Uk Business Law Assignment Solution (pdf)

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
What are the main sources of UK law?..................................................................................1
Role and responsibility of UK government at the time of making law and what is the role of
statutory law an common law in justice court........................................................................2
How company, employment and contract law have an impact on business organisation......3
Carefully explore on the legal formation of different types of organisation.........................4
How these associations are managed and funded...................................................................5
Recommendation of appropriate legal solutions for resolving a range of disputer with the help
of relevant example................................................................................................................6
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
The law where focus should be given on the activities of business and trade is known as
business law. The alternative name of business law is commercial law and mercantile law. There
are numbers of points which says that business law is important but among them the main
importance is related with the stimulations of law for accomplishing the goal of organisation. In
this respective project, the advices are required to be given and for that the legal advisor of
Global Solicitor has been given the responsibility. The first discussion will be related with the
major sources of UK law and after that it will be necessary to explain the role of ruling
government in the formation of law or any Act for UK. In the middle part of the file, the
suggestions will be given on incorporation process of various types of companies. Towards the
end of the file, points which are required to be discuss is that how appropriate legal solution can
be given in the situation where dispute arises.
MAIN BODY
What are the main sources of UK law?
It is found that the law of UK required to be commenced with the help of various sources
and those source are Legislation, common law, European Union law and European Convention
on Human Rights (Legal systems in UK, 2018).
1. Legislation: In UK, it is said that the most important source for commencing any law is
legislation. The responsibility to form law under Legislation is given to Parliament. It is
said that when parliament take any any action then they are for the welfare of common
people so there is no option for anyone that ask any question against those act and law.
The main focus of legislation to commence law is based upon the current issues of UK.
2. Common law: There is a authority given to court to form or commence law in the
situation where legislation has not explained as relevant points. It is said that if anyone
denies to follow the rules and regulation of common law then legal charges are to be filed
against that individual or organisation.
3. European Union law (EU law): This is one of those body in Europe which was
incorporated just for the purpose of forming new law as per the requirement of every
country. There are altogether 28 countries who are member the member of European law
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making body. In current situation, more than half of the law in UK has been commenced
by EU law which indicated that how important role does this law plays on regular basis.
4. European Convention on Human Rights (ECHR): The area which is being focused in
ECHR is totally related with Human Rights which is mentioned under Human Rights
Act, 1998. It is one of those source which says that what are the rights which need be
given to any individual.
Role and responsibility of UK government at the time of making law and what is the role of
statutory law an common law in justice court.
It can be seen that it is one of tough task when law is required to be formed because there
are lots of area which need be covered. The government need to check that what is the
importance of commencing any law any even they need to check the benefits of it (Berger-
Walliser, Bird and Haapio, 2011). There are altogether seven steps which are required to be
followed to by the government of UK but before that draft is required to be prepared because that
is the only ground on which government can take the action. Once the member of Parliament
draft the bill then they need to send it to the House of Parliament. When bill is drafted then it is
the responsibility of member of Parliament that how they deal with it. The first step is First
reading followed by second reading, committee stage, report stage, third reading, House of Lords
and Royal Ascent. In initial stage the member general checks that what are the requirement of
general public where as in second reading it is important for member to check the bill that what
are the essential points which have been mentioned and even they are required to check that
whether bill is appropriate or not. Then role of committee stage comes in middle where they
discuss every points which are mentioned insider the bill through which it can be easily judged
that what are the changes required in the bill. Report stage has its own importance because they
are known just because of amendment and there is no time boundation in it. Once, the work of
report stage is completed then there is a requirement to conduct third stage. In this stage, it is
compulsory to check that how many members are in favour to pass the bill and how many of
them are in against (Nica, 2013). It is crucial for every member to judge the bill on the basis of
facts because it is just for the benefits of general public. If bill pass all this stage than there is the
option that bill can be forwarded to next stage which is known as House of Lords. When bill is
presented in House of Lords then it is understood that bill has been successfully passed by House
of Common and now it is their responsibility to check the detail of proposed bill. If they think
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that still changes are required then again report stage is conducted else bill is forward for Royal
Ascent. It is one of the most important stage because it is compulsory in UK that every bill are
passed through Royal Ascent Act (Besley, 2015).
