Business Law and Ethics Assignment

This assignment provides a detailed analysis of various business law and ethics topics, including corporate governance, strategic contracting, and alternative dispute resolution. It also covers the influence of user-generated content on traveler behavior and the importance of complying with bribery laws. The assignment includes references to academic journals, books, and patents, as well as online resources for alternative dispute resolution.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................................4
SECTION 1....................................................................................................................................................4
P1 Structure of English legal system and sources of laws........................................................................4
P2 Role of government in making law and application of statutory law in court....................................8
SECTION 2.................................................................................................................................................10
P3 (a) Employees legal obligation..........................................................................................................10
(b) Effect of occupation and contract law on business..........................................................................11
SECTION 3..................................................................................................................................................13
P 4. Operative legal solutions for business issues..................................................................................13
P 5. Justification of provided solution ...................................................................................................15
SECTION 4..................................................................................................................................................15
P 6 (a) Concept and benefits of substitute disputes resolution.............................................................15
(b) Recommendation of an alternate solution ......................................................................................16
CONCLUSION.............................................................................................................................................17
REFERENCES..............................................................................................................................................19

INTRODUCTION
Law is a fixed collection of instructions and rules which is legislated by legitimate bodies
for forming an atmosphere free from all discriminations and corruption. There are numerous of
standards and principles which was announced by administration for whole business world.
Thus, business law is a group of instructions which has to be follow by small and big venture for
running their business in a suitable manner (Robson, 2010). This project is segmented into
various sections for emphasising the privileges and authority of work - forces as well as
employer in an enterprise. The main reason of this report is to explain the significance of norms
which was imposed by government body for entire corporate domain. In addition to this, it also
describes several employment acts with the aid of particular case study. Apart from this,
assignment is going to focus on proper construction of judicial bodies and their technique of
decision creation process. And at last, it displays the important role of staffs which is responsible
for the success of a corporation by accomplishing their duties.
SECTION 1
P1 Structure of English legal system and sources of laws
It is also known as a European legal framework that is prolonged over large number of
nations comprising of previous English colonies. One of key exclusive feature of this system is
that it is a principle of jurisdictive models where by magistrate is bound by decision of different
court of law. In fact, it describes numerous other rules interrelated to society and applied for the
protection of numerous communities and regions (Nichols, 2012). The configuration of English
legal system is constructed on the basis of hierarchy where by pronouncements or decisions of
higher court is considered as a last result and all the another lower judiciary are bounded by this.
Supreme court is treated as at the top of this hierarchical structure and is also famous as a house
of lords because decisions made by its jury member is consider as a concluding one and all the
other court of law of UK is obligated to respect their judgement as it is made by the highest
court. Coming to the next level structure of court , it is again categorized into two divisions
which is defined as follows :- Civil law : - This court is responsible for dealing with entire quarrels or disagreements
that might happen among corporate parties or businesses, daily problems, in case of
charging for any compensations and damages. Basically, civil law is also isolated into

two sections that is statutory and non-statutory law. Here, statutory law deals with the
complications of consumers or suppliers. On the other hand, non - statutory deals with
different regulations such as illegal actions, annoyance, breach of contract and many
more.
 Criminal law :- This law is accountable for solving matters linked with any wrongdoing
against the general public which can damage the lives of entities. Generally , it deals only
with resolving circumstances allied for arresting various criminals and advises to conduct
cross-examination or cross checking.
As per the above diagram, supreme court is present at top position in this hierarchy. It is
further divided into two tribunals that is Criminal and Civil court. Under, Criminal court so
many assemblies fall that are Court of appeal, crown court and magistrate court. At the same
time, civil one is classified in to Court of Appeal, High Court of justice and county court.
Key terms associated with this hierarchical structure are mentioned below :
 Supreme court : This is highest tribunal in the hierarchy of courts and its decisions or
judgments is considered as final which is obeyed by other assemblies.
 Criminal court : This is used for handling core criminal cases. For example, case of
murder, kidnapping, rape, and many other criminal offenses.
 Magistrate Court : It is a lower section assembly that is keeping trials for brief or
concise offenses and preliminary hearings for some serious cases also.
 Crown Court : This act as a criminal court of both proceeding and primary
jurisdiction that in extra also handles a small sum of civil cases also.
 County Court : The legal power of such court is purely civil comprises of sitting in
approx. 92 cities in England and Wales. These courts primarily deals with the cases
and situations connected with civil issues. Circuit or district judge are involved in
these assemblies for presiding over the cases.
 High Court : It is famous as third highest court in UK which is used to deal with civil
lawsuits and also utilized for appealing judgments occurred in lower assemblies. This
is located in London at Royal Courts of Justice but includes district registries in all

