Business Law Assignment Solved - Global Solicitors

Added on - Nov 2020

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Business Law
Table of Contents
INTRODUCTION...........................................................................................................................1
ACTIVITY 1....................................................................................................................................1
P1. Sources of law.......................................................................................................................1
P2 Elaborating the role of government in making law and application of statuary and common
law in justice court......................................................................................................................2
M1 Evaluation of effectiveness of the legal system regarding recent reforms and development
.....................................................................................................................................................3
P3 Illustrating the impact of company, employment and contract law on business...................3
M2 Differentiatingbetween legislation,standardsandregulationsand identifyingtheir
potential impact on business.......................................................................................................4
D1 Critical evaluation of the legal system and law.....................................................................4
P4 Legal formation of different types of business organisation.................................................5
P5 Management and funding of various form of businesses.....................................................5
M3 Advantages and disadvantages of their formation...............................................................6
D2 Critical review and evaluation of the different types of business organisation....................7
P6 Identification and recommendation of appropriate legal solution to resolve two different
disputes through relevant examples............................................................................................7
M4 and D3 Comparison and evaluation of the different sources of legal advise and support....8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
INTRODUCTION
The term Business law is defined as the body of law which regulates and governs the
activities of business and trade. Business law helps in regulating the making of contracts,
agreements, manufacturing and selling activity of consumer goods and services. The report will
discuss about Global Solicitors, a London based law firm. This law firm is a business legal entity
which is formed by one or group of lawyers for carrying on the practice of law. The main role is
to advise clients about their legal rights and responsibilities.
ACTIVITY 1
P1. Sources of law
Roots of law are defined as the base and formulation of laws, guidelines, the binding
rules which enables any of the state in regulating to territory of itself.
Sources of Law includes:
European Law -The European Communitylaw was the sourceof UK law from 1973, at
that time UK had become European Economic Community's member. of the European Economic
Community. European Union law was the part of UK law under the European Communities Act
1972. In the case of any conflict or disputes, European Union law takes priority. The sources of
European law includes:
The Treaties- Treaties imposes legal obligations on the member states which includes
the Treaty of Rome 1957, the Single European Act 1987 etc. which are directly enforceable by
the individual citizens irrespective of implementation of legislative action by the member state.
This enforceable obligations is directly related to equal treatment of men and women in
employment.
Regulations- These are intended to impose disciplines and uniformity of law among the
whole community members and state with immediate effect after being isued in all member
states.
Directives- It consists of most inventive source of law in the European Community
which applies to all member states having intention of bringing harmonisation of law i.e. making
it similar & not identical between the member states(Beatty, Samuelson, and Abril, 2018).
Decisions Only a particular member states, companies or individuals are affected by a decision.
With decision authority, it empowers to do & prevent party from doing something.
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Delegated Legislation– It is considered as indirect or secondary legislation which is
made by the bodies outside Parliament with the help of legislative power delegated by the Act of
Parliament. There are four types of delegated legislation:
1. Orders in council -The Emergency Powers Acts 1939 and 1984 give law-making
powers to the Privy Council in times of national emergency.
2. Statutory instruments –It is made by departments of government for executing the
policies general principle, set out in enabling Act of Parliament.
3.RegulationstoapplythelawfromEuropeanUnion1972Act,European
Communities,empowers in implementing directives & provisions of treaty to the ministers and
departments of government.
4 Bye-laws – Are made by the local authorities and other regulatory bodies having all the
statutory powers to direct & govern facilities provided by they.
Case Law– It is also known as Judicial precedent, asit is taken from the doctrine of
stare decisis, and linkedwith the jurisdictions of the English common law in relation with the
concept adopted from Civil Law systems. Case Law is considered as the accumulated principles
of law which is derived from centuries of decisions. Judgements or decision passed by judges on
important cases are recorded and thus become source of law(Morrison, 2019). As per the
English law dictionary, it defines case law as the judgement or decision of a court of law which
is cited as the authority for making decision of similar state of fact in the same manner.
Act of Parliament- The act of parliament is the prime source of UK law where a law is
formed through the parliamentary process. This is primary legislation where both the house of
parliament makes passes a bill and then the same is approves by the monarch to make the same
as law.
P2 Elaborating the role of government in making law and application of statuary and common
law in justice court
A law is made though the act of parliament where a bill is passed by both the houses of
parliament. A bill in its early stage is a proposal which is presented to cabinet minister for
approval. With this approval the proposal converts to a bill. The bill is presented before either
one of the houses of parliament that is house of lords or commons(Cartwright, 2016). The bill is
introduces to a house through first reading where tiles is read out and its outline of the bill is
described. The bill goes to second reading for detailed discussion of principles of the bill. Here
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