Business Law and Its Application

This assignment delves into the fundamental principles of business law, examining topics such as contract formation, ethical considerations in business, and the influence of international law on commercial activities. It requires students to analyze various legal concepts and their practical implications for businesses. The provided resources include academic articles, textbooks, and online materials that offer a comprehensive understanding of business law.

Business law

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of English legal system and various sources of laws that organization comply
with..............................................................................................................................................1
P2 Role of government in law-making and way of applying statutory and common law in
justice..........................................................................................................................................3
SECTION 2......................................................................................................................................4
P3 (a) Employers legal obligation...............................................................................................4
(b) Impact of employment and contract law upon business........................................................5
SECTION 3......................................................................................................................................6
P4 Legal solutions for business problems...................................................................................6
P5 Justifications for legal answers..............................................................................................7
SECTION 4......................................................................................................................................7
P6(a) Concept and benefit of using alternative dispute resolution process................................7
(b) Recommendation of alternative legal solutions for existing business problems...................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Commercial law consist of mandatory norms, rules and regulations which is enacted or
governed by legal authority for protecting the existing business from exploitation. Basically
business law is liable to regulate corporate contracts, hiring practices as well as production of
innovative goods for consumer. This report is going to classified into four different parts for
highlighting useful amendments enacted by governing bodies and applied by organization to
solve their existing business problems (Cheeseman and Garvey, 2014). First of all its going to
show the structure of English legal system as well as eminent role played by government during
law making process by explaining effective method of applying statutory law in justice. Apart
from this while running a particular business an enterprise is going to face many more problems
which must be resolved by commercial law with the use of various legal solutions. Along with
this, it also throw some light on influence of contract and employment law upon business. At last
this assignment explains effective role of a business laws in solving obstacles of an organization.
SECTION 1
P1 Structure of English legal system and various sources of laws that organization comply with
Another name of English legal system is a European legal system which is expanded
across national borders and applied various foreign enterprises to run their business smoothly.
Basically laws are guideline or code of conduct which is implemented by governing bodies and
followed by every small or large organization while carrying its business operations. Therefore
not a single member have right to break it otherwise legal action will be taken against that
individual. Thus every nation have their own legal structures by considering relevant facts and
figures to protect the rights of citizens (Kubasek, Brennan and Browne, 2016). Main motive of
laws is to create a environment free from any discrimination and disparity with execution of a
different impressive policies as well as strategies.
On contrary to this, English legal system is also one of a effective law implemented by
government of U.K for establishing a surrounding free from inequality. In additional, structure of
a English courts has been described in a hierarchical form which is mentioned below :-
 Supreme court:- It is also known as a house of lords and act as a head of this legal
structure which means decisions taken by supreme court is a final. Therefore all other
courts are bind with judgement of superior and it also consider as a highest English court.
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After this, structure of hierarchy is further divided into two parts which is as follows:-
Civil law Criminal law
According to this, statutory bodies are engaged
is solving disputes between private parties such
as buyer and seller, employee and employees ,
or nay other case of suing other party.
This law is enacted to punish offenders for
particular crime which may harm any
individual as well as overall society (Kinicki
and Kreitner, 2012).
Basically it is related with private rights and
remedies.
Whereas this law links with crimes.
Apart from this, sources of law consider as a its origin which shows the birth of various
existing laws for example international, national and regional. Basically this term also define as a
sovereign or a particular state from where it enforce due to some specific reasons. Therefore
there are number of laws are available which have different origin is mentioned below :- Origin of Civil law :- It is enacted by legislative bodies of UK parliament as well as
developed parliaments. Basically this law is mainly consider as a common law based on
principles which was stated in cases over the time period (Bagley and Dauchy, 2011).
2
Il
lustration 1: Hierarchical structure of English court

 Criminal law :- According this, legal authority is only dealing with criminal cases by
setting rules for arrests, investigation, interrogation etc.
