Business Law and Ethics Analysis

This assignment provides a comprehensive review of business law and ethics, including the impact of progressivism on international business, benefit corporations, and game theory. It also covers the regulation of social enterprise, taxes, and proactive law for competitive advantage. The analysis is supported by references to academic journals and books, as well as online resources such as US Chamber Foundation articles.

Business law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
LO1..................................................................................................................................................1
P1 Different sources of law that organisation needs to follow...............................................1
P2 Role of government in making the law and application of statutory and commercial law.2
M 1 Effectiveness of legal system in terms of diversity........................................................4
LO 2.................................................................................................................................................4
P3 Impact of employment and contract law on business operations......................................4
M2 Potential impacts of regulations legislation and standards..............................................5
LO 3.................................................................................................................................................6
P4 Recommendation for effective solutions for different business problems........................6
P5 Valid justification for appropriate legal solutions.............................................................7
M 3 Positive and negative impact of business solutions........................................................9
LO 2.................................................................................................................................................9
P6 Suggestion of solution based on country's legal system...................................................9
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Business laws are also considered as commercial laws, a part of civil law field related to
the conflicts arising between the individuals, business organization and trade institutions. It
mainly relates to trade, industry and commerce (Frankle, D.H. and et,al, 2014). It is a also
analysed as combination of private and public laws and is one of the most sought after source of
discipline. In this report, analysis of EBSM is done to describe different sources of law that
enterprise needs to comply with. Moreover, the English legal system has also been discussed
with the structure which it is clearly defined. Moreover, the role of government in making
various laws and regulations are also discussed in order to provide a complete understanding
about the process which is followed by them in formulation of law. In addition to this,
application statutory and commercial law is also covered in courts is also covered in this report.
It will also define the impact of employment laws and contractual law on business operations.
There are various solution have been defined for a range of business problems and with valid
justification.
LO1
P1 Different sources of law that organisation needs to follow
Every country has its own legal system that consist of different sources of law, with
greater weight placed on some sources than others. It is also considered as important to identify
which sources of law apply in host country and their relative weighting. In this context, there are
some specific sources of English legal system has been analysed (Stemler, 2013). English legal
system is considered as common legal system which is being followed as in England and Wales.
It is also consists of civil laws and criminal law. These different are mentioned above:
 Constitutional law : It is considered as set of fundamental rules that is used for setting
out powers of different branches of government that is executive, legal structure and
government. Further. EBSM also needs to follow the constitution law which is being
considered as effective business prospects that needs to comply with different statements.
The constitution also consist of various basic principles such fundamental freedom and
rights.
 Legislative enactment: As per the analysis, legislation is second main source of law
which also take s and usually takes priority over different sources of law other than the
constitution. Moreover, there is more one legislative in bodies in English legal system
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like central, state and municipal authorities may individually posses separate power to
legislate. Further, primary legislation can delegate authority to a particular ministry to
prepare a secondary legislation designed to supplement and formulate principles stated in
primary legislation. For example: Guidelines of tariffs settings for regulatory authority
which is established by primary legislation may set out primary legislation. Thus, EBSM
also needs to follow the primary legislation and secondary for development and
regulation of new business start-ups.
 Judicial decisions: In some countries like UK, US, Judicial decisions is considered as
authoritative and develop in to source of law referred as case law. It is also extended the
application of legislation and is deemed to form a part of law (Fenwick,Van Uytsel and
Wrbka, 2014). Therefore, it is essentials for ESBM to comply these laws for the
establishment of a new school in London.
 Treaties: The host countries may be considered as subject to laws which are made by
regional and world grouping through being a signatory for a treaty. These are considered
as example of laws
 other sources:
P2 Role of government in making the law and application of statutory and commercial law.
The role of UK government in making law is much vital as it regulates entire businesses.
As such, draft laws are converted in parliament bills by the government. Proposals which affect
individual local authorities or individual's rights related to railways and roads are termed as
private bills. They are termed in special form of parliament procedure. While, public bills are
those which particularly change the general law in the country. They are vital part of legislative
process of parliamentary work in UK.
