Business Law Report

This report examines the role of law in business operations, focusing on the UK legal system. It analyzes the sources of law, the government's role in enacting legislation, and the influence of contract and employment law on business expansion. The report also provides legal solutions for various business problems and recommends best practices for dispute resolution using ADR methods.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Sources of law........................................................................................................................1
P2 Role of government in enacting the law................................................................................2
TASK 2............................................................................................................................................3
P3 Influence of contract and employment law on business operations......................................3
TASK 3............................................................................................................................................4
P4 Provide legal solutions for various business problems..........................................................4
P5 Justification............................................................................................................................5
TASK 4............................................................................................................................................6
P6 Recommend best legal solutions as per region......................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................7

INTRODUCTION
Business law is consist of various norms, policies, rules and regulations which is
designed by legitimate bodies for running an organization in a smooth manner. Their main
motive is to prevent buyer and seller from wrongful activities (Scholes, 2015). In this growing
world number of companies are emerging at marketplace with distinct motives as well as getting
encouraged towards expansion process due to the maximization in consumer demand. Country
Pine is a sole trader involved in designing creative furniture and their funds is also increasing
which shows that firm is easily attaining their set targets in a defined time frame. Therefore,
assignment is focussing on various laws and its origin by understanding distinct situations as
well as throwing lights on significant role of government while law making. Moreover, project
is showing the influence of contract and employment law on business entity while expanding the
business. Lastly, appropriate legal solutions is also identified that is used by company during
problematic situations.
TASK 1
P1 Sources of law
Legal bodies of European Union are engaged in designing various policies and imposing
it on entire corporate world for controlling probabilities of fraudulent activities. Their main
objective is to defend entire nation by implementing useful acts and norms. English law is
notable as being the mother of common law and it is totally rely on basic principles (King and
Raja, 2013). Mainly, united kingdom of Great Britain and Northern Ireland is covering around 4
nations such as; England, Wales, Scotland and Northern Ireland. However, every law is
imposing on whole country but few are applicable on either one, two or three nations. In fact,
number of incidents are incurred at societal place due to which legal bodies getting enforced to
come up with some distinct ideas for controlling the critical situations.
Legal policies is consider as a cluster of rules and regulations which is designed by
legitimate for resolving distinct issues that is encountered by corporate world while running
business entity. UK law is classified into two parts such as; criminal and civil in order to separate
the activities in order to solve it in proper manner. Thus, it has been assessed that number of
things is identified through which legal bodies are getting enforced to introduce relevant norms.
Some of the major sources of laws are discussed as follows:-
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 Constitution:- Governing bodies are engaging in framing an impressive document for
entire nation in order to maintain the equality amongst society. Thus, few laws are
enacted for informing society about their special rights and authorities. Plans and
procedures which is designed by legal bodies are mainly focus on society for encouraging
every individual to fight for their authorities. It means, constitution is playing crucial role
in enforcing legitimate firms towards amendment of acts.
 Case law:- In this advanced world various types of modern things are emerges which act
as major element of crime. In order to control wrongful activities legitimate bodies are
introducing few emergency acts for managing certain situations (Picciotto and Mayne,
2016). For example; harassments are increasing at high extent because of modernization
as families becoming more advanced which resulted in accidents. Apart from this,
sometime vehicle riders are also creating problems like accidents because of fast or rash
driving. Thus, for this legal bodies has implemented that rash driving is strictly prohibited
on public place. All these examples shows that several types of accidents are act as a
major source for introducing specific laws.
 Judges:- According to this element, role of judges are going to highlighted because
sometime decision maker of courts are get enforced to enact few laws for controlling
specific situations. For instance; few parties are not ready to agree on any terms and
conditions because of that judges become liable to introduce some special law just for
particular condition.
Instead of all the above, various other sources are also identified through which legal
bodies are trying to enact some laws such as; treaties, statues, corporate demand and so on. Their
main motive is to prevent innocent society from wrongful conducts.
P2 Role of government in enacting the law
Governing bodies are playing vital role in converting any sparking purpose into particular
act by acquiring consent from several significant member of general assembly. Mainly, they are
engaged in preparing each or every procedures in suitable manner so that probabilities of
omission get reduced and safeguard the time period (Park, 2012). However, enactment of law is
going through an appropriate procedure by fulfilling legal rules and regulations. First or foremost
process is that any agenda is comes out at general assembly for discussion and instantly it
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become a purpose. Later on, this will be converted into bill for further negotiation on it. Thus,
this process will be gone through proper stages which is discussed as follows:-
 First reading:- First process is to read the entire bill for understanding what is written in
that for acquiring information about each or every aspects.
 Second reading:- In second phase depth information is read it by entire team for healthy
discussion and negotiation amongst members for further proceedings. Basically, whip
system is adopted in this phase for gaining support of various individuals or political
party. This is requisite to gain majority for current governing party.