P2 Role of government in law-making and way of applying statutory and common law in justice
A bill is a law which was brought into parliament. When charge was talked about and
after that it is endorsed by each House of Parliament and that ought to be gotten by Royal
Assent. The service bodies should make or lead authoritative program as it an arrangement of
Bills and that ought to be ask by Parliament and that ought to be consider in the session. After
that they need to set up a bill and the group ought to do work with the correct coordination by its
arrangement and also section by Parliament. The other key players in the division will be
different authorities which are taking a shot at the bill. It will driving open door for the
approaches in the bill and branches of the lawful advisers. Governing bodies plays a very
eminent role during formulation of laws as well as execution of impressive acts which is adopted
by different organization to run their business smoothly. Members of parliament is responsible
for constructing various laws because they have maximum powers which is used by them to
protect whole nation from exploitation and crime. At the time of enforcing fresh policy first step
is to present the proposal in front of general assembly for acquiring consent of every member of
parliament. After that healthy discussion is going in assembly in which every person have
authority to present their views and opinions towards particular agenda. Thus accurate
information and data is collected by legal bodies for effective decision making process by
resolving all the necessary issues of a specific agenda. Bills ought to be draft the laws begin in
either the House of Lords and in addition House of Commons. They need to set phases of
endorsement in the two Houses so they can closed down by the Queen and turn into an Act of
parliament. In additional at first phase all the essential content is presented on a green paper then
it has been conferred in front of parliament where there is a healthy debate is taking place for
discussing various useful strength and weakness of a particular document (Mann and Roberts,
2011).
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Apart from this an appropriate process is establishing by following proper steps for final
judgement which is mentioned below :-
 First reading :- First and foremost step is to make a Xerox copy of rules for presenting
all the copies in front of law makers which are liable for decision making process. Thus
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Illustration 2: Role of
government

same document is going to discussed with every member who are am part of decisional
procedure. Second reading :- In second phase, draft of a gathered information is further clarified
and defined again for better understanding by all member of parliament. It means parties
which are involved in a discussion must have necessary details about agenda on which
discussion is taking place. Therefore it is essential for keeping the record of a document
for future purpose.
 Committee reading :- After considering all the necessary points decision makers assess
the requirement of a requested act. In this step they need to throw lights on consequences
of a agenda as well as trying to analyse its influence on whole society (Miller, 2015).
 Third stage :- Last and final step is to make conclusion of above discussed plan and
policy for enforcing it by considering various major facts and figures. At last before
implementing act copy of a document has been transferred from one chamber to another
for approval.
 Illustrious consent: In the different places of parliament should concur the different
conclusive substance as well as bills which is endorsed by Queen and while making and
discussing on that this will become law.
 Royal Assent: When in the both the houses both the parties are agree with a final and last
content then this bill will be approved by Queen and then it become law and should be
follow everywhere.
At last it has been understood that governing bodies plays a very vital role in enactment
of a effective acts for protecting whole nation from discrimination.
M1
Legal system plays a very eminent role in recent reform and developments by modifying
their existing laws, norms and beliefs which is adopted by various organization to create a
friendly and healthy environment. Therefore all the necessary rules and regulation is very useful
for present surrounding. Legitimate arrangement of nation comprising of composed or oral
constitution additionally incorporates essential enactment which are sanctioned by administrative
body. It is basic for nations to take after with all standards and directions keeping in mind the
end goal to ensure the privileges of person. Natives of nation are actualizing these frameworks in
viable and reasonable way. Well-working of common equity framework will ensure the privilege
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of all nationals against encroachment of law. These laws will guarantee about the security results
and control the violations. Legitimate instruction will likewise give to individual and at work put
meet open doors are there for representatives at work put.
D1
According to Spalding (2011) English legal system is a systematic law which expanded
across national boundaries. Main motive of this law is to create environment free from any
corruption and exploitation by uplifting whole society.
SECTION 2
P3 (a) Employers legal obligation
There are number of laws which is amended by legal authorities for various organizations
which have a greater impact on a business due to its essential roles and responsibility towards
success of an enterprise (Spalding, 2011). Various legal obligation which is uses by different
companies is mentioned below :-
1. Occupational health and safety :- According to Health and safety act, 1974 law an
organization need to implement various security measures for welfare of the people at
workplace. It means governing bodies is a multidisciplinary field whose main aim is to
protect employees as well as individuals at workplace. Legal authority is mainly
concerned with executing various useful safety measures for creating a healthy and
secure surrounding at administration. Various health institution is implemented by
advisory bodies for example world health organization, international labour organization
etc. Main objectives of these institutions are given as follows :-
 Established useful promotional programmes for improving health of a labours.
 Implementation of positive social climate for enhancing the productivity of an
enterprise.
2. Workers compensation :- According to workers compensation act, 1987 law helps in
maintaining as well as protecting the right of staff members but it replaced by Employer
liability Act, 1880, it is a form of insurance which is responsible to provide replacement
of wage as well as surgical facilities to their workers at the time of any injury (Grundfest,
s2010). Basically legal authorities are implemented various programmes and institutions
whose main aim is to force different enterprises towards compensation of workers.
