Business Law in United Kingdom : Assignment

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1 (NATURE OF LEGAL SYSTEM ON BUSINESSES).............................................1
TASK 1............................................................................................................................................1
Explanation of the legal system in United Kingdom and the difference between civil law and 1
criminal law................................................................................................................................1
Overview of the sources of law in United Kingdom...................................................................2
Explanation on the role of government in law-making and how statutory and common law is.3
applied........................................................................................................................................3
Explanation of the key legislation, regulations and standards that a new business needs to be. 4
aware of......................................................................................................................................4
Analysis of the potential implications of law on a business.......................................................4
Provide a critical reflection of the UK legal system using examples to demonstrate strengths
and...............................................................................................................................................5
weaknesses.................................................................................................................................5
TASK 2............................................................................................................................................5
An introduction to different types and classification of business organisations in both the
public and private sectors............................................................................................................5
A critical evaluation of the advantages and disadvantages of different legal structures.............5
How different organisations are managed and funded in both public and private sectors..........5
SECTION 2 (LEGAL SOLUTIONS TO BUSINESS PROBLEMS).............................................5
Different source of legal advise..................................................................................................7
Effectiveness of legal solutions, legal advise and support..........................................................7
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Business law is simply the law which deals with the process of formation of new business
or either solve the issues which arises within the existing business. It covers the wider area where
variety of laws are included such as tax law, intellectual property, real estate, sales, employment
law and many more (Howells and Wilhelmsson, 2017). Discussing about the assignment, it has
been divided into two parts Section 1 & Section 2. In first section, there will explanation about
legal system of UK, overview of sources of law, duty of government. Also, there will be
discussion about formation of different types of company, there advantage & disadvantages of
formation and main source of their funding. While talking about another section, legal solutions
will be given to the problem which occurs within the business organisation. In second section, all
of the suggestion will be given by legal adviser of Regent Vision Ltd who has been newly
appointed in the company.
SECTION 1 (NATURE OF LEGAL SYSTEM ON BUSINESSES)
TASK 1
Explanation of the legal system in United Kingdom and the difference between civil law and
criminal law.
English legal system is one of the most power law system in the world. Here, it is found
that decisions are not biased and even every gets the right to put up there point in front of
representative of legal system or parliament house. As, there is separate department in most of the
country to form the law but in case of UK all of the decisions are being implemented by House of
Parliament. As per the laws and regulations, they are the most powerful body in there country
where no one has the right to speak that the decision which has been taken by them is not correct
or it can create issues for any of the business organisation (Beatty, Samuelson and Abril, 2018).
In context of business organisation, the main law which is needed to be followed by every
business organisation is Companies Act, 2006 where every single guidelines are written which
helps to take each and every decisions in systematic manner.
UK legal system is mainly based on two different laws such as Civil law and criminal
law. While discussing about Civil law, it can be explained as the law in which any of the offence
will be bailable. Here, people mainly perform unlawful activity for the purpose of personal
1

benefit and which they are needed to understand that it is not allowed in any of the case. In most
of the situation, any of the case which is filed against business organisation, it is entertained as
civil wrong. While talking about criminal law, it is one of the most non bailable offence where
any of the person who has been found guilty are punished. This types of offences are mainly
entertained within the different level of court (Cameron and Pagnattaro, 2017). As, there are
number of situation where civil cases can be solved outside the court but when it comes to
criminal offence it can be sorted without taking the help of court proceedings.
Overview of the sources of law in United Kingdom.
Law in any of the country cannot be formed if different sources are not available because
formation of law should be done according to the requirement of situation. In context of Great
Britain, it covers large geographical area which indicates that various sources should be their if
proper rules and regulations are needed to be formed. For the purpose of understanding about the
available sources of UK, it has been explained in different paragraph form.
Act of Parliament is one of the important source of UK because laws and regulations
which are formed in it are based on the required to situation. Whenever they commence any of
the law, they follow each and every steps of law making process which confirms that those laws
are helpful and effective too.
European Court is also of the main source for the process of forming law within UK.
They have the rights to commence laws and regulations for all of those nations which have
agreed in the treaty of European Union. Before the exit of Brixit, it was found that almost more
than half of the laws within United Kingdom has been commenced by European Court. The laws
which are commenced by European Court should be followed by everyone (Crane, Matten,
Glozer and Spence, 2019).
Common law are those laws which are helpful for United Kingdom because it gives
additional advantage to premisses of court to take their decision of own in those situation where
laws have been not commenced. Most of their laws which has been formed under common law is
in that condition where some of the serious issues has raised.
International Court is one of the body of United Nations which commences law and
those laws are applicable for each and every court. Some of the main laws which has been
commenced by them are related to International boundaries law, Peace maintaining related laws
and many more.
2

