Business Law and the Legal System

This assignment delves into the core principles of business law and how they operate within the framework of the English legal system. Students are expected to analyze various legal aspects relevant to businesses, including contract law, company law, intellectual property rights, and ethical considerations. The assignment likely involves examining case studies, legislation, and academic sources to demonstrate an understanding of how legal principles shape business practices in England.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1. Structure of English legal system and different sources of laws..........................................1
P2. Role of government in law making and methods of applying laws in justice courts...........3
SECTION 2......................................................................................................................................4
P3(a) Explain employees legal obligation...................................................................................4
b) Impact of employment and contract law upon business.........................................................4
SECTION 3......................................................................................................................................6
P4 Legal solutions for business problems...................................................................................6
P5 Justification............................................................................................................................7
SECTION 4......................................................................................................................................8
a) Concept and benefits of using alternative dispute resolution process....................................8
b) Recommendation of alternative legal solutions to business problems...................................8
CONCLUSION................................................................................................................................9
REFERENCES................................................................................................................................9

INTRODUCTION
Commercial law is a cluster of numerous laws, norms, beliefs or acts initially which were
amended by legal bodies and enforced by government of a nation for protecting the rights of
individuals. In fact, it includes a large number of federal and state rules which must be followed
by every enterprise while running their business activities (Bagley, 2010). Basically, this report
is classified into four equal sections for highlighting essential laws and amendments as well as
structure of English legal systems by throwing some light on the sources of laws. Apart from
this, assignment is also going to describe an eminent role played by government during
enforcement of different laws and shows various appropriate methods of resolving business
problems. At last, this report will also state about the relevancy of employment and contract law
with the help of impressive case study or scenario.
SECTION 1
P1. Composition of European legal system and different origin of laws
Second name of English legal scheme is European system which is expanded at
international level and adopted by number of foreign companies to run their business for longer
period of time (Cheeseman, and Garvey, 2014). In fact, various laws and acts amended by
governing bodies act as a guideline or code of conduct and used by every organization while
carrying out its business operations. Along with this, no one has authority to break it because
main motive of legal bodies is to create an environment free from any kind of discrimination.
Additionally, every country has their own legal norms by considering essential facts and figures.
On the other hand, English legal system is one of the appropriate laws executed by
governing bodies of UK to create a surrounding free from any discriminatory acts by protecting
buyers and sellers from exploitation. All the rules and head of English legal system is mentioned
as below:-
Supreme Court: - This acts as a House of Lords and head of the legal bodies that mean
final decisions will be taken by Supreme Court. Thus, it has been understood that other tribunal
are bind with official document of top most authority and it is known as a biggest English court.
Afterwards, composition of English legal system is again classified into different parts
which are stated below:-
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 Civil law: - Deals with private disputes which occur between two parties and
organizations. It means that this law believes in resolving tiny issues that emerge in an
enterprise while running a particular business (Crane, and Matten, 2016).
 Criminal law: - It is based on criminal cases which means related with crimes for
example murder, stealing of indispensable data and information, inappropriate actions
etc. Thus, main motive of this court of law is to eliminate crime from environment.
Apart from this, authority or power is distributed among various other courts on local
basis which is shown as follows:-
(Source: Structure of English legal system, 2017)
After explaining an impressive structure, it is the time for getting aware about origin of
various laws which was mentioned as above. Therefore, sources of laws are stated as follows:- Source of Civil law: - Another name of this law is common law that is especially based
on various effective rule which were expressed in different past proceedings across the
time duration. Basically, it is enforced by legal bodies of UK parliament with the consent
of indispensable members as well as formulated parliaments (DiMatteo, 2010).
 Criminal law: - Major source of this law is that increase in crimes motivates governing
bodies to enact norms related to criminals. For example: arrests, investigation,
interrogation, etc. to protect society from any dangerous effect.
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Illustration 1: Structure of English legal system

Therefore, it has been understood that all the laws are originated from various sources
due to different reasons.
