Business Law and Dispute Resolution

The provided document is a report on business law, which is one of the main laws that guide the operations of business organizations. The report includes various elements such as company law, contract law, and employment act, as well as arbitration and dispute resolution processes. The document also references several books and journals related to business law, providing a comprehensive overview of the subject.

Business law

Table of Contents
Introduction .....................................................................................................................................1
Task 1...............................................................................................................................................1
P1 Different sources of law in UK..............................................................................................1
M1 Evaluation of effectiveness of recent reforms and development in legal system.................2
D1 Evaluation of the legal system and the law...........................................................................3
P2 Role of government in law making and how these are applied.............................................4
Task 2...............................................................................................................................................5
P3 How companies, employment and contract law has potential impact upon business...........5
M2 Differences between legislation, regulations and standards to analysis potential impact
upon business..............................................................................................................................6
D1 Critical evaluation of the legal system and law.....................................................................7
Task 3...............................................................................................................................................7
P4 How different types of business organisation are legally formed.........................................7
P5 how this organisations are managed and funded...................................................................8
M3 Detailed assessment on the pros and cons of their formation..............................................8
Task 4...............................................................................................................................................9
P6 Identification and recommendation of appropriate legal solutions for resolving a range of
disputes using relevant examples to demonstrate how a client might obtain legal advice and
support.........................................................................................................................................9
M4 Comparison of different sources of legal advice................................................................10
Conclusion.....................................................................................................................................10
References......................................................................................................................................12
.......................................................................................................................................................13

Introduction
Business law is considered as the body of law that mainly focuses on the legal as well as
the proper configuration of the business and it also implies how the organisation operates. This is
the branch of legislation which helps in incorporating a new business and also helps the existing
business to be more precise and to follow the provisions of various elements that are included in
it. The various elements of business law consist of company law, contract law, environment law
etc. The business law is basically based on the commercial law. As working on the position of
senior employment and the dispute law advisory in the law firm named global solicitor (Besley,
2015). The firm is based in London and has its operations London. This report gives the brief
about the nature of legal system of the country and the what are the different sources of laws that
exist within the country. The report would also analyse the impact of the company law,
employment law and the contract law on the operations of business entity. At last how the
organisations are formulated is given in the report.
Task 1
P1 Different sources of law in UK
The united kingdom has three separate legal systems which helps in applying the law in
country. These are divided as one for England and Wales, Scotland and Northern Ireland. These
laws are divided in the sense that some of the law applies to the whole part of UK and some
applies to one single country. This is done by the treaty that are signed by them on their behalf.
As it is seen that the UK constitution is considered as an unwritten constitution because there is
no single document written which sets out the rights of the individuals and the society as a whole
(Forrer and Katsos, 2015). The constitution of UK is considered as Unitary and the parliament of
the country is the supreme body that decides about the law making process and the laws that are
to be made by the country on a particular issue. There are different sources of law in UK consist
of Statutory law, common law and the equity law. These different sources of laws are discussed
below in brief:
 Statutory law: This is the law that is in the form of written representation which is set
down by the legislature or the government of a country. This is the law that varies from
the regulatory or administrative laws which are passed by the executive agencies or the
law created by prior courts decisions. These are the strict laws that are construed by the
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courts of the country. This means that courts are not able to read between the liens of the
statue in order to apply this to the particular issue, rather it is bound by the express terms
of the law.
 Common law: this is the law that is known as a case law or precedent. This is the law that
has been made by the judges of the courts or any other similar tribunals this consist of
many sources of UK unwritten constitution. These are the laws which are updated on
timely basis by the government and according the situation that prevails in the society.
This is considered as the platform for the English legal system. This law helps in making
any interpretation and bringing the clarification about the facts and the cases which are
specified in the law. These are the laws which are passed and are framed only when there
is a requirement of law, also if the current legislation that is present in the country does
not relates to issue that is being discussed.