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Human beings is one of a indispensable resource because all the activities are executed
by them only so it is very important to provide extra benefits to their employees because
compensation is a right of every employer working at a workplace.
3. Harassment :- In this Harassment act, 1997 obligations, legal bodies provides right to
employees for claim organization for any harassment if there is a occurring at workplace.
In legal sense harassment is a negative behaviour which disturbs or threaten any
individuals or workers . It means advisory bodies believes in implementing various plans
and policies for protecting employees from exploitation and discrimination on the basis
of gender , sexual, colour, caste, community etc. Main aim of a government is to provide
equal opportunity for whole society.
4. Equal opportunities :- According to Equal protection Act, 2010 norm various business
need to provide equal chance for every employees working at a workplace. Therefore
useful laws are amended by governing bodies to enforce enterprises towards removal of
discriminatory policies which influence success of a company (Czinkota, Ronkainen and
Moffett, 2011). In simple words government wants to uplift and develop overall society
or nation by executing effective policies.
All these above terms plays a very eminent role in establishing a environment free from
any legal issues or obstacles by enforcing existing business towards adoption of above
mentioned policies.
(b) Impact of employment and contract law upon business
According to given scenario employment and contract law both have a greater impact on
a business because at the time of recruitment and selection of a deserving candidates an
organization need to follow appropriate procedure. Therefore in given case it has been
understood that a girl working for an enterprise is met with accident due to which she is facing
severe pain and damage. It means according to the law company is liable for everything and it is
very indispensable to take strict against this accident by implementing various safety measures
for protecting their existing employees (Bagley, 2010). In the given case there are different acts
which having an adverse impact on the employment. Various acts are Health and safety act, 1974
and Employment protection act. They have to use appropriate equipments for the safety of the
employees and also have to do proper care of that equipment. Appropriate supervision of staff
members needs to be done. They have to identify and analyse that workers in the firm are having
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proper available or they require more. If they require more then they have to recruit more
members.
In legal sense organization is responsible for safeguarding the health of labours at
workplace by making various effective strategies as well as they need to adopt laws of governing
bodies. According to employment and contract law there are number of policies are available
which is mandatory for protecting employees which is mentioned below :-
 Implementation of various safety measures or programmes.
 Appointment of specialised and skilled persons for handling all safety measures.
 Monitoring and reviewing of existing plans and policies.
 Conduct security programmes.
Apart from this, in given scenario it has been understood that after occurrence of incident
an organization is going to take immediate actions for implementing essential and impressive
safety measures for protecting health of employees.
M2
According to above scenario it has been understood that all the rules and regulations or
legislations influence overall environment of a company. In fact in given case study there is a 16
year old girl and she met with an accident at workplace which influence the norms of an
enterprise. Therefore according to law company is liable for all the expenses incurred by girl in
their recovery.
SECTION 3
P4 Legal solutions for business problems
There are different rights which are set up by government. These are the privileges of the
representatives and if any business is firing with no legitimate reason then they can suit against
them.
Date of employment started When an employee can claim
Before 6th April 2012 After completing first year of employment
After 6th April 2012 After 2 years of employment
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According to the business rejection act, 1996 uncalled for expulsion ought to be exhibit
under the segment 96 which depicts the business is expelling and additionally ending any laborer
and also staff part with no reason and that is not substantial.
In given scenario Calvin is a designer working in a large enterprise from last four years which is
a fashion house. Instantly employer of a Calvin arises and he check petty cash box of a company
then he founds that there is a imbalance in it so he thought that Calvin is responsible for this
problem and immediately fire him. According to the law there is a case of unfair dismissal which
means employer of an organization discriminated between Calvin and other three employees
who is working with him (Nichols, 2012). However, in the occasion that end happen, the Calvin
is having fitting to suit against Donna and recover misfortune sum. Misrepresentation Act 1967
is a demonstration which is made by the demonstration of parliament and this will help with
directing the English contract law and additionally out of line enhancement so this is important
for the distortion. It is an expulsion of the specific bars so they can make the retreat for the
blameless portrayal They need to went into contract which is a deception which is turned into a
term of agreement and the agreement ought to be performed in an appropriate way. There are
distinctive kind of distortion incorporates honest, careless, deceitful. For this situation, careless
distortion is a sort which is made by Dan. In legal sense Donna needs to follow some specific
rules and regulation before dismissal process which is mentioned below :-
 Firstly Donna needs to conduct a investigation programmes for collecting corrective
information and data which is used on decision making process.
