Business Law: Legal System, Sources, Implications, and Reflection

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
SECTION 1 Nature of legal system on businesses..........................................................................3
TASK 1............................................................................................................................................3
1. An explanation of the legal system in United Kingdom and the difference between civil law
and criminal law..........................................................................................................................3
2. An overview of the sources of law in United Kingdom.
.....................................................................................................................................................4
3. An explanation on the role of government in law-making and how statutory and common
law is
applied.
.....................................................................................................................................................5
4. An explanation of the key legislation, regulations and standards that a new business needs
to be
aware of.
.....................................................................................................................................................6
5. Analysis of the potential implications of law on a business. For example, copyright law,
contract
law, employment law etc.
.....................................................................................................................................................7
6. Provide a critical reflection of the UK legal system using examples to demonstrate
strengths and
weaknesses.................................................................................................................................8
TASK 2............................................................................................................................................8
...................................................................................................................................................11
...................................................................................................................................................20
SECTION 2 Legal solutions to business problems........................................................................22
CONCLUSION..............................................................................................................................24
REFERENCES..............................................................................................................................25

INTRODUCTION
Business Law is the branch of law which does have the responsibility to manage number
of work connected to commercial sector. There is huge importance of business law as it gives
idea and ways that what types of decision are needed to run any of the particular business. There
are number of branch under business law which gives knowledge about different department.
This file is based on different fields which is related to commercial law and regulation. Some of
the topics like law making process, sources of UK law and process of formation of a company
will play significant role within this file. Additionally, different case studies will be solved in it
where recommendation to disputed party will play the most important role in this whole project.
SECTION 1 Nature of legal system on businesses
TASK 1
1. An explanation of the legal system in United Kingdom and the difference between civil law
and criminal law.
The Parliament House of UK is always known for its sovereignty where every plans and
policies are formed and even no one does the question against it. The decisions which are being
taken by the parliament house are non questionable and must be followed (Acemoglu and
Jackson, 2017). Talking about English legal system, it can be easily said that it is the most
developed legal system where work has been delegated to each and every that what they are
required to do and what they must not do in any of the situation. The English legal system has
delegated the power to take any of the decision has been to the House of Parliament where they
will have the maximum power to take any of the decision.
Civil law: The law which have the responsibility to deal with each and every cases which
are of bailable offence is known as civil law. The cases which are mainly discussed under civil
law are related disputes in family, business organisation, theft cases and many more.
Criminal Law: This is one the law which plays crucial for maintaining peace and silence
within the country because it has the power to imposed different penalties upon the person who
perform unlawful activity.
Difference between Civil law and Criminal law
Civil Law Criminal Law

This deals with the cases of dispute between
individuals, organisation etc.
The legal body of law where punishments are
given to the one who is guilt and performed
unethical activities (Antwi and Hamza, 2015).
Cases are to be filed by private party. Government Body files the case in it.
Defendant can be found liable or not liable,
the judge decides this
Defendant is convicted if guilty and acquitted
if not guilty, the jury decide this
The main aim is to deal with the disputes
between individuals and organisation.
The main aim is to make sure that stability
will be maintained within the society.
2. An overview of the sources of law in United Kingdom.
In any of the nation, it is never an easy task to commence any of the law but still it becomes
important to find the relevant sources which can help to commence better law so that chances of
errors and mistakes can be reduced (Burns, Mullet and Bryant, 2016). In the similar form, the
government of UK has given the power to commence any of the law to four different sources
which has been making the work easier and faster. The detail description about the different
sources are explained below:
Act of Parliament: It is the most reliable source of UK, as member of parliament has to
follow the detail procedure to pass any of the law. In this source of law, act is developed or
commenced with the help of different member who are the part of Parliament. House of
Common and House of Lords is needed to do discussion on the proposed bill and afterwords they
takes the final approval from from Queen. They have the power to overrule or change any of the
law as per the requirement of situation which arises in the country.
Common Law: It is also one of the main law within the UK which commences the law.
Under this source, laws are developed by checking the prevision similar form of cases which has
been discussed in any of the part of the world. Laws are commenced in only those situation
where any of the other source have not commenced any of the laws and policies. Common law
has delegated the power to judges of higher level of court to form law which should be based on
the situation which arises in front of them (Cain, McKeon and Solomon, 2017).

European Union Law: This is the source which do commences the laws and regulation
for around 25 countries situated within Europe. This mainly commences the laws and regulations
which are connected to commercial department. Laws are mainly developed in the situation
where number of countries are having similar form of issues but no laws and regulations have
been formed for the better conclusion.
European Convention on Human Rights: It has been also playing the important role
within UK as it do covers the laws and regulations which are related to human rights. It has been
working since very long period of time where they have commenced number of laws and act that
ensures that human rights must be protect (Carroll and Buchholtz, 2014).
These are some of the sources in UK which has been working really well by trying to
commences the suitable laws and policies. This laws are even helping in the commercial sector
to take any of the business decisions.
3. An explanation on the role of government in law-making and how statutory and common law
is
applied.
The task of commencing law is never easy and because of this the parliament house has
passed the law which clearly says that any of the government ruling party must follow the detail
procedure to commence any of the law which has been explained below:
The parliament house has been divided into two parts i.e., House of Commons and House
of Lords. At first, it is the duty of government that they must prepare the bill so that further steps
can be taken that whether bill is correct or not or does it requires any sort of changes or not. The
whole process has been divided into two parts where every steps are needed to be conducted by
both HOC and HOL . When bill is ready, it is needed to be drafted for first reading.
First Reading: This is the primary stage where title is required to be given by the
member which should be based on the points which are written in the bill. After they hand it for
next process.
Second Reading: In this step, it is the duty of the member that they must do the general
discussion on the bill that how the bill is and does it have the strong points which is beneficial
for the betterment of UK or not (Cuervo-Cazurra, 2016).