Business Law Assignment - divisions and sources of UK's law

Added on - Nov 2020

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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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