Business Law and Regulations

This assignment delves into the complex world of business law and regulation, specifically focusing on its implications for 'Amber and Champion Ltd.' It examines various laws and regulations relevant to the company's operations, highlighting their sources within the UK legal framework. The analysis explores the government's role in law-making and proposes alternative legal solutions to address challenges faced by the business. The report emphasizes the importance of considering these legal factors for effective decision-making and achieving better outcomes in the future.

Business law

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION A.....................................................................................................................................1
TASK 1............................................................................................................................................1
P1: Valuable structure and essential sources of legal system of UK.....................................1
P2: Role of government in law making process and statutory or common law.....................3
TASK 2............................................................................................................................................5
P3: Discussion of various contract laws and employment having potential impacts.............5
SECTION B.....................................................................................................................................7
TASK 3............................................................................................................................................7
P4: Recommendation of legal solution for wide range of business problems.......................7
(A): case i...............................................................................................................................7
(ii); Case 2 Amber ltd.............................................................................................................9
ii). Amber Ltd:........................................................................................................................9
P5: (b): Justification of an alternative legal solution............................................................10
TASK 4..........................................................................................................................................10
P6: Valuable effectiveness of legal design...........................................................................10
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
Law is the system of rules that is associated with a particular nation or society that
recognizes as regulating all necessary action of their member. A rule is mainly made by
government that is being used in accordance with the way a community used to behave with
other people. Business law is one of the effective percentage that consists of various legal
regulation that used to provide guarantee a systematic conducts of a business affairs. It is rule of
outside human actions that is enforced by a sovereign political parties. This project module aims
to deliver information about business law that is divided into two parts.
One is associated with discussing different sources of UK laws and their role of
government in formulation of law those are applied in respective court. Apart from this, some
specific impacts related designing of law by government bodies are mentioned under this report.
While, information about contract laws and their related implication on business. The other part
of this report deals with providing necessary information about certain recommendation about
legal solution in wide range of business problems. On the basis of that proper justification
regarding alternative legal solution is being made under this report (Mann and Roberts, 2011).
SECTION A
TASK 1
P1: Valuable structure and essential sources of legal system of UK
Meaning of “parliament sovereignty”: It simply said that one of the effective principle
of UK legislation. It is used to make parliament a supreme legal authority in United Kingdom,
which would create or close any law. Basically, the courts do not overrule their legislation and
no any other body can have the right to pass laws till the future parliament get changed. It
absolutely holds the constitutional bodies which is having absolute sovereignty and has supreme
over all the legal authority, consists of executive and other judicial bodies. The principal of
parliamentary sovereignty that mean that neither maximum nor lower than this have the option to
go beyond the rules those are made by government bodies (Solove and Schwartz, 2014). It has
longer been regarded as the most effective fundamental component of English constitution.
Various types of UK laws:
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English law is related with wide number of history in accordance with various rules and
regulation. There is certain unique feature which will be related to English law is doctrine of
judicial precedents. In the reported evaluation of the court form a binding sources of law for
upcoming decisions. The jury member is bound through decisions of courts of effective
jurisdiction but cannot essentially by those of lower courts.
Classification of laws: It is said to be effective classification of laws that are encompasses for
every laws though the distribution which is having particular unique characteristic (Hillier,
Grinblatt and Titman, 2011). It is divided into certain parts which is mentioned underneath:
Criminal: It is more concerned with various offences against community at wide level. It is
mainly prosecuted by the state. It consists of all criminal case those are related with Harassment
and immoral practices are taken into this head.
Civil: This seems to be effectively related with all kind of disputes that are arises among private
companies such as consumer and supplier, employees and employer etc. In this case the case is
being filed from the injured party.
There are various types of important sources related with UK constitution are mentioned
underneath:
Statutes: It is born from the regulation of parliament. It covers various important laws related
with Employment right act 1996 and so on. The initial stage of this is associated with green
paper (Deva, 2012). A draft proposal which is in the white paper and a bill made before a
parliament.