How Common law and Statutory laws are applied in Justice court with the help of relevant
example.
Justice Court is one of those court where civil and criminal nature of crime had been
attempted. But, it is never gonna be easy without the help of Statutory law and common law
because they are those two department which is very helpful at the time of declaring the result.
For example: if any of those situation arises where statutory law have written that what are the
legal action that can be taken then justice court take the help of statutory law. But, when any
irrelevant case arises on which statutory law is silent then, justice court have the authority to
declare the result of their own (Mann and Roberts, 2011).
How company, employment and contract law have an impact on business organisation
It is very important for every organisation to work as per the required of different acts
and laws. It is found that sometimes laws and acts do have positive as well as negative impact on
business organisation. Some of the impact of different law on business organisation are
categorised below:
 Company law: It is the law which guides that how any organisation need to work on
regular basis for achieving its targets. But, it is one of those law which says that none of
the association is allowed to work on their own else penalty can be imposed. In context of
Jaguar & Land Rover, they need to manage their day to day activity on the basis of
guidelines of Companies Act, 2006 (Bishara and Westermann‐Behaylo, 2012). Here,
Company have the requirement to conduct different meeting where planning is done for
managing the activities of organisation which increases the cost of Jaguar & Land Rover
where it is counted under the negative impact on organisation.
 Contract law: The law which deals in the department of agreements just for the purpose
completing it in proper manner is called contract law. It is found that contract law is
essential law for every individual and organisation. It is necessary because it tells that
how any task is required to be managed and what are the legal obligation on any
company during the course of agreement. In context of Jaguar & Land Rover, it has a
positive impact on company because when any of the customer’s order to manufacture
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the vehicle then proper agreement is to be done and because of that company has the very
rear chance from suffering losses. The negative impact on the company of contract law is
that they are not allowed to breach the contract else heavy change can be imposed upon
the company.
 Employment law: It the law which is very essential for every organisation because it
tells that what should be the relation of employer and employee's. It is one of those law
which guides that what are the facilities which should be provided by the company to
there employees. In context of Jaguar & Land Rover, their Manager and leader must
ensure that they are providing the best safety equipment to the employees while working
near the hazardous machines which is one the positive impact on company because it will
ensure that work can be concluded in one of the finest manner.
Carefully explore on the legal formation of different types of organisation.
It is found that there are many types of organisation which can be found in United
Kingdom where they have their own style at the formation. It is very crucial that those process
and methods must be followed because it decided the future of and working style of the firm.
The different types of association are:
 Sole Proprietorship: In UK, it is the most simplest form of business where investors
always shows there interest and reason behind that is only the amount of investment
which is required in it. It have set the different level of standard where entrance and exit
is very easy. The main freedom which is given in sole proprietorship is that there is no
requirement of legal formation of sole proprietorship. So, it even doesn't have the power
to sue and be sued (Buckley, Burton and Mirza, 2016).
 Partnership: It is the concept of doing business where it have given the lots of flexibility
because under partnership, number of individual can come together just to start business
activity. Due the increase in number of partnership firm it can be understood that it is the
popular form of business organisation where profit can be earned easily. There is a legal
process which are being followed by every partnership firm but is not comparatively
longer then formation of corporation and other similar form of business. Every
partnership firm required to draft partnership deed to Companies House but before they
are required by registered under Partnership Act.
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 Non profit organisation: It is the form of business organisation where various types of
boundations are imposed as it incorporated for the purpose of welfare of general public. It
has one of the lengthiest process at the time of formation (Cq PressPollitt and Bouckaert,
2017).
◦ First, there is the requirement to find trustee and that should not be less then 3.
◦ The purpose of NPO should be related with public benefits.
◦ Then name of charity should be decided.
◦ Then, there is the requirement of choose the structure of NPO.
◦ Even government documents should also be created.
