Business Law and Ethics Analysis

This assignment delves into the intersection of business law and ethics. It requires students to analyze various legal concepts within a business context, examine ethical dilemmas faced by organizations, and explore the impact of recent events on both legal and ethical landscapes in business. The assignment emphasizes critical thinking, research, and application of knowledge from legal and ethical frameworks.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK1.............................................................................................................................................1
P1) English legal structure and sources of law that complied by it............................................1
P2) Role of government in making and implementing laws.......................................................3
TASK2.............................................................................................................................................5
P3)Impact of law on business operations....................................................................................5
TASK3.............................................................................................................................................6
P4)Legal solutions for business cases.........................................................................................6
P6)Justification for given solution..............................................................................................8
TASK4.............................................................................................................................................9
P6)Recommendation of appropriate legal solution.....................................................................9
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Business law is the study of legal and legislation that are related to business activities. As
to provide assistance to a company this law has taken place. This is a different section of law
which only considers problems regarding business activity. In this a detail information is been
given about how one should start a business and how to carry out them in a proper and lawful
manner (Bagley, 2010). There are several rules that has to be followed by business person so that
illegal act can be prevented also along with that justice and fair trade can be performed. It is very
essential for a business to practice legal activity in it otherwise law and legislative body can take
several legal actions against them. Many laws and rules are introduced by company so as to
protect customer's rights that are pertained with them so that not illegal act can be performed
against them.
TASK1
P1) English legal structure and sources of law that complied by it.
English law is a well structure form of law which is very appropriate manner has made
so that problems and issues that are faced by people in society can be get resolved in effective
way. There are several norms and laws that must be followed by each and every one so that no
one could stuck in illegal activities. It is a system which guides in performing every actions in
correct manner. These are made so as to avail justice to one who is facing problems (Bishara,
2011).
The diagram presents a structure which shows how one can appeal in court for their justice.
Cases that are related to criminal activities they are presented in criminal court. In magistrate
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court plaintiff will appeal for first call, if he/she is not satisfied with decision of court then
further he/she could go for crown court. Further, court of appeal is the option where they can
appeal for their justice (Cavaliere, Mulvaney and Swerdlow, 2010). Common cases are dealt in
civil courts there are three sections, county court, high court of justice and court of appeal. There
they can appeal where decisions are made in favour or against depends upon particular case.
Sources of law
 Constitutions- It is one of the source which is very important for a nation. It is a basic
document that is very essential for a country to consider. These are very well structure
rules which consist of principles that are very essential in regulating a country in an
appropriate manner.
 Common law: It is a system which is created by courts, judges and comparative tribunals.
It likewise includes those circumstances in which gatherings to contract differ as to law
and in that cases, this law court takes reference from choices gone by pertinent courts in
synchronization with standards of cases that has been done in previous time period.
 Equity law: This is a law which is identified with creating and advancing value among
premises of an association. It is a piece of common law. It fundamentally concentrates on
to making of value in every last angle and parts of a nation.
 Legislation: Legislation is a term which is a critical system established or declared by an
overseeing body or an assembly. Enactment is known as Bill before it is being
proclaimed as law. The primary motivation behind enactment can be as far as control,
authorisation or to confine something. It can be noticed that governing body is proposed
by an individual from the council (Cheeseman and Garvey, 2014). European Law: It is an idea in which there are various standards, working in a few
conditions of European Union. It has a goal to upgrade and create peace and its
productive esteems alongside social welfare of individuals.
Complying of laws in a company
 It is very essential for institution to adapt various laws that are used to protect rights of
employers and employees. There are numerous laws that has been specially made as to
carry out them in a organisation. Equality Act 2010, Data Protection Act 1998 all are
rules and norms that has to be followed by firm at time of selection and recruitment.
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 Employment rules and regulations are also there as because this will help firm in
understanding about each and every rights that being and employer have and what are the
rights that are given to employees at work place. Employment act and minimum wages
acts are included in this.
P2) Role of government in making and implementing laws.
Government is contributing in making laws for nation as because they know all the
circumstances that are performed in nation.
1. Issues rises on government plan This is the phase where a few issues and issues that are
confronted by representatives in association and individuals in the public arena of country is
been exhibited in an exceptionally itemized way (Chemerinsky, 2016).
