Business Law Assignment - divisions and sources of UK's law
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Added on 2020-11-23
Business Law Assignment - divisions and sources of UK's law
Added on 2020-11-23
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BUSINESS LAW
TABLE OF CONTENTS TABLE OF CONTENTS..............................................................................................................2 INTRODUCTION...........................................................................................................................1 TASK 1............................................................................................................................................1 1.1 Explaining divisions and sources of law in UK.....................................................................1 1.2 Impact of Act of Parliament to their business.......................................................................2 TASK 2............................................................................................................................................2 2.1 Brief introduction of Pimlico Plumbers V Smith..................................................................2 2.2 Representing Employment status checklist...........................................................................3 2.3 Conclusion.............................................................................................................................5 TASK 3............................................................................................................................................5 3.1 Types of business organization..............................................................................................5 3.2 Nature of registered company (Case summary of Salomon v A Salomon and Co Ltd)........6 3.3 Steps for setting organization................................................................................................6 3.4 Role of directors....................................................................................................................7 3.5 Methods for rising shares.......................................................................................................7 TASK 4............................................................................................................................................7 4.1 Alternative methods of obtaining legal advice......................................................................7 CONCLUSION................................................................................................................................9 REFERENCES..............................................................................................................................10
INTRODUCTION Business law is replicated as body of law which helps in governing commerce and business with consideration to be civil law's branch and directly deals with problem of public and private law. It has directly regulated with hiring practices, manufacture and sales of different consumer goods and corporate contracts as well. The present report will give brief discussion about divisions and sources of UK's law and associated issues. It will provide brief study of case Pimlico Plumbers V Smith along with employee status checklist. Further it will give nature and explanation for registering business organization along with role of directors. This report will also provide alternative methods for obtaining different legal advice. TASK 1 1.1 Explaining divisions and sources of law in UK The sources and divisions of UK law are stated below: The treaties:There are various treaties such as Treaty of Rome 1957 and Maastrichit treaty 192 which is revised through Treaty of Lisbon 2009. It directly defines constitution of European union. The treaty of Amsterdam 1997 and treaty of Nice 2003 has significant constitutional effect which is enlarging and changing various obligations of member states. Some obligations are enforceable through individual citizens rather relevant member state has considered different legislative action for implementation. Regulation:These are directly intended for imposing law's uniformity throughout the entire community. It will take impact in every member state on immediate aspect for issuance. Directives:It consists of various fruitful sources of law as its application on every member states are directly intended for leading harmonisation of law among member states. It helps in creating similarity but not identical. The objectives have been set which could be attained but choice of form is left along with implementation of method for every member state. Decision:It directly impacts only specific member states, individuals or organization. It might empower party to whom it is issued for performing something or for preventing it does something (Bell, 2018). 1
1.2 Impact of Act of Parliament to their business The law of English is created through authority of parliament. In this context, direct legislation consists of act of parliament which is framed through passage of bill via certain prescribed process in commons house and house of lords. Further, delegated legislation is formed through body which has provided power to legislate via parliament under enabling act. The practice of delegated legislation through which bulk of law is framed on every delegated year instead of direct. These specific legislation are mode through which both local and central government agencies are administered over policies. In the similar context, more than 2000 regulations are enacted on yearly aspect. These might helps in limiting benefit entitlements and increment in required hygiene standards in a fast food business for helping to keep local parks free with noise pollution. It has both pros and cons as it is referred as controversial such as: The parliamentary process of legislative is protracted and slow and with perspective of parliament it is very difficult for completing annual legislative schedule. It has absence of time for debate on fine details related to regulations which are necessary for executing government policy. However, details of policy administration are identified through relevant government department, as parliament might be deprived of opportunity for question and to debate about them. The formation of legislation has need of different specialist knowledge and different rules could be introduced on quick and easy aspect. On the contrary, huge quantity of delegated legislation is formed in each year which creates difficulty for lawyers to keep abreast of all specified alterations. As adapting different alterations which might be added considerably for aggregate of burdens related to operations of business despite appropriate circulation of publicity through regulating body. TASK 2 2.1 Brief introduction of Pimlico Plumbers V Smith Gray Smith has worked exclusive for Pimlico Plumbers as they have an agreement which reflects that he is an independent contractor of organization in business account. There was presence of organization which replicated to 40 hour working week, as its agreement had stated absence of obligation for providing or accepting work. Mr. Smith has hired branded van through business entity and was registered as self-employed (Wright, 2018). After six year of starting work, Smith has faced heart attack and took decision for decreasing working days to three from five. Pimlico Plumbers has denied with his request and 2
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