◦ In the end, if income of NPO is more than £5,000 then it must be incorporated as
Charitable Incorporated Organisation (CIO) (Leiden University PressMishan, 2015) .
 Corporation: It is the business organisation where number of formalities are required to
be done on regular basis. It is one of the oldest form of business where it is found that
more boundation are imposed. It is never gonna be easy for any one to incorporate
corporation because capital is required in large amount. The main benefits which is given
to corporation is that members and company are separate from each other and the liability
of investor is only up to the amount of capital invested in the organisation(Fitzmaurice,
2017) . The legal formation of corporation is mentioned below:
◦ Name and address should be decided and member should ensure that name of
association is not similar with anyone.
◦ Then, there is the requirement to appoint the director and member of the organisation.
◦ After that, it is necessary that company has formed Article of Association and
Memorandum of Association because it tells that on which policy company is going
to work in future.
◦ Then, company must register itself under the Companies Act, 2006 (Frank and Bix,
2017).
How these associations are managed and funded.
In present scenario, it is being found that formation of organisation is easy these days but
they are not easily managed and funded and the reason behind that is only the credibility of the
company. The ways to manage and fund the activity of above business organisations are:
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 Sole Proprietorship: It has been understood that there are very few option for many of
organisation and among them sole proprietorship is one. The owner of the Sole
proprietorship firm is required to manage their business activity by themselves. There are
very few option to manage fund to and some of the source are: personal assets of owner,
credit card etc. (Greenwood, 2016).
 Partnership Firm: The partners of the firm are required to manage the activity and out
of them special powers are given to authorised partner whose approval will be required in
every decisions. If any of the partnership firm requires fund then they can easily apply for
the bank loan, but is not necessary that loan will be approved. Even company have the
option to add on the capital from personal assets of every partner.
 Non Profit Organisation: It is very important that business activities are being
conducted in NPO and the responsibility is always given to the directors of the company
who manages day to day activity of the company. There are lots of ways through which
NPO can be funded and among them government agencies is one of the major source
through which funds are managed.
 Corporation: It is being found that there are lots of ways through which fund can be
managed in Corporation and among them issuing share is one the main source. Even
company can issue debenture and bonds also. In addition, corporation have the option to
apply for the loan which is one of the best way through which fund is managed. When it
comes to managing business activity there are directors, manager, share holder and
Company Secretary (Halbert and Ingulli, 2011).
Recommendation of appropriate legal solutions for resolving a range of disputer with the help of
relevant example
Case Study: The given situation in the case is related with Hardy Ltd and Jacob. Here,
Hardy Ltd is one of the service provider on internet and telecommunication. Jacob called Hardy
Ltd to provide the internet and telecommunication under the combo offer. When the expertise
team came in the house of Jacob they remember that they forgot to bring some of the tools
through which telecommunication connection was required to be done. So, the team of Hardy
Ltd, only gave the connection of internet and told that they will come next day to provide the
facilities of telecommunication but they didn't came again. In the end of the month, Hardy Ltd
has prepared the bill on the basis of combo offer and after seeing the bill Jacob was not happy
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and now he want to file the case against Hardy Ltd on the ground that they had breached the
contract.
Contract: It is the legal term which tells that what are the essential things which are
required by any of the company or individual. Contract law is required in each and every
situation because it helps in completing the term and condition of the through which chances of
conflict doesn't arises (Hayden and Bodie, 2012). When any of the person fails to perform there
part of work then it falls under the category of breach of contract. In above case, there was the
contract between Jacob and Hardy Ltd that one will provide the service and another one will pay
the money. But, it was found that Hardy Ltd had breached the contract.
Breach of Contract: It is the situation, where written promise is not completed any of
the involved party. As per the law, if anyone breaches the contract than defaulter is liable for the
penalty. But, in breach of contract, it is the responsibility of plaintiff to prove that opposition has
breached the contract (Johnson, 2012). In above case, the breach of contract has been done by
the side of Hardy Ltd so the responsibility to prove that Hardy Ltd is defaulter will be in the
hands of Jacob.
