Understanding Business Law and its Impact

This assignment delves into the core principles of business law, examining its role in shaping commercial practices. It analyzes various legal aspects relevant to businesses, such as contracts, employment law, intellectual property, and corporate governance. Students are tasked with researching and understanding different legal systems and frameworks, including transnational legal orders, and how they impact businesses operating in a globalized world. The assignment also explores ethical considerations and challenges within the business legal environment.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
P1 Explain the structure of the English legal system and discuss the different sources of laws
that organisations must comply with. ....................................................................................1
P2 Explain the role of government in Law making and How statutory and common law is
applicable in the justice court.................................................................................................3
M1 ..........................................................................................................................................4
D1 ..........................................................................................................................................4
SECTION 2 .....................................................................................................................................4
P3 Explain legal obligations of the employers and explaining the impact of employment and
contract law. ..........................................................................................................................4
SECTION 3......................................................................................................................................5
P4 Description on the legal solution for the given case scenario. .........................................5
P5 Description on the justification for the solutions. ...........................................................6
SECTION 4 .....................................................................................................................................7
Description on Alternative dispute resolution .......................................................................7
Description on the alternative legal solution for the given business problem........................9
CONCLUSION..............................................................................................................................11
REFERENCES .............................................................................................................................12

INTRODUCTION
P1 Explain the structure of the English legal system and discuss the different sources of laws that
organisations must comply with.
English legal system is the law which comprised in the EU. English system is applied in
all business activities to sustain proper discipline level in the country. It makes company
sustainable and reliable (Allen, and Kraakman, 2016). This involves employment contact and
many other laws which are needed to run the business. It consists of common law as well as civil
laws. All decisions are taken by the judges in the court. It makes new form of culture and lawful
environment in order to identify safe environment in the country. This law is follows by many
countries such as Australia, Canada etc. English legal system has form of hierarchical structure
and the last decision is taken by the Supreme Court. England most authoritative law is supreme
legislation. In the absence of any law in that situation common law is the substitute of law based
on judicial decision. Mainly, it consists of common law and civil law. Common law is the most
important law which takes mainly high cases and decision making approach. This law is
amended by the parliament (Blount and Nunley, 2015).
Purpose of the English court structure is that to govern the regulatory system and better
efficient goal making task. It includes various kinds of structure and goals making task such as
magistrate court, crown court, high court, court appeal, supreme court. Magistrate court is a
lower court where several jurisdictions and all criminal case were taken into consider. Crown
court is the another court of England and Wales it is one of the senior court laws considered
criminal cases. Besides, supreme court is the another way of the necessary regulator body.
Structure of English legal systems.
The top management of English legal system is the Supreme Court which takes
all final decisions. Besides this, all the decision is taken by the judges or on the basis of legal
legislations. In this legal system, all cases of criminal law are solved by the judges or from the
concern of jury. Besides this, civil law cases will solve by the interaction with people. As per the
enactment of European Communities act 1972 (English legal system.2016). Supreme Court
recognised is the highest court in English legal system. This supreme court hierarchy structure
splits into two ways civil and criminal divisions (Cheeseman, 2016. ).
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Different sources of law
There are any sources of law which is mandatory to follow by all the organisation. By
avoiding the following legislations, company will face heavy issues and trouble for their own
functioning. This sources of law guide the company to adopt legal ethical working environment
for the business activities (Claypoole, 2016). This consists several legislations to protect the
interest of employees and human rights. Such sources are mention below.
European Union Law: This law is made for the English people of EU. There are several
laws is contains in this source of law, which guides organisation to run business activities in
ethical manner. Overall it makes organisation protective and free from uncertainties. This law
defines employment law and contract law. In employment law, it describes all duties and
responsibilities of employer towards employees. Besides contract law describes the laws and
code of conduct to maintain the contract valid. European source of law guides organisation to
apply aEnglish legal system.2016ll those laws and regulations to run the business activities
smoothly (Elkouri and et.al, 2016). Overall, this source of law is mandatory for smooth
functioning otherwise, government take strict action against fraud organisation.