Government has the role to make out the bills by introducing public bills in the
parliament which is done by minister. Moreover, almost all public bills are that are transformed
into laws are done by minister. These bills are known as government bills. The bills become
effective after general election (King, N.J. and Raja, 2013). Also, role of government is to
consult with professional bodies and other organisation which might have an interest. The
government also issues Green papers which are still pending and inviting comments from the
people.
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Application of statutory law-
Statutory law can be defined as written laws which is enacted by legislative body of the
government in UK. This law varies from other laws such as administrative and regulatory laws
which are usually passed by external agencies or common law. Statutory law is applied by
government by converting the public and private bills into effective law. This is usually done by
minister which are present in the power. Organisation has to abide by such laws as they are
mandatory required to follow it. It cannot get default on such grounds (Robson, 2015).
Government process it likes any other legislation. They are applied in the way so that
organisation may be legally formed and it may be imbibed with such law. A bill in the
parliament is being proposed in the legislature and votes are initiated on it. If it gets approved
then it is referred to executive branch for further approval so that it may be applied in the law
respectively by government. Then, if executive signs and approve the bill, it is then transformed
into a law statute.
Application of commercial law-
Commercial law is as the name suggests is operated in business context. It is the law
which is related to regulation of sales of goods and services while conducting business in UK. It
contains certain acts which are to be followed by organisation so that it may legally sales its
goods and services and easily run its business effectively. The Sale of Goods Act, 1979 regulates
related to sales of products by company. As ESBM has decided top form a registered company
which is required that it may run by complying with legal aspects. Government applies
commercial law by drafting the bills to executive to get an approval from them. If it is approved
then, it is converted into commercial law which is applicable to all the organisation which
conducts their businesses (Reiser, 2013).
Property passing and delivery is a provision made in a contractual agreement of sales and
goods remains with the seller until is purchased by customers. It means that it is in possession
with the seller until is not purchased by consumers. The main of applying this clause is that if
buyer purchase goods on credit and if he goes insolvent, then seller may repossess those goods.
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M 1 Effectiveness of legal system in terms of diversity.
Legal system is very much useful as without legal system, there will be no law in the
country. The judge presides over court of law. English system has unique method of appointing
judges. Lord chancellor appoints judges with the prior approval of Prime minister and then
finally this list is forwarded to Queen for calling of appointments (Blount and Nunley, 2015).
This is sound system in judiciary. Diversity is important as judges come from different religion
and race. So that when disputes come, judge will be able to resolve it more accurately as he is
familiar with the judiciary as compare to other non representative.
LO 2
P3 Impact of employment and contract law on business operations.
Employment contract start as soon as worker joins the organisation. It is important from
the point of view of employees as he gets a contractual agreement from the company top work
according to the tasks allotted by company and it is on monetary basis. If employee or company
wants to terminate this relationship, they can do it by following a legal procedure. It is written
agreement between employee and company.
The law of employment and contract includes rules that are required so that employee
safety at workplace. It is must relate to employees and organisation must keep this in mind. The
law also contains rules like right to paid while on holidays as well as right not discriminated at
workplace. Every employee is required to be given away written statement of employment terms
from the starting of the work (Freudenberg and Boccabella, 2014). The contract of employment
is made when worker accepts the job offer from company. It is not usually written as it implies
that employee is deemed to be working in the organisation. ESBM is required to form a legal
company and contract of employment should be made effective so that it may run successfully.
Contract may be breached by verbally agreed or in written or even implied term of it.
When an employer breaches the employee’s contract, the employee should be able to check
through the terms of service so that employment contract breach may be dependable and should
quote other ways to resolve the dispute before he opts for legal action. Employee can take a legal
action to file a dispute with the employer. This way he is assisted by the court to solve the
dispute. He can take legal action by employment tribunal or by civil court.
