(Doc) Business Law Assignment - UK Law

Added on - 04 Oct 2020

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BUSINESS LAW
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3LO 1 (P1, P2)...................................................................................................................................3Meaning of sovereignty with example to explain reason why parliament is said to besovereign.................................................................................................................................3Discussion on UK laws..........................................................................................................4Explanation on political discussion in parliament which lead to drafting of a Bill and itsprocess in house of commons and in house of lords..............................................................5Explanation of statutory and common laws which are applied in justice courts....................6LO 2 (P3).........................................................................................................................................8Explanation in applicability of laws on businesses and its potential impact if laws are notcorrectly applied.....................................................................................................................8LO 3.................................................................................................................................................9P4 Difference between incorporated and unincorporated businesses....................................9P5 Explanation on forming of such types of businesses, their funding and management..10LO 4 (P6).......................................................................................................................................11Legal solution of both the cases...........................................................................................11CONCLUSION..............................................................................................................................13REFERENCES..............................................................................................................................14
INTRODUCTIONBusiness law is also known as merchandise law or commercial law (Beatty, Samuelsonand Abril, 2018). Purpose of establishing such law is to govern effective dealing between peopleand commercial concern. Present report is developed to provide better understanding aboutbusiness law in UK. Here meaning will be provided on sovereignty and reason of parliamentbeing sovereign. In this report, UK law with process of drafting a bill is to be explained. Further,impact of law in businesses with differentiate between incorporated and unincorporatedbusinesses will be discussed. Lastly, in this report legal solution will be discussed on case studyenterprise problems.LO 1 (P1, P2)Meaning of sovereignty with example to explain reason why parliament is said to be sovereignSovereignty is known as right and power which govern by the bodies without anyinterference of any outside sources. It is the type of term which is used to provide independenceand autonomy for state of nation (Craig, 2018). This is a development which provide free rightsto people to decide for themselves regarding ruler they want, democracy they want. For UK,parliament sovereignty is known as main principle which makes it a supreme authority whereany type of law will be created to get ended. It is also referred to a most important part of UK.Parliament is said to be sovereignty because it deals with several principles which makesit a complicated which entirely grasped concept. This will be more explained through Doctrinesof Parliamentary Sovereignty which provide a classic understanding 'why parliament issovereignty'. Doctrine states that UK parliament is supreme which have unlimited power tocreate and end any law. With that it means that no one can set aside the act which develop byparliament. With this view sovereignty presents a contradiction, which argued that if parliamenthas unlimited power to create any law than it will limit own power of parliament. Argument willalways continue on this topic where types of law developed by parliament always referred to ascontingently entrenched which cannot be amended and because of this parliament is said to be asovereign (Schell, 2018).Over the years, there are laws which passed by parliament because of which it limits theapplication of parliament sovereignty because of which such laws reflect development bothwithin and outside the development of UK. Example of some act are the devolution power to
bodies like Scottish parliament and Welsh Assembly, human right act 1998, The UK's entry toEuropean Union in 1973, decision which establish a supreme court in 2009, where House ofLords function gets end as UK's final court of appeal. These are the development which showsthat UK' parliament has sovereignty. Major reason which states it sovereignty is that constitutionis not written and its constitution is not codified into a single document. Both these are mainreason which states that in UK there is a unique constitution which semi-coded. This is thereason which states that parliament sovereignty.Discussion on UK lawsUnited Kingdom does not have any single legal system because it was created by thepolitical union of previous independent countries. Therefore, it has five sources which includelegislation, case law, European Union law, custom and legal text. Explanation on three laws thatis statutory, common, and equity are as follows-Illustration1: sources of law( source: Sources of English Law, 2015)
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