Business Law and Organizational Performance

This assignment examines the role of business law in maintaining the performance of organizations. It emphasizes the importance of ethical conduct, legal compliance during establishment, operation, and dissolution of a company. The report delves into both criminal and civil law aspects, highlighting the consequences of wrongful actions and the roles of solicitors and barristers in resolving legal disputes.

BUSINESS LAW

Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
TASK 2............................................................................................................................................3
TASK 3............................................................................................................................................5
TASK4.............................................................................................................................................6
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................8

INTRODUCTION
Business law is the legal concept which govern basic duties, roles and responsibilities of
companies. It which stated that organizations having separate legal entity with perpetual
succession and common seal. Owners must ensure that members of firm have to understand legal
consequences due to non-fulfilment of legal obligation. In this present report, will discuss both
criminal and civil law. different sources of law which are helpful to create new policies and
procedure (Lin, Baruch and Shih, 2012). Effective role of Alternative dispute resolution and its
types such as arbitration, mediation and negotiation. Solicitor is the legal body which is
responsible to resolve matter of parties and try to resolve in appropriate way (What Is Business
Law? - Definition & Overview. 2017).
TASK 1
English Legal System
According to the rule of law entire legal authorities of United Kingdom follow proper
process of English legal system which mentioned under ethical manner. Members are
responsible to follow process which is mentioned under law as related with companies.
Government of UK introduce various types of courts which are responsible to entertain cases
within jurisdiction (Weber, 2012). Criminal cases only deal under criminal courts and other
matters under civil courts. Judge play significant role in that process who provide best advice to
people and resolve their matter as well. Supreme court is come in top in hierarchy therefore,
decisions made by them are always bound on other courts.
Criminal and civil law
Criminal law is related with offensive activities which are conduct by person against
either entire country or person as well. As per the term of law this is wrongful act which may
imposed penalties person who done this act (Hattam, 2014). Amount of penalty and time period
for imprisonment mentioned under legal term which is needs to be fulfil by guilty. As per the
provision of law person who done wrongful act has been considered as criminal or wrongdoer.
Activities which are considered as offence are like fraud, murder, violence, theft and so on. In
this concept one person caused physical harm to another person. In this case innocent person can
file case against guilty in order to receive amount of compensation equal to amount specified
under law.
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Civil law is defined as clashes will arise amongst two parties which are private in nature.
Disputes other than criminal nature covered under civil law. Party which found guilty need to
pay damages which can be in monetary form. In criminal law damages caused in physical
manner and in civil law damages caused in monetary form (Nard, 2014).
Sources of law
There are different sources of law which having power to take significant decision
regarding protection of interest and rights of entire country (Cane and Atiyah, 2013). Sources are
like constitution, common law, case law and much more. These are as aligned below-
Constitution
As per the legal term constitution is the biggest source of law. It mentioned several rules,
regulation, policies and procedure which are needs to be fulfil by entire country. It can protect
people from any type of discrimination. It may govern performance of companies. Owners of
firm must ensure that no discrimination conduct among members on the basis of their caste, age,
sex, race, religion, place of birth and so on. But exceptions are there, it can be done on the basis
of caste Cota set of legal authorities, working qualification and experience. Fundamental rights
and duties are also consisting under this which may have imposed on members of country.
employer may treat each and every employee equally (MacCormick and Weinberger, 2013).
Primary aim of this legal term is to separate power among legal authorities on the basis of skills
and knowledge. This constitution of United Kingdom has been presented in unwritten form.
Legislature
This is another significant source of law. it may helpful tool for introduce new and
important rules or law as per the requirement of country. this legal term having certain [power to
resolve matter of parties who lodge complaints under courts in order to get best possible solution
for the same (Lee, 2012). It can able to protect rights and interest of people and secure their
rights as well.
Executives
This source of law consists judges and other authorities who is responsible to hear dispute
of parties who lodge their complaints in courts (Middleton, Lee and Stewart, 2017). They are
responsible to prove opportunity to parties for explain their dispute and put their view on that.
President of country play significant role in decision making process. It may directly contribute
continuous growth and development of UK.
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Treaties
This is another legal concept in which two or more states form legal agreement with each
other. Each state selects one presentative who having appropriate skills, knowledge and
experience to deal with legal issues and able to understand things easily (Deva and Bilchitz,
2013). Recruitment of person can be done on the basis of requirement and provide training to
them accordingly. They sign written documents with each other which is known as agreement
deed. Various terms and conditions mentioned that document which is imposed on them and they
are responsible to fulfil the same.
Comparison
English legal system Rumanian legal system
This legal concept is based on United
Kingdom. In this legal authorities are bound
to follow systematic process of law.