P2. Function of authorities in law designing and methods of applying laws in justice courts
Governance act as an indispensable duty in enactment and formation of laws because of
their power and authority as parliament is liable for implementing various acts to resolve the
social problems (Foss, and Knudsen, 2013). Whenever there is occurrence of any problem in UK
have a greater influence on large number of individuals than in this circumstances governing
bodies implement some impressive norms to check the actions of individuals which are
responsible for creating trouble. Therefore, in this situation, governing bodies make an
appropriate plan or proposal to send it to cabinet ministers for controlling misconduct as it
influences the overall society. Thus, if cabinet ministers get agree with the given plan and offer
then it may be converted into an effective bill that consists of necessary provisions and sections
related to issue.
In addition to that, after the same, official document is conferred to governing bodies in
general assembly where full exertion are implemented by the system of rules to prepare that
invoice or 'law'. Therefore, proper path are followed to transmit a bill to the legislative assembly.
In basic reading, legal document is transmitted to every MPs on the behalf of government
side and after that, MPs of governing bodies contribute high efforts to convince other MPs for
voting in favour of bill. After that, a health discussions is made in between every single Member
of Parliament on presented proposal to figure out the questioning affiliated with that legal
document. After this, an administrative body is having 20MPs that is made for conducting
essential modification in the bill to prepare that proposal much impressive and attractive.
Thirdly, selection and discussions are implemented for sending a bill to Sovereign for final
consent to convert legal document or bill into an official law.
Lawful or enactment rule is a demonstration oversaw by different authorised gathering. It
is descriptive in nature and fully fresh rules and regulations are granted by the specialist of
regulatory bodies. Custom-based norms are settled on the choices of judges (Grundfest, 2010).
Legitimate laws is implemented by management of organization with the guidance of various
legal offices. Basically these norms are designed just to take care of the problems of open and to
control difficulty situations. Royal court take their decision on the basis of planed act consist of
planning of discipline. Choice of every head is fully based or linked with disciplinary law. There
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is a greatest variation between normal and legitimate norms. Jury can make their decision on
various justice and it is not important to take after the laws or control implemented by governing
bodies.
SECTION 2
P3(a) Explain employees judicial duty Occupational health and safety: According to this law, health and safety measures are
one of major right of employees working at a workplace. Therefore managers of an
organization is responsible to provide safety tools and security to workers for protecting
them from any sudden accidents. Along with this appropriate training and education
should be offered to workers to maintain safety at workplace. Main motive of this act is
to secure every member of an enterprise from health hazards (Halbert, and Ingulli,
2011). Compensation of workers: It is a kind of benefits acquired by employees in various
forms for example medical advantages, extra working hours, injured at workplace.
Therefore it means that if worker get injured while performing their task and activities
than authority of an organization has to pay him for his injury within minimum time
period. Apart from this, at the time of any violence supervisors of an organization is
liable to provide accommodation to employees. Harassment: Higher authority of an enterprise are liable to implement impressive norms,
laws, rules and regulations for removing harassment of workers. Specific examples of
harassment are unfair treatment between employees, discrimination in between
employees working at same level. Therefore for removing various issues and barriers at
workplace managers of an organization need to acquire feedback from their employees
(Johnson, 2013).
 Equal opportunities: It is very indispensable to provide equal opportunities to every
employees at workplace. According to this law managers of an enterprise need to
eradicate any kind of discrimination by providing equal salary to workers at same level.
Major purpose of this act is to maintain a healthy surrounding away from any disparity.
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b) Affect of occupation and contract law upon enterprise
Employment norms act as a cluster of number of acts which shows the duty of
supervisors or subordinates towards each other. In fact it act as a very helpful tool for employees
in providing fair and minimum wage by managers as well as useful in resolving problems
regarding employees. Basically in today's modern and advanced world discrimination is one of
the major barrier which influence overall environment (Kinicki, and Kreitner, 2012). Main
motive of this act is to make it clear that what a leader can call for from subordinates and also
highlight what a supervisors can expect from his workers. Apart from this, it also consist or
explains different things which is very mandatory for a firm to accomplish smoothness in their
enterprise operations.
Instead of all this it also throw some lights on data related with termination process of
employees due to which legal dispute arise at workplace. Therefore for resolving issues of
earnings legal bodies enacted number of acts for example minimum and equal wage. Risky and
critical jobs requires regular supervision of higher or specialised persons to remove accidents
and injuries at workplace which resulted in elimination of number of injuries because emergence
of negativity influence whole organisation. Along with this it also affect goodwill of institution
in mind of their clients which leads to minimization in their market share. Thus for increasing
effectiveness of business operations it is very indispensable for every organization to adopt these
legal norms and beliefs on workforce activities (Kitagawa, 2016).
