Legal Aspects of Business Operations

This assignment delves into the complex world of international business law and ethics. It requires students to analyze various legal perspectives on business operations, including international trade law, corporate governance, and jurisdiction in international disputes. The assignment also explores ethical considerations in global business practices, drawing upon case studies and relevant theories.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 English legal system structure and various sources of law...............................................1
P2 Role of government in making laws and application of common and statutory law........2
TASK 2............................................................................................................................................4
P3 Legal obligations of employees and application of law for the scenario..........................4
TASK 3 .........................................................................................................................................5
P4 Legal solutions for Calvin and MR Dan cases..................................................................5
P5 Justification for both Mr Dan and Calvin cases................................................................6
TASK 4............................................................................................................................................7
P6 Alternative dispute resolution process and alternative legal solution for Antwon and Tyrell
................................................................................................................................................7
CONCLUSION ...............................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
The legal system helps organisations, employees and people to secure their
rights and protection against illegal activities. The report covers the English legal system
and different sources of laws. The role of government for making laws will be discussed
in this report. Employees legal obligations are assessed with a scenario in this report
effectively. Legal solutions for both Calvin and Mr Dan cases is also assessed in this
report with their justifications. Finally the report covers the Alternative Dispute
Resolution process and alternative legal solution for Antwon and Tyrell.
TASK 1
P1 English legal system structure and various sources of law
ENGLISH LEGAL SYSTEM STRUCTURE
English legal system includes civil and criminal law which is applied in England
and Wales effectively. Both criminal and civil laws have their own branches, courts and
procedures to solve the claims provided by ordinary people. In respect to this, court of
appeal and court of justice considered by the civil laws. United Kingdom has not
separate legal system that it is formulated by the political unions which is developed by
previous independent countries efficiently. There are three legal system which is applied
in United Kingdom at a particular geographical area (Adams, 2015). The common law
from English legal system is managed by the present judges in the courts. Judges in the
court uses the precedent and legal statue to solve the cases. There are some certain
rules which are derived from legalisation and others are known as common laws
effectively.
SOURCES
 Common law: Common laws are based on ethical customers and also
considered as an ancient law which is applied in England effectively. This will be
enforced and recognised by the judgements made in courts efficiently.
 Law from the EU: The law from EU are the common laws which is managed by
the members of European Union countries and this is also assessed with rules
and regulation to be followed by the organisations in their operations at markets
of European countries effectively. There are some laws which is originated with
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law from EU such as Employment act, Trade union act and rules for import and
export.
 Statutes: Statutes are used for those laws which are formulated and developed
by the parliaments of UK. The laws of statutory and statutes is also originated wit
parliaments. Employment rights act 1996 is associated with the statutory laws.
Drafts and bills proposals are provided to parliament first then after to royal
assent for passing and approval (Bawa, Audette and Reese, 2016).
 Civil law: Civil laws are made for the ordinary people in case if they find any
discrimination or wrong commitment from any kind of business that they are able
to make a claim against it in civil courts effectively. The court manage cases less
than £25000 and assess injuries less than £50000.
 Legislation: The legalisation laws are created by legislature. The crucial part of
legalisation is act of parliament and it is based on UK parliament. UK parliament
considered house of lord and house of common. 650 members are involved in
house of common and each of them defines a geographic constituency. Voters in
the parliament use the 'first past the post' method for voting effectively.
 Role of Barristers: A barrister is the person who helps to provide legal advice
for the problem and also represent businesses and people in the court for
solution effectively. Barristers provide advices for the parties to solve their
problems in an appropriate way and manner.
 Role of Solicitor: The Role of a Solicitor is not simple as it look likes. He is a
legal professional who provide guidance to the business operations which is
related to the judicial and different cases effectively and efficiently.
 Role of Judges: The judge is a person who communicate with the lawyers in the
court and also listen the case carefully with written and tangible evidences
effectively. The final decisions are also made by the judges sitting in the courts
according to the provided evidences.
P2 Role of government in making laws and application of common and statutory law
Every organisation should follow the rules and regulations which is developed
and formulated by the government in order to make the statutory laws. There are some
legalisation which should be managed by the government in order to face the society
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issues and events. It shows the requirement of statutory laws which should be managed
under reform observation. The documents of statutory laws are also known as bill and
government provisions. The process for approving a bill and passing it to become an act
of parliament is discussed below:
 First reading: This is the first step where the bill is read for the first time. The
process begin with house of common and act as a proposal of bill effectively and
efficiently.
 Second reading: In this step the proposal and provision of bill is discussed by
the peers and MPs which is created by the government. In case if any
controversy arises for the bill than it will be passed to the house of lords without
any voting process. MPs voting will be taken at the last stage (Bouncken,
Komorek and Kraus, 2015).