Explanation on the role of government in law-making and how statutory and common law is
applied.
Any of the ruling government plays the crucial part in forming law and regulation because
they are the one who watch the situation and judges that what ca be the possible solutions.
Government within Parliament House has been divided into two different parts and they are
House of Common and House of Lords. Whenever political parties form the bill they are required
to do discussion at different level. For the purpose of making new law or act, firstly it is
necessary to understand that bill should be drafted for first reading where member has the duty
to give suitable title which can help to describe the topic. After conducting first reading
successfully, it is necessary that it is to be presented for second reading in which member are
needed to do general discussion on the points of bill. In Committee stage, members have the
responsibilities to evaluate each and every points which has been passed under second reading. It
is done because to check all those points where changes are required (Cameron, 2017). Then
after, they send the bill for report stage. In report stage, changes are to done on those points
which committee stage thinks that it might create issues in future.
After conducting all of this round successfully, it becomes important that bill is to be
presented for third reading in which member try to find that how many members are in favour
and how many of them are in against of it. Whole of this process is conducted by taking the help
of voting system. To pass the bill further, more then half of the member are needed to agree on
the bill. Once whole of this process conduct in House of Common all of the steps are needed to
be conducted again within House of Lords and final decision is to be taken by them. Finally, this
bill is further send to Queen for the purpose of obtaining Royal Assent.
Statutory law and common law both have significant importance in the eyes of law
because they both helps justice court to declare their decision whenever any of the situation
arises. While discussion about statutory law, it is one of the most important law because it in this
proper description about each and every sections are done specifically with remedies if any of
them breaches it. So due to which justice court gets the advantage to find the exact reason of
default and according to that sections and remedies can be applied (De Padirac, 2018). This is
how statutory law is applied within justice court. In case of applying common law to justice
court, it is said that there are number of situation where member of parliament do not commences
3

law as they doesn't have the assumption that it is important. By looking at this situation, it
becomes important for judges to commence the law under common law before declaring their
decision. This is how common laws applies within justice court.
Explanation of the key legislation, regulations and standards that a new business needs to be
aware of.
In context of business organisation, legislation, regulations and standards play the crucial
role and they are needed to be followed as per the given outlines. Legislation are the laws which
has been commenced by House of Parliament. It is helpful for new business organisation at the
time of formation because it tells that how company can be formed (Epstein, 2018). Secondly,
regulations are formed according to the requirement of situation which mean that business need
to be aware that whenever they takes any of the decision, they must try to understand there
decisions are based on regulations. Finally, when it comes to standards, it is very important for
business organisation that there standard should be maintained within the market sustaining
within the market for longer period of time. For example: company should not decrease the
quality of there product within the market else they will have to suffer for attaining there personal
goal.
Analysis of the potential implications of law on a business.
Contract law is simply explained as the promise which is enforced by legislation. This
types of promises are mainly done for doing something or making someone for doing something.
Contract law is very important for business organisation because it helps them to determine that
what they are needed to do and how they are needed to take any of the decision. The potential
impact of contract law is that it doesn't allow any of the contract party to breach their terms and
condition and if they doesn't perform it then they are legally penalised for it.
Copyright law is explained as the form of protection which is given by law to the
original authors who have developed the idea. It is very important for business organisation
because it tells them that any of the copyrights which has been taken by them is not allowed to be
taken by other organisation (Lee, 2017). It is applied within business organisation where they
have their own creation and if any of the person wants to work on same brand of product then
they are required to take prior permission.
4