over Wales and England whereby nearly every high court proceeding may be heard
and issued. There are three divisions within High Court that are stated below :
 The Queen's Bench division
 The Family Division
 The Chancery Division
Illustrations : : Hierarchical structure of English structure
(Source : Hierarchical structure of English structure, 2017)
Sources of law :
Sources of laws can be defined as foundation or birth of each and every norm,
philosophies, guidelines and rules which was formulated by legal authorities or British legal
system. Basically, sources of law aids in recognizing the reason behind enforcement of any
specific acts as each and every norm has some definite motive or purpose. Hence, there are
various sources of laws that are stated below : Statutes: - A statue is nothing but an official written enactment of a law-making authority
that is responsible for governing a city, state or a nation. In fact, statues prohibit or

command something and used to declare policies as well. This is created by legitimate
bodies of UK legislature association as well as developed parliaments. This means some
acts are passed by the members of parliament to maintain the environment of complete
society. Some of the examples of statutes laws are “Employment right acts 1996, private
law, Divorce act of 1968, etc.
 Customs: - The other source of various norms are customs, ceremonies and civilisations
of persons belonging from different traditions which distinguish supporters of every
religion.
 Treaties : - A treaty simply refers to an intercontinental agreement that is established
between states in a written format and is being administered by international law, whether
exemplified in a particular instrument or in two or more associated mechanisms and
whatever its exact designation (Mann and Roberts, 2011).This decorum of country need
be followed by everybody since it acts as an essential part for whole society.
Consequently, laws which are modified or designed is interconnected with different
treaties.
 SIS : It is a form of legislation that permits the provision of an Act of Parliament for
subsequently bring that into force or changed without parliament having to permit or pass
a new norm. thus, it can be said that by this framework legislation is being modified
easily as per the requirement.
Besides this, there are also other many of causes or sources exist by which laws
are indorsed for welfare of entire society as well create an atmosphere free from all
disparities. In fact, one of chief reason behind introduction of rules or laws is to generate
a sovereign state.

Illustrations : Sources of law
( Sources : Sources of law, 2017 )
P2 Role of government in making law and application of statutory law in court
Government plays a vital role in making legislation of country. Most of the laws are
designed by adopting following stages :
 Common election chooses the details of government schema.
 Administrative parties , socio commercial condition releases some concerns in the
agenda.
 Discussions for joint operation in memo given by government.
 Identification of issues
 After that consultation carries on among proper members like ministers, board , political
parties, etc.
 Creation of proposal occurs by considering on public and social structure.

