Business Law Assignment - UK

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BUSINESS LAW

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Table of Contents
INTRODUCTION...........................................................................................................................1
Section 1...........................................................................................................................................1
1) Sources of law.........................................................................................................................1
2) Role of government in law making.........................................................................................2
Section 2...........................................................................................................................................4
Company, employment and contract law has potential impact upon business............................4
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6
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INTRODUCTION
Business law refers to such body of law which is engaged with various rules and
regulation imposed on companies regarding entering into any contract or dealing with other
companies regarding importing or exporting goods and services (Business Law and Regulation,
2019). This report will includes various key sources which is implemented in UK. It future
incudes the role of government in law making and also it is applied to represent justice to parties.
Lastly the report includes the contract, employment and company law reflecting the potential
impact upon business.
Section 1
1) Sources of law
There are major 4 sources of law such as:
Custom: This law runs from the ancient times. As principles of law mainly designed from
the custom and through this perspective new laws are implemented.
European law: This law mainly came into forces by reflecting the condition of the
economic, social and political institution (Routledge.Coulter and Hancké, 2016). They
are mainly imposed on the citizen of UK. By viewing the condition of the country, law
are amended or any new laws are to be enacted.
Common law: It is also known as unwritten law which is mainly based on legal
proceeding and judgement is given according to the previous suits. In this judges refer the
cases from previous judgement and then the decision is given accordingly.
Statue law: This is the written law which is declared by the parliament and also judges
are bound to follow the rules given in the legislation.
The impact upon EU on law making is relation to making any amendment in existing law
which reflects the right of the citizen in UK. Under the European communities Act 1972, they
protect the right of the citizen thus, they save the citizen from committing any civil or criminal
crimes (Routledge-Cavendish.Jones and Sufrin, 2016). Delegated legislation is also termed to be
subordinate legislation as parliament gives power to delegate bodies to make laws under the
certain rules and regulation. They can play under the guidance of parliament and can impose
various laws.
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2) Role of government in law making
A law is enacted once the parliament undergo to bring changes in exiting laws. The draft
is undertaken in respective of determining the changes in UK and than bill is proposed by public
authorises. The draft is to presented before the cabinet minters so that they can rectify the
defects. After getting approval, the draft is further raised to both the houses such as house of
common and house of lords. The bill introduced with the first reading where the title is discussed
and also it further transferred to further stage (Hedley, 2017). The second bill is introduced
where it is discussed through majority and than after removing all the errors and issues, the third
reading is committed. The final approval is given by queen and after her consent the bill was
enacted.
In case of statutory law, they are written laws and thus, they are applied on particular case
(Kraakman, 2017). In case of common laws, they are applied by viewing the previous judgement
and than implement accordingly (Hierarchy of civil courts in England, 2018).
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Illustration 1: Court system of England and Wales
Source: Court System of England and Wales, 2014
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Illustration 2: Hierarchy of Civil Courts in England
Source: Hierarchy of civil courts in England, 2018
Section 2
Company, employment and contract law has potential impact upon business
Contract law: Under the contract act, 1919 the parties enter into the contract must be competent
to handle all the term and condition mentioned in the agreement and they are punishable if they
commit any breach to any of the terms (Davies, 2016).
Employment law: Under the Employment and labour law, 2016, their must be the fair
relationship between the employer and employee. As employee is bound to follow the terms
given by employer and employer in return had to carry duty to take care of their employee.
Company law: Under the Company law, 2006, the impact occurs in respect of facing changes in
government norms (Bayern and et.al., 2017). As company makes budgets according to the set
instruction and if government impose any new taxes it affect the company at large scale.
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In case of Pimlico Plumber V Mr. Smith, the issue arises is respect of termination from
the job where Mr. claims that he is the employer of the company and they had no right to
terminate him from the job.
The effectiveness of recent reforms arises in respect of following the rules of
employment law, As company is bound to take care of Mr. Smith as he is half paralysed and
cannot commit task and on the other hand its Mr. Smith duty to not to file suit against company
as this affects the reputation in market.
CONCLUSION
From the above report it is concluded that Business law is mainly imposed on companies
so that they work according to the set norms and standards. Sources of law is mainly designed so
that civil and criminal matters are identifies and judgement are to be made accordingly. Contract,
company and employment law are imposed so that parties act within the government rules and
also it bring positive impact on business if they are followed on right manner.
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REFERENCES
Books and Journals
Bayern, S. and et.al., 2017. Company law and autonomous systems: a blueprint for lawyers,
entrepreneurs, and regulators. Hastings Sci. & Tech. LJ. 9. p.135.
Davies, P. W., 2016. Current issues in business ethics.
Hedley, S., 2017. The Law of Electronic Commerce and the Internet in the UK and Ireland.
Kraakman, R., 2017. The anatomy of corporate law: A comparative and functional approach.
Oxford University Press.
Routledge-Cavendish.Jones, A. and Sufrin, B., 2016. EU competition law: text, cases, and
materials. oxford university Press.
Routledge.Coulter, S. and Hancké, B., 2016. A bonfire of the regulations, or business as usual?
The UK labour market and the political economy of Brexit. The Political Quarterly. 87(2).
pp.148-156.
Online
Business Law and Regulation. 2019. [Online]. Available through:
<https://www.icaew.com/library/subject-gateways/law/business-law-and-regulation>.
Hierarchy of civil courts in England. 2018. [Online]. Available through:
<https://www.hierarchystructure.com/hierarchy-of-civil-courts-in-england/>.
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