Analyzing Legal Impacts on Business Operations

This assignment explores the multifaceted impact of laws on business operations, focusing on early-stage investments, hostile takeovers, product liability, right-to-work laws, and sustainability policies. Using a combination of academic sources and real-world case studies, students will analyze how these legal frameworks influence business strategies, ethics, and outcomes. Key topics include investment decisions, antitrust regulations, international business governance, taxation laws, and protest legislation.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Structure of the English legal system and different sources of laws that organisations must
comply with............................................................................................................................1
P2 Role of government in making law and application of common and statutory law..........4
TASK 2............................................................................................................................................6
P3 Employees legal obligations and employment and contract law impact for the scenario.6
TASK 3............................................................................................................................................7
P4 Appropriate legal solutions for Calvin designing business problem.................................7
P5 Justification for the actions in above cases.......................................................................9
TASK 4..........................................................................................................................................10
P6 Alternative Dispute Resolution process and legal solution for Antwon business problems
..............................................................................................................................................10
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
The laws imposed to govern a business are referred as the legislative norms which relates
with the undertaken guidelines of an entity’s business related operations in a specific nation. This
includes civil, common as well as statutory laws for all type of businesses to comply with.
Different sources of laws and English legal system is also accomplished with its structure. The
role played by both parliament as well as government in formulation of laws are discussed along
with different substitute sources of lawful advice for the learners. Employees legal obligations
are also explained briefly with legal solutions for each case of business problems with
justification. Finally, Alternative Dispute Resolution (ADR) procedure and legitimate resolutions
for Antwon case is discussed with justification.
TASK 1
P1 Composition of English legal system and distinct sources of laws that are needed to be
complied by the organisations
ENGLISH LEGAL SYSTEM
English legal system reflects legal system that describes civil law and criminal law. Civil
law includes court of appeal, district courts and high court of justice. In addition to this, criminal
law includes court of law, crown court and magistrate’s courts effectively. English common law
essence is created by the judges available in the court of law by relating legal standards and
statue with the help of preceding instances. Some verdicts are derived from legislature and others
are known as common laws which is created upon ruling preceding court. For instance, murder
as a crime comes under common law rather one which is formed by the parliamentary act.
Common law by parliament that murder now transmits a compulsory sentence for the entire life
rather than giving a death penalty.
UK court composition: UK’s supreme court, Senior law court of England and Wales, Law court
of petition, High court and crown law court are the main structure of UK courts. UK do not have
any distinct legal structure due to its formulation by the administrative union which is intended
by the previous self-governing nations. Furthermore, UK has 3 legal structures that are applied to
a specific topographical area. English law is applicable in England and Wales (Bernstein,
Korteweg and Laws, 2014). Decision of the UK supreme court and UK highest civil appeal court
is binding on any other court.
1

Supreme court: The supreme court hear the cases passed by high court and court of appeal.
Consumers who are not satisfied with the decisions of high court and court of appeal can pass
their claim to the supreme court effectively and efficiently.
High court: High court considered in three divisions such as family division, Chancery division
and the Queen bench division effectively. High court is also able to appealed to the court of
appeal and civil division.
2
Illustration 1: UK court structure

County court: County court is established to deal with the most complicated and simple civil
cases effectively. In this court cases are heard by the judges without any jury.
Crown court: The crown court deal with indictable, criminal and other cases which is usually
transferred by magistrate courts for the solution effectively. Judge and jury both are present in
the court during the case.
Magistrate court: Summary criminal cases are deal by the magistrate courts. Cases are solved
by three magistrates or a district judge in order to provide solution and results.
SOURCES
 Legislation: The legislation law is created by the parliament. The crucial sections of
legislation are parliamentary act. It is a UK assembly established in London. The
legislative rules depict the only law which is effectively applied in all 4 nations. UK
parliament is composed of the House of Lords and Commons. 650 members are
comprised by the House of Commons in parliament and each of them represent a defined
geographic constituency and the electors use 'first past the post' system for voting
effectively.
 Civil law: A person can complete a claim and send it to the suitable court in terms of
finding civil wrong committed by any organisation or individual effectively. The regional
court of law which is situated in 200 distinct locations, dealing with asserted dues which
is lower than £25,000 with dues that involve injury to a person with less than £50,000
(Cain, McKeon and Solomon, 2017).
 Statutes: It is applicable for those rules and regulations that are framed by the parliament
of UK and other decentralised parliamentary bodies. Such statutory are created by the
assembly. This is for instance, statutory law considered the act of Employment Rights
1996. Bill and a draft proposal is offered in the parliament and after the royal agreement,
it became effective.
 Law from the EU: The Law from EU are the common legislations which is made by the
member countries of European Union and associated with the rules and regulations of
organisation’s operations in European market of countries effectively. There are so many
laws which are originated from law from the EU such as trade union act, employment act,
import and export rules and environmental sustainability etc.
3

