Business Law and its Sources

This assignment delves into the intricate world of business law by examining its diverse sources. It analyzes how legislation, common law precedents, and international agreements shape the legal framework governing businesses. The discussion encompasses key concepts like statutory law, case law, and regulatory bodies, highlighting their influence on business practices and decision-making.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Structure of the English legal system and different sources of laws.....................................1
P2 Role of government in law-making and statutory and common law.....................................3
TASK 2............................................................................................................................................6
P3 Impact of law on business firm..............................................................................................6
TASK 3............................................................................................................................................8
P4 Appropriate legal solutions for both issues and cases...........................................................8
P5 Justifications for solutions by referring to a relevant statute or given cases.........................9
TASK 4..........................................................................................................................................10
P6 (A) Concept and benefits of Alternative Dispute Resolution .............................................10
(B) Recommendations of alternative legal solutions................................................................10
CONCLUSION..............................................................................................................................11
REFERENCES.............................................................................................................................12

INTRODUCTION
Business law consists all legal legislation that prescribe for running a business firm. It
consists all legal system that regulate how to start a firm, purchase, manage and control all
business related activities. It helps in control all business related transactions. The legal system
of every country is different from each other. Parliament formulated laws and it is the
responsibility of government is to implement them (Abdi and Aulakh, 2012). In this report
mentioned about the framework of English legal system and various sources of laws.
Government plays important role in law making and in what manner common law is applies in
courts. It is necessary for business firms to adopts and uses various rules and regulations in its
business. In this present report mentioned about the meaning and process of alternative dispute
resolution. Parliament introduce many acts and rules which a company has to applied on its
business industry.
TASK 1
P1 Structure of the English legal system and different sources of laws
English legal system is a common law in which includes common law, criminal law and
some another legal norms which are formulated by parliament and a judiciary. Under a criminal
law, Crown take some strict decisions against people for any criminal activities and it is passed
by parliament. Under a civil law, there is applicant, who apply to court for any case or in relation

to defend any person. There are various types of laws which can related with the many principles
and sources of legislations (Bagley, 2010). The English law is pry of judiciary system and
hierarchical framework. In hierarchical structure, supreme court is situated is on the top and it is
also known as House of Lords and mainly decisions are taken up by courts or judges. Criminal
and civil law are the main parts of this English Legal system. There are mainly four sources of
laws:
 Legislation- It is a common and primary sources of new legal system. The
legislation is generally passed or formulated by government of United Kingdom.
It comprises all rules and regulations by a team. Every country has its own legal
system. There are two types of legislation primary and secondary. The primary
legislation is formed by parliament of UK and there is no role of government. All
details related to this is finalised by a public body for instance local authority. On
the other hand, secondary legislation is known as the delegated legislation and it
is related with extra powers of law making to other government.
 Common law- It is a part of English legal system. Under this legislation, the
judges of courts regard only those decisions which are taken by previous judges
Illustration 1: Sources of law
(Source: Sources of law, 2017)

on same cases. At decision making time, the judges of United Kingdom use some
common practices.
 Case law- This law is totally based up on the doctrine of stare decisis and it is
generally related with the jurisdictions (Bishara, 2011). On judgement time,
before taking any decision, it is the responsibility of judge is to find all facts and
figures.
 Statutory law- It is a kind of written law and introduced by legislative body. This
law is totally different from the common law.
 Administrative law- It is taken up as the part of legal system which can be
accountable foot the conducting all operations which is related with the
administrative agencies. Under this, there are many activities includes such as
norms, rules or regulations, enactment of specific agenda and adjudication.
These all laws can be incontestable as:
Working time regulations 1998- Under this, there is a particular time decided that people
of United Kingdom may work and it is generally made by parliament and government of UK.
This cat is applied to all labours and workers and in this also includes more working week, rest
time, some break, time limit of night shift working hours and also weekly rest. According to this
act, in a week workers cannot do more work more than 48 hours and it is necessary to company
and employer is to paid salary for annual leaves (Dahan and et.al., 2010). This act is very
beneficial for all workers.
Employment rights act 1996- This law is related to all the right of employees. It is
generally implemented by government of United Kingdom. In this act mentioned about the many
different practices which may be due by employers. It is the responsibility of employer is to
provide all rights to workers and behave with them properly.
Pension act 2008- This act state about the many changes and variations which are
integrated in relation to pension which is paid by employers top their employees at the time of
retirement. It is the duty of manager is to give pension to worker by completing working years.
Equality act 2010- This act is developed by parliament to protect all employees from any
type of harassment and discrimination. Discrimination can be related to disability, colour,
religion, caste, gender etc.