Common law: This seems to be important law that is being made through using certain kind of
principles those are established in cases over the nations during the period. It is the body of laws
that are derived from constitution decisions of court and related tribunals. It is basically crime
under the English criminal law those are associated with criminal laws.
Law from the EU (European Union): It is one of the effective operating laws that member states
of EU needed to be followed during their business transactions. It must ensure that a populations
of associate states are treated them equally. This seems to be one of the highest courts in Europe
and used to make compulsory decision for every nation (Percival and et. al., 2017).
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P2: Role of government in law making process and statutory or common law
Decision making is legal government actions which is related with effective process that
is concern with evidence collected from systematic research and practical experience. Parliament
nationwide used to perform majorly three functions. Such as to signify citizen that is interests to
pass certain laws as well as to monitor all the actions of government. They need to perform an
effective legislative functions because of which they need to have power to approve, reject or
amend any kind of government draft. It is a form of state activity that is being intended on the
making of legal norms. There is various appropriate process which is needed to be followed by
the government (Reed and et. al., 2013). Some of them are discussed underneath:
Pre-parliamentary stage: It is required to go across the pre-parliamentary phase in which the
process for enactment of any regulation of parliament. The first stage is formulating as a draft of
concern proposal that is going to be introduced in near future time. The proposal is being
discussed with the ministry stage. After transfer the proposal into the “Attomey general
chambers” is get modified as bill. The role of cabinet is to provide approval for the bill.
First reading: During the time the bill gets introduced through one of the two major houses,
only the title is really read. The bill arrives to the assembly for the further discussion on the
concern bill. The whole proposal is being presented between the whole team members for the
initial time. After the bill get passed at this stage, the next is printed and distributed among
various member of the parliament (Werbach and Hunter, 2012).
Second reading: Under this stage, the minister presents all outlines of the bills effectively in
front of the members. The house used to make debate on basic principle related with the law. If
the bills used to receive essential requirements of total number of votes that is being continue to
committee phase.
Committee stage: In this stage, bill need to be more detailed and selected house can have
effective bill to be chosen by the committee member that rarely used to be take into account.
likewise, all the experts need to have extensively playing important role in analysing the
proposal that are used to managed before it get implemented.
Report stage: In this process this report is needed to be taken into account as strong frame in
while effective amendment is made during the time. By the help of all basic information about
the bill which is being discussed under the parliament (Alcaraz and Hughes, 2014).
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Third stage: Under this stage, all the bills related aspects are evaluated by the committed
member and make final conclusion regarding approval for amendment. In this process, they the
future of bill is being decided, whether to select of reject the proposed bill.
Final stage: It seems to be closing process, under this all used to get consent from supreme judge
to provide order of passing the bill. It is more simply means that all is associated with the getting
final judgement from the judge, the process of implementation gets stated.
Legislation and other constitution bodies is having the democratic power to make use
their individual role for performing their job in effective manner. They are responsible for
formulating laws; those are made basically to live its lives in proper manner in coming period of
time. It has been complied through making executory body that is selected as per the mentioned
order of the government.
Issues in drafting of Bills:
Financial implication of the bills: The finance bill has to be presented immediately after
the budget. It consists of proposal that is made through government to levy new taxes to be made
to the existing tax structure and so on. Sometime, funds can be the made political issues that can
affect drafting of bills.
Chain of custody: The of risk and classifies the bills are entrusted by the customers. It is
responsibility for managing the bill assets in a centralized manner and to look after the bills in
real-time basis. The major discussion among two parties are associated with taking the custody
of the bills before passing into the parliament.
Process of passing of bills in the parliament:
 First reading: It is basically a formal introduction of the bill with no date debate.
 Second reading: Lords debate bill and examine valuable concerns.
 Committee stage: Every elements of bill is being reviewed in proper detail. The
amendments are based on lord vote.
 Report stage: Furthermore, in-depth study is of bills been analysed. Further debate and
voting takes place.
