Business Law and ADR in Contract and Employment

This assignment discusses the essential role of business law in effective operations, including wrongful, fair, and unfair dismissal. It also covers Alternative Dispute Resolution (ADR) methods that promote settlement between parties. Case laws related to contract and employment law are examined, highlighting the parliament's role in shaping laws in the country.

BUSINESS LAWS

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK-1............................................................................................................................................1
P1 Different sources of law that organisation must comply with...............................................1
P2 Role of the government in law making and how the statutory and common law is applied
under the justice courts................................................................................................................2
M1 The effectiveness of the legal system ..................................................................................3
TASK-2............................................................................................................................................3
P3 Provide the advice under different case scenarios.................................................................3
M2 Analyse the potential impacts ..............................................................................................6
TASK-3............................................................................................................................................6
P4 Legal solution ........................................................................................................................6
P5 Justifications for the use of appropriate legal solutions.........................................................7
M3 Positive and negative impacts of legal solutions to business problems...............................7
TASK-4............................................................................................................................................8
P6 Legal Rights of AFG oil company.........................................................................................8
M4 Compare and contrast the effectiveness ..............................................................................9
CONCLUSIONS ............................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
There is a great importance of business law under business because without the knowledge of
law it is difficult for the business to conduct its operations. The business can't ignore such factors
otherwise it is impossible for the business to perform its activity and its activities are also
adversely affected. It is better for the business to apply the business law and seek the expert
advice from accountants and attorney because they provide the best possible advices and also
take necessary steps to protect the business(Stemler,2013). Different business are there have to
follow down different laws and those laws which are most suitable for business and also helps
them to conduct their operations and make their activity meaningful. The present report is based
on Stuart and little LLP a reputed law firm which are situated in London. This report also covers
the different sources of law the organisations complies with, role of government in implementing
the laws and legal solutions for a range of business problems and legal solutions based upon
different countries legal system.
TASK-1
P1 Different sources of law that organisation must comply with.
The different sources laws are there and it is important for the organisation to comply those laws
while conducting their operations and they are as follows:
 Legislation or statutory law:It is law that created by a legislature of the country. The
law which comes from legislature are the acts of parliament. The changes and
amendments can be done by parliament only. It also involves article and sections and
whatever the section applied and article covers that is mandatory for all the people and
business to follow such while performing their functions and operations and is also says
that the certain rights of people are involve which cannot be restrained by anyone because
they are their essential rights(Robson, 2015). The legislature delegates the powers related
to law making to the local bodies and authorities. In UK, the legislation also includes
statutory rights, council orders and bye laws. The legislature given authority to the courts
regarding interpretation of statues, treaties and local customs.
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 Common law:The legal system under the UK is based on common law and the decision
making powers are in the hands of senior appellate and there decision are to be
considered as a law part.
 European union law:The UK is considered as a member state of the European Union
that means the European law is precedes as compared to UK law.
 Convention on human rights:It is considered as a member state of the Europe Council
and it enables down all the courts under UK to protect the rights which made identified
under European Convention On Human Rights(Law, Buhalis and Cobanoglu,2014).
P2 Role of the government in law making and how the statutory and common law is applied
under the justice courts
The process that been followed during the passing of bill are as follows:
 Bill:The first the bill is drafted and proposal is made and submitted as per requirements
of the bill. The certain explanation covers under the bill and it is in form of public,
private and private members bill. The private bill made an impact on particular person or
community and it is the essential responsibility of MP to prepared such bill. The public
bill made down an impact on larger number of individuals and it is the responsibility of
cabinet to prepared such bill(Allen and Kraakman, 2016). Some of them are Constitution
reform act,2005 and Criminal justice act,2003 and so on.
 Reading firstly:It is first step in the process related to law formation and firstly the bill is
reading and organised under the House Of Commons.
 Second reading:The debate is conducted regarding its assessment and feasibility is also
tested and the amendments of the bill is based according to the conclusion. Afterwards,
the voting is conducted in favour of that bills and that decide whether the bill is passed or
not.
 Committee stage:The detail examination and testing is conducted in favour of so called
bill and it will be conducted by members of house of commons to check and to assess its
criteria or fulfilment for which it comes.