2. Thoughts of tending to issues-In this stage a few people of both houses will give their
suppositions upon a few circumstances of issues. A duty is endless supply of parliament to
benefit diverse proposals and suggestions for issues that are confronted by open in a nation.
3. Consultation with related members- Problems are examined by those individuals who have
more understanding and information about such circumstances. Their suggestions and
recommendations are asked and are counsel to them with the goal that they might share their
perspectives for a specific circumstance.
4. Acceptance of cabinet minister- The issues and circumstances are introduced before bureau
serves as in light of the fact that their acceptance is particularly required, so contentions and
dialogues are done essentially positive perspectives are talked about with the goal that they might
concur upon proposition given to them.
5. Preparing bills- The suggestion that has been introduced to bureau serve, on the off chance
that they acknowledge it then it will be changed into a Bill. This bill is conveying a few
viewpoints that are demonstrating cures and suggestions that can be given to specific issues and
issues.
6. Bill scrutiny- As to conclude the Bill it is extremely fundamental to be acknowledged by both
houses. As they supports the proposition then it is been additionally considered for making a
corrections (Crane and Matten, 2016).
7. Parliamentary steps
◦ First reading- Title and subject of Bill will be reported and given to every last
individual from parliament.
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◦ Second reading- Discussion about bill is conveyed then MP's are to vote according to
their perspectives and supposition.
◦ Stages of committee- Committee individuals commitment are done here, and as
indicated by that votes are attracted support and against of the bill.
◦ Reporting step- Reports are exhibited to parliament with required changes and
adjustments in perspectives. At that point individuals will give a few proposals and
answers for more changes (Hayden and Bodie, 2012).
◦ Third reading- Discussion for the most part can be said as a level headed discussion is
performed lastly a choice is drawn out of it.
◦ Approval of bills-At this stage individuals from parliament will accept a last call
where charge is acknowledged or will get rejected. Acknowledged bill will be passed
on for additionally prepare.
◦ Monarch's assent and institution of law-At last with each individuals
acknowledgement and endorsement of Monarch, bill will be proclaimed as law and is
executed in countries administrative framework so that for issues arrangements can
be benefited to the individuals who are enduring such circumstance.
Difference between common and statutory laws
Common law Statutory law
These are law that has been sanctioned which
depends on courts run the show. It is likewise
said to be as case law.
 Here new choices of judges are
included.
 It is a procedural framework.
 It is having enlightening natured.
 These are composed around enactment
of a nation.
 Here new laws are presented by
organizations of government.
 It is a substantive framework.
 It is prescriptive in nature (Heath,
2011).
Implementation of statutory and common law
 Statutory interpretation- This is a method which is used by court so as to interpret and can
be able to to implement laws and rules for particular situation.
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 Help and assistance used by judge- As to take decisions it is very essential for judge to
considered several rules and norms related to a particular case or situation. So for that
they need to consider few things such as, Oxford dictionary etc.
 Rules of interpretation- There are some rules that are to be followed by company so as to
interpret for several cases, they are-
◦ Golden rules- This is a rule which is used by judge to in English court. It basically
deflect meaning of a statute and considers about those aspects which are not
providing a wrong meaning (Kinicki and Kreitner, 2012).
◦ Literal rules- These are those aspects which is very helpful in linking and connecting
with general meanings of the statute.
TASK2
P3)Impact of law on business operations
Laws are very important aspect that company had to considered as because there are
several circumstances where company need to adapt assistance of legal body. Therefore to cover
up problematic situation law plays an essential role for company.
A)Legal obligations of employers
 Occupational Health and safety- It is a prior obligation that must be performed
relationship for its workforce. Employees need to be protected by organization at
workplace. Health and safety Act 1973 says that workforce needs to shield from various
perspective (Law, Qi and Buhalis, 2010). Prosperity is a critical issue as entire
commitment of family lies upon that person who is working in an affiliation.
 Work remuneration It is a thought that representatives will be receiving consequently to
their execution in an association. In business law it has been obviously specified that
lowest pay permitted by law must be given to representatives to the work that they are
performing in a firm. For damage and instability that has been got confronted by a
representative at put where he/she is working should be considered by firm. Pay must be
profited to them.
 Harassment- It is condition where people are managed against social lead. Strict exercises
must be masterminded with the goal that no one would perform wrong act to anybody in
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a working spot. Punishments and moves must be made against them so that they can
realise what wrong act has been performed by them (Pohl and Tolhurst, 2010). Equal opportunity- It is exceptionally basic for an organization or a business to profit
every last representative with same abilities and qualification an equivalent open door.