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If employer breach employee’s contract, it is advised that they need to solve the matter
with its employee and if it has suffered any monetary loss, they should be able to file a complaint
for damage against the affected employee. The impact on business because of employment is
affected by grievances of employees, harassment at workplace, parental rights. It also includes
sex discrimination, gender discrimination and data protection and equal pay as well.
Equal pay is the main issue of contract law as discrimination on same job profile should
not be there so that employee may get demotivated. It has adverse effect on business operations
as when employee is demotivated, then work is hampered and productivity of organisation
reduces too much extent. Also, equal pay must be with male and female as well. Women should
not be discriminated by employers. It should have same salary which is being paid to males.
Therefore, it effects organisation as equality should be their primary concern (Villa-Real, 2014).
The organisation should be able to provide safety from the harassment as it negatively
affects business operations and reputation of organisation is deteriorated badly. As such,
organisation needs to remove such ill effects from workplace so that women may freely work
with more safety at workplace. This allows good atmosphere in organisation. This helps it to
flourish and employees feel motivated to complete tasks with full efficiency. The employment
and contract law should be applied in the organisation in that way so that it may provide full
protection to employees as well as no harm of work is observed. Also, rules should be made
effective so that in event of dispute between employees and employers, it may not affect the
firm's productivity.
M2 Potential impacts of regulations legislation and standards
Regulations-
It has impact on business as it has to follow certain rules which are governed by the
authority and as such, it has to abide by it else, it may lend itself to serious problems. As a result,
it affects organisation in negative manner as they have to apply it in practice.
Legislation-
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Business regulation impacts to organisation as it has the role to protect consumers from
taking harmful services if provided by organisation. It also protects various stakeholders such as
investors and creditors. Key impact on business is competition as well.
Standards-
It is a norm which is required so that customers may be provided with quality of goods
and services. This impacts organisation as it has to follow standards to manage quality.
LO 3
P4 Recommendation for effective solutions for different business problems.
The recommendation part of solving business problems is that organisation should
identify the issues which are affecting business working adversely (McKelvey and Sliffman,
2015). As such, it may be identified by organisation so that it may apply effective measures to
solve it. It also needs to remember that different people in organisation has different issues. As a
result, it is required that every one's perspective should be taken by firm to establish itself as
more viable and dynamic. The interests of employees should be analysed and it should be taken
then so that solution towards several opinions may be made. The best solution is one which
satisfies interests of every employee. It also reduces conflicts among them as they will be able to
solve difficulties effectively. This problem will be solved so that productivity of employees will
not be affected. Organisation will prosper and flourish and will provide quality services to
customers in effectual manner.
The business should be able to solve the problems by identifying the best available
options so that it may build up good strategy to conquer its objectives and goals in the best
possible way. It is essential for business to get right tool in hand so that it may resolve
difficulties which might hinders its performance. Process improvement and problem solving are
two weaknesses of business (Picciotto and Mayne, 2016). The root causes of problems must be
identified so that solutions may be made in accordance with it. After that, brainstorming
solutions should be obtained by organisation so that business problems may be effectively solved
by concerning the issue it is facing in the working. It should be analysed so that it may flourish in
the market by satisfying customers with better services.
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Implementation should be made by company so that organisation can check upon the
solution applied in the process to solve problems. It should be measured to ensure that root cause
of problem has completely gone and problem is eliminated to full extent. If in monitoring, it is
found that problem still exists, then more brainstorming analysis should be made by organisation
to ensure that problem is completely solved. By applying in practice, organisation will be able to
solve its problem to full extent and as a result, it may flourish and all its difficulties might be
eradicated to great extent and may be able to give delightful experience to customers and
ensuring good revenue by maximising sales in effectual manner (André, 2015).
Competitors are equally important as they create problem for organisation to make
effective contribution. It should be solved by company by implementing strong strategies which
might strikeout the rivals totally from the market and as such, firm may be able to conquer its
goals in the best possible way. Competitors should be carefully analysed so that their weak
points may be used as an advantage by firm and it can implement that strategies which helps
them to get ahead of them. This makes organisation viable and is able to delight customers and
other stakeholders effectively. Communication should be effective so that it may be delivered to
employees and as such, problem can be solved by it in effectual way. Lack of communication
become hurdle for organisation as workers are not clear about their tasks and as a result, it should
be made in proper manner so that business problems may be solved.