 Third reading:It is made by the hose of commons and presented the amend bill in whose
favour the voting is conducted in past to check it acceptance and rejection.
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 House of lords:In this step the house of lords review down the bill and again it sent them
to House Of Commons.
 Royal Ascent:It is the final process, when all the conditions regarding the bill is fulfilled
and it is passed then such bill become the law and it will depend upon the parliament to
accept or to reject such bill.
M1 The effectiveness of the legal system
There is a great effectiveness of legal system because on the basis of that the law is implemented
by the country and the parliament plays down an essential role because when all the
requirements are bee completed and fulfilled then it depends upon the parliament to accept or
reject and whatever the decision are made by them is essentially based according to the people,
communities and country so that everyone will get satisfaction and no one will be affected and
every on follows their responsibilities and carried their work properly in making the law
successful(Posner, 2014).
TASK-2
P3 Provide the advice under different case scenarios
1.Collins and David's step and the other legal consideration to be taken care of by them
There been always restriction that the use of the name of the same business or organisations
which already been in existence. The proper guidance to be taken and to care the name while
using and it is been made as decide by the government and registrar regarding the name of the
particular organisation(Melvin,2014). This is very easy is for the people to recognise and
understanding the functions of the organisation and will not arise any problem while dealing or
to create any relationship with them and identification can be done easier regarding the
organisation which performing their operations under UK. The rules and regulations are to be
followed as per the guidelines related to name and they are:
 The UK government did not allow the same name to any new enterprises which are going
to start their functions as per the name which they already gave to the existing enterprises
regarding the same activity.
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 While providing name the government do not considered any misshapen and any
fraudulent information which provided by company for taking down name and
registration certificate from the government and registrar.
 The information and details which provided by company must be true and must not
mislead any information.
 When company applying for the name to the government, it is essential for them to tell
about their operations which they are going to conduct and also tells that they come into
the market for conducting limited operation's and functions and vice versa. On that basis
the government registered their name and their operations and provide a certificate to the
business in terms of limited and unlimited and it is essential for the company to use such
word as suffix.i.e., if they are private limited then it is essential used down the private
limited and if it is public company then they use down limited only.
 The name should be clear and easily identifiable to anyone and does not create any
confusion and it should be according to the company business and operations in which
they are going to conduct and does not affect the goodwill of other existing
company(Martin, 2015).
 The company is with same name already exist then it is essentially important that their
business operations would be different ten only the same name is given to other because
the same name two company made not involved under the same operations.
 It is important for the company to follow all such rules otherwise in case of no following
the penalties may be imposed and strict actions to be taken by government.
2.Rights carried by Sophia for employment under firm
It is essential for the company to consider out all the conditions before dismissing or to terminate
the employees as per according to the employment contract that e made in the past. The certain
rules and regulations are prepared by government in favour of this and it is vital for the business
to follow all such rules and implement it to conduct their business activities successful. The three
rules that are been discussed as per according to the employment contract are as follows:
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 It is important for the employee to follow their duties with the great responsibilities and
authorities under the organisation and follow each and every rules regarding their entry
and exit and if he violated such rules and conduct any fraudulent and not obeying down
the management, then In such case the organisation dismissing such employee as per the
employment contract.
 Whatever the job is assigned by the employees it is essential for them to perform and if
he disallowed that then in such case he can be dismissed by his employer.
 If employee is not coming on time, not following down the attendance and non coming
rules, not following the rules regarding the entry and exit and taking leave without
informing, then in such case the employer terminate such employees as per the contract
terms and conditions.
The employer can terminate their employee on the basis of such conditions only and he can not
dismiss them on the basis of unnecessary conditions and in such case employee have a right to
take action against employer(Bowie, 2017). The three conditions namely:
 Unfair dismissal:The employer cannot dismissed his employee on the basis on unfair or
unnecessary conditions.
 Constructive dismissal:If employer forces and threaten their employee to give
resignation then in such case the employee is held liable to take action against them.
Without informing or giving notice to employee regarding rejection and e is terminated
then in such case employee can take action against that employer under the court.