 Suggestion to bill renovation via parliamentary counsel.
 Introduction of bill in session of parliament.
 Movement of bill take place in the parliament through first, second, third reading, report
stages , committee, and considering chambers.
 Finally, approval of bill took place by house of lords and house of commons that make
the same into law.
 It is to be noted that if bill gets modified or receives royal agreement, it converts into an
act.
Statuary law’s application in the court
Such norms present in written form and are present under some special bodies. Structure
of legislation alters from common laws and administrations according to the decision made by
court. Private and public acts from definite parts of United Kingdom are encompassed in the
framework of law. In this case, rules pass via the house of parliament for getting approval and
utilize some instruments such as secondary orders, norms and policies as statuary appliances.
The regional government section and states code of UK also consist of extra guidelines and
principles as per agreements. The documented structure is essential in statuary definition. For
example, legal service act inscribed in the 1990 c.41 (Kinicki and Kreitner, 2012). Furthermore,
legislations of property and trustees act are present in chronical volumes of legal structure of
United Kingdom. These Halsbury statues also involves alterations and reorganization structures
of statuary commandments.
Application of Common laws in court
This common rules consist of regular reforming frame work. Its standard is in full
influence under the magistrate in the court. In this case, the decisions are taken or done by
authorized documentation in accordance with the cases in the magistrate's court (Johnson, 2013).
Additionally, the case law has same framework all over the dominion or jurisdiction that is under
Wales and England. The criminal division court and the House of Lords resolve the legal priority
as per the strength of crime in the cases of criminals. In some of the criminal case4s, case laws
assistance of other legislation of EU for solving the situation.

Illustrations : Role of government in law making
(Source : Role of government in law making, 2017)
SECTION 2
P3 (a) Employees legal obligation
Workforces are one of essential asset for entire business as well as complete civilisation
because all the occupational actions are controlled and accomplished by them only (Grundfest,
2010). Hence, legitimate body have applied large number of compulsions which have to be
followed by all people and entrepreneur. Some of those are explained below :- Occupational health and safety act : - This law is setting out the duties and rights of
each and every party that exist at the working location. In addition to this, it sets out
procedures that deals with hazards and dangers of work place and its implementation as
per the requirement. Thus, it can be said that this legislation deals with is a
multidisciplinary field showing its concerned with safety, welfare and improvement of
individuals at workstation by taking care of required demands of personnel. As per this

act, upper authority of company is accountable for building an atmosphere of work place
which will be free from all types of hazards and guarantee safeguard of their employees. Workers compensation : - This law addresses matters like duties and rights of parties
present at working location, joint committees and representatives of workers, crimes,
security against OHS related discernments, accident reporting, organisational actions and
instruction making authority. It can be considering as a system of assurance that is
presented by corporation to their personnel in place of pays. For example, medical
paybacks, retirement, payments on the basis of additional work, job safety etc. Thus, this
act is fully grounded on proposing further income or amenities to staffs working at place
of work by satisfying their demand. Harassment : - When the actions of an individual is so thrilling, rude or obnoxious that
causes harm to other person or makes other one feels that he or she would suffer harm is
known as harassment. It may involve psychological, financial, mental and physical harm.
Main intention of this act is to defend work forces from any kind of mistreatment,
malpractices and fake activities. So, by applying this rule, management of a company
tries to safeguard workers from injustice and protect woman and subordinate labours
from harassment by accompanying numerous of preventive measures.
 Equal opportunities : - In accordance to this regulation, it is important for administrators
of an enterprise to deliver the same chances to each and every assistants who are
accomplishing their duty at work station. In fact, this act is establishing with the motive
of forming equivalence among employees and employer of a corporation without doing
any type of discrimination on the ground of colour, background, sex, ill health, caste,
religion, disability, etc.
(b) Effect of occupation and contract law on business
By examining case study it can be said , different legislations would be applied. For
example , Health and safety act 1974. It is considers as multidisciplinary norm that is
displaying concern with the welfare, safety and betterment of workers at the working position
by concentrating on the necessary request of personnels. This is because that girl was injured
due to negligence of supervisor in terms of safety at work place, thus, it breaks the legal
rules.

