Business Law: Legal System and Sources of Law in the UK

This article discusses the legal system and sources of law in the UK, including classifications of law, the role of courts, and the UK law making process. It also covers contract law and its impact on business.

LEGAL SYSTEM
FOR BUSINESS
LAW

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
Part 1: Classifications of law ..........................................................................................................3
Define laws and identify the respective legal systems in the UK...............................................3
Explain the role of the following Courts in the English Legal system such as a) High Court, b)
Supreme Court etc. .....................................................................................................................4
Part 2: Source of law .......................................................................................................................4
Part 3: UK law making process .....................................................................................................5
Explain the following..................................................................................................................5
CONCLUSION ...............................................................................................................................7
REFRENCES ................................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
Business laws are the laws that has been dealing with various kinds of rules and
regulations formed in order to makes business organization established in more organized
manner. These laws provides legislation which proves to be more effective over making business
process efficient manner. Such law makes objectives and goals of an organization achieved in
more impactful way. Also business law deals with various aspects related to business through
preparing legal farmworker leads over making work done in organized way. Scope of these laws
are wider as they impact functioning of business from all its aspects. Nature is dynamic which
makes business mechanism affected through its guidelines. In this file three parts are there First
part deals with legal systems. Second part develops understanding in relation to various sources
of law. Third part deals over law related to business like contract, employment and company law.
TASK
Part 1: Classifications of law
Define laws and identify the respective legal systems in the UK.
Laws are those kinds of rules and regulations which has been formed in order to control
various kinds of activities taking place within society. These rules makes standards developed by
marking out legislation in relation to such act. Also laws has been defined as particular
framework formed for controlling of illegal process existing within society. In simple words law
has been formed to govern both state and society. In English legal system law covers various
aspects which exists within society and makes it better place to live. Further legislations passed
by parliament of UK is based upon two main laws which are civil and criminal laws. Both laws
has lead over creating balance within society(Giubboni, 2018). Criminal laws are those laws that
is focused over dealing with crime taking place in relation to public at large. Civil law deals over
those wrong which is been committed in relation to an individual. In criminal law there should
be two main elements that is Actus rea and Mens rea. In civil case basic elements are based upon
nature of the case. Criminal law covers in criminal code of conduct and civil law covered under
civil code of conduct. Criminal law evidence and facts is been used to determine the culprit
whereas in civil case burden of proof lies over the accused. Civil law covers cases related to
contract, property and law of torts. In criminal law cases related over murder, extortion, sexual
assault and theft is been covered.

Explain the role of the following Courts in the English Legal system such as a) High Court, b)
Supreme Court etc.
In English legal system one of the major organ is judiciary which is covered under
judicial system and has been covering various kinds of legal procedures. Under judicial
proceedings courts is segregated as per the jurisdiction provided to them. Jurisdiction of court is
based over territory and value of money. English legal contains hierarchy of courts within which
Supreme Court this is the highest court of authority dealing with all kinds of cases which has
been challenged. High Court these courts are also appellate courts as it deals in appeals
challenging judgements of lower courts. These courts have three main division which are Queens
division for criminal matters, Chancellor division for civil matter and Family division for
marriage related issues. Lower courts these are those courts which are known as courts of first
instance as they look at a matter which is fresh. In this magistrate courts, bounty courts and other
lower division courts is been covered. Different courts are there that is tribunals, administrative
courts and juvenile courts(Hiller and Shackelford, 2018).
Part 2: Source of law
Laws are those kind of bodies which leads over controlling criminal activities existing
within society. These legislation is been formed through various kinds of sources which acts as
knowledge providing aspects and helps in developing of laws. These sources are divided into
two kinds that is secondary and primary sources. Further it has been explained as follows:
Primary sources; Such sources provides first hand information in relation to law that has to be
formed. These sources has been explained as follows:
 Case law: In this source information is based upon the judgement passed by judges
within particularity case. It has been formed in relation to various aspects covered within
a case(Holloway and et. al., 2017).
 Legislation: These are those laws passed with the help of through following proper
process within parliament. Such process is known as three stage reading process under it
first stage only the draft of legislation is been presented within parliament. Second
reading detail discussion is been done over the draft and its various aspects and voting is
also done over it. Third reading the bill is been discussed with amendments suggested.