P5 Valid justification for appropriate legal solutions.
Legal solutions are remedy to solve legal disputes. As such, justification for various lega;
solutions are as follows:
1. Employee compensation-
The employee’s compensation is termed as a payment in received while in exchange of
services provided to company (Scholes, 2015). It is justified that compensation to employee
should be adequate so that he may discharge its assigned duties well and as a result, productivity
of organisation as well as of employee will be considerably increased in the best possible way. In
relation from this, pensions and holiday benefit should also be provided to them so that they may
be high;y motivated towards organisation.
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2. Property protection-
Intellectual property needs to be protercted as organisation is highly affected by fake
imitations of their products by others. It hifgly influences organisation in negative way as this is
a serious issue which is to be solved by it. Hence, legal solution is justified so that it may provide
good solution to this problem. By applying with copyright, patents, trademarks and other
intellectual property, it is solved by organisation. As a result, it is useful for organisation to
protect its property.
3. Legal defence-
This also provides organisation a support when legal action is made on it. Legal defence
is avoiding the civil liability from the problems (Trevino and Nelson, 2016). Organisation may
lend itself in false case by any other such as employee or even by its rivals. As such, legal
defence provides protection to company as it is able to avoid the false allegations which are
implied by rivals. They adopt such strategy so that reputation of firm may be damaged too much
extent and it may lose its potential customers in the way which results in reduced profits and
lowered sales. Hence, legal solutions such as defence supports organisation in effective manner.
4. Compliance & regulation-
Compliance is important as organisation needs to adhere to several laws so that it may
accomplish its tasks. Also, it is required that company should be able to implement the laws so
that it may run its operation effectively and with much ease. It is required that organisation is
complied with various laws and regulations so that it may be legally function accordingly so that
customers are provided goods in effectual manner. It is required they abide by the laws so that it
can carry its working effectively.
5. Statutory licence appeals-
License appeal is made by company so that it may effectively accomplish its work so that
it is able to sell its goods and services with license. It is vital element as organisation is able to
comply with laws and license makes it effective as it sells goods to customers legally. As such,
legal solutions is justified as it provides organisation useful insight to make legally sound its
products.
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M 3 Positive and negative impact of business solutions.
The positive impact is done by organisation with the help of Corporate Social
Responsibility (How Does Business Create Positive Impact). Communicating with the society is
required so that it organisation may provide goods at effective manner to the society at large.
Solutions such as employee compensation and legal defence positively impacts business as it
gives them useful insight to accomplish tasks in effectual manner (Pang, 2013).
Negative impact of business solutions is that organisation has to follow enough of
standards and has to comply with the regulations as well as laws which limits its functioning and
it has to abide by various laws. This impacts adversely on its activities.
LO 2
P6 Suggestion of solution based on country's legal system.
In order to resolve the issues between the people there are various alternation dispute
resolution methods are available in the legal system of other countries that needs to be analysed.
In present scenario, analysis of an ESBM has provided an understanding that the organization
needs to apply a significant solution to resolve the problems which are faced by them in
resolution of dispute which are faced by them in opening new school in London (Cheeseman,
and Garvey, 2014). Moreover, it is also analysed that there is major different every countries
dispute resolution process and understanding of various influences which they have been made
in business operations. There are some important parties have been analysed from English legal
system which is being the taken in to consideration (Kinicki and Kreitner, 2012). Solicitor is the
most important person in the legal frame work of every countries legal system that gives advise
for resolution different types of disputes. Mainly there are two type of law operates in country
which is considered as criminal law and Civil law. There is major role of Barrister in defining the
business purpose and gaining various investments from the parties that needs to resolve the
problems. It is also most important that provides the legal advice and procedure of proceedings
that needs to be done within organization. Other than this, there various other alternative source
through which the person is able to get the resolution of business problems.
