Business Law Assignment PDF : UK
Added on 2021-02-19
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Business Law
EssayThe laws and rules which are implemented on running a business smoothly and lawfullyfall under business law. It is treated as a part of civil law and important for organizations to abideby them. The transactions entered into a business venture will be dealt with according to variouslegislation applicable on the entity (Allen and Kraakman, 2016). The report deals with number ofdifferent questions related to different sources of legal system, role of government andapplication of common and statutory law. In addition to this, impact of various laws which canimpact the business of an entity, available options for incorporating entities legally along withtheir management and funding. The report marks end with the description of legal solutions fordispute resolution together with its effectiveness. English legal system is one of the three parts exist in United Kingdom. This law appliesthroughout UK and govern rights of individuals living in UK. It has a constitution which ispartially written and codified and on which legislations have been passed binding on everycitizens and organisations in UK. The information about all the laws along with rules can beobtained from different sources which are divided into two categories viz. Primary andsecondary. A detail explanation of all the sources have been provided below:Primary sources: When the fresh information is stored in a source without changing itsoriginality, then such sources are called primary which are as follows:Case law: The judgement passed by the courts based on the principle of judicialprecedents which is further prepared in a report form (Allen, 2017). These are considered thebase for deciding future case laws provided facts and issues are similar. Legislation: UK Parliament passed laws and rules along with amendments which extendto whole UK and regulate rights and acts of people living in the country. European laws: The directives enacted by EU are imposed on the matters covered by it.For example, trade done between UK and other member countries are required to pay tariff asspecified by EU directives. Secondary sources: When information pertaining to a primary gets interpreted and usedsubsequently then it covered under this source. Legal encyclopaedias: Halsbury's Legal dictionary of England and Wales which is usedwidely for gaining the knowledge about legal terms. It is written in a comprehensive way inconsultation with experts likes lawyers. 1
Parliamentary and non-parliamentary publications: Parliamentary publicationscomprise of debates and speeches of members of both the houses. On the other hand, non-parliamentary publications contain reports provided by various government departments(Cleaveland, Dutcher and Epps, 2015). Law commission: It is an independent body which is established by UK government forreviewing existing legal system in the country and make recommendations for makingamendments. Law journals: These are the source of extensive information of laws and rules which areprovided for legal practitioners. Textbooks: The material published for students containing different interpretation ofauthors and benchmark cases in order to have adequate legal knowledge. UK's legal system is a wide which has been used as a base by many other countries to settheir own legal structure. It involves many laws and rules which are applicable on individualsand organizations. But, it lacks in providing correct judgement within the right time. It needstransformation in the form of amendments for making it up-to-date. This will enhance theconsistency of legal system in UK. Government of country makes policies and plans which are implemented for each andevery citizens for their benefits. Therefore, government has a huge role in shaping a country andincreasing the growth of economic development. In all of these, legal system is has anunavoidable contribution and government plays an essential role which is categorised into threecategories such as:Executive role: This role is exercised by the Queen, Prime Minister and other centralministers. They work for the enforcement of laws and rules for improving the effectiveness oflegal system (Fenwick, M., Van Uytsel, S. and Wrbka, S. eds., 2014). Enforcement is necessaryfor maintaining law and order in the country. This ensures that activities are being done withinlegal boundaries. Legislative role: This role involves making laws and rules according to requirements inthe society. It is a role of both the houses of Parliament which presents a bill in the Parliamentfor getting the assent of queen in order to enact it. These govern rights and conduct of an peopleliving in UK. Timely amendments are also done in the existing laws for enhancing itseffectiveness.2
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