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Case Studies on Business Law

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Added on  2020-06-03

Case Studies on Business Law

   Added on 2020-06-03

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BUSINESS LAW
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Table of ContentsINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1P1 English legal system's structure and sources of law..............................................................1P2 Government's role in making law and application of common and statutory law in justicecourts...........................................................................................................................................4SECTION 2 ....................................................................................................................................6P3 a) Legal obligation of employers...........................................................................................6b) Impact of relevant contract and employment law...................................................................7SECTION 3 .....................................................................................................................................9P4 Appropriate legal solutions....................................................................................................9P5 Justification of solution........................................................................................................10SECTION 4....................................................................................................................................12a) Benefit and concept of using Alternative process for resolving dispute...............................12b) Alternative legal solutions....................................................................................................13CONCLUSION..............................................................................................................................15REFERENCES..............................................................................................................................16
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INTRODUCTIONBusiness law make dealings with the creation of new issues and businesses thatoccur when existing businesses make interaction with government, other companiesand public. This particular area of law presents several legal disciplines which includesintellectual property, tax law, bankruptcy, employment law, sales, real estate and manyothers. Business law lawyers are specialists of transactional work and they do notrepresent their clients in a court. Business lawyers are hired in order to avoid futurelitigation (What Is Business Law? - Definition & Overview .2017). This report is based onthe topic of business law based on different case studies. So as to understand businesslaw's role in a legal system, it supports to see businesses as entities distinct from theiremployees and owners. As there are individuals who are living together in society,entities of business are subject to follow legal rules which are there to provide fairopportunities to every participant so as to get success. Enforceable system also givesbenefits to economy and give efficient transactions. In this report, English legal systemstructure and various sources of law, government's role in making law and application ofcommon and statutory law will be discussed. Employee's legal obligations related toworker’s compensation, Harassment, equal opportunities etc. will be explained andwhat impact business organisation's get from law will also be determined. In this report,recommendations regarding necessary legal solutions on the basis of alternative legaladvice will be made to gain understanding of business laws and its impact onorganisations. SECTION 1P1 English legal system's structure and sources of lawLegal system can be termed as a process or procedure for enforcing andinterpreting the law. It makes elaboration of responsibilities and rights in various ways.Three major components of legal system include religious law, civil law and commonlaw. As per the structure of the English court, decision made by higher court is bindingon court below it. In the hierarchy, Supreme Court is at the top formally known as Houseof Lords. Decision which is made by this court is unalterable in other courts. Supreme1
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court is recognised as top English court, decisions which are made in European Courtbinds all courts of UK by honour of ss. 2 & 3 of European Communities Act 1972. Court of Appeal are under Supreme Court as per the hierarchical structure and isdivided in two parts which are like Criminal and civil divisions. Decision which are madein both sections undertake lower courts but civil division includes an exception of thisrule which includes: If there is a conflict among two decisions which are already made, then it shouldbe decided by court that which decision will overrule and which will get followed. If a previous decision is overruled by Supreme Court, then this decision shouldbe followed by court of appeal (English Legal System Lecture Notes .2017). The Divisional courts are under the three division of High Court. They follow decisionsof Supreme Court as well as Court of Appeal. Divisional court is over high courts in ahierarchy and decisions which are given by these courts undertake high court's ordinarydecisions. In the case of criminal appeal, Queens Bench divisional court can decline toobey previous decisions. Crown courts are there to undertake exemplar from superior courts but does notmake exemplar themselves and also not bound by their previous decisions. Countrycourts and magistrates don't undertake any different courts and are also not obligatedwith their decisions.2
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(Source: http://nuweb.northumbria.ac.uk/bedemo/english_legal_system/page_13.htm)3Illustration 1: English Legal System, 2017
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Sources of law:Law can be termed as the particular system of rules which is recognized by aspecific community and country in order to regulate its member’s actions. It can also besaid as a rule which defines correct behaviour or procedure in a sport. Sources of law inUnited Kingdom consists of four major things. Firstly, it contains statutes which areproduced by developed and UK parliaments (Arthurs, 2011). Second source of law isdefined as common law which was made centuries ago when standardisation ofregulations is made in England. Third source of law is from European union and thefourth one is case law. Parliament is considered as the prime source for development oflaw as its their responsibility and duty. Common law was not of great importance inlatest scenario as it is considered as outdated regulations and rules, that is whygovernment try to eliminate then whenever there is an occurrence of problem. UK isconsidered as a part of European union, so organisations are bound to follow differentregulations and rules which are made by them, but after the involvement of Brexit, legalobligation need not to be followed by them. Some decisions which are given by courtbecomes law and then it is taken as basis of future judgements. Different recent reformsgenerally focus on eliminating legal barriers which are there in social investments andsome recommendations were also there related with different issues such as fire armswhich is enclosed in The Policing and Crime Act 2017 due to its Royal Assent (August,Mayer and Bixby, 2009).Working time regulations 1998- As per rule of this law employees are onlyresponsible to do work 9 hours in a day and 48 hours in a week. Also employers are notable to misuse efforts of employees. Employment Rights Act 1996- Every organization is responsible to pay equalrights to each and every person who worked as employees. Pension Act 2008- Pension has been considered as amount of money which isprovided by every organization to every employees of the firm who worked continuous10 years in one premises. Equality Act 2010- No discrimination is possible among employees of the firmwho worked as workers in firm. Employers are bound to provide equal opportunities toevery employee. 4
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