Jurisprudence: it is the next source of law which focuses on civil rights, Human rights
etc. Jurisprudence works in the direction of improvement in legal systems and develop the laws
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Illustration 1: English Legal Structure
Source: Structure of English court system .2016 Source: English legal
system.2016

on the basis of requirement. It helps to protect the human rights and human values (Graw and
et.al, 2016).
Common Law: Common law is made for the custom of English people. All the cases of
common laws are solved by the judges or the concern of tribunals.
Statutory laws: this source of law is the most important law in English legal system. It
includes health ans safety, contract and insurance. This is also known as source of reform since
17th century. This sources of law have already been written. All the decision is taken on the basis
of those written laws only.
International Court : International court is the system under which principal judicial
organ of the united nation. It helps to settle legal disputes between members states and give
advices to authorized UN organs.
Act of parliament : it is the most important law system which is passed by Imperial
legislative council between 1861 and 1947. All the laws passed by the government is mandatory
ton abide.
Precedents: it is the another legal system which is called Precedents. It is the rule
established by previous legal case.
P2 Explain the role of government in Law making and How statutory and common law is
applicable in the justice court
Role of Government in Law making.
Most of the draft bills are examined either by select committees in the commons or lord
or by a joint committee of both houses. All legislative bills are passed by the government and
prepared by the ministers. The main responsibility of the parliament is to utilized the resources
and drafting it in the form of legislative provisions. The main function of the parliament is to
give the proper shape of the policies of the government. The bills which drafted in the ministers
which scrutinized by the council of state and then submitted to the parliament. Parliament is the
highest legislative body in the United Kingdom. Overall, it makes overall environment which
takes decision after government. Government plays a very important role in making laws and
legislations. No one can pass the laws and bills without the legal concern of government
(Halliday and Shaffer, eds., 2015). Government has authority to pass the law and code of
conduct of nay regarding laws. Government makes necessary changes and amendments in the
laws. Final approval has been passed by the government. For making laws, all the senior
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authorities will take meeting and analyses the requirement of necessary laws. According to that,
they prepare documents and make final approval by the government. Before implementing the
law, government will determine its pros and cons then after they sign the documents.
Application of statutory and common laws in the justice
Common law describes two major case laws first where judgement passed and become
new laws. On the other side, second where judges amends existing law and determine new
boundaries (Mann and Roberts, 2015). Common and statutory laws are mandatory for the
company to be followed. Besides statutory law passed by various government agencies. This
contains legislations of statutory which is already have been written. In common laws in this
case decision are based on the situation and decision accordingly. Process of statutory law is very
large and lengthy it takes time to resolve the all issues, in this process will go from lower to
higher authorities. Besides in common law different standards are applied (Milligan and et.al,
2017).
In parliament system bills are drafted on the basis of decision taking in the organisations.
All the regulatory system passed by the higher authorities' system taken by the parliament. This
will base on set structure that is amendable for all kinds of systems. All bills have passed from
particular cause and reason and approved by the signature of government bodies. This also
known as house of lord or lord of queen.
M1
There are many changes have been done to improvise the development in legal laws
according to the situational requirement. The government of UK has applied free trade policy for
the organisation to run their business into smooth manner. This development process makes
environment more ethical and productive. Legal systems are very helpful to address many
unethical actions taken by the company and take strict action against them. This helps to take
new laws and protective act on the behalf of human safety (Shaw-Mellors and Poole, 2018).
Legal system plays a very important role in order to create the safe and secure environment in
the UK country. Legal system helps to main tin the terror free environment, reduce consumer
false activities, remove fraud organisations from the market, make future certain and safe.
D1
English legal system is very mush effective in EU. This legal structure or system made
for the protection of English people in the country. It is very necessary for all the organisations to
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adopt legal structure of English law. If companies fail to adopt all necessary laws and acts, they
will be liable to face high troublesome.
SECTION 2
P3 Explain legal obligations of the employers and explaining the impact of employment and
contract law.
A- Legal obligations of the employers.
There are different obligations English legal system.2016of employers towards its
employees in the organisation. Some legal obligations are mention below:
Occupational Health and Safety: health and safety is the foremost duty of employer
towards its employees. Employer has duty to ensure the proper safety needs of employees at the
work place (Van Uytsel and Wrbka, eds., 2016). Employer should adopt all safety precaution
needs in the organisation in order to identify safe environment. If any employee get injured in
during working hours and the reason of improper arrangement in that particular case employer
responsible to bear all losses and expenses of employee. Employee safety is the foremost
responsibility of the organisation. Occupational Health and safety act 2004, it is the necessary
law of legislation which is applied by the company to ensure workers safety needs.