Male and female applicants additionally as to be considered as equivalent. Predisposition
and prejudice ought not be performed by manager with their workers.
B)Implication of employment and contract law.
There are numerous norms and regulation that are very necessary for an organisation to
take in consideration in respect to employment and contract law. As to promote health and safety
contribution of organisation is very must needed.
According to the given case study, a 16 year old girl was on job at a fast food store (Reed
and et. al, 2013). One day, she met with an accident. She slipped on water which was on floor
due to leakage in an ice making machine. Her hand burn as it fell into a deep fryer of 360 0 F. It
was seen that there were less staffs on that particular day. Team leader was also doing some
other activity and was found that no health and safety precautions were made by company.
As according to present scenario, Employment Act, 1996 as well as Contract Act, 1872
will get applied to it. Employment act states that employer must perform several duties that are
related to health and safety of employees. It is the liability of employer to guarantee of protection
of manpower working there.
Referring Contract Act, 1872 it can be understood that a minor party is not eligible to
enter into a contract. In present case girl was just 16 year old. Concerning this, girl can not get
into a contractual relationship with any organisation.
TASK3
P4)Legal solutions for business cases.
Scenario-1
As business law characterize, there are having some unique guidelines and direction ,
which are managed or captivated by administration of nation. There are accessible different
system of rejection approaches, they are-
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 Fair dismissal-: This is a condition where an unmistakable reason has be cited by director
of the firm. Employer can dismiss manpower with a proper clarification instead of
terminating from firm without consider a specific reason (Suthers and et. al, 2013).
 Unfair dismissal-: This is circumstance, in which abruptly fire workers from association
without giving any data to them by managers.
According to cite case study, a designer named Calvin is working in an organisation for
last 4 years. One day, Donna his employer came and checked petty cash book where she found
that £100 is missing. She blamed Calvin for this and dismissed him. This was not legal as
because she did not investigated exact situation what had taken place she just directly called him
and terminated him (Trompenaars and Hampden-Turner, 2011).
Suggestions for Calvin-
 Calvin can take support of work tribunal as they are especially in charge of settling such
issue. Considering the work law they attempt to determine issues that are confronted by
representatives. As they hear cases like, out of line choice, unjustifiable finding of pay
and separation.
 He can likewise utilize the grievance taking care of circumstance from the organization.
As there is a different division in an organization where they can do their dissensions and
boards of trustees are set to determine their issues. In the event that Calvin is having a place with an exchange union then he can way to deal
with them to determine his concern of unjustifiable expulsion as on the grounds that he
was not given a particular notice for his repetition.
Scenario-2
As described in case, Kevin's father is having a small store, unfortunately it met with a
fire and whole store get destroys. His father applied for an insurance claim. At that time
company asked him whether they have utilised same services within last 2 years? He denied as if
was not clear about time and thought last claim was done before 2years. However, it was within
asked time that was of 23 month. Second time, when fire took place and when he went for claim,
company refused for it.
This can not be performed by company as because there is not such specific information
has been mentioned (Cheeseman and Garvey, 2014). So Dan can claim for insurance against the
damage took place become of fire.
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P6)Justification for given solution
Solutions that have availed for both the cases are very beneficial for them. As seen in first
case, provisions related to unfair as well as wrongful dismissal is implemented upon this.
1. Employment act 1996- Manpower are the most important aspect of an association. It is
extremely basic for a firm to give rights to representatives that are related in their part.
This demonstration expresses that representatives must be given a composed get that
must be benefited to them inside two month of joining. This work right act incorporates
numerous perspectives, for example, Employment contract 1963, Employment security
act 1975 and furthermore Wages act 1985.
2. Section 94- This section expresses that workers can not be expelled in unjustifiable way.
They have the privilege to oppose activity if performed by a business (Cavaliere,
Mulvaney and Swerdlow, 2010).
3. Section 95-This section of employment right act expresses that there are a few conditions
where organization can fire representatives. In the event that manpower ruptures the
agreement then he/she can be fired. Additionally if contract demonstrates a constrained
time period of a worker then likewise boss can fire that specific representative according
to composed contract.
4. Section 96-Unfair dismissal is a circumstance where representative is ended with no sort
of particular reason. It is fundamentally against a reasonable choice. Appropriate strides
has not been trailed by boss at time of end. At that point it is said to be as out of line
rejection.
