Legal Obligations and Business Success

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This assignment examines the crucial role of law in guiding businesses towards success. It emphasizes how understanding legal obligations enables entities to effectively achieve their objectives within a stipulated timeframe. The text argues that a well-functioning legal system is essential for business prosperity by providing clarity on responsibilities and promoting ethical conduct. Additionally, it highlights the importance of employee well-being and satisfaction as contributing factors to overall business success.

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BUSINESS LAW
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Table of Contents
INTRODUCTION...........................................................................................................................3
LO1 Explain the role of legal system..............................................................................................3
Describe sources of law in English legal system.........................................................................3
Compare English law system with European model...................................................................3
Focus on Acts of parliament to reflect how a bill proposed and Discuss the liability.................3
LO 2 Illustrate the potential effect of law on a business..................................................................4
Explain the impact of employment and contract law on business...............................................4
Describe the vicarious liability....................................................................................................4
Explain the impact of law on employment status in accordance with the case study.................4
LO 3 Suggest appropriate legal solutions to business.....................................................................4
Difference between partnerships, Limited company and private limited company....................4
Explain legal requirements and procedure in setting these businesses........................................5
LO 4 Suggest the best suitable legal solutions using legal measures..............................................6
Explain Arbitration......................................................................................................................6
Discuss the Arbitration................................................................................................................6
Explain Arbitration clause in employment..................................................................................7
Describe Citizen Advice bureau..................................................................................................7
Explain solicitors and trade unions..............................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
Index of Tables
Table 1: Difference between different business structures..............................................................4
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INTRODUCTION
Law plays an integral role in identifying all the obligations which will be managed by
using variety of laws and regulations. UK council has been selected for the given project report
which deals in providing potato to all the customers. This report is all about explain the English
and European legal system. It also emphasises on identifying the effect of various laws on an
entity. Role of arbitrator has explained in the project report in improving the existing conditions.
LO1 EXPLAIN THE ROLE OF LEGAL SYSTEM
Describe sources of law in English legal system
Statues- The laws and regulations are framed with the help of various parliamentary acts that
facilitate an individual in accomplishing their desired aims and targets in resolving all their
doubts and queries (Grelecki and Willey, 2017). It includes various act that helps an individual in
improving the overall performance of an entity in a given period.
Common law- These kinds of law is related to all the principles developed especially for
execution of the same in the external business environment. The standardization of law is
essential in order to improve the performance.
Compare English law system with European model
Criteria English law European law
Type of law In UK justice is provided to an
individual through common
law.
The kind of law in France falls
under the European law
includes civil laws.
Code of conduct Rules and regulations are
presented in form of code
Codes are used to depict all the
rules.
Decision In this type of law punishment
is given to culprit
Judges will only refer legal
codes in different cases.
Focus on Acts of parliament to reflect how a bill proposed and Discuss the liability
Bill is regarded as the statements that includes new regulations to be launched by state
government to facilitate all the users (Bradley and Goldsmith, 2017). The bills prepared by the
legislative assembly will be presented among the higher authority in order to verify the
statements which will be pass to the next higher authority. Bills proposed by the firm will be
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sanctioned by the central government which in turn transform into parliament act to facilitate all
the needs and the expectations of various users.
The bill has passed by the parliamentary approach in which officials of the legislative
assembly will take decision in order to process the proposed bills into the final law as there is
restriction that only legal members will attend the legal proceedings. On the other hand, lobbying
is that method in which high level of transparency will be maintained that helps an entity in order
to authorize particular laws.
LO 2 ILLUSTRATE THE POTENTIAL EFFECT OF LAW ON A
BUSINESS
Explain the impact of employment and contract law on business
Law plays a significant role in a business as the performance of an entity will be managed
by applying various laws and regulations. An employee admitted in the business are required to
sign employment contract which will include all the clauses about the business functioning and
rules to be followed in the business (Keogh and et.al., 2017). By signing these agreements an
employee will not challenge an entity on any grounds in the near future which will safeguard an
entity's business from future consequences.
Describe the vicarious liability
In an entity, actions of employees whether it is positive or negative will be held
responsible by the employer so this vicarious liabilities reflects all those actions or omission
done by an employee will directly affect an entity's existing performance. Business negligence
need to be controlled by the owner as negative and wrong acts of employees will impose
complexities on an entity.
Explain the impact of law on employment status in accordance with the case study
In the given case scenario, cooks are employed for displaying at fairs organized by UK
council but all cook filed a suit against the firm on the grounds of understanding itself as self
employed. So, it is important to understand the difference among employed and self employed
that employed means someone provides work opportunity as an employee and self employed
means the employer who runs the business. These cooks are employed, so the council would
liable to pay the salary to all the cooks hired by them.