 Third reading: Late debate and amendments.
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 Consideration of amendments: House of commons and House of lords agree on
wording for bill and amendments can still be made on that particular bills.
 Royal assent: The monarch’s turn the bills into the law.
Common law V. Statutory law:
The common law differs from statutory law because it is basically based on precedents.
Statutory law is more formal body of legal system that is associated with written legislation. This
particular rules will be mainly related with rules and regulation either mandating certain
behaviour of common public. Likewise, common law allows judges to choose cases based on the
ruling of prior cases with common situations. While making decision based on precedent in
common law system would be beneficial when the meaning of law is disputed. The facts of a
case are more unique and there are no binding precedents, these are said to be initial impression.
Under this case, judge’s decision should be essentially form law and subsequent cases will be
ruled in a common way.
TASK 2
P3: Discussion of various contract laws and employment having potential impacts
As per the mentioned case scenario, it has been found that jane, penny and Marie all the
friends from the same university. They are decided to set up a small business with the name
JPM. It would be public limited company. In-spite of having appropriate knowledge in the
concern area, they are lacking behind with finance support. At the same point of time they are
suffering from some kind of issues that going to be arises during the time business formulation.
It has been decided to taken sufficient knowledge from various accountant so that proper ideas
can be taken into account which will be effectively helpful in setting up of their business. Some
of them crucial acts are needed to be taken into considered so that various problems can be
resolve in effective manner. Some of them are discussed underneath:
Health and safety legislation: It is essential for the JPM company to make sure that all
the employees of the organisation must be safe at the workplace. They need to work as per the
mentioned rules and regulation which is provided under OSHA norms. It is basically related with
valuable illness or other kind of injuries that are made at the workplace which is vital for an
organisation. Through this, they are can feel motivated and safe in increasing wealth of the
company for longer period. This will be helpful for the business point of view to collect essential
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knowledge and skills to make some kind of modification that must be related with worker safety.
By doing so manager used to create making benefits in coming time that would be beneficial for
them in increase goodwill of the company. This seems to be helpful in removing total number of
working hours or day lost because of their illness and other kind of issues. The effective
objective of the department is to retain their employees for longer period with the department.
Safeguarding the reputation of JPM company in comparison in front of other.
Health and safety at the work act 1974: According to this particular act which is
formulated by using certain kind of legislation which is used to cover all health related issues
arises at the workplace. Employees must need to make protection of related with health, safety
and other welfare. It is the act 1974 that is up to date with all modification to be made in
effecting profitability of the company. Some of the vital aspect that are required to be taken into
account in proper manner. Getting the word out is used to determine every staff member that
must be aware about all rules and regulations that are retaining during the health and safety
training to reduce overall risk those are arising at the workplace.
Equal opportunities regulations: As pre this particular act, it has been determining that
all the selected workers or employees need to have equal opportunity that can assist them in
getting more reliable outcomes in coming period of time. This will assist them to stay away from
all kind of discrimination that are always seen in the department. Likewise, all the legal bodies
that are targeting on maintaining the proper equality among staffs and members that are
automatically affect the workforce that are selected by the firm. In facts, JPM company required
to be associated with expanding their business in respect to various nations for maintain overall
reputation of the company. The owner of the company is held responsible for communicating
and handling everyday activity that are done within an organisation.
GDPR (General data protection regulation): The internet is continuously changing in
the manner for communicating and keeping everyday activities that are done within an
organisation. Such kind of regulation is being impact in case of dealing all the local privacy laws
across various parts of UK. Personal data is being considered as one of the most valuable aspects
that are related with the name, email address and other documents. The latest data protection
regulation makes the client supportive to balance their daily transactions in proper manner. The
activity which is associated with the regulations that are fall on business is must be operated
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within JPM company in proper manner. It has been found that penalties that a company need to
bear with 4% of total amount.