It is based on Romanian. In this members are
not able to follow systematic legal system.
They are bound to comply with law and
based on written form.
This based on unwritten format.
Consumer and employment law
Employment law consist rules in order to maintain relationship among both employers
and employees. Federal as well as state both types of laws can control or maintain various
aspects of the employer and employee relationship, involving each side’s rights or legal
obligations (Gino and Ariely, 2012). Complexities create among organizations as related with
fulfilment of target within stipulated time period. According to Employment Act 1946,
employers have to protect rights and interest of each person through providing best possible
working environment to them. Various legal obligations are imposed on partiers and needs to be
fulfil by them.
Consumer law covered relationship under business organization and customers. It
mentioned various rights, liabilities and remedies for buyers in order to secure their life and
maintain performance as well. As per the rule of The Consumer Protection Act 1986, customers
are responsible to fulfil legal rules and regulation which are imposed on them.
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TASK 2
There are different types of business organizations are introduced in United Kingdom. Such
as small, medium and large companies (Ramsay, 2012). Legal steps need to be fulfil by owners
of each entity for the purpose of comply with legal proceeding. Types of business organizations
are as mentioned below-
Sole trader- This is considered as legal entity which can be start by single person only.
every single person having potential to start business and enjoy ultimate control and entire profit.
Whatever the profit earns by him, no need to share with others. For the purpose of start this
business sole trader require less amount and time (Ramsay, 2012). Some legal policies are
imposed on him but less that rules imposed on members of companies. Registration of these
types of firm is optional. But after registration owner can sue others and be sued by others. after
legal registration person get name of firm which is never registered before any other firm. Sole
trader having ultimate control property and individually take decision regarding start, maintain
windup of entity. Firm is not able to enhance capital through sale shares in market. Shares and
debentures can be used by large entities only (Ramsay, 2012). There is no agreement and other
legal contract has been framed as in other company used. Because there is no other ownership,
only single person handles overall management of firm.
Partnership- This is another legal entity which is start by two or more persons called as
partners. Parties who having same motive and same set of mind can collectively use money and
invest some amount and start business. Whatever, the profit they earn can be share equally or the
rate which is decided by them mutually (Ramsay, 2012). At the time of formation of this legal
entity partners have to sign written legal agreement with each other which is known as
partnership deed. Profit sharing ration, amount of investment, capital sharing, name and address
of each partner is mentioned under this written legal agreement. Owners require less amount to
start partnership firm and responsible to maintain the same in effective manner.
Registered company- As per the rule of business law companies are of two types such as
private and public company. Public firms are those in which more than 50% shares hold by
government and remaining was distributed among private persons. Legal authorities maintain
overall performance of this company. Registration of these types of entities is necessary. After
establishment of firm with stipulated time period owners are responsible to obtain legal
registration (Ramsay, 2012). On the other side, private firms are needs to established by private
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persons. On the rule of business law, 2 or more people can start this firm collective but
maximum members must be 200. But every company having separate legal entity, perpetual
succession and common seal. Registration of private firm is optional for them. But after this
company can file case against another.
Steps to form company.
Number of members- Minimum 7 members require to form public firm and 2 members
necessary to form private company. But maximum members for public firm are unlimited and
200 in case of private firm. This is the basic rule which is needs to be fulfil at initial stage. Each
and every must have potential to run business and maintain performance in effective manner.
Select name of firm- Owners have to select name for firm which is not registered before
by any other firm. name have to be unique and attractive. Public Limited word needs to be use at
the end of public firm and Limited shall be use at the end of name of private organizations.
Registration- Owners are responsible to obtain registration form legal authorities with
stipulated time period as specified under law. After this. Entities hold legal right to conduct
transaction. Thus, after obtain certificate of registration, owners have to conduct business
transaction with the name of company. In case another firm wants to file case, then they have to
do with the name of business organizations only.
Role of directors.
Directors play significant role in every company. They hold responsibilities to comply
with policies of law. They have to authority to take effective decision and try to become part of
the decision making process (Ramsay, 2012). Directors are bound to fulfil target which is
imposed on them. Financial issues can be resolve with the help of them. Human resource
department have to appoint person as director who having appropriate skills and knowledge.
Directors are responsible to attend meetings and put their views as well.
