Business Law and Dispute Resolution

This assignment explores the role of business law in resolving disputes, particularly emphasizing the use of arbitration. It delves into the advantages of arbitration over traditional court proceedings and analyzes a hypothetical case involving AFG Oil Corporation as an arbitrator. The document also touches upon the functions of the Supreme Court and its influence on legal decisions.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Explanation about various source of law and law that corporations must comply with.......1
P2 Description about the role of government in law making and application of common law
and statutory law in the justice court...........................................................................................1
M1 Evaluation the significance of legal system.........................................................................1
TASK 2............................................................................................................................................1
P3 Illustration about how company, employment and contract law has a potential impact upon
business.......................................................................................................................................1
M2 Analysis about the potential impact of regulations, legislation and standards.....................1
TASK 3............................................................................................................................................1
P4 Explanation about legal solution for business problem in vocational scenario....................1
P5 Explanation about justification for use of effective legal solution in case of PHB ltd and
Busy bees Ltd..............................................................................................................................1
M3 Assessment about the positive and negative impacts of legal solutions to business
problem.......................................................................................................................................1
TASK 4............................................................................................................................................1
P6 Recommendations about the legal solution based upon a different country's legal systems1
M4 Comparison about the effectiveness of these recommendations given to AFG oil
corporation..................................................................................................................................1
CONCLUSION................................................................................................................................1

INTRODUCTION
Business law is refers as structure that formulate various law, regulation and principles
for business enterprise. It defines the criteria that should be followed and established by the
organisation. With assistance of business law, individual can acknowledge criteria and way to
run business enterprise and its various activities and function. It consists with various regulation
and legislation related to contracts, agreement, human resource practices, sale and purchasing
goods and services etc (Akintoye, Renukappa and Lal, 2012). It also assists to entrepreneur to
find out the best alternative solution of legal issue associated within business operations and
activities. The current report provides depth knowledge and understanding about the business
law and various legislation associated with it. In addition to this, explanation about English legal
system, legal solution and contract law has been also discussed in this report. The major aim of
this discussion is to provide the information about importance of business law and English legal
system UK.
TASK 1
P1 Explanation about various source of law and law that corporations must comply with
The English legal system structure plays a very crucial role in the supreme court. It
covers Wales and England. It has hierarchical structure under which supreme court is positioned
at the top in the hierarchy. The supreme court is also known as the House of Lords which have
power to make major decision. The decision which taken by supreme court has to be followed by
all other court in the country. The supreme court is only bound and restricted by its own
decisions which made in the previous cases (Bekkers, Duysters and Verspagen, 2002). In the
structure, appeal court is positioned after supreme court and the decision which made by both
court that is appeal court and supreme court are to be followed by the lower courts. If in case,
any conflicts arises in the previous decisions then it is great authority and power of supreme
court to make conclusion. If in case supreme court decision has been overruled then appeal court
have authority to make conclusion.
The Criminal and civil division are two major part of English legal system. In the high
court, three are three major divisions are established that is divisional courts (Bowyer, 2000). All
rules, principles, practices and decision which made in the divisional court are to be followed in
high court.
1

Source of law refers to the sovereign or the state from which the law derives its force or validity.
There are several sources of some legislation in English legal system which are discussed below-
 Common law- In this legislation developed according to the decision which taken by
court. The major decision and conclusion can made by senior appellate. It is significance
source in the English legal system (Campbell and Boothby, 2016). The decision which
taken by appellate authority has to be followed by all lower level of courts.
 European convention of human rights- This is significant legislation and rules which
helps to individual and citizen in the country in protecting their human rights and precise
(Law, Buhalis and Cobanoglu, 2014). With assistance of this legislation, people are in
the country can save their rights related to their basic needs and way of living in the EU.
 Statutory legislation- In the country, statuary legislation is formed and developed by
legislature. The act of parliament creates statutory law and the member in the parliament
has authority to make amendments and modification in the principle, rules and
regulations. Several articles, sections, and parts related to functioning and activities of
2