Workers Compensation: it is the legal rights of employees to take compensation amount
from the company. Workers compensation involves wage replacement, medical benefits,
employees injured, employees rights. This is the obligation of employer to adopt all theses safety
precautions for their employees. In case of any negative activity, employee has right to sue their
employer for the negligence. General damage for pain and suffering in that case employer should
provide all benefits to the employees (Wilcox and Youngsmith, 2017).
Harassment: harassment is the biggest crime or illegal activity for any organisation, it is
the biggest obligation of employer to ensure the working practises in the organisation, and if
anything is happened take strict action to remove from the organisation. It makes negative image
of the company in front of employees. For making working environment safe and secure,
employer should adopt all necessary laws and amassments to avoid uncertain situations.
Equal opportunities: Equal opportunity is the right of every employee and it is the duty
of employer to make fair decision with every employee (Claypoole, 2016). Each employee has
right to get equal wage, opportunities and benefits on the basis of their skills or position.
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According to the law of equality 2010, employer should provide equal chance and opportunity to
the employees.
B- Impact of employment and contract law on business practises.
In according to the employment and contract law it is not possible to enter the contract to
those who is less than 18 years of old. It is totally illegal in the eye of law. Company should
adopt all legal implications of law to run their business in smooth manner. It makes ethical and
safe environment. Besides, employment law also need to be follows by the organisation to ensure
the safety needs. As per the scenario where there is a girl working in the organisation which is
only 16 years old, Which is completely illegal. Company is liable to abide all laws to make good
image in the market (Van Uytsel and Wrbka, eds., 2016). Contract law impact on the business
environment positive as well as negative. In case of any unlawful environment company should
facing the effects or legal actions. Along with that, employment law is very necessary for the
company which affects the company environment.
Some issues to be considered by the organisation while adopting employment law and
employment law. Such as health and safety act 1974. Under which company needs to ensure
about proper cleaning and maintained hygiene factors under which all factors includes such as
company needs to protect employees from fireworks, slippery floors, unhygienic factors etc.
besides, they also need to take care about or adopt Employment Protection Act 1996 under which
company reliable for fair remuneration, effective compensation, bonus, incentives and perks.
Through which employees get affected towards the company. These factors impact on the
business activities.
SECTION 3
P4 Description on the legal solution for the given case scenario.
In the first case it has been determined that the name of the person Calvin dismissal who
have been working in the fashion industry for last 4 years. Suddenly the firm people having
doubt that he has withdrawn the amount of money from his petty cash box in this manner
without any evidence he was dismissed from the job. This incident was not so good this is need
not to be happened.
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It is unlawful act that dismissing the employee without any prior notice gives right to him to file
the case on the employers (Nichols, 2012.). In this manner it is not essential to file claim for
this. This right has been justified under the act of parliaments.
In this it can be stated that the act which has been performed by the employer was not so right
and it can be count under the illegal procedure. If having doubt on any person about the any
misconduct happen in the premise than he should have given the prior notice of month about
terminating from the job. In this manner this act can be count under the legal boundaries. In
order make this thing legal the person need to have proof which can justified that the given
contract is fair. In this it is need to clearly justified that the employer should have reason to
dismiss the person without giving any prior notice. Only on this basis this will be justified under
the legal boundaries.
In the second case scenario it has been defined that the Dan who is the father of Kevin was
having the convenience store which was destroyed in the fire and insurance. The amount for the
compensation has been claimed (Lyons, 2013). During this time has opened the store at any
another location. In this case, he has not received any fire insurance and then again he has
claimed in last two years. After the time the another store also got fired insurance company
stated that the information provided by the Kevin was not right.
After, analysing the each situation it has been stated that the first store was in the name of his
father and another store is on the name of Kevin. In addition to this the insurance company
claimed that the claim which has been undertaken by the father cannot be accounted by the son.
In this manner the claim of the insurance company was not right and the Kevin can have the fire
insurance claim.
P5 Description on the justification for the solutions.
