BMP4002 Business Law: UK Legal System, Sources, and Contract Impact

This report provides a comprehensive overview of the UK legal system, focusing on its structure, sources of law, and the impact of contract law on businesses. It begins by classifying UK law geographically and by type (civil, criminal, and statutory), then examines the jurisdictions within the UK (England and Wales, Scotland, and Northern Ireland). The report identifies key sources of law, including legislation, customary law, delegated legislation, European Union regulations, and the European Convention on Human Rights. It also discusses the implications of these legal aspects for multilingual organizations operating in the UK, highlighting both opportunities and challenges related to language policies and Brexit-related adjustments. The report further analyzes how UK contract law shapes business operations by ensuring the enforceability of agreements, protecting the rights of parties involved, and addressing potential issues like fraud or misrepresentation. The document concludes by emphasizing the importance of businesses, especially multilingual ones, understanding the legal landscape to navigate the UK market effectively. Desklib provides this document and many other resources to aid students in their studies.

BSC (Hons) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER 1, EXAMINATION 2021/22
BUSINESS LAW
MODULE NO: BMP4002
Exam Paper Release Date & Time: Saturday 11 June 2022 at 10:00am
Submission Cut-off Date & Time: Monday 13 June 2022 at 10:00am
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ANSWER BOOKLET
All the pages of the answer booklet should be submitted including blank ones.
Please type your answers in the spaces provided.
Insert additional pages where required.
Student Name
ID Number

