Business Laws & Ethics Assignment

Business Laws and Ethics
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Introduction
Law refers to the systems of rules and regulation imposed and enforced by governmental
institutions for regulating the conduct of individuals and different organizations. It is considered
as the art and science of justice. In this essay, roles of different organs of government such as the
executive, the judiciary, and the legislature will be described. The limitations imposed by courts
and the remedy of specific performance of the courts will be explained. Differences between a
company and a general partnership in perspective of limited ability and legal personality will
also be discussed in this essay. The ways of dismissing an employee in perspective of ethical
issues and laws will also be discussed.

Discussion of the Roles of Different Organs of Government
Different organs of government are established in accordance with the concept of separation of
powers. The government of different states traditionally divides the powers into three main
branches of governmental organs with ensuring independent and separation of responsibilities
and powers. The government of United Kingdom also applies the concept and divides the
powers and responsibilities into three organs of the government such as executive, judiciary, and
legislature (Kelly el at, 2018). The roles of those governmental organs are described in below.
The Executive: The executive organ of the UK government is responsibility for accomplishing
daily administrative activities of the state. The executive branch of the state enforces or executes
the law. In accordance liberal democracy, the legislature makes laws that are interpreted by the
judiciary and the enforcement of laws belongs to the executive branch. The executive organ of
the UK government consists of head of the state, head of the government, defense minister,
foreign minister, interior minister, justice minister, and finance ministers of the government. The
queen of the UK is considered as the head of the state and the prime minister is considered as
head of the government (Abbott el at, 2013). The laws of the UK are enforced by these executive
bodies of the government. They are also authorized to make and enforced executive orders and
executive decrees, and executive bureaucracies.
The Judiciary: The judiciary is considered as the last branch of power in different states. The
branch of judiciary in UK is responsible for interpreting the laws that are made by the legislature.
The judiciary is made up in accordance with the court system where Supreme Court belongs on
top in hierarchy of power. The members of the judiciary branch have a great power. They
interpret the laws and decide what law will be implied in a case. In UK, there is no written
constitution and supreme set of laws that also give more power to the judges (Allison and
Prentice, 2011). For this reason, the Supreme Court considers any case every time if the decision
of court is unfair and the judge is approved and appointed by the bodies or experts who are
outside the judiciary.
The Legislature: The legislature branch of the power of UK is the British Parliament. The
British Parliament is made of the member of the House of Commons who are elected and the

member of House of Lords who are partly elected. Any bill that is passed by the Parliament gains
legitimate power after the approval of the Queen. The role of the parliament that is considered as
the legislature of the UK is to made laws for the state (Abbott el at, 2013). The members of
parliament are also responsible to the court for his actions.
Explanation of the Limitations Imposed by Courts and Remedy of
Specific Performance
There are many limitations that are imposed by courts and different legal remedies that are partly
considered when one party breached the contract. The plaintiff of a case can make lawsuit
against the defendant in case of breaching contract by another party. Monetary remedy
sometimes doesn’t take as a civil remedy. The remedy of specific performance and limitations of
the courts are explained in below.
Specific Performance: Specific remedy refers to the order of the court where the court issues
the order for performing a specific act to a party of the contract. It is commonly seen in contract
of real property in forms of injunctive relief. It is taken as a specialized remedy where the count
doesn’t find any other remedy to compensate another party of the contract. The most familiar
reason for initiating specific performance is the subject of the case or contract is unique. Where
the true amount of money that has damaged is unclear, the specific performance is granted by the
courts (Allison and Prentice, 2011). For example, If Johnson makes contract with Williamson to
buy a house and later Williamson decides to keep the property to him. There is no another house
like the contracted house for selling. It is unique case, court grants specific performance to the
Williamson to accomplish for breaching the contract.
Limitations Imposed by Courts: There are several limitations that are imposed by courts. In the
case of granting specific performance, the court may award good position to the plaintiff for
breaching contract by another party. Sometimes it may not. The plaintiff may not award expected
compensation that are ordered to the defendant. Granting irrational order is also considered as
limitation of court that can be occurred for not having any law relating to the case (Jackson,
2012).

Explanation of Differences between a Company and a General
Partnership
There are many differences between a company and a general partnership. General partnership
has unlimited liability where a company has limited liability in accordance with the value of each
share. A company has own identity that introduces the organization as a person where a general
partnership is introduced in accordance with the name of the owners or a unique name
established by the partners. The differences between a company and a general partnership in
considering different criteria are explained in below.
Legal Personality: A general partnership has limited legal personality. It can’t make lawsuit
against others mentioning its own name and other businesses and individuals can’t also initiate
lawsuit against the partnership. A company is introduced with the own name and the company
can make lawsuit against other businesses and individual mentioning its own name and the other
businesses can also make lawsuit against the company or company name (Cahn and Donald,
2010).
Limited Liability: A company is established with limited liability through dividing the whole
capital into shares. The shareholders are responsible for the amount of share to provide in case of
eliminating the company and paying debt. A general partnership has unlimited liability and the
partners of the partnership business take unlimited risk and responsibility in case paying debt of
the business (Cahn and Donald, 2010).

Ways to Dismiss an Employee Considering Ethical Perspective and
Law
Business organizations need to follow different ethical perspective and laws to dismiss an
employee. Termination of a contract between employers and employees can be fair and unfair in
accordance with the laws and the sometimes legal dismissal can be unethical. The ways of
dismissing an employee considering the ethical and laws perspective are explained in below.
Legal Perspective: The ways of dismissing an employee will be fair if different reasons present
in the case such as a misconducting work and lack of capability to a job present in the case. A
statutory requirement and retirement are fair in accordance with the laws. Redundancy and other
substantial reasons are fair in accordance with laws to dismiss an employee (Emerson, 2016).
Ethical Perspective: Without showing any reasons or problems, the dismissal of an employee is
unethical. If the employer fails to show reason for dismissing an employee, the dismissal will be
unethical. If an employer don’t justify the action that is conducted by an employee, the
procedures of dismissing will also be unethical. To ensure ethical dismissal, employer must show
reasons and justify the reasons. Actual problem needs to show and justify for ensuring ethical
dismissal (Meyer-Galow, 2015).

Conclusion
States enforced laws though formulating rules and regulations prepared by a collective
legislature and enforced by different executive bodies. There are three main organs of
government in different states or countries to ensure the preparation and application of laws. The
executive organ of the UK is responsible for enforcing laws. The judiciary organ is responsible
for interpreting the law where the legislature organ is responsible for making laws. Where the
law is absent in interpreting any case, the courts grant specific performance in case of breaching
contract. Differences between a company and general partnership are explained in this essay.
Ways of dismissing an employee in legal and ethical perspective are also discussed.

References