 Committee stage- Detailed analysis is going on this stage by house of commons so that
requirement of further amendment can easily identified at initial phase (Besley, 2015).
 Report stage- Its time to back to the house for making an impressive report by
considering necessary elements. It means, bill is again debated and voting is going on by
the house members.
 Third reading – Overall bill is again re-presented in front of house of commons for
conducting short debate process in order to acquire final consent on specific bill either it
has been accepted or rejected.
 House of lords- In this phase bill is sent to the house of lords for going through all the 5
phases which are explained as above. Thus, amendments are making back for sending
back to house of commons in order to considering the amendments.
 Royal ascent- At the end of the entire process final approval needed to acquired from
monarch. It means under the Royal ascent act 1961 consent of Queen house is
indispensable for converting bill into specific act which is imposed on entire nation.
TASK 2
P3 Influence of contract and employment law on business operations
According to given case study Country Pine is going to expand their business from single
trade to limited organization for gaining maximum benefits by satisfying customers needs. Their
main motive is to grab the opportunities as well as attention of clients for creating positive
relation with entire society (Trevino and Nelson, 2016). Thus, company is going to hire various
new employees for new branch of an association by following suitable hiring procedures. Along
with this, they need to follow some specific legal laws and elements of contract acts for
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minimizing business issues which might incurred at workplace. Staff members are seen as most
indispensable aspect for corporate world because business operations are managed by them only
due to which it is essential to consider opinions of employees while recruiting eligible person.
However, some of the major acts which needs to followed by Country Pine while expanding
their business are discussed as follows:-
 Health and safety act 1974 – Security is seen as first priority for every individual so that
they can accomplish their assigned job role in effective way. In fact, company is liable to
provide safe environment at workplace for preventing their employees from accidental
situations. Moreover, requisite to offer instant medical facilities if there is any health
issue occurred while working. This law enforce organization to prepare a safe or secure
surroundings for staff members in order to protect their goodwill from getting destroyed.
 Equal Pay act 1970- According to this norm an organization needs to offer similar
wages to all the employees whomsoever are belongs from same background or subject
area. It means male and female are treated in same manner without doing any
discrimination on the basis of pay (Muchlinski, 2011).
 Data protection act 1998- It means an association is responsible for safeguarding or
defending real information of individuals or employees performing at workplace. This
law shows that privacy needs to maintained by company about relevant information of
staff members.
All the above act aids in suggesting an organization towards corrective path so that they
can easily expand their business in proper manner by creating positive relations with staff
members. For example; case of UBER with Aslum is one of the most prominent example which
shows that employees protection is highly indispensable as business operations are handled by
them only as they can also affects the image of an enterprise.
TASK 3
P4 Provide legal solutions for various business problems
In the given scenario Country Pine is involving in converting sole trade organization into
limited firm for generating maximum revenue by fulfilling the requirements of customers. It is
not easy to manage large business because of plenty of changes which may create number of
problems for organization (Abdi and Aulakh, 2012). For instance; maximization in workforce,
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cost of infrastructure, involvement of stakeholders, stock get increased which may create
problem while managing all these things. Apart from this, limited and sole trader organization
are distinct in various forms that is discussed below:-
Sole trader Limited firm
 Single owner.
 Liabilities or profits are belongs from
only one person.
 Absence of any shareholders or
professional investors.
 Limited workforce.
 Minimum amount of funds are
invested.
 Short term mission and vision.
 Multiple owners are identified in this
business.
 Presence of shareholders is necessary
for handling a large enterprise.
 Large number of workforce are
available .
 Maximum or high range of capital is
required for this business.
 They are having long term vision and
mission.
Throughout the analysis of these two type organization it is identified that number of
differences are determined which is resolve by following some specific policies and procedures
(Shum and Yam, 2011). Further explained-
 Requisite to impose employment acts while dealing with staff members for minimizing
the problems regarding staff members.
 Follow some specific procedures for controlling probabilities of errors.
 Consider necessary legal norms while managing business activities.
 Follow ethical rules set by legitimate bodies.
 Impose contract elements while involving in an agreements.
Thus, an organization needs to follow each or every aspects in proper manner by
understanding terms and conditions for resolving issues.
P5 Justification
Throughout the assessment it has been understood that legal bodies are playing crucial
role in resolving distinct issues and problems by imposing suitable norms. In fact, Country Pine
can easily enhance their performance with the help of several acts because it helps in preventing
buyer and seller both from any complex situations. Along with this, guide towards corrective
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path for reducing probabilities of errors which may affects the success in several ways. Basically,
Business future which is consultancy firm is engaged in promoting new grown ups towards
expansion but they are also suggesting best directions for managing each or every business
activities in suitable manner. Legal bodies of European union is trying to impose some of the
useful norms at marketplace so that they can easily remove exploitative activities for developing
whole nation.