On the other hand, Compensation act 1906 can also be applied for providing compensation
related with work in all companies. That girl can claim for the same as she has suffered from
physical injury.
At the same time, Child labour legislation, as per this, every employee should be more than
18 years old. This can also be implemented here as company has employed below 18 year
girl that shows that managers are violating this act.
As per the provided case study, a 16 – year old young girl is employed by an enterprise
for creating fast food items but it is noticed that at the time of performing her obligation she
suffered from a misfortune or accident that was completely unnoticed by leader of this
company. In reality, she slipped on water dripping from an ice making device. Due to this her
hand went into the deep fat fryer container at the time of balancing which was containing hot
oil at a temperature of 360 - degree F. She sustained severe burns to her left hand and
forearm. Thus, in the eye of law this entire case is cogitate as illegal and unfair work which is
done by manager of that venture. In accordance to law, there are numerous of illegitimate
work has been occurred at place in this corporate which is pronounced below :
 Primary and foremost, mistake of administrator of that firm is that he is promoting child
labour as 16 year old girl is not authorised for carrying out job at workstation. Hence,
employing is not right and legal in the eye of government body.
 Secondly, after hiring a new mistake is that there is lack of safety and protective
measures at work place and due to this, accident of girl had occurred and she faces
severe injury on her hand and forearm.
 Additional one is that leader was not focussed and act instantly after occurrence of that
event. In fact, he was still overlooking the accident that shows unpremeditated
performance of firm.
Thus, by seeing this situation it is indispensable for all companies to obey or practice
employment act which is imposed by government bodies for protecting all workers from every
kind of injurious activities. Along with this, main purpose of employment and contract law is to
inspire all corporations for presenting best opportunities to work forces who are carrying out
tasks at office. In addition to this, legitimate bodies sanctioned many of norms, principles,

instructions and rules which is completely applicable on business (Foss and Knudsen, 2013). At
last, it has been agreed that legal bodies have applied abundant of laws for defending labours by
preserving equivalence at workstation. For example- equal wages act, occupational health and
safety measures, equal remuneration act, etc. can be applied in every organisation.
Thus, victim can has right to take legal action against director of that enterprise and claim
for injuries or difficulties faced by her only due to lack of focus of manager.
Thus, it can be said that company was not following any kind of legislation also there was
absence of contract law.
SECTION 3
P 4. Operative legal solutions for business issues
Given case study : In first situation, Calvin is an employee who was working in a fashion house
with three of his co-workers and Donna is a manager of these staffs. Donna reaches at workroom
one day and viewed Calvin suspiciously. Coincidently, she checked her petty cash box where she
founds that around amount of 100 pound was missing from that box. Thus, instantly without
giving any notice or explanation she dismissed Calvin for this duplicitous activity and accused
him as thief without providing any genuine reason. So in accordance to law, this is an instance of
biased firing where in worker got fired by supervisor without giving any pertinent reason. It
means Calvin have power to go to court against Donna because of her illegal action with him.
Unfair dismissal and wrong dismissal is associated with given case study, These are two
variant terms connected with the refusal of a person within workplace. Wrong dismissal is a
breach of contracts that happens most usually when a manager fires a worker without giving
notice to him or her under their contract of employment. On the contrary unfair dismissal is
advised as statuary in-spite of contractual right, whereby a worker gets dismissed without giving
correct reason and violating laws of s.98 of the Employment Right Act 1996.
Solution : Here Employment act 1996 (c 18) can be applied (Eren and et. al., 2012). This is a
United Kingdom act that was imposed by Conservative administration for codifying current law
on individual rights in the labour law of UK. This legislation conserves the right of workers in
different situations like removal, unfair firing, joblessness and parental leave. As per this law,
contracts or main terms between the manager and employee have to be recorded in writing and
provided to staff within 2 months of starting occupation. In addition to that, this law restricts the