According to given scenario of adult female whose age is 16 year old was employed in a
nutrient outlet. Her task is to fry French-fried potatoes at pan where she felt down and at the
same time her arms and figures goes to the heavy fryer pan due to which she get injured.
Therefore, while this case supervisor of an enterprise does not observing the accident whereas
head was still continuing his tasks. Thus initial and foremost query which arises by reviewing
this scenario is that appointing as a employ to an 16 year old girl is consider as illegal.
Meanwhile, in this case administration is failed to appropriate reviewing of entire incident and if
it is properly watched by manger the accident can be ignored. On contrary to this after
occurrence of accident there is absence of proper medical to the girl due to lack of employees
working there (Mann, and Roberts, 2011).
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In fact that girl was unaware about these type of injuries so mangers of an enterprise is
liable to provide relevant data and information to employees working in a unsafe environment
for minimizing accidents.
SECTION 3
P4 Legal solutions for business problems
Work act depict technique for enhancement of an individual and highlighted the method
of their protection. Fundamentally, numerous type of sort of expel by which one is uncalled for
rejection and another party is consider as a unlawful exclusion. As per illegitimate expulsion a
specialist is going to ignore the terms and condition of agreement. It is fully vital for an
organization to resolve problems at workplace by implementing various norms and beliefs.
Happening emerge at workstation since large enterprises avoid to make tenets and directions at
work environment which offer ascent to major issues at work environment (Nichols, 2012).
In fact as per commercial law it is noted that official notice ought to be offers to labourers
in ideal duration so they may begin looking for fresh employments. It is illicit to terminate a
representative by providing a solitary document, several of caution ought to be provided to him
or her so that they get aware about the regions they need or they can enhance their execution in
coming period.
If there is a emergence of uninformed rejection business did not give reasonable
motivation to representative for his end. In any case, at times the way supervisor manage the
employees end is out of line. In given scenario investigation end of Calvin was not correct and
unjustifiable both (What Is Business Law? - Definition & Overview, 2017). Donna orders him to
get out from her enterprise without providing any prior notice which is consider as a dishonest.
Therefore, it is a privilege of worker to acquire a notice of conservation one in any event before
one month. Subsequently as indicated by law, this is an instance of out of line expulsion in which
representative is get terminated by supervisor with no important reason. It implies Calvin have
specialist to sue Donna on account of her wrongful demonstration with him. Actually as
indicated by legitimate bodies there are number of arrangements are available for settling this
business issue which is expressed as takes after :-
 Attempt to recognize shrouded things by selecting research group or past accounts.
 Gather important statistical data points.
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Aside from this it is fundamental for Donna to ensure that unjustifiable judgement won't
happen without separating between representatives (Spalding, 2011).
(b)Another contextual investigation is about claim for recuperation protection sum by insurance
agency. In this situation, father of kelvin is having a store which is wrecked on account of flame
then he opens other store in another area and again applies for protection. Consequently principle
rationale of this contextual analysis is to recoup their wastage sum from organization and
endeavour to gain increasingly cash by indicating important actualities or figures. Alongside this,
dan is attempting to settle his issue out of the court by settling issue in a base day and age
without squandering cash on hearing.
P5 Justification
As indicated by given contextual analysis all the above arrangements which is depicted is
especially suitable and helpful in settling business issues since it considers pertinent raw
numbers while taking care of issues (Swartz, Cole and Shelley, 2010). In the instance of Calvin
his managers Donna perform wrongful act which may hamper his general work and in addition
influence his life. Consequently better of Calvin needs than get mindful about the concealed
issues by actualizing successful plans and approaches and in addition basic to make inquiries to
different representatives likewise whose are working with Calvin at work station.
On in spite of this, for another situation father of kelvin is likewise attempting to
determine their cases out of the court for sparing cash and endeavour to procure most extreme
measure of case from insurance agency for their recuperation.
In this way toward the end according to above appraisal it has been comprehended that
arrangements which is received by both the contextual analysis is particularly proper and
appropriate in settling their issues or hindrances looked by them.