 Committee stage: The bill is sequentially managed by the parliament members
and changes in bill will be proposed and identified with the help of voting process
effectively. Finally, the government make some effective changes in the bill
accordingly to achieve the acceptance of bill within the accent of MPs.
 Report stage: In this stage, the changes in the bill is reported to the appropriate
house and parliament members provide their opinions and reviews for the bill.
Members who are not involved in the previous stage will also provide their
opinions and suggestions to make any further changes in the bill.
 Third reading: In the stage of third reading MPs made a debate and discussion
on the bill. This will help to assess any effective changes to be made for the bill.
Final submission of the bill considered the voting system.
 Stage of approval: In this stage, the bill is approved by one chamber will be
represented to other chamber for the acceptance (Burton and Karlinsky, 2016).
The government accept the bill with the approval of both house of lords and
commons and provide the final shape before it becomes an act of parliament
effectively and efficiently.
 Conversion into act: The bill is approved by both house of commons and lords
and also get an approval from royal accent. The royal accent provide the final
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submission of bill with the help of minister advice. Finally, the bill is ready to
become an act of parliament or law effectively.
 Application of statutory law: Private and public bill helps government to apply
the statutory law to covert them as am law effectively. In respect to this, the
government made law's enactment for the organisations to manage their
business operations and activities under the rules and regulations within a nation
(Wolfe Jr and Pittenger, 2016). Every new organisation should follow the rules
and legalisation made by the government such as Employment right act,
companies act, and payment of wages act etc.
 Application of commercial law: Commercial laws are the certain laws which is
applicable for two or more than two firms, nations and consumers effectively.
Commercial law such as Sales and Goods act 1979 which is applicable for
products and services produced by the organisations. Thus, businesses should
follow the commercial laws for managing their business activities and operations
efficiently.
TASK 2
P3 Legal obligations of employees and application of law for the scenario
(A)
Health and Safety Act 1974: The act protect employees working in the businesses
towards their health and safety at workplace effectively. This will help them to ensure
their security from any kind of harmful activity during the work or at workplace.
 Safe use of dangerous equipments and machineries at workplace.
 Health and safety surveillance for the workers (Veblen, 2015).
 Working environment suitability and maintenance with effective strategies.
 Health and safety training programs.
 Welfare provision for employees at workplace.
Compensation Act 1897: This act will help employees towards their compensation
benefits such as managing work from home in case of injuries or illness effectively. This
will help them to complete their work from home or through out the next day.
 Compensation benefits in terms of injuries and illness.
 Plans and policies for occasional leaves and essential compensation.
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 Compensation for medical and leaves.
Harassment Act 1997: This act will secure employees from their harassment activities
towards their work or at work place effectively. The act defines that no one in the
organisation can harass any employee efficiently.
 Provide security towards harassment and activities related to the harassment.
 Extra working, sex, religion etc. (Chow and Schoenbaum, 2017).
 Awareness towards sexual, psychological and physical harassment.
Equality Act 2010: The act ensure employees that all are treating same towards their
work or any other activity by the management and organisation. Equality will be in sex,
religion, gender, disability etc. and effectively.
 Equal opportunities for selecting pre-employment phase.
 Equal promotional activities and training.
 All the employees termination with fair decisions.
(B)
Health and safety Act 1974: The health and safety at ensure employees towards their
securities from work and workplace activities (Siedel, 2016). It can be said from the
scenario that the girl who is working in a fast food outlet of cooking fries organisation is
just 16 years old which is a illegal activity managed by firm managers. The girl working
for frying fries is 16 years old and will be mentioned as a child labour effectively. The
accident happens due to the lack of effective monitoring of leaders at work place that
the ice machine was leaking and the water was all around the girl. The girl slipped from
the leaking ice water and got burned on her left hand and forearm (Djankov, 2016). The
health and safety act will be applied for this situation that leaders are responsible for
providing medical facilities to the girl. The Employment act will also applied that the girl
working is a child labour and the organisation is in a fault for using child labour at
workplace. The leaders should also be aware of such machines which can cause the
accident effectively. In case if the leaders were paying their attention will able to stop
the girl from walking on the floor. Thus, the organisation should provide medical facilities
to the girl and she is also able to make a claim against firm in case they refuse to bear
her medial charges.