 Equity law: This is considered as the law which is applied in the common law countries
and is based in the judiciary assessment of the fairness. It is the law which is used when
the laws themselves do not address an issue or are inadequate in some of the way. This is
considered as the law which provides equal sets of remedies which are associated with
the procedures that are involved in the civil law (Grace and Cohen, 2013). This is seen
that it is the body of law which is administered by the common law. As the legal
remedies which are provided in the other forms of laws are considered in monetary forms
so it is important for the law to provide an just and equitable information to the plaintiff
by giving them remedies which can be performed like wise. It is the law that is made with
with keeping in the mind which are required to be solved for the society.
M1 Evaluation of effectiveness of recent reforms and development in legal system
It is important for the government to change and amend various legal system so as to
improve the access to the justice to the society. As it is seen that the law reforms are considered
as number of things. This way the laws that governs the country and it operations remains up to
date and gives better solution to the citizens of the country. As it can be seen from the examples
of Education act 1944 where the reorganising of the state education system was done so as to
provide a better solution for the same. This also helps to increase the functionality of the people
of the country so that they are achieve the objective of better citizens.
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There are different advantages and disadvantages which are associated with the English
legal system which includes the following;
Specific: As it is seen that the law is used to clarify, expand and implement the
legislations of the country which would help them achieving the objective of implementing the
specific legal system in country. It is seen that the act of parliament and the wordings are generic
and broad in terms which cannot be understood during the trial or proceedings. As the judges
implement the common law it becomes easy for the law to be specific and the generality can be
understood by common people easily.
Consistency: As it is seen that English legal system is one of the main constituent in UK
which works well with the doctrine of precedents (Hanrahan, Ramsay and Stapledon, 2013).
This helps the parties to take the decision and to understand the terms and conditions which are
associated with it. The senior judges in the higher court develops the precedents according to the
experience which helps them to achieve consistency in their decision making process.
Speed and Efficiency: It is seen that the English legal system is flexible enough due to
which faster and responsive decisions are taken. This has been analysed that English legal
system responds quickly to the changes that happens in the society. It is seen that the court in the
English law are not bounded by the procedures and the Political constraints so due to this the
speed and efficiency in the legal system is achieved.
Also it is important for the country to have constitutional reforms as this would help them
to modernise the constitution and would also enable them to achieve betterment of the citizens of
the country. As for e.g. It can be seen that succession of the crown act allows the female member
to hold the constituency. Also it would help in giving the difference to the day to day running of
the country.
D1 Evaluation of the legal system and the law
It is the main function of the English legal system to maintain the behaviour and the
compliance among the people of the country. As the rules that are defined by the government
helps the citizens to perform their duties and functions in ethical manner. The adversarial system
of rules in UK are considered as the cardinal point of English legal system, but there are some
difficulty that are their which consist of its nature and its functions. As in the legal system of
country are there are some advantages and disadvantages which are discussed below:
Advantages of English legal system
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 There is certainty in the decision making process.
 Also there is consistency and fairness between the people of the country so that equality
is maintained.
 Also there is time saving which helps in faster decision making
Disadvantages
 Distinction which is illogical
 There is slow growth which makes the it rigid and complex.
P2 Role of government in law making and how these are applied
The main function of government while in the position is to make and formulate the rules
and regulations which would govern the working of individuals in a country. It is seen that the
law making is a highly rigid and complex procedures which is performed by the government in
position of the country (Hazard, Hodes and Jarvis, 2014). The government of the country has to
perform various functions and has to follow various steps through which the bill which is
presented in parliament is converted into law. There are various steps that are involved in the law
making process and these includes the following:
 First reading: This is the first step of government where they provide and introduce the
bill in the parliament. In this stage no debate is made on the bill. In this stage the first
look is made on the bill by the opposition and the chairperson.
 Second reading: It is considered as a stage where the debate on the provisions and the
principles of the bill are made by the government and the opposition party of the country.
Here the minister of the ruling party will execute the bill in the parliament where the
discussion would be made. Also here the opposition would give their feedback on the
positive as well as the negative points which are related to the bill. If the points that are
raised by opposition are considered as relevant then ruling party would amend it
accordingly. At last the voting process would be applied where the if the bill is voted in
favour then it would get passed and vice versa.
 Committee stage: it is the stage where the details regarding the bill is taken in to
consideration and the speciality convened committee which comprises of the members of
parliament discusses on the provisions that are made by them. Here the Public bill
committee will check the oral and the written evidences which are related to the bill.