Process to Solve the legal Dispute with the help of Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is the technique through which disputes can be
easily solved. But, it is necessary that disputes should be legal and should be of civil nature
because permission of criminal nature cases are only granted to higher level of court. In ADR,
there are various methods from which cases can be solved and it is the choice of disputed party
that which one they follows to solve it out. The different methods of ADR are:
 Mediation: It is explained as the methods to solve the legal dispute with the help of
mediator. It is very important for mediator that they try their best so that more number of
points can be covered in the agreement. But, the main work of mediator is just to give
their best while giving advices so that conflict can be solved (Jones and Lainez, 2013).
 Conciliation: The process of solving out the conflicts with the help of giving advice is
known as conciliation. Conciliation is not being used in most the cases as there are very
rare option to solve the dispute.
 Arbitration: This is the process of solving dispute where it is important to follow the
order as it been given the authority that any decision which is given by arbitrator must be
followed (Kraakman and Hansmann, 2017).
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In the above case, it is suggested Jacob and Hardy Ltd must try to solve their dispute
with the help of Mediator because it is found that in their case, there is just the must
communication between the parties. And to solve this problem, it will be easy that both the party
try to reach near to the contract as much as possible for them.
CONCLUSION
It can be concluded from the above file that Mercantile law is very crucial because it do
have the best guidelines through which commercial decision can be taken easily. The sources of
UK law says that what are the area which need to be covered so that chances of conflict cannot
be raised in future. When it comes to government, they play huge role for commencing law in
UK. Where as it is understandable that various types of organisation can be formed but the most
important part is that how perform their task on regular basis.
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REFERENCES
Books and Journals
Berger-Walliser, G., Bird, R. C. and Haapio, H., 2011. Promoting business success through
contract visualization. JL Bus. & Ethics. 17. P.55.
Besley, T., 2015. Law, regulation, and business climate: The nature and influence of the World
Bank Doing Business project. Journal of Economic Perspectives. 29(3). Pp.99-120.
Bishara, N. D. and Westermann‐Behaylo, M., 2012. Law and Ethics of Restrictions on an
Employee's Post‐Employment Mobility. American Business Law Journal. 49(1). Pp.1-
61.
Buckley, P. J., Burton, F. and Mirza, H. eds., 2016. The strategy and organization of
international business.
Cq PressPollitt, C. and Bouckaert, G., 2017. Public management reform: a comparative
analysis-into the age of austerity.
Fitzmaurice, G. G., 2017. Some problems regarding the formal sources of international law.
In Sources of international law (pp. 57-80). Routledge.
Frank, J. and Bix, B. H., 2017. Law and the modern mind. Routledge.
Greenwood, J. ed., 2016. The effectiveness of EU business associations.
Halbert, T. and Ingulli, E., 2011. Law and ethics in business environment. Cengage Learning.
Hayden, G. M. and Bodie, M. T., 2012. The Bizarre Law and Economics of Business Roundtable
v. SEC. J. Corp. L. 38. p.101.
Johnson, L., 2012. Pluralism in Corporate Form: Corporate Law and Benefit Corps. Regent UL
Rev. 25. p.269.
Jones, S. R. and Lainez, J., 2013. Enriching law School Curriculum: The Rise of Transactional
Legal Clinics in US Law Schools. Wash. UJL & Pol'y. 43. P.85.
Kraakman, R. and Hansmann, H., 2017. The end of history for corporate law. In Corporate
Governance (pp. 49-78). Gower.
Leiden University PressMishan, E.J., 2015. The mining law: a study in perpetual motion.
Routledge.
Mann, R. A. and Roberts, B. S., 2011. Smith and Roberson’s business law. Cengage Learning.
Nica, E., 2013. Social Responsibility, Corporate Welfare, and Business Ethics.
Psychosociological Issues in Human Resource Management. 1(1). Pp.9-14.
Online
Legal systems in UK (England and Wales): overview. 2019 Available through
<https://uk.practicallaw.thomsonreuters.com/5-636
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