 After that they need to consider various essential factors for example past recordings,
balance sheet etc.
According to legal authority whenever there is a dismissal of any employees proper steps
must be followed and valid reasons must be given at the time of termination of any employees.
Donna also need to follow appropriate process and applied accurate rules and regulation
amended by government. Apart from this for resolving various problems or obstacles of given
scenario they need to adopt all the essential legal norms, beliefs, laws, rules and regulations
enacted by governing bodies. In given case study Donna needs to apply specific and relevant acts
for resolving various business problems. In any case, as showed by Unfair rejection act, Donna is
not having perfect to end Calvin with having satisfactory reason. If she needs to removed him, by
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then she needs to serve to see period to Calvin. Along these lines, he got approximately a chance
to exhibit him as chaste.
(ii) In second scenario it is observed that due to fire overall store of kelvin father was destroyed
and he has to face severe problem which may influence their financial condition. After that again
he opened a second store without knowing that he have an insurance for same (Di and Matteo,
2010). According to law if there is a fire insurance for any particular property then owner of a
company can easily claim for it. Kelvin father can also claim for there loss if there is no
expiration of insurance policy. But in given scenario owner of a business does not know about
the time period of a their insurance policy due to which they are suffer from a heavy loss which
affect their financial conditions. Apart from this, legal authorities have enacted many more laws
for protecting citizens of a nation from any harmful and dangerous effect. As indicated by the
arrangement of protection act, that individual does not have a particular day and age to recoup
their sum. In any case, on account of Dan, he can request in the court for recouping their sum
which is considered in misfortune. Alongside this it is rely upon the organization that they need
to pay or not. This choice depends on firm.
P5 Justifications for legal answers
Both the case study are different from each other in every extent and different laws or
norms are applied on scenario by considering essential facts and figures. According to first case
study there is a presence of unfair dismissal of an employee without considering essential terms
and conditions. In legal sense it is very essential to follow necessary terms and conditions of
termination as well as valid reasons must be given by company before termination process.
Therefore it has been understood that Calvin is facing a discrimination problem at workplace
which is not correct in the eye of law. In fact management of a company need to give accurate
clarification before dismissing employee (Foss and Knudsen, 2013).
Apart from this, in second case study it has been understood that there is a absence of a
specific duration for claim. It means owner of a store can easily demand for its claim due to
policy of a fire insurance. According to law kelvin father have a right to claim for his loss and
demand their money to recover their loss.
Underneath determine are reason if labourer is terminating from business.
In case agent is used under business contract and administrator is finishing them. There is a
compelled period which has been set aside a few minutes casing and it has been ousted by
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morals of confining event. In the event that business had served the notice time allotment for
cracking of work contract with labourer. In first case, Donna need to serve see period to Calvin.
If she is not doing this, by then possibility of being heard should be allowed to him. In any case,
in the occasion that second, Dan can give created application in court for belligerence the recover
total from protection organization.
Case law, British Home stores ltd v. Burchell, the decision of court held that when
offered was made by affiliation, it was recognized by them. They also found that Burchell had
coordinated unlawful activity in affiliation. Further, supervisor of British home store has in like
manner drove proper examination with the objective that they can show in addition, they had
furthermore finished sensible steps for placing assets into social occasion significant evidence.
M3
Legal solutions have a greater impact on various business problems due to its effective
roles and responsibility towards resolving different- different issues. Therefore they have a
positive and negative impact which is mentioned below :-
 Positive impact :- It act as a useful tool in resolving various issues in a minimum time
period by adopting various acts and laws enacted by legal authority. Basically it creates
equal opportunity for every member working in an enterprise. Major benefit are stated as
follows:-
1. Remove discrimination by implementing equality between every member working
in an organization.
2. Resolve all the issues emerges while working together.
3. Create mutual understanding between higher authority and lower level.
4. Implementation of appropriate communication by sharing views and opinions
between supervisors and subordinates.
5. Protect employees from exploitation and disparity.
 Negative impact:- Legal solutions also affect organization negatively which influence
success of an organization. Many more negative impact are mentioned below :-
1. Strict policy and strategies restrict enterprise while making any decisions.
2. Act as obstacles while trading business across national boundaries.
3. Affect the overall development and growth of economy.
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SECTION 4
P6(a) Concept and benefit of using alternative dispute resolution process
ADR is an appropriate process of resolving conflicts in between various parties with the
help of any third party which act as a mediator in between both parties. It is a legal term which is
very popular for settling disputes for establishing a peaceful environment of a particular
company. Alternative dispute resolution is a very broad concept which is mainly implemented by
government for creating a peaceful surrounding with the help of specialised and experienced
persons.