After which the committee will decide whether the bill would remain into existence or
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requires any amendment. Here the amendment table is provided where the amendments
related to the bill can be checked.
 Report stage: It is the stage where the amended bill is orally read in front of chamber by
the government minister (Kapottos and Youngner, 2015). This is the stage where the
amendments that are done in the bill are discussed with the parliament members. It is the
stage where the amendments and the new provisions that are related to the bill are added
in the bill.
 Third reading: It is considered as the stage where the general discussion would be taken
place invariably in the bill. In this stage there is no amendments which are possible to
make in the bill. At last the voting is made on the bill which helps in making it accepts or
reject the bill
 House of lords: In this stage the bill is passed to the the house of lords. Here the bill is
presented in front of the members of the parliament and if any of the amendments are
made in the bill then it is sent back to the house of commons where if any further
amendments are taken into consideration.
 Royal assent: This is the stage in which the bill which is passed by both of the house
becomes a law after the royal assent is given to the bill. Here when the bill is passed the
evaluation and the implication of the bill is done for around three to five years where the
department would be responsible for making it practically implacable.
Task 2
P3 How companies, employment and contract law has potential impact upon business
Companies, employment and the contract law are considered as the law which helps the
business to perform their operations according to their legal duty and in performing in ethical
manner. This helps the business organisation to work in a manner so that they does not attract
any legal obligations and penalties (Murray, 2015). As while functioning in the society the
companies should take into consideration the prescribed law so that they are able to fulfil the
provisions that are required by the law. If the companies are not able to complete the prescribed
structures that are given by the acts and the laws then it may lead to closure of the firms or may
also attract a huge liability on the firms.
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The companies law is one the main law which helps the organisation to bring the
company into existence. The company law helps the company to achieve the objective
performing their daily activities in prescribed manner. This law specifies the duty of the directors
and also specifies the boundary in which the operation of the company are to be performed. The
directors of the company should follow the requirements that are prescribed in the law so that
company is able to achieve the objective of profit maximisation. The company law specifies
many regulations that company should follow which includes preparation of MOA and AOA of
the company (Norris, 2016). The company law also specifies the way of raising the fund and way
of managing the fund of the company. Also it specifies the rights and duties of the shareholders
who has direct impact on the performance of the business. As for example it is seen that the ABC
Ltd is a multinational company and it is registered under the companies house which has its
separate legal entity through the help of which they would be able to operate its business legally.
The employment law is considered as the law which defines the rights and the obligations
of the employees as well as the employers. It is the law that helps the organisation to provide
ethical work practice to the employees. Also with the help of this act the working hours as well
as the wages of the employees are defined. This law states certain facilities which are required to
be provided by their employer to their employees. As for example it is seen that PQR Ltd. Falls
under the employment act where the terms and conditions of the this act has to be followed by
the company.
This is one of the main act that helps the business to operate its business successfully and
to provide the basis on which the agreement and the contract of the company depends. For
running business and performing its obligations it is required by the company to follow the
guidelines of contract as in every part of transaction that is entered by the company there exist a
contract and an agreement. As the company buys and sells their product on daily basis and it
includes performance of contract. This also helps the business organisation in knowing the
impact of breach of terms and conditions.
M2 Differences between legislation, regulations and standards to analysis potential impact upon
business.
The legislation is considered as one of the main thing which helps the organisation to
change its way of working and perform its daily obligations according to the requirements of
law. This helps the business organisation to know the rights and duties of the company.
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It is seen that regulations are considered as the part of legislation which provides the brief
about the law and the provisions of the legislation (Raz, 2017). This helps the individuals and the
company to know how to apply the related law in case of any issue. This would lead to increase
in the cost of organisation as they would require to gain the knowledge of law which are related
to company.
The standards in the law are defined as those parts of the law which helps in providing
the guidelines through the help of which the different situations can be dealt. This helps to
formulate a set pattern of standard that every organisation has to follow. Which helps to make
and compare the business structure more effective and suitable.