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 Citizen advice office: It is also considered as legal authority of government which is
established by government with an aim to provide consultancy to the people. It is also
considered as an essential with the legal structure of English legal system. It consists of
different authorities and solicitors who have the legal experience of many years (Siedel
and Haapio, 2010). They have the competency to provide legal assistance to ESBM
students about the case and laws which are complied with different legal situation as well
as perspectives. Further, there are various types disputes resolution solutions have been
provided by the solicitor like collective bargaining, mediation arbitration and
adjudication. In these methods the most effective methods for the organization is
collective bargaining which less time consuming procedure and aims to provide win-win
situation for both the parties
 Legal Consultants: The legal advisers are those important parties or companies which
consist some experts and legal business consultants which posses the Experience that has
been done with an aim to achieve business results that aims to achieve business results
are resolution of disputes (Mann and Roberts, 2011). There are various legal consultants
existing in different parts of country which provide their services to people or companies
by taking the charges as consultancy fees. Legal consultants are mostly responsible for
analysing the case and then provide effective business advice to ESBM which also aims
to provide these business advice to students. These business ideas have taken in to
consideration in order to provide various legal advice that has been taken in to
consideration which has been taken in to consideration.
 Neighbour hood Advice system: It is also a most important source of business that
provides legal advice to organization about various business problems that has to be done
in various problems and conditions (Spalding, 2011). There are various legal consultants
existing in different parts of country which provide their services to people or companies
by taking the charges as consultancy fees. Most importantly are mostly responsible for
analysing the case and then provide effective business advice to ESBM which also aims
to provide these business advice to students.
M 4 Comparison of effectiveness of these solutions.
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Business solution is required to be effective so that customers may be imparted with
better quality goods and their satisfaction is enhanced too much extent (Disch, 2016). Business
solutions is effective as it guides organisation to accomplish the tasks in accordance with the
legal solutions. As a result, organisation is able to enhance effectively and grow in the market
and earn good profits by satisfying customers.
CONCLUSION
Hereby it can be concluded that organisation has to follow legal structure so that it may
establish itself with full efficiency. It is required that organisation abide by English law so that it
may be legally formed and run in effectual manner. This makes it dynamic as it is able to comply
with the legal norms and also satisfying customers at large. Various problems prevail in the
company and as such, it is required that it solve several problems by going through its root cause
and after analysing it, implementation of problem solving strategy should be made. This way,
organisation is able to make sales in effectual manner and as a result, legal solutions is obtained
by it.
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REFERENCES
Books and Journals
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Ardichvili, A., Jondle Ph D, D., Wiley Ph D, J., Cornacchione Ph D, E., Li Ph D, J. and
Thakadipuram Ed D, T., 2013. Building ethical business cultures: BRIC by BRIC. The
European Business Review.
Blount, J. and Nunley, P., 2015. Social Enterprise, Corporate Objectives, and the Corporate
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Cheeseman, H.R. and Garvey, J.R., 2014. Business law. Pearson.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
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McKelvey, S. and Sliffman, A.J., 2015. The Merchandising Right Gone Awry: What “Moore”
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Stemler, A.R., 2013. The JOBS Act and crowdfunding: Harnessing the power—and money—of
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Trevino, L.K. and Nelson, K.A., 2016. Managing business ethics: Straight talk about how to do
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Villa-Real, A.E.C., 2014. Customer-controlled instant-response anti-fraud/anti-identity theft
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insurance checker, e-education/research/invention, e-disaster advisor, e-immigration,
e-airport/aircraft security, e-military/e-law enforcement, with or without NFC
component and system, with cellular/satellite phone/internet/multi-media functions.
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Online
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How Does Business Create Positive Impact, 2012 [Online] Available Through:
<https://www.uschamberfoundation.org/blog/post/how-does-business-create-positive-
impact-weve-got-answers/31691>
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