Employment law is one of the most important law for securing the relation of employer
and employees. This law is applicable on business organisation from the first day of its
incorporation. It has huge potential impact on business organisation as it tells that what types of
relation should be there between employer and employee. It ensures that empolyees are getting
the wages as per the wages law and even employees are working as per the requirement of law or
not which helps to accomplish the goals of an organisation.
Provide a critical reflection of the UK legal system using examples to demonstrate strengths and
weaknesses
UK legal system is one of the most developed legal law in the world as each and every
bill and laws are being checked number of time before applying it. It is one of the main strength
of it. While talking about its strength, there are number of benefits is available such as it is stable
and do not changes in frequent manner due to which decision making ability becomes easier
(Lordkipanidze, 2018). When it comes to weaknesses, although they are less in number but it can
be found easily such as laws and regulations are very old and it do not changes according to the
requirement of environment.
TASK 2
An introduction to different types and classification of business organisations in both the public
and private sectors
Covered in PPT
A critical evaluation of the advantages and disadvantages of different legal structures
Covered in PPT
How different organisations are managed and funded in both public and private sectors.
Covered in PPT
SECTION 2 (LEGAL SOLUTIONS TO BUSINESS PROBLEMS)
Legal solutions for resolving disputes
a) Explanatory Memorandum
Explanatory Memorandum for legal requirement under
Health and Safety Act 1974
5

The main purpose of this memorandum is to create a legislative framework to give effect
to Occupational Health and Safety Act, 1974 in the organisation. General principles that
governed workplace safety of employees is provided in this act. Section 1 of the act specifies
reasons for which this act is established and how these objectives will help in securing heath of
employees while working for business (Mayss and Reed, 2018). Regent Vision LTD is taking
all the required steps for fulfilling health and safety requirements in the business. These steps
must be in the consideration of employees as all employees have right to know regarding how
much a business is concerned about their employees. For Health and Safety of employees
training to work on machineries is provided at the time of joining through this step chances of
accidents are minimised. Proper drinking water facility is provided to secure good health of
employees. Workplace of Regent Vision LTD is designed in such manner that proper
ventilation is their and at the time of uncertain events movement of employees out of premises
can take place. Managers are appointed at each level to look after the measures taken for health
and safety at workplace. All the provisions that are required as per the act to maintain good
health and safety are taken appropriately by the company.
b)
Charlotte is employed as an accounts Clark in the finance department of Regent Vision
LTD. She has been asked by one of her friend who owns a business to manage bookkeeping in
her spare time. Now the issue is concern whether Charlotte can involved in both the jobs or not.
As per employment act terms and condition of employment contract is guided as per regulations
mentioned in the contract (Scheuerman, 2017). No employee as per the contract is allowed to
hold two jobs when the employment contract specifies that this is a full time job and in no
situation Charlotte is allowed to perform any work related to finance outside the organisation.
This term of the contract will prohibit her to work for her friend or any other individual in the
organisation. In the given case there is no specific information is provided regarding terms and
condition of employment. As it is assumed that no contract is entered by Charlotte and Regent
Vision LTD for not performing any employment outside the organisation. This gives Charlotte
free opportunity to work for her friend in her spare time or for any other individual and company
to perform work as per employment law (Snyder and Maslow, 2018).
c)
6