 Wrongful dismissal:If wrongfully dismiss them and dismiss employee without
appropriate notice or without been informing then in such case employee are held liable
to take action against them under employment court.
In such case Sophia misconducted under the office and is dismissed by employer and dismissal is
made without giving appropriate notice to them and dismissed can be done because due to
continuous absence from the workplace. Se also issued fake medical certificate and handed to
employer regarding his illness. When, employee get information he dismissed Sophia and that
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dismissal which made as per the rules and regulation, so In such case Sophia cannot take any
legal action against her employer.
3. Legal advice regarding Mrs. Khan's contract with AD motors
It is essentially important under the contract that all the terms and conditions related to it
followed by the parties and in case of breach of conditions and promise by any of them tends to
make the contract null and void. The plaintiff can made suit against the defendant for recover the
compensation amount under the court and the court can hear down both the parties and made
settlement. In the given scenario Mrs khan made a contract with AD motors regarding to change
the damaged parts of their vehicle(Vachon,2013). The new parts that been used by them is not
branded and However, the AD motors used the duplicate parts and breach of contract with Mrs.
Khan and when they get information regarding it they made a suit against them for claiming the
compensation amount and decision made to the court regarding the full and final settlement and
after hearing both te parties the court reach to a decision that AD motors indulged in fraudulent
activity and he should be penalised for doing the wrong with Mrs.khan
M2 Analyse the potential impacts
Regulation:There is a great importance of regulations under business, because it guides the
organisation and management that it should follow all the applicable rules and trends for
conducting their business operations successful.
Legislation:It is a body who governed laws and the bill which prepared under this is passed by
parliament and that bill is converted into the laws and country follows accordingly(Rutledge,
2014).
Standards:It is essential for the business to follow all the set standards and rules essentially
important for the individual to follow it while conducting their functions in the organisation
which ask by organisation to them.
TASK-3
P4 Legal solution
The terms and conditions which are provided under the contract is essential for
the parties to follow, otherwise in case of breach of any side the contract becomes void.
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The Mr Smith appointed by PHB limited company for construction of building and the contract
is entered between them that all the material is essentially supplied by him to them regarding
construction and also mentioned That If Mr. Smith completed his 60 percent work than contract
is terminated directly(Tepe, 2016). In that case the cited company terminate him after completion
of 40 percent work and provide no reason regarding termination and hence The Mr. SMITH can
successfully claim the compensation amount and the company will be penalised under court.
In other case where the Busy Bees company goes into liquidation and Samantha is
appointed as liquidator. The company is liquidating because they have on adequate funds left in
order to pay off his obligations. In this case company sol ding their assets to meet down the
liabilities and furthermore, the company do not hold adequate amount of assets and set off with
their creditors. Therefore, the pro rate is been followed under the given case and Aston business
society holds the fixed charge of the assets who has owned 180000 to Busy Bees and the amount
which is realised on selling that will be transferred to Aston business society.
P5 Justifications for the use of appropriate legal solutions
The PHB limited failed to fulfil the contract and he left down the contract in
between and that contract was already been terminated. Hence, no rights of PHB is created ad
their rights is only limited because of that breach of contract which made between both the
parties(Wild, Wild and Han, 2014). The rules and regulations that been mentioned under the
contract law is been terminated by PHB limited and hence they have no right to made down suit
against the same party because in past he already been penalised for that and will not be penalise
for the same suit.
However, in second case the Busy Bees want to liquidate and he appoints
Samantha as his liquidator and Samantha liquidate down the company and setting off the amount
as per Pro Rata basis which it firstly paid to the creditors of the company. Further, The Aston
Business takes charge of the assets tat been realised by the Busy Bees company and hence, the
funds which been realised from the selling of premises is Rs. 180000 and hence, it will be
directly transferred to Aston Business Society.
M3 Positive and negative impacts of legal solutions to business problems
The positive impacts is that company should follow the process of company law related to
formation, regarding to issue the certificate of incorporation, applying the government for taking
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name and comply all the rules and regulations related to it to make the procedure meaningful and
negative impacts is sometimes the company misleading and misguided the government and take
certificate, not follow rules, and come with the intention to fraud or misrepresentation and affect
the business activities(Oswald, 2014).
