Business Law Assignment - Different Sources of Law
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Added on 2020-11-12
Business Law Assignment - Different Sources of Law
Added on 2020-11-12
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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1Different sources of law...............................................................................................................1The role of government in law making and how statutory/ common law is applied in thecourts............................................................................................................................................2Role of Government in Law Making...........................................................................................2TASK 2............................................................................................................................................4Illustrating the manner i, Employment and Contract Laws impact Kango and what is thedifference between employed and self employed........................................................................4TASK 3............................................................................................................................................5Evaluating the types of business organisation available with K..................................................5TASK 4............................................................................................................................................6Recommand the legal solutions to resolve the area of dispute....................................................6CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9
INTRODUCTIONLaw can be described as the rules and regulations that govern the behaviour of humanbeings within a given section of civilization or society. It is interesting to note that such legalrestrictions are formulated and imposed by humans themselves which are subjective toappropriate changes as and when the need arises.The main purpose of this report is to look at thenature of legal system, illustration of potential impact that law has over a given organisationwhich here relates to Kango (K). There will be the discussion about the sources of law which isfound in Great Britain. In addition, various types of organisation will be explained and how theyare legally formed. Whereas in the ending segment, there will be detail explantation ofAlternative Dispute Resolution through which dispute in KANGO can be solved. TASK 1Different sources of law The principle of UK says that Parliament is a sovereign body and each and every rulesand regulation must be followed which are enforced by them. At present, not a single body havethe power to raise question against law which are commenced by Parliament. United Kingdomhas three separate legal systems for separate countries. For instance, the legal system of Englandand Wales differs from that of Scotland as well as Northern Ireland (Aggrawal, 2016). EnglishLaw is one of the major European Legal Systems present in the world with most of it spreadacross other countries such as Canada, Australia and New Zealand. The English legal system canbe broadly classified into two categories viz. Primary and Secondary Sources. These have beenexplained below in detail:Primary Sources of Law:These sources refer to the legislations or laws itself and, hence, can be said to be the original andauthoritative statements of jurisdiction. The main components of this category can be furtherclassified into the following segments:Legislation:This section also includes the draft legislations or bills. Theselegislations can be mainly divided into Primary and Delegated Legislations. Theformer includes Statutes or Acts that are created and enforced by the Parliamentitself laying out the general intention of government for a particular field. Thelatter category of Delegated Legislation include the statutory instruments1
formulated by those in authority which represent the Parliament itself laying outexactly what a particular Statute or Act would entail in order to be complied with.Case Laws: This section talks about the important decisions that have beencarried out by the Higher courts or 'Courts of Record' in the past and which havehad a substantial impact on the way a particular statute or Act works in thepresent case scenario (Bhatia, 2014). These are also known as 'Law Reports'. It isworthy to observe that the Doctrine of Judicial Precedents binds one to follow asapply such reports for future decisions.Secondary Sources of Law:These sources refer to those pieces of legal work that are present in exclusion of primary sourcesof law. The main components of this category can be further classified into the followingsegments:Textbooks: Forany legal system, textbooks prove to be a great source forresearch and gaining insights regarding a particular law. These includes bookswritten by students as well as academicians in addition to commentaries providedby legal writers regarding important topics. Legal Experts' Opinions: Opinions of Legal Experts can provide freshperspective to a certain statute or law. Thus, ensuring that a person is able to lookat even those aspects which have been covered in the given legislation.Court Decisions: The last secondary source of English Legal System are thedecisions given by courts be it a higher court of similar jurisdiction or any othercourt of a foreign jurisdiction regardless of its seniority. These help inidentification of unique cases in pursuant of a given law and help in referencing orevidencing of future decisions.The role of government in law making and how statutory/ common law is applied in the courts.Role of Government in Law MakingThe main role of government in law-making is to ensure that any law created is representative ofcitizens' interests (Combe, 2012). This is mainly due to the fact that government has the power toapprove, amend and reject a given draft which has been represented in the Parliament as a DraftLaw. It is important to take into account the fact that role of government may vary depending2
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