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Answer to Q. 1 (i), (ii)
The UK Classification of Law
According to area with geographical considerations the law in UK is divided into three systems i.e.,
Scotland, northern Ireland and Wales & England. Whole citizens are governed by the constitutional
law and it forms the basis of law for the governance of whole system as well (Charlson, 2020.). The
term law in UK means the set rules made or formulated by the administrators of the system which
governs the behaviour of the people and all those who are associated with the territory directly or
indirectly.
The system of law is broadly classified into two categories known as Civil and Criminal Law. There
exists other system also known as statutory laws which are properly formulated by the parliament.
They regulate how the people will be behaving in any society also the directions leading to the
controlled conduct of the individuals are concerned under these set of regulations. Both the civil and
criminal law may involve the punishments and sometimes may overlap with each other.
Criminal law refers to that branch of law where the offences which are committed are said to be
committed against the state and not against the particular individual it is done against. The measure
of correction here is fine and also the infliction of punishments (Cooper and Kirk, 2021.). These
offences are categorised as larger offences and are crimes against the society as a whole. It includes
the cases like Murder, Assault, robbery , dacoity , etc.
Civil Law is the area where the offences when are committed are considered to be against only the
specific person against whom it is actually committed and not against the whole society. It relates to
the issues or conflicts between the specific people or community in the area. The form of
punishment which is usually inflicted on the person who committed the offence is compensation.
The cases like negligence, breach of contract, breach of trust, defamation, etc. are included in this
category. The plaintiff under these kind of offences directly sues the defendant for the finances lost
by him due to the mistake of defendant.
Other category here is the non statutory law. In such cases no need for the formulation of any
legislation is there in this type of laws. Rather they just work as the remedy against the whenever
any right is violated. For the contracts, torts concerned, nuisances, trespasses, etc. only the civil
regulations are enough to provide the remedy against the wrongdoer and the formulation of laws by
the long processes is not mandatory in this kind of regulations.
Answer to Q. 1(iii)
Jurisdictions of the United Kingdom
The jurisdiction in UK is parted in three categories as already mentioned in part 1 of the answer.
These are England and Wales, Scotland jurisdiction and Northern Ireland. The abstracted judicial
scheme is provided in the jurisdiction of UK as that being the Westminster (the prime law makers).
The base of the law of negligence, case Donogue v. Stevenson lays down that all the three
jurisdictions of great Britain are essentially bound by the appeals to the common court that is the
Supreme Court of UK. It is the advances court of civil appeals considered highest amongst all
(DiMatteo and Poncibó, 2018.). The population and the figures in UK count on the strength of UK
as a whole along with giving strong base the these distinct legal systems. The Scots law even uses
the system which is quite alien to the England and Wales jurisdictions but the English system owes
much of the origin of its Civil law to the Scots only.
Answer to Q. 2 (i), (ii)
The UK Source of Law
The sources of law covers the legislations or laws made by the European conventions, customs, the
laws which are incorporated, the regulations which are designated along with the Human Rights
Convention of European Union. These are the prime sources from which the law in England derive
majority of its authority in the regular running.
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Legislation: the chief statutory authority which is situated in London governs the system of
legislations in UK. The legislation refers to the set of rules which are made by the governing body.
This also mages the acts performed by the parliament. The two agencies known as The house of
lords and that of the House of commons forms the parliament in UK. The system of first past the
post is practised in the Parliament in UK (Giles, Errickson and Márquez-Grant, 2022.). There exists
650 countable heads of member of parliament who are characterised as the geographical body of
electorates. The votes are counted and the contingency of votes is done away by the passing of the
counting of minority vote. In contract to the House of commons, the House of lords comprises of
the heads who are titled individuals. These titles are specifically given to them in the honour. The
number of total members in the House of Lords is 800 on count but the member approximately 600
in number are directly chosen on the advice of Prime Minister by the crown that is the Queen of
England. The titles which exists are like the Mater, Woman, senior in reference to the Church in
England.
Customary Law: the laws which take place as the due to the long usages which take form of
customs with no objections from the people practising those and no objections from others are
termed as customary laws (Glazer, 2021.). The court's legal choices along with the options from the
comparative councils are the ones which take form of the customs. The rules or the set of rules
which are operational in England are considered to be based on these only.
Delegated legislation: the parliament may pass over the power of enacting laws as per the needs of
the time. This makes sense when any sort of regulations are needed for the department or any matter
is so connected with any agency that the making of law by it is supremely considered appropriate .
Such legislations as are made by the authority on whom the law making power is passed is termed
as the delegated legislation.
European Union regulation: the United Kingdom was a part of UK for a long time and it was
considered to be a inseparable part thus whatever the rules and regulations were made by the
European union, they were impliedly followed by it. It was considered to be the prime law
applicable to UK. But now as many of them are not applicable to it. They are not applicable
completely on it.
European Convention on Human Rights: all the courts in UK are bound to follow the European
Convention on Human Rights (ECHR). It is believed that the human rights are the prime rights
which should be protected in every state and in no case shall they be done away with. The state
shall take all the endeavours to protect and promote the welfare of the people who are in turn
concerned with the smooth governance of the state and amity in the world.
Answer to Q. 2 (iii)
Law affecting Multilingual organisation
The multilingual business can be beneficial for the organisation as the law in Europe now is is
opening its wings for the unified world culture business organisations. The language policy which
are applied in the organisations as per the UK law now is the basic reason why this multilingual will
be directly profited by the law in UK. The majority of the people residing in U are multilingual and
they look for the organisations who are not pro English service providers as well as appointers too
( Twigg-Flesner, 2022.) . Still the laws in UK in regard to business are full of barriers as after Brexit
Britain is struggling to get back its independence along with getting the growth at fast pace. So the
multilingual organisation which is willing to expand its business nin UK should be well aware of
the system of law and regulations prevalent in UK in contemporary times. Apart from these the law
are centred towards benefit of the employees and well maintained relations throughout the
organisations. The law of contract as well as all the sources specifically the law of Customs is
primarily beneficial for the concerned organisation as this give chance to the organisation for the
well establishment in the system with the ever existing practises.
Answer to Q. 3
Impact of UK Contract Law on business
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The law of contract administers how the conditions of the agreement ought to be shaped to keep up
with the working of the business and the enforceability of any consent to attest the freedoms of the
gatherings is created under the law of agreement as it were. The arrangement of regulation in UK is
old and created finally so it works for every one of the gatherings to the agreement who are working
under the ambit of regulation. It likewise gives the direction to every one of the gatherings when the
agreement is of restricting nature. It guarantees that the responsibilities in the agreements are met
well on time. The law additionally ensures that the contemplations which are fixed by the
gatherings as the fundamental of their agreements are ideal given by the gatherings and anyway of it
not served as expected (White, 2021.). Every one of the instalments are guaranteed by it. The
assent element and expulsion of any power is likewise the subject that influences the business a ton
as it is seen the gatherings take part in no demonstrations of extortion or deception or anything
which is viewed as the misfortune in regulation.
Every one of the organizations work inside dealings and exchanges which are either for the selling
or buying or products or for delivering or looking for the administrations in the business, this
requires the passage of a legitimate understanding which is gone to a substantial agreement between
the gatherings. The provisions of such agreement connects with what is to be sold or what
administrations are to be delivered and at what cost. In this manner everything are guaranteed in the
agreement and hence the legitimate working of the business happens.
The business here being multilingual may deal with a ton of issues and consequently it is
fundamental for it that every one of the units of regulation should be obviously laid before it so no
legitimate issues it needs to look while entering the business in UK. The agreement entered by this
business ought to be one including the be-all ans end-every one of the exchanges it must work on
during the working.
Reference List
Charlson, J., 2020. Briefing: Brexit and UK construction law: past, present and future. Proceedings
of the Institution of Civil Engineers-Management, Procurement and Law, 174(1), pp.3-6.
Cooper, T. and Kirk, E., 2021. Contract Law. Routledge.
DiMatteo, L.A. and Poncibó, C., 2018. Quandary of smart contracts and remedies: the role of
contract law and self-help remedies. European Review of Private Law, 26(6).
Giles, S.B., Errickson, D. and Márquez-Grant, N., 2022. A retrospective comparative study to
evaluate the reliability of post-mortem interval sources in UK and US medico-legal death
investigations. Science & Justice, 62(2), pp.246-261.
Glazer, A.H., 2021. Building a purposive approach to UK labour law (Doctoral dissertation,
University of Glasgow).
Twigg-Flesner, C., 2022. Who knows what the future holds? The fate of the EU’s acquis in English
Contract Law. The fate of the EU’s acquis in English Contract Law (March 24, 2022).
Christian Twigg-Flesner," Who knows what the future holds.
Varuhas, J.N., 2018. Administrative Law and Rights in the UK House of Lords and Supreme
Court. Forthcoming in P Daly (ed), Apex Courts and the Common Law (University of
Toronto Press 2018), U of Melbourne Legal Studies Research Paper, (779).
White, S., 2021. Brexit and the Future of the UK Constitution. International Political
Science Review, p.0192512121995133.
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