employer from any unfair firing of a worker from his job without giving any notice and specific
reason. It is to be noted that dismissals associated with the following reasons are treated as
automatically unfair:
 Health and safety concerns
 Requesting for flexible working hour
 Assertion of statuary rights
Apart from this, every company has to give a notice before excluding any one from its job
before one month so that he or she can search next job easily prior to their dismissal. Besides
this, as per the norms made by government there are numerous of solutions are existing for
solving this professional issue which is identified as follows :-
 Trying to recognise unseen things by employing investigation team members.
 Taking any decision by examining former records of employees.
 Assemble appropriate truths and figures.
 Manager can also check camera’s recording in the case of any kind of theft.
 They can also check the bags and in fact checking of that individual should be done
properly who is suspected for that crime and after that decision of firing should be made
if he is found guilty. But if his crime is not proved, no one can remove him from his
designations. If someone do so, this is treated as illegal in the eyes of government.
In addition to this, it is important for Donna to make assure that judgement will take on the
basis of some discrimination. It should be free from any kind of discernment among work
forces.
The another case study : This is about right for regaining insurance sum of money by
insurance firm. In this situation, father of kelvin is having a store which got ruined due to fire.
After that, he again set up another store in a new place and once more applied for insurance. But
during filling a proposal of claiming any insurance policy in the last 2 years, he said no which
was not correct. Actually he was confused as he was thinking that the first accident has happened
before 2 years. But that has occurred 23 months ago. After this, his new store got again damaged
due to fire attack. But, the insurance company denied to give any compensation which was
wrong (DiMatteo, 2010).

On the other hand, in the second case is affiliated with misinterpretation. There are key
three types of misinterpretation such as Fraudulent, negligent and innocent misrepresentations.
Fraudulent is happening in this case as a party of contract that is Dan created a false statement of
facts knowingly that in turn affects other parties which is insurance company for taking entry in
that contract. This also occurs when a party whether does not believes the truth of his statement.
Solution : Thus, Dan should tell insurance corporation that due to misinterpretation, he has filled
wrong form and should give evidences of previous fire disaster. So, main reason of this case
study is to recuperate their waste amount from company and attempt to gain adequate amount of
revenue in the form of compensation by presenting pertinent evidences or records of past
accident. Along with this, Dan was trying to resolve his matter out of the court by solving this
issue in a least possible time period deprived of wasting money on hearing.
P 5. Justification of provided solution
As per the specified case study, all the above resolutions which is defined is very much
suitable and beneficial in solving issues of business since it reflects applicable evidences and
information while resolving problems. In this case of Calvin , her manager Donna made illegal
action which could hamper his complete labour as well as impact his life. Thus, supervisor of
Calvin necessities to get conscious about the concealed issues by executing operative tactics and
strategies. Besides this, she can also ask questions to other personnel as well who are functioning
with Calvin at work place (Crane and Matten, 2016).
On the other hand, in the next case father of kelvin is also attempting to solve its cases
out of the court of law for saving currency and try to obtain extreme amount of claim from
insurance enterprise for their recovery of store that had damaged due to fire two times.
Hence, at the end according to above assessment, it has been assumed that resolutions
which is utilised by both the case study is very much correct and fit for resolving their
matters or hurdles confronted by both of them.
SECTION 4
P 6 (a) Concept and benefits of substitute disputes resolution
ADR is one of the remarkable methods of solving hurdles and fights between two parties
and this technique is considering as an exterior means of eradicating hindrances which is being
utilised by many nations (Bodie, Kane and Marcus, 2014). In fact, Alternative Dispute
Resolution has attained extensive acceptance by overall community and whole society. As per

this procedure, an association can easily remove or resolve its problems with the assistance of
negotiator or any third party by examining and highlighting all the unseen statements. Mostly
key aim of ADR is to solve clashes among parties with the aid of three different techniques
which is stated below : - Negotiation : - In this process there is no third party. In fact, both the existed
contractors attempt itself to remove the issues by talking over all the appropriate realities
or information. Mediation : - in this method, there is presence of third party which is responsible of
transferring message of one party to other one for eliminating difficulties which is being
faced by them. It can be said that in this procedure, mediator plays a very important role
and whole matter is completely dependent on middle man.
 Arbitration : - This includes participation of voluntary party or any secretive magistrate
for solving issues between persons. He may resolve problems by hearing and examining
actual evidences and records from both the party so that final decision should be from
any discrimination.
Consequently, it has been seen that alternate disagreements resolution is very much suitable and
advantageous for solving clashes between two parties (Bagley, 2010). Some of the benefits of
ADR is stated below:-
• It clears all the concealed statements in a correct way.
• It can be treated as one of operational strategy which resolve problems in a least possible
time period without killing more time of entities.
• it needs least amount of money.
• Minimum persons are engaged in this process so decisions are made instantly.
(b) Recommendation of an alternate solution
In the present condition, it has seen that Antwon and Tyrell were doing trade from a long
time. In the course of their sequence of jobs, an issue emerges which is consuming a lot of time
for its resolution. This is producing a conflict between both the parties and is hindering the
running of their business. In this current condition, it is advised to both treaties that they can go