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TASK 3
P4 Legal solutions for Calvin and MR Dan cases
In the first case, Calvin who is working in fashion outlet for 4 years. One day the
owner of the firm Mrs Donna arrives at work and found Calvin acting suspiciously which
makes her furious (Schwartz, 2017). She instantly checked the petty cash box and
found that £100 is missing from it. This thing made her angry and she called Calvin and
dismissed him from his job calling by a thief without any notice or investigation. This is a
wrongful and unfair decision made by the owner Mrs Donna that Calvin is liable for
making a claim against Donna for such wrongful termination. The Employment act 1996
will be applied for this situation which enable Calvin to claim against the owner for
proving him innocent and not to feel guilty about this effectively. Calvin has legal rights
to prove him innocent (Gaillard, 2014). Mrs Donna is in a fault for such a wrongful
dismissal and also allow Calvin to make a claim against her in the court. Mrs Donna
should ask other employees in the firm about the activity that she instantly dismissed
Calvin from his job which is wrong and unfair for him effectively.
Unfair and Wrongful dismissal: A wrongful dismissal is all about a termination in
breach of any agreement or contract and only the appropriate consideration for courts
will be hear as a claim towards the employees obligations such as Calvin who is
dismissed by Donna. The rights are not to dismiss anyone wrongfully and unfairly
effectively. Apart from this, it is a statutory instead of contractual rights efficiently.
In the second case, Mr Dan who is a owner of convenience store and also he is
the father of Kelvin. Mr Dan faced a heavy loss from fire in his store which destroyed
everything completely. Thus, Mr Dan opened a new convenience store at a different
place and applied for fire insurance to the insurance company. The insurance firm
refuse to bear the losses of Mr Dan convenience store that in the documents it was
asked by the insurance company that whether he has made a claim within past two
years. Mr Dan provide them wrong information that there are no claims applied by him
within past 2 years. He thought the claim made by him is more before than 2 years but
in actually it was 23 months ago (Hornuf and Schwienbacher, 2016). The Contract act
1950 will be applied for this condition, which says both parties Mr Dan and insurance
company should provide correct and accurate information as per the documents. Mr
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Dan provided the wrong information due to the insufficient knowledge. In this case, Mr
Dan is in a fault for providing wrong data which enabled insurance company to refuse
the amount of insurance. The company is also able to make a claim against Mr Dan for
providing them wrong information and breaking the contract agreement effectively.
Thus, the insurance company will not bear the losses and have legal authorities to claim
against Mr Dan (Ryngaert, 2015).
Three types of misrepresentations
Fraudulent misrepresentations: The misrepresentations of fraudulent is occurs when
a party knowing the contract make the untrue of facts which allows other party to enter
in the contract.
Negligent misrepresentations: In the negligent misrepresentation a party who tries to
induce another party to in a contract which has duty to ensure that which can take care
of accuracy of any representation effectively and efficiently.
Innocent misrepresentations: The innocent misrepresentation is all about
misunderstanding of a people who thinks the information given by him is right but it is
not according to the agreements and policies effectively.
P5 Justification for both Mr Dan and Calvin cases
It can be justified from the case of Calvin that he is able to make a claim against
Donna in the court for proving him innocent. Donna who is the owner of a fashion store
dismissed his employee Calvin calling by a thief. The owner Donna should investigate
the situation with other employees working in the store effectively. The owner called
Calvin and dismissed him instantly by calling him a thief without any notice or providing
time to prove him innocent (Kadish, Schulhofer and Barkow, 2016). This is a illegal
activity made by the owner which allow Calvin to make a claim against her for such
wrong decision. Calvin is working since 4 years in the store which proves that he is a
honest and capable employee in the firm and has legal rights according to the
Employment act to make a claim in the court and not to feel guilty about the situation.
The owner is in a fault and should apologised for the wrong decision and termination. In
case, even if the Calvin was found as a thief, Mrs Donna should ask other employees in
the firm and investigate the situation to justify the person as a thief. She made the
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decision on the basis of doubts that she did a mistake with terminating Calvin from his
job. It can be justified that Calvin can make a claim against Donna in the court for such
a wrongful dismissal and should get proper compensation for that. Donna who is in a
fault can apologise and investigate the situation effectively (Posner, 2016).
It can be also justified for Mr Dan case that he is owner of a convenience store
faces loss from fire in his store. He also opened a new store at a different place and
applied for fire insurance effectively. Due to the insufficient knowledge of insurance
agreements he claims that he did not make any policy within past two years related to
the insurance but in actually it was made by him 23 months ago. According to this Mr
Dan provided wrong information to the insurance company. Thus, insurance firm refuse
to bear the losses of his previous store. Mr Dan faced heavy losses when the new
convenience store also burned from fire. As per the agreement Mr Dan provided them
wrong and incorrect information (Kötz, 2017). In this case the contract act will be
applied for this which says that both parties Mr Dan and insurance company should
provide correct and accurate information as per the documents. Mr Dan provided the
wrong information due to the insufficient knowledge.