D1 Critical evaluation of the legal system and law
The legal system of UK is considered as one of the best system which helps in providing
the guidelines to the citizens of the country so that there will not be any kind of violence in the
country (Tushnet, 2017). It has a great impact on the citizens of the country where the have to
abide through it. This law is divided in to three legal system which derives from the English law,
Scots law and the Ireland law. It helps the people of country In fulfilling the obligations as they
don't have the burden of learning the law and all the things are already written.
Task 3
P4 How different types of business organisation are legally formed
There are different types of organisation in the country which helps the individuals to
select and formulate business structure according to the requirements. These includes the
following:
Sole Proprietorship: This is considered as one of the simplest form of the organisation
which helps the individuals to perform their function in relevant manner. The owner of the
organisation is the single person and is managed by him. This type of business comes in the form
of unincorporated business. Here the individual has to file the forms records with the registrar
where they get it registered accordingly.
Partnership: this is the form of business organisation which is formed by two or more
then two person coming together. In this type of organisation the liability of the partners are
unlimited and the partners need to take all the decision very smartly. This type of organisation is
formulated through fulfilling the criteria that are set under the partnership act. Here the partners
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has to submit a partnership deed to the registrar where they are considered as the partner of the
company. After this they would get a certificate of commencement which is considered as the
proof of starting the business.
Company: this is the type of organisation which is best suited for the large organisation
who's turnover is high and have a great pattern of expansion (Santoro, 2015). This would helps
the individuals to achieve the objective of profit maximisation. For formation of company the it
is required that there should be at least 2 members who would be called directors of the
company. Also they have to file MOA and AOA of the company to the registrar which will
finally give them approval of starting the business.
P5 how this organisations are managed and funded.
There are different ways through which the business organisation are managed and
funded. These organisation gets the short term as well as the long term fund which helps them to
achieve the daily objectives of performing their business.
Sole Proprietorship: This types of organisations is managed and control by the single
manager who will share the profit and the loss of the business as a whole.
Partnership: This type of partnership firm is managed and controlled by the partners who
will be sharing the profit and loss in ratio that was decided by them (Twomey, 2012). The source
of fund raising is from the personal assets of every partners who contributes in their profit
sharing ratio.
Corporations: These types of organisation is managed and controlled by the directors
and shareholders of the company. The major source of funding includes, Shares , bank loans,
debentures etc.
M3 Detailed assessment on the pros and cons of their formation.
There are different advantages and disadvantages which are related to formation of the
company. These advantages and disadvantages includes
Sole proprietorship: this type of organisation is one of the easiest form of organisation to
formulate. As it has only single person and the capital requirement is also not high in this
organisation.
Partnership: This is more complicated as compared to sole proprietorship as there
includes at least two people who helps in formulating the business and they have to make their
business registered at the registrar office which is a time taking process.
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Companies: These are the organisation which takes sufficient time in formation as it
includes various document and approvals that are to be taken before formation of the business to
take place. It has advantage of high capital liquidity.
Task 4
P6 Identification and recommendation of appropriate legal solutions for resolving a range of
disputes using relevant examples to demonstrate how a client might obtain legal advice and
support.
It is a lengthy and expensive process to solve dispute. In the given scenario Mr. John was
working in a XYZ Ltd. Company (Schmidt, 2018). There they had a agreement that both (the
company and employee) must give prior notice of removing or leaving the organisation (2
months notice). But Mr. John did not gave any prior notice and joined another company. Now ,
XYZ Ltd wants to file a case against Mr. John and wants to recover the damages which the
company has suffered .
Alternate dispute resolution (ADR) - It is a method of solving disputes without
litigation. It refers to settling disputes outside the courtroom. It is less time consuming method as
compared to other method of solving disputes. In this a neutral third party is appointed who
studies the case for finding the appropriate solution. It reduces the burden of the court. Under this
the results are declared in the short period of time and is less expensive . Alternate Dispute
Resolution is of various types which are discussed below:
Meditation: It is the easiest method of ADR in which neutral third party is appointed to listen
to the problems of both the parties. In this process mediator guides the party but it is not
necessary that decision must be followed given by the mediator.
Conciliation: In this both the parties decide to appoint a third party who is said to be a
conciliator. The work of conciliator is to check the agreement and try to find the best
possible way to solve the dispute. This process is similar to meditation but it cannot be
said that there is no difference between meditation and conciliation.