TASK 3
When courts are overburdened with varieties of cases than in that situation legal authorities
introduce new legal proceeding which is known as Alternate Dispute Resolution. This is the best
technique to resolve matter of parties who lodge dispute in order to resolve the same. Parties
among which dispute may arise can lodge their matter in either court or ADR. They are not able
to submit same case among same parties in both legal term. ADR provide best possible advice to
people at cheap price (Ramsay, 2012). Also it offers fair and fast justice to them. This is the legal
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concept which is able to participate in continuous growth or development of country. These are
of few types which are as follows-
Arbitration- This concept plays significant role in ADR process. mediator hear the
matter of parties called as arbitrator. Such person should be select by the legal authorities who
have capabilities to handle legal situations and understand things easily. After hearing and
understand matter arbitrator provide final judgement to parties which is called as arbitral award.
It should be present in written format and signed by parties and arbitrator himself. Furthermore,
arbitral award binding parties to follow the final decision and perform functions accordingly.
They offer fast, cheap and fair justice to people.
Mediation- It is another legal term which can resolve dispute among parties. Person who
is responsible to perform legal activities is known as mediator. Various rules and legal
proceedings are imposed on them and needs to be fulfil by them (MacCormick and Weinberger,
2013).
Negotiation- This another way for settlement of matter of parties. In this process both
person have to negotiate their rights and interest for resolve dispute. Negotiating is at last
solution which is provided to them.
TASK4
Both solicitor and barristers are the part of legal system. They are responsible to comply
with policies as imposed on them. They are helpful term for resolve matter of parties. The
primary aim of them is to offer best possible advice to people (MacCormick and Weinberger,
2013). Advice needs to meet expectation of people. They have to complete education in law and
must be considered as Licensed legal practice. Thus, licence for practice must be obtain from
legal authorities.
Solicitor- He is the person who is considered as legal consultant. They provide best
possible to advice to people in order to maintain their performance in effective manner. They are
qualified legal professionals who provide legal expert advice to their clients. They can be
individual, group of persons and it can be private firms as well. But they only handle office work
rather than appear in courts and conduct argument with opponent lawyers. The main role of
solicitor is equal to lawyers who are responsible to appear in courts. As they are experts in law
and having ultimate knowledge entire legal system (MacCormick and Weinberger, 2013). They
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are able to negotiate with clients as well as with opposing parties in order to secure agreed set of
goals and objectives. Initially they working in law firm and continue work in same firm.
Barrister- They are considered as specialist in law who act as lawyers and responsible to
appear in courts. Try to understand roles and responsibilities imposed on them as per the
provision of business law. Barristers may handle situation in court on behalf of their clients.
They are responsible to hear matter of parties (MacCormick and Weinberger, 2013).
CONCLUSION
On the basis of above project, it is found that business law is able to maintain overall
performance business organization. Owners have to perform function in ethical manner which is
helpful for them to meet set of target or objective. Responsible to follow legal process at the time
of start, running and windup of company. In above report discussed both criminal and civil law.
Person who conduct wrongful under this is called as criminal. Such person is responsible to bear
penalties which is imposed on them as per the provision of law. solicitor and barrister are the
significant part of the legal system which are responsible to fulfil target within stipulated time
period and try to provide best possible solution to parties who lodge their complaints in courts or
in ADR.
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REFERENCES
Books and Journals
Cane, P. and Atiyah, P.S., 2013. Atiyah's accidents, compensation and the law. Cambridge
University Press.
Deva, S. and Bilchitz, D. eds., 2013. Human rights obligations of business: beyond the corporate
responsibility to respect?. Cambridge University Press.
Gino, F. and Ariely, D., 2012. The dark side of creativity: original thinkers can be more
dishonest. Journal of personality and social psychology. 102(3). p.445.
Hattam, V.C., 2014. Labor visions and state power: The origins of business unionism in the
United States. Princeton University Press.
Lee, R., 2012. Law and regulation of commercial mining of minerals in outer space (Vol. 7).
Springer Science & Business Media.
Lin, C.P., Baruch, Y. and Shih, W.C., 2012. Corporate social responsibility and team
performance: The mediating role of team efficacy and team self-esteem. Journal of
Business Ethics. 108(2). pp.167-180.
MacCormick, N. and Weinberger, O., 2013. An institutional theory of law: new approaches to
legal positivism (Vol. 3). Springer Science & Business Media.
Middleton, K.R., Lee, W.E. and Stewart, D.R., 2017. The law of public communication. Taylor
& Francis.
Nard, C.A., 2014. The Law of Patents. Wolters Kluwer Law & Business.
Ramsay, I., 2012. Consumer law and policy: Text and materials on regulating consumer
markets. Bloomsbury Publishing.
Weber, R.F., 2012. An alternative story of the law and regulation of risk management. U. Pa. J.
Bus. L.. 15. p.1005.
Online
What Is Business Law? - Definition & Overview. 2017. [Online] available through:
<http://study.com/academy/lesson/what-is-business-law-definition-overview.html>.
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