is liable to
get the job again and receive the amount as a compensation from the business. For instance:
Rukeya is employees of Sunrise fashion store, which are terminated by the seniors. According to
her boss, she was found misconducting in operational activity. On the other hand, boss of the
store does not have any legal proof. I n this case she sued against the company as per the
Contract act 1950 and get the amount of compensation back.
The second case present the condition of Dan, which make claim against the insurance
company because company refuse to pay the claim amount to him. It is done so because while
making a policy with Dan, company owner had asked to him that in past he has any kind of
policy or not. Dan also refuse in this condition and found guilty in the second time. Hence,
company refuse to pay the amount. It was the company's mistake because it can not make proper
record of each agreement so that Dan in condition is liable top get the claim amount. In addition
to this, he gets only agreed amount because he was also found guilty (Labatt and Forrest, 2016).
M3) Positive and negative impacts of legal solutions to the business problems
Business problem is refers to all those troubles and issues which are generated from the
operational activity. It may be in the form of hazards, events which are not determined in
present, turnover of employees etc. All these factors make negative impact in the business
growth. In respect to this, to protect the business, legislation plays an important to make balance
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of their growth of a firm. In according to this, governance and legal authorises develop several
laws to resolve all these issues which are faced by the owner of a firm. On the other hand, by
implementing the legal rules and policies, it will make positive as well as negative impact in the
business activity (Kitagawa, 2016). These are:
Positive Impact
 Legal rules are developed for the welfare of the employees so that it help to reduce the
employees turnover in a business.
 It provides control in the business operations.
 It is beneficial for the business because by implementing the legal rules stress will be cut
down in an organisation.
 Legal solution enhance the positive attitude in employees so that it is useful for maintain
the good relationship between employers and employees.
 By using new rules as per governed by the legal authority will create a innovative
techniques in a business.
Negative Impact
 Legal rules and policies make burden in the business so that it decreases the level of
production.
 There will be a chance of violence in an organisation (Gomtsian, 2016).
 Create demotivation in the mind of employees because this make great pressure in the
employees.
TASK 4
a) benefits of alternative dispute resolution
A dispute can also be solved without trial. The parties in the dispute can use alternative
dispute resolution to find a solution to the dispute matter.
 Lower cost : during litigation several depositions and gathering of evidences and
preparing of documents is needed which costs too much money and time to the company.
Also, when the company is facing trial, it can't focus on the business which leads to loss.
The alternative dispute resolution decrease the cost by swift and efficient solution.
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 Faster and more flexible : The trials takes years to get over and find a solution whereas
the ADR provide a quicker solution to the problem. Also, they are more flexible as the
parties can schedule a ADR according to their time.
 Confidential : In the process of litigation the result of the problem is a public record,
where as in the case ADR the solution is kept confidential and public record exists of the
negotiations between the parties.
 Cooperative negotiations : The negotiations made with are private and cooperative which
give the parties to the dispute to keep their relationships as intact. The process allows the
parties to reach to a solution by getting to the core of the problem.
b) Recommend alternative legal solution :
Antwon and Tyrell can use ADR to reach a solution to their problem. With the services
of arbitrator or mediator the two parties will be able to depose the situation and also maintain
their business relationship. Arbitrators resolve the conflict by cooperative negotiations between
the companies which will help them to come to a solution without damaging their business
relations. They will be able to reach to a solution quickly and carry on with their respective
businesses. Also, the image of the business will not be damaged as the negotiations are private
and confidential in the process of ADR.