Thus, it can be justified from both Calvin and Mr Dan cases that Calvin has legal
rights to claim against Donna for such a wrong dismissal according to the Employment
act effectively and efficiently. Mr Dan who provided the wrong information due the
insufficient knowledge is not able to receive the insurance amount from insurance firm
according to the Contract act.
TASK 4
P6 Alternative dispute resolution process and alternative legal solution for Antwon and
Tyrell
(A)
ALTERNATIVE DISPUTE RESOLUTION PROCESS
Alternative dispute resolution process is used to solve the issues and problems
occurred between two parties which will help them to reduce the chances of making
claim against each other in the court effectively (McGee, 2016). The government also
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encourage the ADR process that it will help them to not solve such little issues which
can waste the time of court. The method creates an interrelationships within parties for
assessing and solving the issue and problems efficiently.
 Conciliation and mediation: These two are effective as well as free to use
which will help two parties to solve their issues and problems and also it is less
formal than arbitration. The method solve the problems and makes both parties
happy.
 Adjudication: Adjudication is based on the written documents which is provided
by both parties which can be agreement or any other paper which describes the
contact between them or problem effectively (Moncada and Moncada, 2014).
The process is also free to use and less formal than arbitration. It is also
approved by the charted institute of arbitration. The method focus on areas which
causing the problems.
 Arbitration: Arbitration used the arbitrator for solving the problems which
analyses the problems and issue between parties and try to solve them with
paper evidence and documents effectively. Arbitrator is legally bind that the
decisions he made is the final and last for the firms and they can not make any
claim in the court in case they are not satisfied with the results.
(B)
Antwon is a large investment firm and have a effective relationship with Tyrell
which provide computer software for Antwon employees effectively. The employees
uses the software for the market predictions (O'kelley and Thompson, 2017). A dispute
has occurred between these two that employees in Antwon are not satisfied with the
software programs provide by Tyrell for a few weeks. The alternative legal solution for
this situation is mediation. In this process, a mediator will be appointed for solving the
dispute with both parties satisfaction. The mediator will analyse all the situation,
documents and problems and will find a better solution for both firms. This can be also
done by both companies with other alternative sources such as legal advisor,
consultancy firms, citizen advice officer etc. This will help them to solve their dispute
and maintain the relationship for doing business in the future effectively (Porter, 2015).
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CONCLUSION
It can be concluded from the above report that English legal system is applied on
UK, England and Wales by including Civil and Common laws and courts. The
government play an important role for passing the bill and help it to become an act of
parliament. Employees legal obligations will help them to secure their health and safety,
harassment, compensation and equality. The case of 16 years old girl with health and
safety act. Both Calvin and Mr Dan cases and their legal solution in terms of
Employment and Contract act with justification effectively and efficiently.
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REFERENCES
Books and Journals
Adams, K.A., 2015. The Phrase Represents and Warrants Is Pointless and
Confusing. Business Law Today, 2015(10), pp.1-4.
Bawa, R., Audette, G.F. and Reese, B. eds., 2016. Handbook of Clinical Nanomedicine:
Law, Business, Regulation, Safety, and Risk (Vol. 2). CRC Press.
Bouncken, R.B., Komorek, M. and Kraus, S., 2015. Crowdfunding: The current state of
research. The International Business & Economics Research Journal
(Online), 14(3), p.407.
Burton, H.A. and Karlinsky, S., 2016. Tax professionals' perception of large and mid-
size business US tax law complexity. eJournal of Tax Research, 14(1), p.61.
Chow, D.C. and Schoenbaum, T.J., 2017. International Trade Law: Problems, Cases,
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Djankov, S., 2016. The Doing Business project: how it started: correspondence. Journal
of Economic Perspectives, 30(1), pp.247-48.
Gaillard, E., 2014. Transnational Law: A Legal System or a Method of Decision
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Hornuf, L. and Schwienbacher, A., 2016. 15 Crowdinvesting: angel investing for the
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Kadish, S.H., Schulhofer, S.J. and Barkow, R.E., 2016. Criminal law and its processes:
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Kötz, H., 2017. European contract law. Oxford University Press.
McGee, R., 2016. Business in the Global Community.
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associations: cases and materials. Wolters Kluwer Law & Business.
Porter, T.R., 2015. The school-to-prison pipeline: The business side of incarcerating,
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Ryngaert, C., 2015. Jurisdiction in international law. OUP Oxford.
Schwartz, M.S., 2017. Business Ethics: An Ethical Decision-making Approach. John
Wiley & Sons.
Siedel, G.J., 2016. The three pillar model for business decisions: Strategy, law and
ethics. Van Rye Publishing, LLC.
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