 Common laws: Common laws are considered as ancient laws of England which is based
upon society customs and enforced as well as recognised by the judgements of courts
effectively.
M1
English common law essence is formed by the juries available in law court with relating
lawful precedent and statue with the help of previous cases. Recently there are so many
developments are made in the UK that the rules and regulations are also changed according to
the reforms effectively. There are so many laws which are originated from law from the EU such
as trade union act, employment act, import and export rules and environmental sustainability etc.
D1
The legal system is also changed according to the situation. For an example there was a
death penalty for murder in the past and now it has changed into a mandatory life sentence. Thus,
the legal system is more effective now in terms of developments and reforms effectively.
P2 Government’s role in creating rules and applying both common as well as statutory law
The above scenario has reflected an effective role of government in formulating business
civil and criminal laws in nation. Additionally, organisations should also analyse the process
which is followed by the government for making statutory laws in business. There are two main
parliaments of boards which is House of Lords and Commons. The governmental body should
suggest regulations to face this in specific events in the society that determine the requirement of
legal regulations or rules as a statutory obligation for effectively managing legislation under
transformed observation. The government provisions include statutory documents which is
known as bill and it can be either common chambers or lords. For an example, taxation bills
begin from the house of commons.
 First reading: First reading is a phase where in the House of Commons, the statute is
read for the very first time and where it is also known to act as proposal of bill for an
effective initiation of the entire process.
 Second reading: Herein, peers as well as the MPs tends to discuss upon the principles
and provisions that are created by the government in a bill. MPs polling will be collected
at the end of this phase and if the statutory remains debatable, then it will be handed over
to the House of Lords without any voting.
4

 Committee phase: Members in the parliament consider this bill sequentially and the
changes has been proposed and identified on the basis of voting effectively. Finally, the
government makes some suitable changes as per the requirement of bill to accomplish
acceptance on bill with an accent of MP's.
 Report stage: In reporting stage, statute will be revised and relevant alterations will be
conveyed to the house. All those members who were absent in the foremost phase will be
asked to present their reviews for the bill and give their suggestions and modifications for
the bill (Carr, 2015).
 Third reading: In the third reading, MPs makes debate and discussion on bill and make
votes for the final submission of bill. Apart from this, revisions may still be announced.
 Phase of approval: Bill sanctioned from one chamber is needed to be presented to
another chamber by the administration for approval. Procedure remains same for the
approval of bill where both commons as well as the lords agrees for the last shape of
statute before it comes under the act.
 Conversion in to act: Bill approved by both houses received an approval from royal
assent and they provide approval with the help of minister advice. Finally, the bill is
transformed into a regulation and effectively considered as a parliamentary act.
 Submission of constitutional law: Statutory law is validated by the administration with
assistance of converting private and public statutes into effective laws. With respect to it,
enactment of these laws is made for the business to regulate and establish their operations
within the country. For an example, establishing a new occupation of school, certain laws
are required to be abided by ESBM like payment of wages, companies act, employment
rights and acts related to employees’ insurance, etc. It is effective for the business to
follow such acts.
 Application of commercial law: There are certain laws which relates to the business
between two or more firms, nations and consumers. It will include legislations such as
Sales of Goods Act 1979 which is applicable for the product and service sales by the
business. Apart from this, ESBM consider establishing a registered business which can
comply with these legislations effectively. These laws are applied by the government
with help of making draft bills for executives for acceptance (Ferrell and Fraedrich,
2015).
5

 Queen of royal assent: After completing all the stages, the bill finally comes under the
royal assent, which agrees to make the bill as an act of parliament. The lord
commissioner announce that the bill is passed by the royal assent at the ned of the session
effectively. Bill approved by both houses received an approval from royal assent and they
provide approval with the help of minister advice.
TASK 2
P3 Employees legal obligations and employment and contract law impact for the scenario
A). Health and Safety Act 1974: This parliamentary act is an important part of UK’s health and
safety regulation. The act ensures the employees' health and safety regarding issues within a
business.
 Safety of operations and maintenance of working environment, systems and plants.
 Safely handling and using any risky machines or equipment.
 Sufficient training of management to make sure that the employees are safe.
 Welfare provision for members at work place.
 Appropriate health surveillance (Fox and Fox, 2016).
Workmen's Compensation Act 1897: The act describes the compensation rest for employees at
workplace. Employees are eligible to manage their work from home or on the next day due to
some valid reasons.
 Compensation policies and plans for employee’s needs.
 Compensation for injured employees.
 Occasional leaves and medical compensation.
 Clinical outcomes for patients with workers in terms of compensation.
Harassment Act 1997: The act secure employees’ rights towards their harassment. Thus,
business cannot harass any employee to work hard or cannot threat him/her towards work or any
sexual harassment.
 Security from all types of harassments such as sexual, extra working or any threats.
 Raising awareness for physical, psychological and sexual harassment.
 Providing a clear statement of harassment and violence not to be tolerated.
 Assessing the risk towards employees including risk of reasonably foreseeable violence.
6