According to the unlawful and wrongful dismissal under the employment act of the
united kingdom has been stated that the person cannot terminated without giving prior notice. In
this manner the following things is need to be covered such are as-
Without any fair reason of the dismissal.
The things has been dealt unfairly.
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In the above given cases it has been determined that if this kind of the incident happened the
employee have the right to sue on the employer (Lieberman and et.al., 2016). This is the kind of
the statutory act in this the act of the parliament has been covered. In the equality act it has been
clearly mentioned that the person are having the equal right in order to fight on the basis of the
fair reason. The workers who are working under any firm than they need to treat each employee
in the equally manner ros that they can able to entertain the things. The person is having the full
right to sue in this manner if there is any discrimination in the ground of the workforce than he is
able to responsible for the unethical behaviour of the conduct.
According to the law of united kingdom in this it is clearly been justified that it is essential for
the company to check the various kind of the facts which it is to be given by the client. In this it
has been justified that after the age of the 18 years the identity of the father is differed from the
son. In this two person cannot be considered same when the there is account of any legal issue.
In the given case the claim was has been undertaken by the father not the son. In the second time
when the fire occurred than the claim is need to be taken by his son.
He has the right yo file for the sue because the person is claiming for right on his own
name. The insurer has to pay the person and this kind of the rules are need to be issued by the
government which are related to the business activities. In this way the insurer cannot terminate
the contract without any reason (Kinicki and Kreitner, 2012). As per the present case the father
and son both are deemed to be correct and they need to get the compensation claim. In this
misrepresentation of the case has been carried out by the insurance company and this kind of the
things attract the case towards the breach of contract. In this manner the son and his father
deemed to be correct.
SECTION 4
Description on Alternative dispute resolution
ADR is a kind of attempt to provide solution to a particular dispute raised without taking
any legal actions, i.e. without any litigation. An alternative to solve the disputes can be through
arbitration, mediation or negotiation.
ARBITRATION
It is an informal process, in which a third party enters the disputes to solve it. The third party
hears on both the sides of the dispute and makes the decision thereon. The decision can be
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binding or non binding. Binding force the two parties to agree to the decision made by the third
party, whereas, non binding is one in which both the parties may agree or not agree to the
decision made by the arbitrator.
MEDIATION
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It is a collaborative process, in which a mediator is appointed which settles the disputes between
the two through mutually agreeable decisions. The decisions taken are usually non binding.
NEGOTIATION
In this process, the two parties mutually negotiate with each other on the related without any
mediator or arbitrator. There is no kind of binding or non binding, as it is mutually agreed by the
concerned parties.
BENEFITS OF ADR
ADR gives a number of advantages to the clients. Some of its benefits are listed below.
It saves a lot of money on behalf of both the parties as it does not require the clients to appoint
the high waged lawyers.
It also provides its clients with time-friendly activity, as it saves a lot of time of the customers.
It allows both the parties to keep their views on the disputes in front of each other and also
allows them to take part in the final decision making.
ADR focuses on the prime issues to be considered rather than other legal formalities which are
required in litigation.
It provides flexible and acceptable decisions to its clients.
By settling the disputes, ADR preserves the relations between the two parties rather than
punishing any one of them, which is followed in litigation activities.
Through ADR, the dispute between the two is kept private in contradictory to the litigation
formalities which leads to exposures.
It generates a stress free environment for the two parties as allows them to keep their views on
the counter.
With its previous records it can be cleared that, it produces good results.
The decisions taken are more flexible as they can be binding or non binding, this allows the
parties to be hassle free and show their problems.
These practices give more preferences to justice, as compared to the juridical orders since, these
orders are based on evidences and the decisions taken by the ADR are based on the views of the
parties.
The arbitrator or the mediator can provide with much effective decision as they are selected by
the concerned parties and they have proper knowledge about the law and order of that particular
field. Also, the decision taken is not biased.
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Types and process-
in this the alternative dispute resolution has been divided into the three types such are as-
Arbitration, meditation and Neutral evaluation.
Arbitration- This is the kind of the process in which fair mind person can be called as the
Arbitrator, he hears the controversy and proofs of the each party than court pass the effective
judgement on such basis (Foss and Knudsen, 2013). This thing can be stated that there are two or
more person who are binding by the decision of the court known as arbitration. This is
categorised in two parts such are as Binding and non binding arbitration.