business as well as individual are included in the legislations. The all regulation and
legislation has to be followed by the organisation at the time of conducting and
organising activities and function. With help of this regulation and legislation,
corporation can conduct its activities in an effective and safe manner.
P2 Description about the role of government in law making and application of common law and
statutory law in the justice court
The law making procedure is one of important process that help in providing legal and
appropriate solution to citizens and organisation in the country. This procedure starts according
to the recognised problem that are being facing buy citizens and corporation in the country. Once
the issue has been identified, legal authority is to analyse the effective and suitable solution of
that particular problem (Appelbaum and et.al.,2016). The major function of authority is to
identify the problem which is being facing by companies and citizen and then in the next stage
create proposal accordingly. The offer which is prepared by legal authority has to been presented
to the lower courts in the third stage. While the offers accept or approved by the authoritative at
the lower level then this offer can convert into the final bill. In the next phase it is great
responsibility of government to present that bill in front of upper level of authorities for the
approval. In the upper level authority includes high and appellate court. While these two court
approved the bill then it should send for first reading in the house of common or parliament.
Once the legal authority read the bill in first reading then it is great responsibility them to
make modification as per the suggestion and feedback which is collected in the parliament by
members. In the next stage, bill can present in second reading. Once the second reading
presented then short debate can conduct related to bill (Jones and Sufrin, 2016). Once the debate
is accomplished then bill can forward to special committee. In this same stage, feasibility,
flexibility can evaluate on the bill. In the third reading, bill is presented for voting. In this stage
the final decision takes according to the voting by members.
M1 Evaluation the significance of legal system
Legal system is one of the body that formulate various legislation, standard and rules
related to the organisation and citizens in the country. With help of legal system, fair decision
can take by organisation for employees and citizen can fight for their right (Oswald, 2014).
There are drastic improvement occurs in the English legal system. With help of English legal
3

system, the basis need of human being can easily fulfil and provide protection and security to
them. In addition to this, in the context of business, organisation can easily resolve business
related issue with help of legal system.
TASK 2
P3 Illustration about how company, employment and contract law has a potential impact upon
business
In every country government develops some legislation, code of conduct, regulation and
standards for citizens and organisation. Some rules also developed by government related to
contract, employment and business which have to be followed by organisation at the time of
carrying out business activities and function (Wild, Wild and Han, 2014).
In the case of Collin and David they have to follow the regulation related to the registration and
naming of organisation. Some regulation related to naming of organisation are as follows which
have to follow Collins and David-
 At the time of company registration and naming, no organisation can use the name for
their company which is already existence in the market. Business unit have no right to
use the same name and use any misleading information in its business enterprise (Tepe,
2016).
 At the time of registration of business unit, all information which is going to establish
should be fair and true. There should not use any misleading and false information with
its business and associated product and services.
In the case of Sophia, there are some employment law which can apply on her case and protect
her. As per the case, Sophia is an employee at GST Ltd. and dismissed by her top management
due to irregular working and absenteeism (Rutledge, 2014). In this case, Sophia have right to get
employment because any organisation have to give notice period to its employees before
dismissal. As per the employment law, organisation can not dismissal to employees without
notice period. The employer can terminate to its employee on the basis of some conditions only.
There are major three conditions which are as follows-
 Unfair dismissal- On the basis of unfair and unnecessary conditions, employers can not
dismiss his employees in an organisation.
4

 Constructive dismissal- Without informing or giving notice to employees related to
rejection and termination, no organisation can terminate its employees. If employer
terminate any employee then employee have right can take action against that employers
(Vachon, 2013).
In the case of Mr khan, contract law can applied through which Mrs khan have right to get
compensation and remedies from AD motors. In the context of contract law, all terms and
condition related to the contract and agreement should followed by both parties who are involved
in the contract. If any one break the rules and condition under the contract then another party
have right to get remedies from that particular party. Furthermore, plaintiff can made suit and
claim against the defendant for recover compensation amount of court. In the case of Mrs khan
AD motor car have used cheap parts of automobile and replace the original. Thus, in this case,
Mrs khan have right to claim against the AD car because it used duplicate part and breach the
contract with Mrs khan.
M2 Analysis about the potential impact of regulations, legislation and standards
There is a great significance of the legislation, regulations and code of conduct due to
which organisation and citizen can get safety and security against illegal and unethical activities.
It guides the management and companies to conduct activities ad operation in effective manner.
With help of application of standard and regulation, company can easily protect its business
(Bowie, 2017).
TASK 3
P4 Explanation about legal solution for business problem in vocational scenario
In the contract law all terms and condition should be followed by both parties and it
anyone can breach then another party can claim against that particular party. With help of
contract law, if any party in the contract breach the contract then another party have right to get
remedies and expenses from that party.
In the PHB limited corporation, Mr Smith have been appointed and it is a construction
and building related company.P 4
It has been identified that the given case study is related to the breach or termination of
contract. The legal solution provided to MR sigh is that he has the right to file law suit against
PHB for breaching the contract and not fulfilling their task according to their roles according the
5

