Business Law Various Sources Assignment
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Added on 2020-10-23
Business Law Various Sources Assignment
Added on 2020-10-23
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BUSINESS LAW
Table of ContentsINRODUCTION .............................................................................................................................4SECTION 1......................................................................................................................................4TASK 1............................................................................................................................................4Discussion on the point ‘Parliament is sovereign’ with various sources of UK law..................4Explain the major role of government in law making process and how statutory and commonlaw are applied in the justice courts............................................................................................6Illustrate how company, employment and contract law has a potential impact upon businessorganisation.................................................................................................................................8TASK 2............................................................................................................................................8Formation of different types of business organisation................................................................8Advantages and disadvantages of unincorporated and incorporated business with its differencebetween in terms of starting process. .......................................................................................103. What are the advantages and disadvantages of company over partnership firm..................10SECTION 2....................................................................................................................................11Solve Disputes with Appropriate Case Laws & Legal Solution....................................................11CASE 1......................................................................................................................................11CASE 2......................................................................................................................................12CONCLUSION..............................................................................................................................14.......................................................................................................................................................14REFERENCES..............................................................................................................................15
INTRODUCTIONBusiness law can be expressed as the law which manages all those activities which arerelated with various organisation. The main motto of this law is to provide guidelines that howcompany can work in a systematic manner (Bishara and Westermann‐Behaylo, 2012). It hasbeen playing very crucial role since this law was enforceable. There are number of branchesunder its roof which is beneficial for taking business decision. The major branches of businesslaw are company, contract, employment, intellectual property law etc. These all branches haveits own roles and responsibilities on daily basis. It is one of those file where there will be complete information regarding the majorsources of UK law and how it has been very crucial for maintaining rules and regulation withinits territory. This report will also tell why parliament is sovereign. Even, there will be detailinformation regarding incorporation process of various organisation. Also, different types of casestudies are solved in this which will help to enhance the capacity to solving similar cases.SECTION 1TASK 1Discus the meaning of the statement 'Parliament is sovereign' and discuss the various sources ofUK Laws.'Parliament is Sovereign' can be defined as the body of government which have thesupreme authority to prepare any kind of law in UK. They have such level of power that now canchallenge them because this has been written in law since 13th century. Then have such kind ofauthorities where supreme court can also cannot amend the laws which have been passed bythem. They make the laws by looking at the situation of four different nations and they areEngland, Scotland, Wales and Northern Ireland. In UK, there is a two part of parliament such asHouse of Lords and House of Commons. The final approval is need to be obtained by House ofLords (Burley, 2017). The decision once declared by Parliament cannot be changed by anyone.Only they themselves can do that. The season of parliament starts when speech of Queen is delivered in the month ofOctober and November. The main role in preparing the speech of queen is done by PrimeMinister. The session of parliament always starts after the speech of Queen. The main aim of the
speech is related with the agenda which is prepared for calendar year. The speech is suchpowerful that even single party doesn't to prepare their program before it. At present, there are various source of UK law and among that four of them plays thecrucial role while making it. The main aim of making strict laws is that no one can break theregulation which can be very important to maintain peace and silence within its territory. Themajor sources of law in UK are legislation, common law, European Convention on HumanRights and European Union Law (Grace and Cohen, 2013). Legislation is one of the major source in UK for making law. The responsibilities ofmaking legislation is in the hands of Parliament which is situated in London. It has a lengthyprocess which need to be followed by every members of parliament. Here, the approval of Queenis mandatory to enforce any new law as per the law which has been be written under RoyalAscent Act, 1961. Here, rights and duties are delegated to the member of House of Commonwho are elected through the process of general election which is conducted in every five year. Common Law is one of those body of government which makes enforce new laws within the boundary of UK. The main role is being played by the judges of different level of courts.The condition to constitute any new law under common law arise which legislation is completelysilent and doesn't provide its opinion. The authorised panel have the opportunity to take helpfrom the cases of other countries as well where similarities are found. It is compulsory for everypeople to follow the law which have been enforced by common law although it do have a natureto sustain for longer period of time. It can be amended at any period of time as per therequirement. As per the rules and regulation of legislation it is said that if anyone is notfollowing the rules of common law then harsh action can be taken by authorised authority(Hanrahan, Ramsay and Stapledon, 2013). European Union Law (EU) is the major law which is prepare most of the laws for UK.Its main aim is to provide extra security to the people of UK and all those nation who are itsmember. It is said that the laws which have been proposed by EU cannot be amended by evenParliament. It is compulsory for everyone to the guidelines of EU law as it have its own way ofdeclaring punishment. It is one of those law in UK which have provided the rights to everycommon people to vote in election which is held in the time gap of 5 years. The MPs are selectedin that election who represent the House of Parliament.
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