Trade Union & Labour Relations Act 1992- This act is related to safe all rights of
workers and employer should work on maintaining good and harmonious relationship among
workers, protect labours from any type of action such as lockouts, strikes etc.
P2 Role of government in law-making and statutory and common law
Government plays important and necessary role in law making in United Kingdom.
Parliament introduces many laws and it is the duty of government is to implement all laws and
policies. There are three main irresponsible of parliament like for instance monitor and control
all activities of government, pass and formulated all laws, to represent all interest of people. In
law making process, there is a big role of parliament (DiMatteo, 2010). The main and most
important role of parliament is to review all law drafts which are made by government of United
Kingdom. There is a big responsibility of parliament is to pass all acts or bill in United
Kingdom. After making all legislation, there is a need to develop process related to law making.
In this process, there is house of Lords and Members of parliament both plays important role.
House of Lords is totally separated from legislative and there are total 12 judges are included and
members of parliament is selected by parliament and the elections are held in every 5 years.
Some main steps are included in this process:
Problem or issue merges on government's agenda- The agenda of government is
totally formed through general election. It is the responsibility of political parties is to choose
government in United Kingdom. If there is any issue related to legal system, then in this case the
Houses of lords and Members of parliament deals with problems and try to solve them out.
Ideas for addressing any issues- In this stage, both members of parliament and Houses of
lords discuss on problems and try to provide satisfactory solution (Fassin and Buelens, 2011).
The opposition and ruling both parties are awaited to have many plans and policies, problems
related to tax, education, health etc.
Interested groups and people are consulted- it is not necessary that an idea search its own
way to convert in to law. Many ministers take some time to inform the proposal or ides through
consult with the help of some experts in this field, expert can be a people or group and they help
in providing proper and satisfactory solution. This stage consists white and green paper.
White paper- This type of paper consists a report that is related to any complex problems.
This paper helps in understanding a problem in an effective way and after this solve them out by
taking an appropriate decision. The report is in the detailed manner.

Green paper- It is a document which consists thoughts related to any specific matter and
that is formed by Government. The main aim of this paper is to consult on general problem
before drafting any kind of policy (King and Raja, 2013). Under this, the public and all
stakeholders of this company is to invited for comment on this green paper.
Cabinet ministers must agree with proposals- After consultation, there is a need to decide
on particular idea which is suitable among all. Before developing a bill, it is necessary to take
permission from cabinet ministers. After approval from cabinet ministers, this proposal sent
forward to a committee and committee should be pass it and it is responsible for conducting all
legislation programmes of government. It will be a final decision of committee that proposal
will be presented in parliament or not.
Proposals are made in to bills- After approval from cabinet, it is a responsibility of
ministers is to prepares all instructions regarding bill.
Parliament includes and scrutinises bills- Parliament regards a bills which are
implemented by government. Before converting a bill in to a law, it is necessary that House of
Lords and members of Parliament both agree on this (Kinicki and Kreitner, 2012).
Parliament stages- There are some following steps are involved under this stage:
1. First reading- This reading is inside the chamber and it is for mainly for first time.
In this step, it is necessary for members of parliament is to understand about the
bill content.
2. Second reading- In this, members of parliament and other ministers discuss on
principles of bill and proposal. The discussion is converted in to debate and it is
related with some important areas of bill. To forward this bill or not, members of
parliament give votes on it.
3. Committee stage- This stage is credibly by examination of bills and it is
completed with the help of members of parliament. There are two main parties
which are responsible for this bill and these are junior ministers and ministers.
Parliament introduces many acts related to bill.
4. Report stage- In this step, if there is an any need to make changes in bill then in
this case it is required to make give information to House of Parliament and them
all member will give their opinions and reviews,

