Solved Business Law - Assignment

Added on - 21 Feb 2021

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Business law
Table of ContentsINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1TASK 1............................................................................................................................................11. Different sources of UK law and parliamentary sovereignty..................................................12. Role of Government in making law process...........................................................................33. Impact of employment, contract and company law over organisation....................................4TASK 2............................................................................................................................................6Types of business organisation....................................................................................................6Difference between incorporated and unincorporated businesses...............................................7Advantages and disadvantages of partnership and limited company.........................................8SECTION 2......................................................................................................................................9Case 1...........................................................................................................................................9Case 2.........................................................................................................................................10CONCLUSION..............................................................................................................................11REFERENCE.................................................................................................................................13
INTRODUCTIONBusiness law can be considered as the set of rules and regulations that tell us and dictateus how and organization should be derived and to be formed.It encompasses all the laws andregulations that, helps the business by directing them, how to start, manage the firm and canclose or sell its entity in the market.This assessment will help to understand the different sourcesof the laws that can help to analysed which law is necessary for what kind of the businessactivity to drive it smoothly. This will also include the role of the government in creation of thelaw and also going to be explained that how common law and statutory lawis being applied inthe justice court. Further more, with the help of given case study, report will help to understandthat how the company, employment and contract law affect the business and influence itsdecision-making strategies. This will also cover the understanding of the different types of theorganization are legally formed.This will explain that How the business organisations are beingfunded.At the last recommendation of the legal solution to resolve the range of disputes on thegiven cases also will be included.SECTION 1TASK 11. Different sources of UK lawand parliamentary sovereigntyThis is the set of the constitutional law which helps to give the legislative branch to thegovernment of the UK in order to set the different laws as opposed to the judicial branch. Thishas the full authority to create laws and court can not declare that laws invalid which are beingcreated by Parliament.The origin of the UK Parliament had done in 17thcentury following by theGloriousRevolution which transfer the authority to the elected parliament from the Monarch(Beatty,Samuelson and Abril, 2018). ThisParliament is sovereignconstituted with number ofcharacteristics:Parliament has full authority to bind the future parliament.Any valid and authentic act of the parliament will not be changed by the court.This is considered as the most fundamental elements of the British constitutions. It hasthe unlimited parliament authority which is not even declared invalid by the court as well. Itholds that legislative body of the British parliament has absolutely sovereignty and also has thesupreme position over the all governmental institutions which include the judicial or executive1
bodies. Parliamentary sovereignty is a set of principles of the UK constitutions, that gives thesupreme legal authority to the parliament in the UK which can build or remove any law and evencourt cannot overrule the legislation of the parliament. As in this way parliament sovereignty isthe most important part of the UK constitution(Fisch, 2019)(Fisch, 2019). This Parliament issovereign give the power or authority to the British parliament to do anything and can create anykind of the law.Parliament is sovereign is the fundamental key principle on which unwritten constitutionsof the UK are depends. Parliament is considers as the sovereignty because it holds the highestauthority to create and build laws on any topic what they wish without any restrictions.Sources of UK lawThere are four sources of UK laws which are legislation, common low, European Union andEuropean Convention on Human Rights.Legislation:It is law which is made by the legislature. The most essential pieces of legislation areActs of Parliament. The principal legislature in the UK parliament that is based in London. It isthe only body which has power to pass laws that implement in all four nations (Morrison, 2018).The UK parliament comprises House of Commons and House of Lords.Common Law:The legal system of England and Wales is common law, so that the decisions of seniorproceeding courts become portion of the law. It is the body of unwritten laws which are based onlegal case law set up through the courts.European Union Law:The United Kingdom is Member State of European Union that refers to European Unionlaws takes priority over UK laws. It is the system which has political associations, social andeconomies policies (Gelter, 2016). The Council of European Union shows member stategovernment while the Court of Justice is referred to continue the rule of law and human rights.Acts of Parliament:The UK Act of Parliament is primary legislation passed through Parliament of UnitedKingdom. It has been identified through memberships of European Union which acts or portionsthat conflict with EU law can be dispaplied. An Act of Parliament is law which enforced in allfield of UK where it is applicable.2
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