SECTION B
TASK 3
P4: Recommendation of legal solution for wide range of business problems
According to the provided case study, it has been analysing that one of the effective
London-based company which is working with the name as Champion Ltd. It is related with
making valuable payment of cash payment that move from their site in North London to make
valuable ways for development of a new stadium through a premier league club. In this process,
they are required for the purpose of building stadium. During this process, they are needed to
deal with various kind of issues that are affecting customer and have to bear wide number of
losses. This process is basically assist is safeguarding creditor to make evaluation of their
property.
(A): case i
In accordance with the agreed norms and policies made in respect to the creditors, it is
necessary to make consideration as one of the important aspects of releasing a business and walk
away by paying certain amount of fine. A creditors used to own sufficient amount of capital that
does not have taken into account for any other claim on utilisation of resources. The main aim of
power that creditors would have under industries that deal with the act of organisation.
Winding up petition: It is more effectively related with considering effective order that
are required to be cancelled. In this particular situation, it has been assuming that all the court
order that are forced as an insolvent can be compulsory liquidated. It is considered as one of the
effective method that is being taken into account an effective method that is based on ending or
dissolving a business in proper manner. It consists of selling of all assets, paying off creditors
and making distribution that remain valuable for the company or shareholders. It has been
analysing that the total cost for winding up of a company could be similar as small business.
Basically, the overall cost is between £400 and £800 to a particular issue. In-spite of this, a court
deposit of £ 1600 and a fee of £280 is being charged.
Liquidation: It is said to be one of the effective process that used to bring all business
operations to closing and making overall distribution of their total assets as per the mentioned
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parties. It is more related with the all kind of event that are basically related with the case of
mentioned company which is going to into correct direction of insolvency. It is an appropriate
activity that is basically occurs in case a company get insolvent; means they are not being able to
meet their obligation or cannot make the payment of short term debts. It is major prices of the
assets that is allowed in case of insufficient time to sold out into the open market through
reducing all their expenses those are associated with the potential buyers. It must be lower as
compere to the fair value in the market. It can be implemented by using various types of adoption
process. This would be taken any of the basic form such as, creditor voluntary, member
voluntary or with the permission of court (Alternative solution, 2018).
According to the mentioned case situation, it has been analysed that creditors are always
in threat that to make valuable petition about the liquidation process so that it will be more easy
at the time of liquidation. It is basically related with various process. All of them are required to
be followed in proper manner. The owner of champion ltd need to be agreed upon the liquidation
procedure. Making notice that are delivery to concern members as well as creditors in the
meeting as well as creditors in respective manner. The next process order through the direction
point of view which is being appointed as chairperson for creditor meeting as well as investors
meeting. A shareholder used to call meeting for this to resolve various issues that are related with
Champion company. The next step is to organise all the statements in complied way and make
through the liquidators at a given creditors orders. It consists of various lists of creditors and the
amount they are owned (Bebchuk and Jackson Jr, 2012).
Insolvency Act (1986): According to the section 45c, it is said to be one of the important
act of parliament that can take into account as legal base in order to resolve all kind of issues that
are related with personal and corporate era. It is known as legal terms and condition that can be
described specifically in condition to pay their amount which they taken from another party.
Way to deal with insolvency situations:
Sell company’s assets: It is crucial for the company to make decision on the basis of
overall amount, whether those are sufficient for paying to the creditors. In case of Champion ltd,
all the assets needed to sell in order to fulfil the amount of creditors.
Take on another job: It is vital for the company owner to work for another company can
earn sufficient amount of income to pay their creditors.