TASK-4
P6 Legal Rights of AFG oil company
Arbitration is the common method to settle down the disputes between the parties where the
settlement can takes place without the interference of court and the settlements can takes place
between the parties in such a manner that any of the above goodwill will not be affected and the
decisions can be taken by the Arbitrator and decision can be taken in such a manner that balance
should have been made and any of the party will not be affected with the decisions and both the
parties trusted on the decisions and also rely on the judgement taken by arbitrator(Jones and
Sufrin, 2016). If any of the parties are not satisfies the decision of the Arbitrator then they went
to the higher court to challenged their decisions and the main advantages is that party need no go
to the court again and again in favour of the case and the proceeding which conducted based on
the shorter time period. Furthermore, the matter is also kept confidential so that any of the brand
image will not affect in the market.
In the given case the AFG has been appointed as an arbitrator in order to settle
down the dispute between the parties. The both the parties given equal perspective under the case
and before reaching to any decision by the AFG ,it based on the party whether they want to rely
or essential want to go the higher court for better settlement.
2. Institutional and adhoc arbitration:Institutional arbitration is one who is having a
specialisation to take down the decision in the process related to Arbitration and set down
its own rules, regulations and framework to made assist in the process. Adhoc arbitration
is one which is nor administered or controlled by any institution and the parties himself
determine the aspects related to arbitration such as number of arbitrators, law and
procedure that are applicable for conducting arbitration(Oswald,2014).
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M4 Compare and contrast the effectiveness
There is a great importance of arbitration because it helps down the parties in settling their
disputes and conduct the proper procedure in which parties not have to suffer and appropriate
balance is made in their so no one going to get affected(Appelbaum and et.al.,2016).
CONCLUSIONS
It can conclude that, business law is essential for the business because it helps down them in
better functioning and also make its business operations effective. The several types of dismissal
are been discussed such as wrongful, fair or unfair. Furthermore, it also been discussed that how
ADR conduct their arbitration in favour of parties and promote the settlement. The certain case
laws are also been discussed in course of contract and employment law and how the parliament
plays down an essential role in forming down the laws in the country.
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REFERENCES
Books and journals
Stemler, A.R., 2013. The JOBS Act and crowdfunding: Harnessing the power—and money—of
the masses. Business Horizons, 56(3). pp.271-275.
Robson, R., 2015. A new look at benefit corporations: Game theory and game
changer. American Business Law Journal, 52(3).pp.501-555.
Allen, W.T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Posner, R.A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Melvin, S., 2014. The Legal Environment of Business. McGraw-Hill Higher Education.
Martin, P.W., 2015. Survey for LAZ/SAIPAR Business Law Workshop, 9th January
2013. Received from Author. E-mail, 17.
Bowie, N.E., 2017. Business ethics: A Kantian perspective. Cambridge University Press.
Vachon, C.J., 2013. Double Dutch: Teaching Business Associations in Two Semesters. J. Bus. &
Tech. L., 8.p.213.
Rutledge, T.E., 2014. A Corporation Has No Soul—The Business Entity Law Response to
Challenges to the PPACA Contraceptive Mandate.
Tepe, M., 2016. In Public Servants We Trust?: A behavioural experiment on public service
motivation and trust among students of public administration, business sciences and law. Public
Management Review, 18(4). pp.508-538.
Wild, J.J., Wild, K.L. and Han, J.C., 2014. International business. Pearson Education Limited.
Oswald, L.J., 2014. Simplifying Multiactor Patent Infringement Cases Through Proper
Application of Common Law Doctrine. American Business Law Journal, 51(1). pp.1-69.
Jones, A. and Sufrin, B., 2016. EU competition law: text, cases, and materials. oxford university
Press.
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Appelbaum, E and et.al.,2016.Good for business? Connecticut’s paid sick leave law. Center for
Economic and Policy Research.
Law, R., Buhalis, D. and Cobanoglu, C., 2014. Progress on information and communication
technologies in hospitality and tourism. International Journal of Contemporary Hospitality
Management, 26(5). pp.727-750.
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