Then the bill is sent to House of Lords for final analysis and can be send again over
amendments suggested. The last step is that bill is send for Royal assent which is given
by monarch under Royal assent act 1987. Legislation also has power to make distribution
of power done known as delegated legislation which is an subordinate body formed to act
on behalf of appellate authority.
 Human rights: These are another important basic source as it deals with basics of law
formation which cannot be violated in any means. Such rights covers about fundamental
principles of individual defined under constitution of a country. Laws formed cannot
violate it in nay manner.
Secondary sources: Such sources provides second hand information collected from primary
sources. These sources has been explained as follows:
 Text books: This sources helps in understanding about laws in detail and helps in
generating information in relation to it. They makes students studying law attain more
knowledge regarding particular law(Moran, 2020).
 Encyclopedia: Such source acts as those kinds of laws which makes basic meaning in
relation to terms of laws understood in more effective manner. This makes definitions
understood in more organized manner.
 Articles: They are helpful in generating of idea in relation to laws which has been
formed and impacts. Also it makes analysis of law done in more organized manner by
experts. It makes laws and regulations developed in more effective way which makes
laws formed with more strength.
Part 3: UK law making process
Explain the following
Contract laws: In these laws an agreement is formed between two or more than two
parties which requires to be valid within the eyes of law. Laws related to contract has been
formed over regulating agreements in more impactful manner. Also such laws makes standard
procedure developed for making law impactful in nature(Rendtorff, 2019).
In other words contract laws are based over those kinds of agreements which is made
between two or more individual or organization over making sure that all kinds of activities
related to business is been performed in more organized manner. It makes monetary transactions

controlled in more organized manner which makes legality to be maintained within the law. In
other words contract laws has been formed over making an agreement attain validity within the
eyes of law. These laws make sure that an agreements executed should not violate any elements
maintained within it. Agreements can be contract but an contract cannot be agreement which
means that agreement can be formed as contracts and no contract cab be an agreement. Contract
can be both expressed and implied which means it can be written and unwritten form. The term
expressed covers about promise or any mutual agreement formed. Implied means an agreement
that has been formed in written manner between parties and has been executed. Also these laws
are based upon various elements which is important to run a contract(Pertot and D'Onofrio,
2017).
These elements are offer, acceptance, obligation, legality and validity. In offer only the
idea to form a contract is been presented to another party. In acceptance idea presented by
another party is been accepted by party to whom it is made. Obligations these are those laws
which has been formed after discussion done between parties willing to come into contract. In
this only rules and regulation is been decided by parties. Legality in this it is been observed that
terms and motive of contract is legal in nature. Validity this is the final element presented within
the contract it makes sure that an contract is based upon those things which is been allowed
within the law. As per it contract cannot be based over smuggling, bribery and any kind of illegal
trading. In contract wrong committed is based upon breach which is breach of contract and
breach of trust. They are been handled with the help of remedies that is given within the
legislation regarding the law that is damages, specific performance, injunction and rectification.
Damages is been given in the form of money, specific performance is been given under special
circumstances. Injunction is been given on courts order and rectification is granted only when an
natural disaster occurs(Simons and Handl, 2019).
These remedies helps in dealing with breach of contract in specific manner and makes
parties attain compensation for it. Postal contract are those contract which has been formed
through posting a letter to another party and in this letter accepted is been considered as contract
formed. In this as soon as the letter is posted contract is formed between parties. Then comes
consideration that is based over bargaining of contracts and its is been governed with various
laws which are consideration must not be past, consideration can be sufficient but cannot be
adequate, consideration must be raised from promisee. Also in this existing public duty will not

amount to an valid consideration and existing contractual duty will not amount to valid
consideration. Part payment of debt is not valid consideration over promise to forego the balance.
Then comes invitation to offer within which an offer is been presented but not accepted. It differ
from offer in a way that in offer only the idea is been presented but its part of contract. In
invitation to treat only offer is been presented but not accepted is not part of contract. Relevant
case law to understand this is Pharmaceutical Society of Great Britain v Boots in this case
boots introduces new self services within the system within there shops which makes customers
pick up goods from shelf and put them in basket and takes cash till pay. Under this Pharma
Society of Great Britain has brought an action in relation over determination of legality upon
particular system regarding selling pharmaceutical products which has been allowed by law to be
sold under present pharma law. In this court observed that invitation to treat exists but no
contract is been formed which makes parties not obligated to followed by parties.
Contract laws has helped business organizations in attaining growth and sustainability
which has made various process of an organization done in smooth manner with more efficiency.
Also it lead over developing framework which makes strengthening of relationship between
parties possible(Smits, 2017).
CONCLUSION
From the above discussion it can be concluded that business laws are those rules which
has been formed in order to make and organization attain legality within the eyes of law. These
laws leads upon making organizations goals and objectives achieved. Further the file covers
about legal system of United Kingdom with jurisdiction of courts. Then sources of law is been
covered with delegated legislation. In the end basics of contract law with its elements, postal rule
with difference between offer and invitation to treat is been covered. In the end impact of
contract law on business is covered.

REFRENCES
Books and Journals
1.

REFERENCES
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