terms in contract. The other option is that both the parties in contract can facilitate negotiation.
As this activity will help them in rebuilding their relationship (Martin, 2015). The other option
available with both the Parties is to terminate the contract and enter into a new agreement with
each other. It has been advice to Mr sing that when entering into the new agreement he should
specially communicate the competition time of the project. He should also include the
consequence if the PHB again fails to complete the task on time.
In case of Busy Bee , the company is advice to consider company law during winding up
their business. According to the company law it is essential for the organisation to before the
closure or winding up of business they should repay their debt and should make payment to the
creditors (Melvin, 2014). The business entity should also pay the Samantha the sum of money
that has been incurred by her as a cost and Expenses. The organisation assets should be
distributed as per company norms.
P5 Explanation about justification for use of effective legal solution in case of PHB ltd and Busy
bees Ltd
In the contract law all terms and condition should be followed by both parties and it
anyone can breach then another party can claim against that particular party. With help of
contract law, if any party in the contract breach the contract then another party have right to get
remedies and expenses from that party. In the case of PHB limited, it is failed to fulfil the
contract and let down the contract in between and that contract was already been terminated. In
this case, PHB have no right to use against the another party ad they have only limited rights. In
the case of PHB limited regulation and rules can terminated by PHB limited because they have
no right to sue against the party because in the past he has already been penalised for that
(Posner, 2014). In the second case of Busy bees, he wants to liquidate and he appoints Samantha
as she is liquidator. With help of Samantha, proper solution can find out by Busy bees. As
Samantha liquidate down the organisation and setting off the amount as per pro rate basis. This
amount is first paid to the creditors of the organisation. In addition to this, Aston business takes
charges of the assets and realised by Busy bees company.
6

M3 Assessment about the positive and negative impacts of legal solutions to business problem
The major advantage of the legal solution in the business problem is that company can
easily formulate the practices, policies, rules, and standard related to business. With help of legal
ululation, company can escape from the long procedure of court (Allen and Kraakman, 2016).
On the other hand in the negative aspect, sometime, company mislead and misguide the
government and take the certificate, not follow rules, and come with the intention to fraud or
misrepresentation and affect the business activities.
TASK 4
P6 Recommendations about the legal solution based upon a different country's legal systems
Arbitration is one of the best method that helps to settle down the disputes between the
parties which can not settle down in the court. It is the best method of resolving the issue
between the parties because with help of this method anyone can escape from long procedure of
court. This is the best method to solve the disputes between the parties because in this method
party do not need to go to court for resolve their issue (Stemler, 2013). In this case, part takes
helps to the arbitrators and decision can made on the basis of arbitrator. With help of this
method, parties can escape to spoil their goodwill because in this method goodwill of them can
not spoil. The arbitrator is a person who provides the solution to both parties on the basis of their
matter. Arbitrator have to take decision according to matter of both parties. If any parties are not
satisfies with the decision of arbitrator then they can go to the higher court to change their
decision.
In the given case of AFG has been appointed as an arbitrator in order to settle down the disputes.
With help of arbitrator, AFG can take the fair decision related to their disputes and escape from
long procedure of court (Robson, 2015).
M4 Comparison about the effectiveness of these recommendations given to AFG oil corporation
Arbitration is one of the best method that helps to settle down the disputes between the
parties which can not settle down in the court. It is the best method of resolving the issue
between the parties because with help of this method anyone can escape from long procedure of
court. This is the best method to solve the disputes between the parties because in this method
party do not need to go to court for resolve their issue.
7

CONCLUSION
From this report it has been concluded that with assistance of business law, individual
can acknowledge criteria and way to run business enterprise and its various activities and
function. It consists with various regulation and legislation related to contracts, agreement,
human resource practices, sale and purchasing goods and services etc. Business law helps to the
organisation in protecting the business activities and functions from the illegal and unethical
activities. It has been also concluded that the supreme court is also known as the House of Lords
which have power to make major decision. The supreme court is only bound and restricted by its
own decisions which made in the previous cases. It has been also concluded from this discussion
that Arbitration is one of the best method that helps to settle down the disputes between the
parties which can not settle down in the court. This is the best method to solve the disputes
between the parties because in this method party do not need to go to court for resolve their
issue.
8

REFERENCES
Books and journals
9

10