for negotiation process where in parties engaged here need to reach at a most suitable solution
which can be accepted by all or creating a win – win situation. Antwon and Tyrell should take
help of a mediator or judge and tell him all the details associated with their conflict. That
individual would support them in accepting each other points of view and will solve this matter
by conveying both the parties to the effectual solution. By doing this, they could be able to carry
on their jobs and can also preserve long term interactions (Alternative dispute resolution, 2017).
Besides this, by utilising the provided technique, they can preserve confidentiality about their
inner businesses which will helps in preserving the image of both the involved parties. As it is
very less costly way of resolving issues , large sum of money can be set aside which can be
furthermore used by both in more profitable means. In addition to revenue, more period of time
can also be preserved as in this method, the parties engaged in this, do not have to go again and
again to the court of law and can solve the conflicts in minimum period of time. At last it has
been said that alternate disagreement resolution is one of the remarkable approach for
diminishing battles between parties. So, it can be summarised that Antwon and Tyrell has to take
on negotiation system of ADR.
CONCLUSION
By examining the above based report, it can be concise that laws are essential part for
whole business world because of their beneficial role in various industries. In fact, it expresses
the significance of business law which supports an association in operating their enterprise in
effectual way. Mainly, with the assistance of customs, instructions and rules; a healthy
competition happens in challengers without existence of any discernment. In addition to this,
project is all about legislations which was used by commercial world while operating their
business for achieving their pre-set objectives and goals. Key purpose of this assignment is to
show the requirement of rules and parameters at work station with the aid of detailed examples.
Hence, it has been agreed that business law is playing a very outstanding role in satisfying
demand of workers and managers by defending them from any mistreatment with the assistance
of different acts or laws which is endorsed by legal body. Different laws and its use is described
in this report such occupational health and safety act, equal opportunities act, harassment act,
worker’s compensation act, child labour act, etc. Equal opportunity act states that each and every
personnel working in an enterprise should offered equal chance for making their career
developed and better.

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.
Bodie, Z., Kane, A. and Marcus, A.J., 2014. Investments, 10e. McGraw-Hill Education.
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.
Eren, S.S and et. al., 2012. Caching message fragments during real-time messaging
conversations. U.S. Patent 8,255,473.
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.
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.
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.
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.
Siedel, G.J and Haapio, H., 2010. Using proactive law for competitive advantage. American
Business Law Journal. 47(4). pp.641-686.
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.
Swartz, L.B., Cole, M.T and Shelley, D.J., 2010. Instructor satisfaction with teaching business
law: Online vs. onground. International Journal of Information and Communication
Technology Education (IJICTE). 6(1), pp.1-16.
Ye, Q and et. al., 2011. The influence of user-generated content on traveler behavior: An
empirical investigation on the effects of e-word-of-mouth to hotel online bookings.
Computers in Human Behavior. 27(2). pp.634-639.
Online
Alternative dispute resolution (ADR). 2017. Available through
<https://www.citizensadvice.org.uk/consumer/alternative-dispute-resolution/settling-
out-of-court/>. [Accessed on 1st September 2017]
Alternative dispute resolution. 2017. Available through
<https://www.businesscompanion.info/en/quick-guides/consumer-contracts/alternative-
dispute-resolution>. [Accessed on 1st September 2017].