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(ii); Case 2 Amber ltd
In this particular case scenario, it has been analysing that Mr. Anderson is working with
Amber. As per the contract of employment specified a 12-month notice would have had to be
provided to the company before going for any kind of job. The competitor of Beta Ltd used to
offer Mr. Anderson a more attractive role in the form of CEO. But the agreement is not followed
effectively that used to affect the operation of Amber Ltd. They are make all their efforts to
prevent Anderson from commencing employment to Beta Ltd. Amber is in the injection with
protecting their concern by providing appropriate services so that competitive advantage can be
gain in near future (Dolzer and Schreuer, 2012). Some of the valuable aspects that are related
with termination of contract are mentioned underneath:
ii). Amber Ltd:
According to the given case of Mr. Anderson, it has been observed that Amber company
can be injunction that to safeguard from commencing employment in other companies then in
this case contract should be terminated.
law of contract: It is known as an agreement between two or more people to perform an
effective services and provide commitment to act accordingly. It has been seen that not every
agreement is crucial contract, as the parties can be deemed to have intention to be legally bound.
As, it was seen in case of Amber ltd.
Injunction: A party that failed to comply with an injunction to faced criminal or civil
penalties which consists of best possible solution to a given situation. It can be related with
heavy fine or sometimes imprisonment also. The Anderson have to pay sever consequences that
are ordered by the orders for the deny of contract from the court. (Hammond, 2012).
Term of contract: It is said to be effective provision that is associated with the contract.
Every term must be enhancing to a contractual obligation or beach of which can be provided to
any sorts of litigations.
Redundancy refers to the situation in which the employees get terminated due to having
no need of them in an organisation. When an organisation orders their employees to left
company without giving any reason to pat them.
Procedure of Redundancy:
In order to redundant an employee, employer need to first select the employees whose
performance are below the expectation. In this, case the employer make decision regarding
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terminating employees due to low contribution to company. Any termination should not be
considered if reasons are related with class, gender, case, religion etc. It is essential for employer
to inform terminated employee earlier in order to make them aware.
As per the prior agreement: In this, termination of contract can be done if one party
already informed about termination in an agreement of contract. For examples, the contract may
contain the provision regarding the termination of clauses and enforceable in case one of the
parties refused to follow their norms.
P5: (b): Justification of an alternative legal solution
It is essential to find out the optimum solution regarding resolving problems or issues that
are described above. It is important for an organisation to reduce issue in order to minimise their
time frame of contract according to the willingness of party. For examples, in case of Amber and
Anderson it has been identified that professional aspects are missing in between among them. As
members of an organisation is more beneficial to company due to providing maximum support in
achieving their desired goals and objectives. But instead of that, there is breach of contract
among company and one employee. Although the decision is usage by help of using ADR at the
premises and assist the department in various ways that will help in achieving better possible
outcomes. It can be possible through negotiating with them on personal basis with the purpose of
resolving all kinds of issues (Marston, 2013).
CASE: Carlill V. Carbolic
Smoke Ball company is producers who offered a flu remedy called as carbolic smoke ball.
The maker of this remedy, advertised in a newspaper that buyer who developed the flu despite
using the smoke ball effectively would be given 100 pounds as a refund. The company claimed
that this ad was not a serious offer, but the judge in this particular case ruled that because there
was a statements from the company they had deposited money in an account. Thus, they would
be able to make payment if there were any claims, a reasonable person had cause to believe that
there was a sincere commitment.
TASK 4
P6: Valuable effectiveness of legal design
ADR is one of the effective negotiable certification that is being issued for the resolving
legal conflicts and disputes those are resolved privately and have other than litigation in any of
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the court. It is one of the effective act which is applicable as an effective means for disagreeing
parties to come into an agreement in medium and short cases. It seems to be collective term for
the manner that parties used to settle all the legal disputes with the help of ADR which can be
used alongside existing legal systems. There is various method those are needed to be taken into
account while making any specific issues such as negotiation, mediation and arbitration. All
these mentioned tools and techniques is having various important aspects those are reliable
enough in solving all kind of issues those are arises in business (Picciotto and Mayne, 2016).
Amber ltd need to control or minimise all the situation of conflicts by taking into account various
corrective measures in respect to attain their aims and objectives in allotted time period.