M4) Compare and contrast the effectiveness of two recommendations
Alternative dispute resolution is kind of practise in which person can revolves their issues
with the help of mediation, arbitration, neutral evaluation and collaborative law. The present case
of Antwon and Tyrell, both are used collaborative law or mediation procedures to resolve their
issues. By using these strategies, they found that it is useful for the business internally and
externally. There are another reason is that by using the informal way of collecting data is
effective to solve the disputes (Crichlow and McGarrell, 2016). They also analysed that to
handling the disputes person need specific skills and knowledge so that it will increase the level
of performance. There are several similarities and dis-similarity which include following
opinions:
 Delivering the respect
 Giving explanation with effective listening
 Helps to develop and determine the new options
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 Analysing and communicating the different patterns issues
D2) Critically review and evaluate the use of appropriate legal solutions in comparison with
alternative legal advice
Present scenario presents the various legal solutions and alternative legal advice which
help the employees to work effectively as per the legal rules and regulation. As per the legal
advice, it helps the employees to work freely and feel safe in an organisation by using Health and
safety act. It also solves the issues of creativity because by using the legal solutions, it enhances
the productivity of employees and organisation. Legal solution also render workers safety against
the harassment in the workplace. All the statute law gives the equivalent occupation chance to
their worker (Crane and Matten, 2016). Whereas, in the other hand all the add-on proposal assist
to settle down the conflict in a geographic point and also make great human relationship between
employer or employees, partners etc.
CONCLUSION
As per the above, it has been concluded that business law includes all kinds of legal rules
and regulations by which business can establish itself effectively. It contains all the activities
which are performed by the government and legal authority by which they can provide guidance
on starting, selling and promoting their business in an appropriate way. This reports present the
legal structure of English law system which is mainly divided into criminal and civil law. It also
explained the various resources or factors which is essential for any organisation to develop their
operational activity. By using the various cases such as 16 year old girl case, it explained the
legal obligations which are essential for every business. Furthermore, it also explained the unfair
dismissal and wrongful dismissals with the help of Calvin case. At last, Dan case also presented
which describe the role of law and its impact such as positive and negative impact in the
business.
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REFERENCES
Journals and Books
Campbell, E. and Boothby, C., 2016. University law clinics as alternative business structures:
more questions than answers? Edited by Francis King. The Law Teacher. 50(1). pp.132-
137.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Crichlow, V. J. and McGarrell, E. F., 2016. Merchants in the Motor City: An Assessment of
Arab and Chaldean Business Owners' Perceptions toward Public Officials and Law
Enforcement. Criminology, Crim. Just. L & Soc'y. 17. p.1.
Gomtsian, S., 2016. Private Ordering of Exit in Limited Liability Companies: Theory and
Evidence from Business Organization Contracts. American Business Law Journal. 53(4).
pp.677-744.
Kitagawa, Z., 2016. Dispute Settlement (Vol. 5). Doing Business in Japan.
Labatt, J. and Forrest, M., 2016. Teaching Business Law from Literature: Lessons to Be Learned
from the Novel Mildred Pierce and the Road to Entrepreneurial Success. Journal of Legal
Studies Education. 33(2). pp.361-377.
Lieberman, J. and et. al., 2016. Business law and the legal environment.
Light, D. A., 2016. Effects of Charter Party Arbitration Clauses Under the New Turkish
Commercial Code. Journal of International Trade, Logistics and Law. 2(1). pp.21-26.
Mason, L., 2016. The Utility and Futility of ‘No Oral Variation’Clauses: When Commercial
Certainty Meets Party Autonomy. Business Law Review. 37(4). pp.134-135.
Mentzelopoulos, S. D., Mantzanas, M., Van Belle, G. and Nichol, G., 2015. Evolution of
European Union legislation on emergency research. Resuscitation. 91. pp.84-91.
Pryor, W., 2016. Alternative Dispute Resolution. SMU L. Rev. 2. pp.3-517.
Sprague, R., 2016. Editor's Corner: Frontiers in Employment Law. American Business Law
Journal. 53(3). pp.435-437.
Taylor, S., Tarr, J. A. and Asher, A., 2016. Australia's flawed Regulatory Impact Statement
(RIS) process. Australian Business Law Review. 44(5). pp.361-376.
Townshend, T. and et.al., 2013. How national legislation can help to solve climate change.
Nature Climate Change. 3(5). pp.430-432.
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Ward, M., 2016. What Can the Trunki Case Teach Us About Design Protection?. Business Law
Review. 37(5). pp.197-198.Mentzelopoulos, S. D., Mantzanas, M., Van Belle, G. and Nichol, G.,
2015. Evolution of European Union legislation on emergency research. Resuscitation. 91. pp.84-
91.
Ware, S., 2016. Principles of Alternative Dispute Resolution. West Academic.
Online
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[Accessed on 12 July 2017].
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