In this the binding arbitration in this one party need to handover full care to the arbitrator and
agree on the final decision. The non binding arbitration is the kind of the process sin which the
given parties are free to disagree on the decision of the arbitrator.
Neutral evaluation- This is the person firstly he work in relation to control the parties so that
they can able to take the effective decision (Folsom and et.al., 2012). This person plays the role
as the evaluator, he need to make better evaluation in the various things such are as strength,
weakness of each party so that they are able to pass the effective judgement.
Meditation- in this there is the person who considered as the mediator, in this it is very essential
to get the good result of the dispute, being the mediator. They are the very important person
because they used to help each other in relation to make better communication between the
parties in relation to get the better decision (Eren and et.al.,2014). Mediation process is very
helpful for those who wants to prevent the relation in the authentic manner. The mediation
process is not applicable where the party among the other has more power in the business in
relation to have the beter comparison of each other.
Description on the alternative legal solution for the given business problem.
In this it has been defined that each of the person in the party is facing the issue in
relation to solving the issues between them. In this there are two people such are as Antwon who
is the person has made the large investment and the another is tyrell who is the owner of the
company and making the software.
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The dispute was continues for the long time but in these parties did not get any proper and
appreciated result. This case has been passed in order to have the effectuate judgement so that
things can be resolved in the better manner.
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CONCLUSION
Hereby it has been concluded that business law is helpful in relation to follow the all
activities in effective and efficient manner. This is the major concern and in this all legal factor
of the firm is needed to understand by the people because it is issued by the government. The
present report is inclusive of the various kind of the activities such are as English legal system
with the inclusion of various kind of the activities such are as criminal, civil and other law. The
alternative dispute resolution and the various kind of the other things which will be beneficial in
order to have growth in the firm.
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REFERENCES
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Blount, J. and Nunley, P., 2015. Social Enterprise, Corporate Objectives, and the Corporate
Governance Narrative. American Business Law Journal. 52(2). pp.201-254.
Cheeseman, H., 2016. Business Law . Boston, Massachusetts: Pearson Education.
Claypoole, T., 2016. Privacy and social media. ABA Business Law Today. 2014.
Elkouri, F., and et.al, 2016. How arbitration works (pp. 15-69). Bloomberg BNA.
Graw, S., and et.al, 2016. Understanding business law.
Halliday, T. C. and Shaffer, G. eds., 2015. Transnational legal orders. Cambridge University
Press.
Mann, R. A. and Roberts, B. S., 2015. Business law and the regulation of business. Nelson
Education.
Milligan, J., and et.al, 2017. Looking Toward the Future: Different Avenues for Attacking
Employment Discrimination.
Shaw-Mellors, A. and Poole, J., 2018. Recession, changed circumstances, and renegotiations: the
inadequacy of principle in English law. Journal of Business Law.
Van Uytsel, S. and Wrbka, S. eds., 2016. Networked governance, transnational business and the
law. Springer.
Wilcox, K. C. and Youngsmith, D. M., 2017. Overview of Equal Employment Opportunity
Laws. California Employment Law. 2.
Eren, S. S. and et.al.,2014. International Business Machines Corporation, 2012. Caching message
fragments during real-time messaging conversations. U.S. Patent 8,255,473.
Folsom, R. H. and et.al., 2012. International business transactions: a problem-oriented
coursebook. ThomsonReuters.
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Foss, N. J. and Knudsen, C. eds., 2013. Towards a competence theory of the firm (Vol. 2).
Routledge.
Johnson, L., 2013. Unsettledness Delaware Corporate Law: Business Judgment Rule, Corporate
Purpose. Del. J. Corp. L.. 38. p.405.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Latimer, P., 2012. Australian Business Law 2012. CCH Australia Limited.
Lieberman, J. and et.al., 2016. Business law and the legal environment.
Lyons, M., 2013. Pro-poor business law? On MKURABITA and the legal empowerment of
Tanzania's street vendors. Hague Journal on the Rule of Law. 5(1). pp.74-95.
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English legal system. 2016 [Online]. Available through: <http://law.wisc.libguides.com/c.php?
g=204332&p=3205486>.
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