Equality Act 2010: This act support employee in the business that they all have access to be a
part of acquiring equal opportunities including pre-employment phase. The equality should be in
age, sex, disability, gender, religion and race.
 Equal chance to apply and selected for pre-employment phase.
 Equal chance to be trained and promoted within the firm.
 Equal chance to their employment termination and fairly.
B). Health and safety act 1974: The main purpose of health and safety act is to protect
employees at workplace regarding their health and safety issues. From the scenario, it can be
understood that the girl working in fast food outlet of cooking fries is only 16 years old and she
is a child labour which is illegal for the firm. The leaders were also not monitoring workplace
safety that the accident happen and she burns her left forearm and hand (Heinrichs and Laws,
2014). The health and safety act describe that the girl should be treated medically by the firm and
also, she has rights to claim against the firm if they do not provide medical or hospitality for her
damage. The child labour act will be applied on the firm and leader have to answer, why they
were using such child for their work. Thus, the firm should provide her hospitality and also need
to consider that they will never use such child labours for their work. The Employment Right Act
1996 also applies for this situation to claim the insurance for her physical damage. Thus, the firm
also need to secure their machinery maintenance which causes this accident. The machine was
leaking and due to the ice water, the girl slipped and damage was done for her. Thus, the firm
was also unaware of its dangerous machines which can cause such type of accidents instantly.
The health and safety act will be applied effectively for this situation which include all the
negative elements of this accident and have to treat the girl and make sure the mistake will never
happen again.
M2
The impact of legislation, regulation and standards is that the girl is secured through the
Health and safety act which helps her to be facilitate by organisation in terms of medical fees and
other bearings. The health and safety act will be applied effectively for the scenario which
include all the negative elements of the accident and have to treat the girl.
7

TASK 3
P4 Appropriate legal solutions for Calvin designing business problem
In the first case, Calvin is working in a fashion store for 4 years and on Monday morning,
the owner of the firm Donna arrives at work and find Calvin acting suspiciously. When she
checked the situation, she found £100 less in the petty cash box. This made her furious and angry
about the activity that she instantly called Calvin and terminate him by calling him a thief
without any notice or examining other workers in the store. Hence, the owner Donna is in a fault
for terminating Calvin from her store without any investigation and giving him permanent
dismissal letter as per the law. Thus, Calvin has rights against this wrong termination and also to
not feel guilty about this. According to the Employment Act 1996, Calvin has a chance to request
the court for proving him innocent for such condition. Apart from this, even if he found as a thief
or feels guilty, the owner has to give him a notice of one-month period towards his termination.
Thus, the termination of Calvin will be marked as unlawful offence. Calvin has legal rights to
claim and take action against owner Donna for this unfair termination or dismissal. The owner
should have to ask other employees for this activity and also need to check the process of
missing £100 from the cash box. Thus, Calvin is liable for taking action and also to not feel
guilty about this as well as the rightful compensation and apology from Donna for this unfair
dismissal (Hicks, LaFaive and Devaraj, 2016).
Unfair and Wrongful dismissal: A wrongful dismissal is all about a dismissing in
breach of any agreements or contracts and only the liable considerations for court will
be hear as a claim towards the employee obligation such as Calvin who is terminated
by the owner Donna. The legal rights suggests that there are no provision to dismiss
anyone wrongfully and unfairly effectively. Apart from this, it is a statutory instead of
contractual right efficiently.
In second case, Mr, Dan who is father of Kevin and also owner of a convenience store,
faced loss of fire which destroyed his shop instantly and completely. He opened a new store at a
different location and claimed for fire insurance for its previous firm. In the insurance or
proposal form, when he was asked by the insurance company whether he had made any
insurance claim within past two years. Due to the insufficient knowledge, Mr. Dan thought that
he had made the claim 24 months ago but actually it was 23 months ago. Now, when his new
store also burned from fire, Mr. Dan suffered from a big loss. Thus, Mr. Dan is not eligible for
8

