Business Law: Structure, Government Role, and Legal Obligations

BUSINESS LAW
PAGE 7

Table of Contents
BUSINESS LAW.......................................................................................................................1
INTRODUCTION.....................................................................................................................4
Section 1.....................................................................................................................................4
P1 Explanation about the structure of the English legal system and discussion about the
source of laws that organisation.................................................................................................4
P2 Explanation about the role of government in law making and how statutory and common
law is applied in the Justice court..............................................................................................5
Add statuary law........................................................................................................................6
Common law .............................................................................................................................6
Section 2.....................................................................................................................................6
P3 Brief explanation about the employer’s legal obligation in the relation to ........................6
a) I) Occupational Health and Safety ........................................................................................6
II) Workers compensation ........................................................................................................7
III) Harassment..........................................................................................................................7
IV)Equal opportunities ..............................................................................................................7
b)Explanation about how the relevant employment and contract law will have a potential
impact upon the business...........................................................................................................7
Section 3.....................................................................................................................................8
P4 Suggestion about the appropriate legal solution for each of the above business problems.8
P5 Explanation about business solution by either referring to a relevant statute or using an
appropriate case.........................................................................................................................9
Section 4 P6...............................................................................................................................9
a)Explanation about the concept of using alternative dispute resolution process....................9
b)Recommendation an alternatives legal solution to the business problems...........................10
CONCLUSION........................................................................................................................11
REFERENCES........................................................................................................................12

INTRODUCTION
Business law is very significant aspect in the present time by which any business
enterprise can effectively protect and keep secure its business activities and function.
Business law is a structure that is used to protect the citizens as well as organization
within the country. Below are explained several legal structures and their impact
upon the business organization, contracts and citizens in the country (Smith and
Malloy, 2013). In addition to this,I explained the role of government in law making
and application of statutory and common law. The main objective of this assignment
is to understand the importance of English legal system and business law upon the
business activities as well as citizens in the country.
Section 1
P1 Explanation about the structure of the English legal system
English legal system is very important system through which several courts can establish for
take the decision. With help of this system, fair decision can be done according to the
conflicts of parties. In this structure, Supreme Court is positioned at the top level and their
decisions have to follow by other lower level court. This Supreme Court is also known as the
House of Lords. It is only bounded from its previous decision however this changed when the
Lord Chancellor issued practice statement (Haag and Sund, 2016.). After the supermen court,
court of appeal is positioned in the hierarchical structure and it divided into civil and criminal
divisions. All lower level courts have to follow the decisions of both divisions. While there is
any conflict situation arises between two previous decisions then court must decide which
decision to follow and which to overrule. If the previous decision has been overruled by the
House of Lords then appeal court must have to follow the decision of the superior court. The
divisional courts are located within three division of the high court. Magistrates and country
courts do not bind any other court and are not bound by their own decisions.
There are various source of law which are discussed below-
Primary legislation- This kind of delegated legislation is developed by the deliberate
assembly of the country. The legislation has emerged as the chief source of law. With help of
the legislation, country’s citizens and organisations can securely and safety carries out their
working as well as business activities (Haigh, 2015). Legislature emerged as an organ of the
PAGE 7

government. It began transforming the customary rules of behaviour into definite and enacted
rules of behaviour people.
Equity- Equity refers to the word of fairness and sense of justice. In order to decide the cases,
judges interpreted and apply laws to the specific cases. With help of equity law, anyone can
have right to get equal rights regarding their work. Equity is used to provide relief to the
aggrieved parties and such decision perform the functions of laying down rules for the future.
The most significant source of English Law is the European Union Law. European Law takes
precedent over any laws of each country that is part of European Union. We have different
cases where it happened that corruption takes over the Parliament of a country and changes
want to be made to justice law as an example. The European Union will take actions against
those countries i.e Hungary. The European Parliament striped of the rights of voting of
Hungary in the European Parliament because of a serious deterioration of rule of law in this
country.
P2 Explanation about the role of government in law making and how statutory and common
law is applied in the Justice court
Government plays a very crucial role within the country in order to develop the law
regarding several activities and functions. According to the situation and conflicts arises in
the country, government takes the decision about law development. This law develop for the
purpose to protect the citizens of the country (MacCormick, Summers and Goodhart, 2016).
In the procedure of law making, bill is the first draft which is forward in the parliament. A
bill is the draft of a legislative proposal and it has to pass through various stages before it
becomes an act of parliament. There are major three stages through which bill have to pass in
the house of parliament. These stages are discussed below-
First reading- The legislative procedure starts with the introduction of a bill in either house
of parliament that is the lok Sabah and rajya sabha. A bill can be introduced either by a
minister or by a private member. It is necessary for a member in charge of the bill to ask for
the leave of the house to introduce the bill (Qi, Roth and Wald, 2017). This bill is forward to
the house of parliament for first reading. This bill organised in the house of common. This is
very significant stage in the law making by government and in the absence of this phase it is
impossible to develop the law by government.