SECTION 4
a) Concept and advantages of adopting alternative dispute resolution process
Conflicts may emerge between number of individuals and enterprises which require
consent of court of law to resolve various barriers of an organisations. Therefore alternative
resolution process is an appropriate and effective technique of minimizing the disputes without
consultation of court (Snyder, and Deaux, 2012). There are number of reason due to which
company avoid consent of court is mentioned below :-
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 Consume maximum time period.
 Very lengthy and longer process in resolving disputes.
 Expensive procedure.
 Consist of number of formalities.
 Requires specialised and skilled person to handle overall process.
Thus alternative dispute process is very much appropriate which includes negotiation, mediation,
conciliation or arbitration. In fact all these terms is very much effective for both the parties to
remove obstacles and try to create a positive and healthy business relations which might be
beneficial in future. In conciliation method answer is identify by satisfying two of the parties
whereas in mediation initial party try to acquire maximum benefit of circumstances. Third party
trying to question in order to find out major reason behind the barriers which useful in solving
the obstacles and find effective solutions.
One of a major and biggest benefit of adopting this approach is that it is very useful in
securing cost and time of both parties involved in disputes. Therefore it has been understood that
alternative dispute resolution is an appropriate method of resolving problems in minimum cost
which means it is very cheap in costing (Spalding, 2011).
b) Recommendation of alternative legal solutions to business problems
According to scenario of Tyrell and Antwon both of them are confronting organizational
difficulty from last few weeks and tried lots of time to resolve their problems but unfortunately
they are fails to do so. In fact in present condition both parties wanted to maintaining positive
official connection. Therefore to overcome problem of this circumstances they may take a
consent of third party or select arbitration. Thus it they will select a negotiator than this will
support them in arriving to suitable resolution. Basically intermediator will aid them in searching
major reason behind their disputes by conducting impressive research programmes for removing
the obstacles. After that, a proper statement or will be signed by both the parties for resolving
their issues (Weber, 2010).
CONCLUSION
As per above assignment it has been analysed that legal bodies act as a eminent role in
UK by protecting whole society from any exploitation by implementing environment free from
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any discrimination. In fact this assignment highlighted vital role of English legal system as well
as their hierarchical structure which consist of different laws, norms, rules and regulations. Apart
from this it explains major acts amended by governing bodies used by business to remove their
problems as well as disputes.
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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.
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
DiMatteo, L. A., 2010. Strategic contracting: contract law as a source of competitive advantage.
American Business Law Journal. 47(4). pp.727-794.
Foss, N. J. and Knudsen, C. eds., 2013. Towards a competence theory of the firm(Vol. 2).
Routledge.
Grundfest, J. A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law. The Business Lawyer, pp.361-394.
Halbert, T. and Ingulli, E., 2011. Law and ethics in the business environment. Cengage Learning.
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.
Kitagawa, Z., 2016. Administrative Regulations (Vol. 4). Doing Business in Japan.
Mann, R. A. and Roberts, B. S., 2011. Smith and Roberson’s business law. Cengage Learning.
Nichols, P. M., 2012. The business case for complying with bribery laws. American Business
Law Journal. 49(2). pp.325-368.
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Robson, R. A., 2010. Crime and punishment: rehabilitating retribution as a justification for
organizational criminal liability. American Business Law Journal. 47(1). pp.109-144.
Scholes, M. S., 2015. Taxes and business strategy. Prentice Hall.
Snyder, M. and Deaux, K., 2012. Personality and social psychology. In The Oxford handbook of
personality and social psychology.
Spalding, A. B., 2011. The Irony of International Business Law: US Progressivism, China’s New
Laissez Faire, and Their Impact in the Developing World.
Weber, R. H., 2010. Internet of Things–New security and privacy challenges. Computer law &
security review. 26(1). pp.23-30.
Online
English Legal System Lecture Notes. .2017. [Online]. Available
through:<https://www.lawteacher.net/lecture-notes/english-legal-system/>. [Accessed
on 8th august 2017].
What Is Business Law? - Definition & Overview. 2017. [Online]. Available
through:<http://study.com/academy/lesson/what-is-business-law-definition-
overview.html>. [Accessed on 8th august 2017].
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