claiming his insurance and will not receive loss claim from the insurance company. Here, the
Contract Act 1950 states that while making an agreement both the parties need to provide
accurate and correct information to maintain the integrity of the claiming agreement. Mr. Dan
has not conducted right information about the insurance claim and also provide wrong
information to the insurance company. Thus, he is not liable as per the law to bear his losses and
pay by the insurance company (Picciotto and Mayne, 2016).
Three types of misrepresentations
Fraudulent misrepresentations: The misrepresentations of fraudulent is arises when
a party informed the contract make the false of fact which allow any other party to get in
the contract.
Negligent misrepresentations: In the negligent misrepresentation when a party try to
involve any other party into the contract which has responsibility to assure that which
can take care of truth in any representation effectively and efficiently.
Innocent misrepresentations: The innocent misrepresentation is about
misunderstanding of any person who think the data and information provided by him is
right but not according to the agreement and policy effectively.
M3
The legal solution for both cases is the Employment act 1996 and Contract act 1950. the
positive impact that Calvin can claim against the owner and the negative impact that Mr Dan is
not liable for taking the benefits from insurance company.
D2
The use of Employment act will enable Calvin for proving him innocent and Contract act
for Mr Dan who provided wrong information will not force for the claim that insurance company
can make a claim against Mr Dan effectively.
P5 Justification for the actions in above cases
In the first case of Calvin, who is terminated by the owner Donna, we are able to justify
that without any notice, Donna makes a mistake for dismissing Calvin from his job without any
information, doubt or suspicious. Mrs. Donna should have knowledge of laws that terminating an
employee in terms of doubt or suspicious things is unfair and also illegal that Calvin is liable for
taking action against owner or making claim in the court. Calvin was working in the business for
4 years without any complains and issues, which definitely proves that he was a good and loyal
9

employee for the firm. Thus, his dismissal from the firm without any investigation or information
was wrong and unfair for him as per the employment law effectively. In such type of cases,
employer is responsible for the investigation and taking information from other employees in the
firm if he or she found something wrong or suspicious. After that the owner is liable for taking
action against the employee, if something is wrong with giving him or her a one-month notice
period of termination (Laws, 2015). But in this case, the owner terminated Calvin from the firm
without any information which makes him liable for appropriate compensation and apology from
the owner Mrs. Donna.
In the second case, where Mr. Dan claimed for insurance for the losses of his
convenience store because of fire which the insurance company rejected to pay. According to the
contract law, both parties need to provide correct and appropriate information to avoid such type
of confusions and condition effectively. It is mentioned as a criminal offence against the law if
any party fails to provide correct information. Due to the insufficient knowledge, Mr. Dan
provides wrong information about his previous insurance claim which was made 23 months ago
instead of 24 months. After the loss, he gives wrong answer to the proposal agreement which
was an assumption. Thus, this will make him responsible for the rejection of insurance company
towards paying his losses. For a proper insurance claim, Mr. Dan should have to recheck his
agreement and remove the confusion of dates before applying for the new claim. Thus, the
insurance company is right on their place and will not pay Mr. Dan for his losses which is right
according to the agreements and contract laws.
This is justified for both Calvin and Mr. Dan cases that Calvin was right and able to take
action against the owner and Mr. Dan, who provides wrong information to the insurance
company is not liable to take benefit of insurance. Thus, in case of Calvin, Employment Right
Act 1996 is applicable and The Contract Act 1950 is applicable for Mr. Dan effectively (Scott,
2016).
TASK 4
P6 Alternative Dispute Resolution process and legal solution for Antwon business problems
A). ALTERNATIVE DISPUTE RESOLUTION PROCESS
Alternative Dispute Resolution (ADR) process is way of resolving problems which arises
between traders and consumers which do not involve the court process. The government also
want to encourage the process of ADR that it is an easier access and good for all kind of
10

