Assignment on Business Law in UK (doc)
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Added on 2021-01-02
Assignment on Business Law in UK (doc)
Added on 2021-01-02
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Business Law
Table of ContentsINTRODUCTION ..........................................................................................................................4LO1..................................................................................................................................................4P1 Explaining different sources of law in the context of UK ................................................4P2 Presenting the role of government in making law and how such aspects are applied injustice court............................................................................................................................5M1 Evaluating the effectiveness of legal system in terms of recent reforms & developments..6LO2 .................................................................................................................................................6P3 Illustrating the impact of company, employment and contract law on business ..............6M2 Differentiating legislation, regulations and standards.....................................................6D1 Critically evaluating legal system and law by using examples........................................6LO3..................................................................................................................................................6P4 Explaining manner in which different types of business are legally formed ...................6P5 Defining how business units are managed and funded.....................................................7M3 Assessing advantages and disadvantages of different types of organization formed .....8D2 Critically evaluating types of business unit....................................................................11LO4................................................................................................................................................12P6 Recommending legal solutions for resolving range of disputes.....................................12M4 and D3 Comparing and evaluation varied sources of legal advice associated with disputeresolution..............................................................................................................................12CONCLUSION..............................................................................................................................13REFERENCES..............................................................................................................................14
INTRODUCTION Business law implies for the legal framework which deals and governs aspects related toprivate as well as public law. Hence, such law is involved in regulating corporate contracts,hiring practices and manufacturing as well as sales of consumer goods. This areas of lawemphasizes on regulating commercial entities and commercial transactions as well. Laws relatedto partnership, company, bankruptcy and agency assists in regulating & monitoring commercialentities in the best possible way. In this, the present report will shed light on the sources whichcontributes in law making and governance. It also depicts recent reforms and developmentsintroduced with regards to UK legal system. Further, report will also shed light on differentaspects of business law including company, employment and contract. This report will alsodevelop understanding about the different types of business formation. Along with this, reportalso presents how business disputes can be solved through the means of arbitration andadjudication. LO1P1 Explaining different sources of law in the context of UK There are different sources of laws in UK that includes legislation law, Case laws and directors.Legislation law- Legislation is the law that have is passed by the government. In otherwords, it describes the act for making a new law. Legislation laws are of two types including theprimary legislation and the delegated legislation where in primary legislation the laws areenacted by the Acts of statues or parliament. Statues states the general intention of the parliamentin a specific field.Case laws- under this source the decisions laid down by the court are mentioned in thepublication called as law reports (Baker, 2019). This act as the primary and fundamental sourceof law UK. For developing the law successfully it is essential that report is produced containsreliability which carry the decisions, issues and facts. Directive- are the regulation given by the European Union which governs the conduct ofbusiness and people of the member nation of the EU. Directives are legal act of EU which givesdirection to the member state to achieve a given set of objectives without bringing down themeans of achieving that result.
P2 Presenting the role of government in making law and how such aspects are applied in justicecourtA bill, before presentation to the parliament have a status of proposal in form of draftlegislation which is first approved by the cabinet minister and then presented to both houses ofparliament as bill. The bill is introduced in the parliament to one of the two houses through firstreading where the tile of bill is read out with presenting the fact what exactly is going to bediscussed over in the near future. From here the bill goes to second reading where the principlesof bill are debated over and voting is done (Carbone and et.al., 2016). The discussion is carriedforward to the committee stage where the house committee undertake an intense debate andmake amendments in bill. From here bill goes to house member in report stage where theamendments made are considered and voted upon. After this comes the third reading where finaldebt over bill is done with no changes and voting is done. After this bill goes to both houses andit goes through same procedure, change if ant made, bill is sent back to first house to consider thesame. This process continues till both houses reach to mutual decision. Finally, bill gets anapproval from her Highness and converts into law.Application of statutory law:The statutory laws are the legislation which are made through the act of parliament.These are required to be interpreted by the judges though the help of internal and external aidsincluding hansards, dictionaries, long title and others. The judges are needed to see the lawwhich is applicable in a case and then apply the same to the facts of case to reach a significantand correct decision. Such as in the case of Pimlico plumber, 2018 the judges saw the provisionof employment rights act, 1994 to determine the employment status of the employees.Application of Common law:The common laws are the decisions of the prevision case laws which are to be referred bythe judges while decision of lawsuit with similar subject matter. As in the case of Uber v Aslam,2018, to decide the employment status of the drivers of Uber the decision of the Pimlico casewas referred and then ruling was passed on the case.M1 Evaluating the effectiveness of legal system in terms of recent reforms & developmentsThe English legal System is one of the oldest legal structures in the world as it holds ahistory of more than 900 years. The recent development and reform in the legal system discussed
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