Likewise, all the legal bodies would be needed to impose all acts that are used through taking
well organise possibility and mistake in to account. henceforth, some of the vital issues related
with ADR are discussed underneath:
Resolution: It is said to be that part of any case in which conflicts is resolved. It is
primarily carries specific lesson behind the entire story and mostly marks as the end outcomes.
This is relatively short period of time that makes difficulties to assess the multi-decadal which is
natural variable.
Negotiation:
It is considered to be an effective method which directs employees and organisation to
communicate with each other and resolve all kinds of issues as soon as possible. It is more
helpful as equal opportunity has given to involves parties which maximises their satisfaction
level as well. Negotiation help in reducing time and money on either involved parties thus it may
bring positive result to company.
Advantage: It is considered as more flexible form of resolving disputes as it consists of
only those parties which is taking interest in the reaching to a valid solution.
Disadvantage: It is basically related with unusually bargaining power. The companies
are more careful in case of bidding.
Arbitration:
In this, an organisation hiring legal or professional members with an objective of
resolving all issues and disputes that mat arises at workplace. Such method is mostly adopted by
multinational companies in order to prevent their business activities from any interruptions.
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Further, such method helps in reducing the mistakes which may affects the business operations
of an organisation.
 Advantage: The parties need to select effective decision with the context to expertise.
Through this, decisions can be made faster. Disadvantage: It is vital for arbitrator and agency to charge specific amount for cases
with all kind of issues. Lack of formal discovery of matters.
Mediation:
Under this, employer involves third members which are belonging to same organisation
with the purpose of clearing all doubts (Trevino and Nelson, 2016). Therefore, it has been clearly
understood that arbitration is considered as most appropriate method which is must require to be
adopted by company with the purpose of minimising the errors or mistakes.
 Advantage: It is relatively in expensive as seeking a case through trail is an expensive
proposition.
 Disadvantage: It does not always provide outcomes in a settlement agreement. Parties
need to spend their time and money in mediation to determine the actual solution from
the court.
CONCLUSION
Form this project report, it has been concluded that business law is one of the effective
areas that are taken into consideration for resolving every matter that are helpful in future
decision making. This project is providing specific information about various laws and
regulation those are associated with the business. Source of UK law are mentioned to deal with
all kind of issues those are arises within an organisation. Role of government in law making
process those are useful in future are discussed in the above report. Although certain legal
solution that are needed to get effective solution of all business problems faced by Amber and
Champion ltd are solved in this report. Use of alternative legal solution can be reliable in future
decision making process of the company so that no any additional issues would be occur. Every
results generated by from this project would be reflecting better outcomes in coming time.
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REFERENCES
Books and Journal:
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Bebchuk, L. A. and Jackson Jr, R. J., 2012. The law and economics of blockholder
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Deva, S., 2012. Regulating corporate human rights violations: humanizing business. Routledge.
Dolzer, R. and Schreuer, C., 2012. Principles of international investment law. Oxford University
Press.
Hammond, K. J., 2012. Case-based planning: Viewing planning as a memory task. Elsevier.
Hillier, D., Grinblatt, M. and Titman, S., 2011. Financial markets and corporate strategy (No.
2nd Eu). McGraw Hill.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Marston, W. M., 2013. Emotions of normal people. Routledge.
Percival, R.V., and et. al., 2017. Environmental regulation: Law, science, and policy. Wolters
Kluwer Law & Business.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
Reed, O.L., and et. al., 2013. The legal and regulatory environment of business (p. 328).
McGraw-Hill/Irwin.
Solove, D.J. and Schwartz, P., 2014. Information privacy law. Wolters Kluwer Law & Business.
Trevino, L. K. and Nelson, K. A., 2016. Managing business ethics: Straight talk about how to do
it right. John Wiley & Sons.
Werbach, K. and Hunter, D., 2012. For the win: How game thinking can revolutionize your
business. Wharton Digital Press.
Online
Alternative solution. 2018.[Online]. Available through: <https://www.whanganui.govt.nz/our-
services/building-consents-and-information/Documents/Brochure003-
AlternativeSolutions.pdf>.
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