TASK 4
P6 Recommend best legal solutions as per region
ADR is a method of resolving disputes outside the court without litigation,such as
arbitration, meditation or negotiation. ADR offers to resolve all kinds of matter related to
family,civil,industrial ,labour and commercial etc. In this third party help other persons to
discuss ,communicate and resolve their dispute (Zumbansen, 2011) . Today, ADR is so popular
and required that court also want that parties adopt this alternative before coming for litigation.
Such procedures, less costly and save time as compare to the legal proceedings. This method is
not new for UK as its was adopted by many corporate bodies or similar agencies in which elderly
person resolve the dispute b/w parties.
The ADR consist of Three basic methods to solve the dispute which are as follows-
Arbitration- It is a process where neutral third party named as 'arbitrator' hears
arguments of each side and resolve the dispute and provide outcomes. The party choose whether
decision be binding or non binding. Arbitration is less formal than a trial or court it don't follow
the same rules and regulation. Arbitration clause is added in the employment contract so that in
future if any dispute arise than they have to go directly to arbitrator. In today's time arbitration
clause reduce some burden of the court. But that does not mean that they can't go to court, they
can go only after the outcomes of arbitration (Hiller, 2013).
Negotiation- Under this self-counselling is perform between the parties to achieve
compromise. Its not a formal process its a open ended and parties who wish can enter into it.
Negotiation is a voluntary exercise which has no fixed rules and regulations but follow a certain
pattern. It gives wide range of solutions to maximize profits. In UK, negotiation doesn't have any
statutory recognition and its a non binding process. Parties have a full control over outcomes and
procedure and can make changes according to need.
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Mediation – It is an activity which is carried out with the help of third party. The third
party named as mediator, an outsider, neutral to the dispute, combine with the clients to find the
solution which is a satisfactory for them. Its a non binding process where parties comes at a
mutually agreeable solution. Mediation main aim is to provide parties to negotiate,to explore
ways with the help of neutral party for the solutions. In this mediator has no power to force the
decision or settlement to parties as in the case of arbitration.
Country pine select the arbitration method for their company. Its a shorter, less costly and
much more efficient. Arbitration provide privacy and confidentially as their fillings, documents
remain safe this was not present in the court proceedings (Leung and et. al 2013).
CONCLUSION
From the above report it has been summarized that laws are indispensable for overall
success of corporate world because legal norms are supporting business in several complex
situations. Their main motive is to create a nation which are fully free from criminal acts and
exploitative activities because it may affects the organizational profits. Country Pine is involving
in expanding their business in various regions as well as wanted to converting company into
limited firm for gaining more or more profits. Thus, legal bodies are supporting an enterprise in
various manner such as; useful acts which is applied for resolving conflicting situations like
ADR. Apart from this, company is considering necessary acts and their elements such as;
employment and contract for managing every activities in better manner. It means,
implementation of legal norms is necessary for organizational success or development.
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REFERENCES
Books and Journals
Scholes, M.S., 2015. Taxes and business strategy. Prentice Hall.
King, N. J. and Raja, V. T., 2013. What do they really know about me in the cloud? A
comparative law perspective on protecting privacy and security of sensitive consumer
data. American Business Law Journal. 50(2), pp. 413-482.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
Park, W. W., 2012. Arbitration of international business disputes: studies in law and practice.
OUP Oxford.
Besley, T., 2015. Law, regulation, and the business climate: The nature and influence of the
World Bank Doing Business project. Journal of Economic Perspectives. 29 (3), pp. 99-
120.
Trevino, L. K. and Nelson, K. A., 2016. Managing business ethics: Straight talk about how to do
it right. John Wiley & Sons.
Muchlinski, P., 2011. The changing face of transnational business governance: Private corporate
law liability and accountability of transnational groups in a post-financial crisis world.
Indiana Journal of Global Legal Studies. 18(2), pp.665-705.
Abdi, M. and Aulakh, P. S., 2012. Do country-level institutional frameworks and interfirm
governance arrangements substitute or complement in international business
relationships?. Journal of International Business Studies. 43(5). pp. 477-497.
Shum, P.K. and Yam, S.L., 2011. Ethics and law: Guiding the invisible hand to correct corporate
social responsibility externalities. Journal of business ethics. 98(4), pp. 549-571.
Zumbansen, P., 2011. Neither ‘Public’nor ‘Private’,‘National’nor ‘International’: Transnational
corporate governance from a legal pluralist perspective. Journal of law and Society.
38(1), pp.50-75.
Hiller, J. S., 2013. The benefit corporation and corporate social responsibility. Journal of
Business Ethics. 118(2), pp. 287-301.
Leung, D. and et. al 2013. Social media in tourism and hospitality: A literature review. Journal
of Travel & Tourism Marketing. 30(1-2), pp. 3-22.
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