Arbitration – It is an informal trial process, in which third party hear whole conflict of
both side and then they can make any decision for solving that dispute. But this decision can be
binding or non binding.
Binding and non-binding – A binding is type of ruling in which both the parties are
abiding on the decisions to agree upon that. But on the other side, non binding decision is a type
of ruling in which both parties are not agree and can ignore in choosing any decision.
Arbitrator – It is an impartial person which provide the power to the third party which
assist in resolving the disputes by hearing the issues or obstacles of both parties and then they
have to come with the conclusion.
Apart from this uses of ADR have various benefits which are stated below :- Consumption of minimum timing :- It is an appropriate process which is very useful in
resolving various conflicts in less time period. An organization can easily save their time
by implementing this technique for experiencing a effective outcomes (Snyder and
Deaux, 2012). Healthy negotiation :- With the help of ADR process various social parties for example
business entity, family, relatives may try to create a cooperative negotiation for
maintaining a positive relations. In fact this process is a less formal because dipsutes are
resolved with mutual understanding between parties. Neutrality :- After removing a barriers by using concept of alternative dispute resolution
are provided by third party. According to this, outsider don't have any interest in the
profit of a specific person engaged in a discussion. Therefore it has been understood that
in this concept discrimination are totally avoided and decision are made which is
accepted by both parties or all member existing in a contract.
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 Confidentiality :- It is an effective process in which overall data and information can be
kept secret which is not disclosed in public or court for make judgement. In fact all the
proceedings are stored for future use for best solution.
 Flexible consequences :- ADR is a method in which both the parties are interact face to
face for clearing every single points of confusion. In fact it is a flexible methodology for
reaching to results (Kitagawa, 2016).
All the above points proves effective role of alternative disputes solutions as well as
helpful in implementing healthy surroundings.
(b) Recommendation of alternative legal solutions for existing business problems
According to given case study it has been understood that there is a emergence of dispute
and conflict in between Antwon and Tyrell because they are doing business together for longer
period of time. It has been suggested that an organization need to adopt various alternative
solutions for resolving their disputes between both partners. ADR is an appropriate methodology
of settling conflicts of both parties by using various techniques of this method which is
mentioned below :-
 Establish a healthy negotiations between partners for removing barriers of
misunderstanding of parties.
 Presence of third party whose act as mediator between them and trying to clear all the
essential points.
 Information is secure and does not disclose in front of court (Kitagawa, 2016)1.
Apart from this, ADR is very much useful for resolving various issues and problems
between both the partners working together.
With reference to the given case situation, it can be noticed that Antwon has claimed a
bigger capital arranged extensive speculation firm. He has a war of words with Tyrell who was
the proprietor of that specific organization and furthermore considered mindful to make
programming to make showcase forecasts. The question have gone for half a month, yet the
gatherings were not ready to shape a remedial and powerful choice. Additionally, the gatherings
to the agreement were burning of making and marinating successful relationship.
For this situation law one might say that in setting of USA, there is another demonstration
or enactment which can be identified with Alternate Dispute Resolution. It is comprising of a
term to be specific discretion and placation which can be connected with deference of debate
13

determination. In this light, with reference to specified case, question amongst Antwon and
Tyrell can be settled by a technique that is Arbitration and Conciliation. Besides, it is a procedure
in which parties alludes case to a tribunal of judges, contains at least one tribunals. In this idea
they are bound by the choice given by judge, which is known as Arbitration grant.
M4
Both the cases are interrelated with each other due to their roles and duties towards
particular scenario. It means in first case concept of alternative dispute resolution process is very
much effective in resolving various problems and conflicts by considering all the legal terms and
conditions. By comparing both the recommendation it has been understood that all the business
problems are solved by using legal laws and acts. Antwon and Tyrell both of them are business
partners and facing various issues which affect image of their enterprise.
CONCLUSION
From the above report it has been understood that commercial law is very much
indispensable for resolving a problems which might be occurred while running a business. In fact
this assignment consist of various useful or necessary norms, beliefs, laws, rules and regulations
amended by legal authority. This report is mainly highlighted the effective role of English legal
system as well as also shows hierarchical structure of theses law for smooth running of overall
enterprises. Apart from this it also covers various legal obligation which is used by business for
creating a equality as well as provide equal opportunity to every employees by considering
various facts and figures. At last, government plays a very eminent role in making a law and
implement measure policies for resolving various business problems of a particular organization.
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