5. Third reading- MP's give their important vote for passing a bill and also complete
final application or form (Law, 2010). With the help of vote, it is decided that bill
will be accepted or rejected.
6. Bill approved through one chamber is consider by other- After approved from
House of Common then after this it is required to send this in House of Lords and
there will be similar stages included. If in case Lords want any modification in
this bill, then in this case it will be return bask to Members of parliament by
considering all amendments. For concerting a bill in to law, it is necessary that
both House of Commons and House of Lords should be agreeing on this.
7. Monarch Assent turns a bill in to an act-After approval from both Commons and
Lords, there will be a final approval of Monarch which is also known as Royal
Assent.
Common and statutory law
Common law is basically a part of English legal system and it is formulated from judicial
and custom precedent. In this, decisions are totally based upon the judges and judges take
decision on the basis of previous judge decision in same case (Law and Buhalis, 2013). This law
is also known as customary legal system because the judges follow all customs of United
Kingdom. On the other hand, it is a written law and introduced by parliament. This law is related
to case and the final decision is made by courts. There are some main differences among
statutory and common law:
Common law Statutory law
It is mainly developed by courts. It is made by government.
It is totally based upon precedent This law is in the written form.
The nature of this law is instructive Its nature is prescriptive
Its level of operation is procedural It deals in substantive operational level.

TASK 2
P3 Impact of law on business firm
Sometimes, legal system pact on business activities and its process. Government made
some policies, rules and regulations and it is necessary for company to follow them if business
firm will not work under this then in this case law will effect on business operations. From this,
productivity and profitability of company will be reduced (Mann and Roberts, 2011). So to
minimize this impact, it is necessary to company to follow all polices, strategies which are
developed by government.
(A) Employer's legal obligations in relation to:
1. Occupational health and safety- It is related to health and safety related
standards of employees. Under this act, it is a duty of manager is to give safe and
positive working environment to their workers. For minimisation of accidents, it
is necessary to employer to provide training to all workers about the new
machineries and technology. From this, health of employees will not be affected
and they all will work with any issue. This act is formulated by Government.
2. Workers compensation- It is a main form of giving all the benefits or advantages
to workers. If at a workplace, worker suffer from any type of injury then in this
case, employer has to give that person some medical benefits. It can be in the
form of monetary and non-monetary (McGill, 2010). It is mandatory or necessary
for any company.
3. Harassment- It can be with the female employees and can be with male. It refers
to the unacceptable behaviour of person. It is a big issue in an organisation and it
can impact on goodwill of a business firm. Most of the times, male workers harass
female employee by doing unwanted activities. From this reason, women not
work in a proper manner and it impacts on growth of company. So to minimize
this impact, it is necessary to management for taking a strict decision and give
female employees a safe working environment.
4. Equal opportunities- According to this act, in an organisation, there should be
equal opportunities to all employees and remove discrimination from workplace.
Discrimination can be related with gender, religion, nation, colour, work
allotment, race and most of the times top management does not include

employees or workers in any decision making process. From all this, negativity
will be created in the mind of employees and they do not work properly. So to
reduce this, it is necessary to adopt this act and remove discrimination from
company and treat all workers equally.
From all cases it is determined that in a business firm if workers will not perform well or
not do their work in an effective manner then in this case, there will be negative affect on
business activities (Nissenbaum, 2011). If employer will not provide safe working environment
to their employees, then in this case it can create bad impact on employee mind and in this regard
workers can sue on employer and from this goodwill of company will be reduced.
(B) The conclusion of this case study is that there is a fault of leader of this company and
it is the responsibility of a leader is to provide safe working environment to their workers. Yes,
in United Kingdom 16 years’ age is a legal age for doing work there. According to health and
safety act, employer is responsible for providing good and safe working environment to their
employees, from this there will be less accidents at workplace. It is a duty of government is to
enforce employer to follow these rules in an organisation (Osuji, 2011). In this case, leader will
be compensating to that 16 years old child girl.
Under accordance to case of Lord McLaren in Bett v Dalmey Oil Co (1905), from giving
safe working conditions, then there will be reduction in accidents. To minimize all accidents and
health related issues in company, it is necessary to manager is to provide training to all workers
related to new machineries and technology. According to contract law, leader should be concern
about the health of 16-year-old girl child and on the basis of employment right act, leader or
employer should give her safety and to give good working environment. From this accidents, all
other workers will not feel safe in company and can leave from it. It will impact on productivity,
profitability and goodwill of company. She can claim for compensation and employer should
change its ice making machinery.
TASK 3
P4 Appropriate legal solutions for both issues and cases
According to this first case study, Donna did wrong with Calvin. He did not terminate
him without knowing any reason. Calvin is a design and working in a big fashion house and he is
an old employee of there. It is a responsibility of an employer is to follow all rules and policies