In this case Nicholas Jakcob an electrician married with two adult children lived and
worked all his life in Newcastle. He was working with Regent Vision LTD since last three years
in Newcastle branch. Now, due to destructing of the company this branch will be closed and he is
offered a job in London by the company. The issue will be resolved through rules and regulations
of business law and employment law. As per employment law no company is allowed to remove
its employees form the job without a prior notice as if they do so this will become a case of unfair
dismissal. In the present case Nicholas Jakcob was removed fom the job because the branch in
which he was performing will be closed soon and despite of this he is offered a job in London.
When a new job is offered by the company to existing employee at another location then this will
not be considered as an unfair dismissal. Refusal for accepting job at different location will not
create any legal obligation against Nicholas Jakcob (Siems, 2018). Neither company can force
him to accept the job. Nicholas Jakcob when not accept the offer made tby the company for a job
in London will lead to make him resign or automatically he will not be an employee of Regent
Vision LTD. As per business law company is not liable to make compensation in any form as
Regent Vision LTD has no default in the whole case scenario.
Different source of legal advise
Business is operated with performing various activities and that involves number of
transactions to be made. Involvement of more and more individuals or group of persons in a
business leads to creation of disputes due to difference of opinion or for other matters. To resolve
disputes different approaches can be used and the best suitable among them is implemented. One
of the most common used source of legal advise is through courts established in the legal system
of the country to resolve disputes (Wachter and Mittelstadt, 2019). To avoid legal complications
Alternative Dispute Resolution is used which consist of four methods to solve an issue. Selecting
any of the alternative to resolve the dispute suitable for the case is done.
Effectiveness of legal solutions, legal advise and support
Legal solutions that are provided through Alternative Dispute Resolution is quite effective
as best suitable options for both the parties involved in the case is provided as per the case. Laws
that are applicable on the case are considered for providing and decision is binding on both the
parties involved (Allen, 2017). Legal advise to a dispute is provided through laws that are
implicated in the legislative system of the country or through previous cases that has already
held. Solutions that are provided through dispute resolution are fair and quick and resolving
7

disputes through this method will help in removing burden from courts to solve each small and
big issue.
8

CONCLUSION
From the above project report it has been concluded that judicial system in the country is
important for implication of various forms of laws. Development of these laws has taken place
over the years and they are derived through different source. Government of the nation plays in
formation and implementation of judicial system in the country. Business law helps in formation
and guiding all forms of businesses that are established in the country and helps them in
establishing legal existence. To operate efficiently together with business law several other laws
such as company law, employment law, copyright law and contract law is followed. Disputes in
business are resolved through courts or through Alternative Dispute Resolution which ever is best
suitable for the parties.
9

REFERENCES
Books & Journals
Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2018. Business law and the legal environment.
Cengage Learning.
Cameron, E. A. and Pagnattaro, M.A., 2017. Beyond millennials: engaging generation Z in
business law classes. J. Legal Stud. Educ.. 34. p.317.
Cameron, P., 2017. International energy investment law: the pursuit of stability. OUP Catalogue.
Crane, A., Matten, D., Glozer, S. and Spence, L., 2019. Business ethics: Managing corporate
citizenship and sustainability in the age of globalization. Oxford University Press.
De Padirac, B., 2018. The international dimensions of cyberspace law. Routledge.
Epstein, R .A., 2018. A Common Law for the First Amendment. Harv. JL & Pub. Pol'y. 41. p.1.
Lee, R., 2017. White-collar criminal: the offender in business and the professions. Routledge.
Lordkipanidze, R., 2018. Dialectics to understanding of International competition: for
fundamentals and practice of business and public law.
Mayss, A. and Reed, A., 2018. European Business Litigation. Routledge.
Scheuerman, W. E., 2017. Economic Globalization and the Rule of Law 1. In Constitutionalism
and Democracy (pp. 437-460). Routledge.
Siems, M., 2018. Comparative law. Cambridge University Press.
Snyder, D. V. and Maslow, S., 2018. Human Rights Protections in International Supply Chains
—Protecting Workers and Managing Company Risk: 2018 Report and Model Contract
Clauses from the Working Group to Draft Human Rights Protections in International
Supply Contracts, ABA Section of Business Law.
Wachter, S. and Mittelstadt, B., 2019. A right to reasonable inferences: re-thinking data
protection law in the age of big data and AI. Columbia Business Law Review.
Allen, W. T., 2017. Our schizophrenic conception of the business corporation. In Corporate
Governance (pp. 79-99). Gower.
Howells, G. G. and Wilhelmsson, T., 2017. EC consumer law. Routledge.
10