businesses who are committed to give effective and possible service for their customers. Thus,
the problems are resolved with the interaction between firms and clients and the court does not
have to manage such type of disputes. Here are some forms of ADR process discussed below:
 Conciliation and mediation: Mediation and conciliation are usually free to use and often
offered before arbitration because they both are less formal. Conciliation try to focus
upon wants of both traders and customers, which finds a way to solve the problems to
keep both parties happy. Mediation focus more on the disputes and problems and try to
solve them effectively (Seligson, 2017).
 Adjudication: It is independent and also less formal than arbitration as well as free to
use. Adjudication focus on the written evidence which is completed by trader and
customers to make a decision. It is an expert to focus on areas which are causing
problems or complaining about and also approved by the charted institute of arbitration.
 Arbitration: It uses an independent arbitrator, usually from the CIARB to make an
effective decision about customers complain. The arbitration is based upon paper
evidence which is sent by customer and trader. Decisions are legally binding and
customer is not able to go to court if he is not satisfied with the outcomes generated by
arbitration later (Simons, 2014).
B). There are different types of disputes occurred between two parties. A major dispute has
arisen between Antwon and Tyrell. Tyrell makes computer software for Antwon. The employees
of Antwon are not satisfied with the service of Tyrell that a dispute arises between these parties.
In this case, the most appropriate and effective solution as per the legal system is contract act
1950 in which Antwon can make a claim against Tyrell in the court for not providing the
appropriate software for its employees. The alternative legal advice for both parties is mediation
or conciliation. Mediation or conciliation is a process where a person is appointed by both parties
which do not have any relation with them and he works for analysing evidence and arguments of
both parties for providing accurate and appropriate solution or suggestion (Smith, 2017). It will
help them to save time and compensation of both parties and remove the dispute while going to
the court. For example, mediator between Antwon and Tyrell will analyse the report which
considered that the Antwon has refused to pay as per the contract because they are not receiving
appropriate software for their workers. Then, mediator will understand the report, why computer
software is not appropriate for Antwon firm and make suggestion for Tyrell business, weather
11

the software is changed or something wrong in it. This will help both parties to understand their
problems. This will include some legal alternative sources such as legal advisor, consultant
companies and citizen advice office which will help them to make decisions or suggestion
according to the legal objectives.
M4
ADR process and mediation both are the effective recommendations for Antwon and
Tyrell to run their business effectively. This will help them to solve their problems without
having the court procedure.
The legal solution for the case is contract act 1950 which allows Antwon to make a claim against
Tyrell for not providing the appropriate software. This will help them to prove Tyrell wrong and
will accomplish the main objective to acquire the best software as in past. Apart from this,
mediation in alternative dispute resolution process will also help them to solve their problems
which will be done by a mediator effectively. Thus, both are the legal and alternative solutions
for Antwon and Tyrell which will help them to make a legal solution for problem.
CONCLUSION
It is concluded from the report that English law is stated to be a constitutional system of
legitimacy which is ruling Wales and England to consider 2 main kind of laws, namely civil and
criminal law. The governmental bodies together play an important part in formulating the rules
to accordingly govern the business, civil and crime related regulations within the country.
Businesses are highly prone to any kind of legitimate alteration and terms decided by the
government and trade unions. Along with this, UK laws structure and sources are discussed.
Furthermore, the given study examines the potential impact of different laws and their
implementation in UK under different cases and circumstances. Beside this, different sort of
legitimate resolutions has been discussed for the given cases along with their justifications.
12

REFERENCES
Books and Journals:
Bernstein, S., Korteweg, A. and Laws, K., 2014. Is it Just the Idea that Matters? A Randomized
Field Experiment on Early Stage Investments. Standford Working Document, pp.1-45.
Cain, M.D., McKeon, S.B. and Solomon, S.D., 2017. Do takeover laws matter? Evidence from
five decades of hostile takeovers. Journal of Financial Economics, 124(3), pp.464-485.
Carr, N., 2015. The Impact of Changing Products Liability Laws on Channel Members. In The
1980’s: A Decade of Marketing Challenges (pp. 303-303). Springer, Cham.
Ferrell, O.C. and Fraedrich, J., 2015. Business ethics: Ethical decision making & cases. Nelson
Education.
Fox, B.E. and Fox, E.M., 2016. Foreign and Transnational Mergers and Joint Ventures Under
the United States Antitrust Laws (Vol. 2). Corporate Acquisitions and Mergers.
Heinrichs, H. and Laws, N., 2014. “Sustainability state” in the making? Institutionalization of
sustainability in German federal policy making. Sustainability, 6(5), pp.2623-2641.
Hicks, M.J., LaFaive, M. and Devaraj, S., 2016. New evidence on the effect of right-to-work
laws on productivity and population growth. Cato J., 36, p.101.
Laws, D., 2015. The School Staffing (England)(Amendment) Regulations 2015.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
Scott, A., 2016. EU laws cost chemical sector $12 billion per year.
Seligson, M., 2017. The retrospective operation of statutory amendments to taxation laws:
interpreting the amendments to section 8EA of .the TLAA, 2016. Business Tax and
Company Law Quarterly, 8(1), pp.21-29.
Simons, J., 2014. The end of 'unfairness' in commercial contracts: Proposed extension of 'unfair
contract terms' laws to business transactions. Governance Directions, 66(7), p.431.
Smith, K., 2017. High Court challenge to Tasmania's draconian anti-protest laws. Green Left
Weekly, (1136), p.4.
13