which are introduced by Government. Employer of this fashion house did wrongful and funfair
activity with his employee. From all acts, Donna should follow an employment act. In this act,
employee should follow all rules and before terminating Calvin, Donna should give a notice
period of minimum 15 days or maximum 1 month.
Unfair dismissal- This means that when an employer is dismissed without knowing any
reason, then it is an unfair dismissal (Posner, 2014). Before dismiss Calvin it is necessary to
Donna to give a notice period. From this, its affect will be bad on the productivity and
profitability of business. Before terminating him, employer should ask from his worker about all
conditions and problems. Employer should know about the reason behind all case. For enhancing
the growth and development of business, Donna should treat Calvin in proper manner and deal
with him in an effective manner. if employer will file case against worker, then in this case
Donna has to give a specific reason to judge for terminate Calvin. In context to this case
employer can take from trade union and aloes take some| steps such as:
He can claim on Donna regarding compensation.
Demand for inquiry.
Wrongful dismissal protections- It is also known as termination in wrong
manner. under this case, Donna is breaching a contract and on the basis of employment
act, leader may be give a notice period to Calvin and give him a one chance to proof
himself innocence (Reinhardt and Stavins, 2010). Calvin has many rights during
redundancy time:
 Give offer for another work
 Consult with trade union and top management
 Demand for notice period
(B) According to this second case study, Mr. Dan can render a statement in a written
form and then to request from company to him insurance company claim and it is
depending upon the firm top give him claim or not. In this given case, Dan cannot sue
any case against insurance firm.

P5 Justifications for solutions by referring to a relevant statute or given cases
The main solution of first case is that Donna should not terminate Calvin without
knowing any specific and genuine reason and he should be given a notice period for some weeks
to proof himself innocence. Calvin can file case against his employer. Regarding this case,
employer of Fashion house should have discussed with its top management (Robson, 2012).
Donna did unfair dismissal and wrongful act with Calvin. On the other hand, in second case Mr.
Dan cannot file case on insurance company he can only give in written form about claim of his
business. Insurance company can reject his claim and behind rejection there can be many reason:
 If Mr. Dan will give any wrong information to insurer then in this case, the affect
will be bad on insurer and he will reject or neglect claim.
 If person will not give answer correct to insurer, then in this insurer person can
doubt on Mr. Dan and will not agree to give claim.
TASK 4
P6 (A) Concept and benefits of Alternative Dispute Resolution
Alternative Dispute Resolution means to resolve al issues and problem of conflict among
two parties. The main aim of this is to solve dispute and make workplace effective. ADR use
some techniques to resolve issue or conflict and techniques can be arbitration, adjudication and
mediation (Siedel and Haapio, 2010). From taking the help of all these, there will be no need by
courts. In ADR, there is always involvement of third party. There are many benefits or
advantages of ADR:
 It is time and cost saving process.
 It is very flexible process to resolve problem.
 Helps in providing satisfactory and effective solution.
 There is no role of judges.
(B) Recommendations of alternative legal solutions
The legal system of each and every country is different from each other. ADR used for
resolving conflict at workplace. According to this case, Antwon is a owner of investment
company and there was a conflict among Tyrell and Antwon from many several years ans now

they both want to resolve it. To make a proper solution of their problem, they take help from
Arbitration, mediation and negotiation of United Kingdom.
Arbitration- It is a third party and very expert in problem or conflict solving. The person
of third party is known as arbitrator (Sprague and Wells, 2010). This person listen all problems
and issues and them make a proper solution of conflict.
Mediation- There is a mediator appoint by both conflict parties mutually and this process
is voluntary and for appointing this person there is a involvement of both parties.
Negotiation- It is an effective process and it trying to getting both dispute parties
together and and to do the settlement. Negotiator take a common decision which can be in the
favour of both parties.
In case of United States, under ADR process there is an involvement of arbitration.
Arbitrator help both parties to come on a common point by giving them a common solution. It is
expert in conflict solving (Weber, 2010). In US, there is a labour arbitration in which two
category are involves Grievance arbitration and interest.
CONCLUSION
It is concluded from the above report that it is necessary to every company or business
firm to follow all laws and regulation which are formed by government. In this present report
studied about the involvement of government in law making process. Company use many
employment act in its business or at workplace.

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ONLINE
Business Law, 2017. [Online]. Available through: <https://www.brmlaw.co.uk/business-
solicitors/business-law/>. [Accessed on 5th August 2017]
Sources of law, 2017. [Online]. Available through:
<http://www.assignmentpoint.com/arts/law/sources-law.html>. [Accessed on 5th August,
2017].