Business Law and UK law : Assignment
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Added on 2021-01-01
Business Law and UK law : Assignment
Added on 2021-01-01
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INTRODUCTIONBusiness law is mainly considering as trade law which covers all the necessary Acts,amendments and provisions related with commercial activities in order to support corporateworld with fraudulent actions (What is Business Law? 2018). However, legal bodies havedesigned number of norms, rules and regulations for protecting buyer and seller from wrongfulactivities. Along with this, helps in running business in smooth manner by accomplishing all thebusiness operations in legal way. It includes various things such as; principal and agent; carriageby land or sea; merchant shipping; guarantee; marine, fire, accident insurance; bills of exchange,contracts and many more. Therefore, this assignment is going to highlight various sources of UK laws with the helpof several examples in order to enhance knowledge about commercial Acts. Along with this,roles of governing body while making law and application of statutory law is briefly explained.Moreover, influence of contract, employment and company law upon businesses is furtheroutlined in the project. Apart from this, an appropriate case is going to frame for understandingthe nature and formation of various kinds of business (Besley, 2015). Last but not the least,suitable legal solution is also explained in the report. SECTION 1TASK 1a) “Parliament is sovereign” and sources of UK lawsIn legal bodies, number of institutions, associations, council members, executive bodiesand judicial members are involved for handling the political matters of a nation. But there aresome hierarchy which shows the difference between central authority, higher and lower (Burley,2017). This statement “Parliament is a sovereign” states that Parliament is having supremepower over any other legitimate bodies. In fact, number of states is having sovereign legislatureswhich includes such as; United Kingdom, Finland, the Netherlands, New Zealand, Sweden,Norway and so on (Solove and Schwartz, 2014). Therefore, according to given statement that“every year governing bodies announces their programme related to law through Queen’s speechat the state of inaugural of Parliament in the month of October or November” it has beenanalysed that Parliament is acting as a supreme authority. Moreover, final decisions have beentaken by parliamentary members or Queen which shows their sovereignty in legitimate bodies. 3
UK laws are known as English law or Common law which is imposed on England andWales in order to control all the fraudulent activities. Mainly, United Kingdom is having threemain legitimate systems which are derives from a specific geographical region and coversvarious historical reasons such as; English law, Scots law and Northern Ireland. In fact, UK isnot having sole lawful system as it was formed by governmental union of previous self-governing countries. However, English law is designed into four significant ways named as;legislation, case (common law), human rights and EU law. Moreover, fifth residual is throughcustom. It has been understood that Parliament is consider as supreme law making institution byhaving exceptions for EU law. Although, legislation designed by parliament started as a Bill(Buxbaum, Hirsch and Hopt, 2012). Along with this, public bills are brought by MPs ofgoverning bodies which automatically influence the general public. Additionally, Private Billsinfluencing individuals or locality are bringing by non-governing MPs. Furthermore, Bills can gothrough various stages; first, second, committee, report stages and third reading before it sent tothe House of Lords where final amendments have made. Legislation which get developed can comes from bodies or persons that were authorisedby Parliament for enacting laws. Thus, developed law can come from and be consistent with a“parent” or enabling Act. For instance; Scotland Act 1998 enforced by Westminster Parliamentfor creating a Scottish Parliament with legislative authority on certain subject such as; health,education, criminal and civil law in various other areas. Common law or case law is also seen as most significant part of law designing. Tribunalget engaged in creating law through which statutes get interpreted (Clarkson, Miller and Cross,2014). Furthermore, after creating statutes by parliament, they are going to cover broad range ofincidents and situations. As a result, statutes’ become non-specific and clarification required toapplied on certain circumstances before the court. Consequently, it has been understood that in England there is a hierarchy of sources suchas; legislation (primary and secondary), case law that is regulation of common law and equity,parliamentary conventions, general customs and books of authority. Apart from these sources,there are some international origin are also there that are named as; International Treaties andEuropean Community law. Basically, legislation is seen as primary source of law which consist of declaration oflegitimate rules by competent authority. Mainly, legislation is having distinct purposes such as;4
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