Arbitration: It is the method in which arbitrator is appointed who deals with both the parties.
It is mainly conducted at the time of dispute which cannot be solved easily and which is
serious in nature. Once the decision is declared by the arbitrator then it must be
followed.
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Contract – A contract is the most necessary thing required at every stage of our life.
Once the parties agree to come into a contract than they are not allowed to disrespect or breach
the terms and conditions of the contract or else legal actions can be taken against the party (Stout
and Blair, 2017). A valid contract requires a legal purpose, consideration, mutual assent and offer
and acceptance . A contract is a legal binding which must be followed by everyone.
Breach of contract – A contract is said to be breach when any of the party fails to
perform the duties which are given to them. A breach of contract occurs when the agreement is
not kept . There are various penalises imposed on the party if found guilty under breach of
contract . The accurate reason must be known for breaching the contract.
Winding Up: It is also a source to solve dispute between the organisation and creditors.
It helps to appoint liquidator who calculate the value of total assets to that this can be used to sell
to pay the debt amount. These are of two types.
1. Voluntary winding up – It is conducted with the mutual consent of shareholder. When the
company is unable to pay amount to its creditors than they decide to liquidate the
company.
2. Compulsory winding up- This can be started if order is passed by the court. Creditors are
required to file case against the defaulting company.
M4 Comparison of different sources of legal advice.
As in the UK legislation there are different sources which helps the organisation tot
resolve the dispute that arise among them. One of the best way to do so is Alternate dispute
resolution (Zimmermann, 2012). As this helps to provide advice according to the system of law
and process is also easy. As it is not lengthy as other dispute resolution process are and the time
taken in resolving the dispute is very less. So it can be concluded that it is one of the best method
to provide the legal advice while resolving the dispute.
Conclusion
Form the above report it is concluded that business law is one one the main law that helps
to guide the operations of the business organisation. There are various elements in the business
law which includes company law, contract law and employment act according to which the
business has to be organised. It is also seen that there are various arbitration and dispute
resolution process which is considered as one of the main element in dispute resolution.
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References
Books and journal
Besley, T., 2015. Law, regulation, and the business climate: The nature and influence of the
World Bank Doing Business project. Journal of Economic Perspectives. 29(3). pp. 99-
120.
Forrer, J. J. and Katsos, J. E., 2015. Business and peace in the buffer condition. Academy of
Management Perspectives. 29(4). pp. 438-450.
Grace and Cohen, S., 2013. Business Ethics Problems and Cases. Oxford University Press
Australia and New Zealand.
Hanrahan, P. F., Ramsay, I. and Stapledon, G. P., 2013. Commercial applications of company
law.
Hazard, G. C., Hodes, W. W. and Jarvis, P. R., 2014. Law of Lawyering. Wolters Kluwer Law &
Business.
Kapottos, M. and Youngner, S., 2015. The Texas Advanced Directive Law: Unfinished business.
The American Journal of Bioethics. 15(8). pp. 34-38.
Murray, J., 2015. The Social Enterprise Law Market. Md. L. Rev. 75. p. 541.
Norris, K., 2016. Common European Sales Law: A Missed Opportunity or Better Things to
Come?. Business Law Review. 37(1). pp. 29-32.
Raz, J., 2017. The rule of law and its virtue. In The Rule of Law and the Separation of Powers
(pp. 77-94). Routledge.
Santoro, M. A., 2015. Business and human rights in historical perspective. Journal of Human
Rights. 14(2). pp. 155-161.
Schmidt, S. J., 2018. Marketing the law firm: business development techniques. Law Journal
Press.
Stout, L. A. and Blair, M. M., 2017. A team production theory of corporate law. In Corporate
Governance (pp. 169-250). Gower
Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of comparative law.
Twomey, D., 2012. Labor and Employment Law: Text & Cases. Cengage Learning.
Zimmermann, A., 2012. How Brazilian judges undermine the rule of law: A critical appraisal. In
International Trade and Business Law Review: Volume XI (pp. 187-225). Routledge-
Cavendish.
Online
Business Law and Legal Definition. 2018. [Online]. Available
through:<https://definitions.uslegal.com/b/business/>.
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