As per, employment act and its section, it can be declared that unfair termination has been taken
place. According to law an employer is not responsible to terminate any one with out any kind of
prior notice or declaration. Along with this, management should be concern about several laws
and rules that are drawn by government and judges for organisations to follow. Breaching them
can cause problem to firm as well.
On the other hand, case of Dan, he can go for his fire damage insurance claim. According to
Insurance act there is no such provision that states about limit of claiming (Bishara, 2011).
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TASK4
P6)Recommendation of appropriate legal solution.
A) Alternative dispute solution
This is a tool through which several issues and problems can be resolved in an
appropriate and effective manner. In other word it can be defined as the issues are addressed and
settled in proper manner without presence of any judicial. There are numerous issues and
conflicts that are resolved here. Advantages of this is-
 It is very effective in problem solving.
 It saves time.
 Cost can be less compared to other systems. Penal charges also get reduced through this.
B)Case
According to the scenario, Antwon and Tyrell both are having a dispute which has not
been get resolved yet so, they can resolve their conflict in an appropriate way through
conciliation and arbitration. Arbitration is a method where problems and issues get resolved
outside the premises of court (Bagley, 2010). Here arbitrators are hired by both the parties so that
they can try to resolve. Whereas in conciliation it does not have any legal stand and also the
person is not having any kind of authority regarding evidence seeking.
UK USA
Company law Company's act 2006 is adapted
in UK, where in detail manner
roles, responsibilities and
liabilities are mentioned so as
to know what all has to be
performed as to run a business.
In united States, securities act
1933 is used and also security
and exchanges act 1934 are
adapted. Provisions that has to
be followed by company are
mentioned in this.
Minimum wage In UK minimum wage act,
1998 are used by this nation so
as to avail wages and salary
according to that.
Fair labour standard act is been
executed by USA, where each
and every employee's wages
rights re mentioned that they
pertain for job they do.
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CONCLUSION
From the above report it can be analysed that business law is very essential as to carry out
operations and functions in a lawful and legal manner. There are numerous laws and norms that
are made for providing justice to employees as well as company. Also impact and affect of law
in activities of business has been studied. Contribution of government in making effective law
and its implementation has been concluded.
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REFERENCES
Books and journals
Bagley, C. E., 2010. What's Law Got to Do With It?: Integrating Law and Strategy.American
Business Law Journal.47(4). pp.587-639.
Bishara, N. D., 2011. Governance and corruption constraints in the Middle East: Overcoming the
business ethics glass ceiling.American Business Law Journal.48(2). pp.227-283.
Cavaliere, F. J., Mulvaney, T. P. and Swerdlow, M. R., 2010. Teaching business ethics after the
financial meltdown: is it time for ethics with a sermon?.Education.131(1). pp.3-8.
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Chemerinsky, E., 2016.Constitutional law. Wolters Kluwer Law & Business.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Hayden, G.M. and Bodie, M.T., 2012. The Bizarre Law and Economics of Business Roundtable
v. SEC.J. Corp. L..38. p.101.
Heath, J., 2011. Business ethics and the ‘end of history’in corporate law.Journal of Business
Ethics.102. pp.5-20.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Law, R., Qi, S. and Buhalis, D., 2010. Progress in tourism management: A review of website
evaluation in tourism research.Tourism management.31(3). pp.297-313.
Pohl, M. and Tolhurst, N., 2010. Responsible business: how to manage a CSR strategy
successfully. John Wiley & Sons.
Reed, O.L., and et. al., 2013. The legal and regulatory environment of business (p. 328).
McGraw-Hill/Irwin.
Suthers, D., and et. al., 2013. Productive multivocality in the analysis of group interactions.
Springer Science+ Business Media.
Trompenaars, F. and Hampden-Turner, C., 2011. Riding the waves of culture: Understanding
diversity in global business. Nicholas Brealey Publishing.
Online
AIDS TO STATUTORY INTERPRETATION. 2014. [Online] Available through:
<http://lawgovpol.com/aids-statutory-interpretation/>. [Accessed on 7th July 2017].
BUSINESS LAW REVIEW, 2017. [Online]. Available through:
<http://www.kluwerlawonline.com/toc.php?pubcode=BULA>. [Accessed on 7th July
2017]
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