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The status of an individual has determined with the help of tax they paid and right and
responsibilities as there are no right or duties available with a person who are self employed and
they don't pays PAYE tax in relation to all the employees working in the business. Employment
contract attracted towards employed and not self employed.
LO 3 SUGGEST APPROPRIATE LEGAL SOLUTIONS TO BUSINESS
Difference between partnerships, Limited company and private limited company
Table 1: Difference between different business structures
Criteria Partnerships Limited company Private limited
company
Define The partnerships in
business created
among two or more
partners who start their
own business by
creating partnership
agreement.
This type of business
is created by an
individual in which
owners have limited
liability according to
their share invested in
the business. It is also
regarded as the public
company in which
financial support is
provided by the
government to the
business owner.
This kind of business
is privately owned
businesses by a single
owner who have
liability towards all the
shares prescribed by
the members.
Business name Name of business is
decided by the
promoter of the
partnership firm which
doesn't require any
approval of external
party.
It requires approval of
government as with
the permission of
government they add
Ltd word behind the
name of business.
Private company needs
to register itself as
private entity
Liability of members Partners in partnership
firm have unlimited
Members of limited
company have limited
Shareholders in private
limited company has
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liability liability according to
shares taken by
members.
limited according to all
the shares held by
them in the business.
Registered company or Plc is regarded as the best suitable business entity that enhances
the overall quality of the business operations as all the problems will be resolved easily as the
legal stays of this entity will help an entity in order to accomplish all their desired aims and
targets within a given span of time.
Explain legal requirements and procedure in setting these businesses
Partnership business- An entity need to register itself with the partnership act 1932 which
guides all the business actions of an entity by creating partnership deed in order to regulate all
business transactions takes paces in an entity (Boldt, Kassis and Smith, 2017). It requires two or
more parties to start the partnership business. Partnership deed need to be signed by all the
partners which will further authentic by legal seal to bind all the partners legally for all the acts
of partners in an entity.
Limited company- The formation of limited company is possible by registering its business
with the legal laws as their desired aim is to accomplish all the aims and duties initially
developed by the promoter for the betterment of their firm. This needs to be registered with the
act of law in order to provide legal existence to their business. Limited company has two types
such as limited by guarantee or shares which restricts all the shareholders. It needs to be
registered with the companies Act 2013 in order to provide legal existence to a firm.
Private limited company- Two or more promoters are required to registered a company as
private limited company which will further requires registration in the companies Act 2013.
MOA and AOA needs to be signed by an individual in order to consider all kinds of clauses in
the statements.
LO 4 SUGGEST THE BEST SUITABLE LEGAL SOLUTIONS USING
LEGAL MEASURES
Explain Arbitration
In general terms arbitration is a terminology that refers to hearing all the issues of parties
to default in order to resolve all kinds of issues and conflicts faced by an entity. An arbitrator
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will remain on a neutral position who will give opportunity of being hear to all the parties to
conflict in order to resolve the matter by taking unanimous decisions to satisfy both the parties.
This is regarded as one of the important aspects of alternative dispute resolution in which parties
avoid going courts and resolve the matters by choosing out of court settlement that saves their
time and money that will be spent while filing suit against the default party (O'Brien ed., 2017).
An arbitrator is highly responsible for their taken action as wrong action taken by them will
legally bind them towards the parties involved in the process. The wrong decisions will affect all
the parties as an arbitrator play a significant role in improving the existing conditions lies in a
business. This is regarded as the ultimate solution preferred by companies as this provide
resolution of all the commercial disputes incurred in an entity.
Discuss the Arbitration
In the given case scenario, potato council is offering its variety of services in satisfying
the needs and expectations of all the society members as this council provides potato in
affordable costs to all the citizens in their home country as well as in all across the world.
Alternative dispute resolutions has adopted by this particular council to resolve al the conflicts
may occurred in the Agricultural experimental center as they deal in variety of commercial
transactions. Due to wide number of commercial transactions occurred in the business increases
the overall chance of creating disputes among the potential buyers of potato council needs to be
control by using Arbitrator as on of the technique of Alternative disputes resolution (Bradley and
Goldsmith, 2017). The council wants to resolve all the disputes using out of court settlement as
this will spoil the existing image of the council in front of all the customers of this particular
business.
Benefit of using this arbitrator is to choose their judge who will resolve their problems as
this option is not available with an individual in case of legal system through judge. Decisions
given by arbitrator is faster than ordinary legal systems. Arbitrary case proceedings are on-public
which can be conducted only in presence of all the parties to default in order to maintain the
confidentiality of the case.
Explain Arbitration clause in employment
Nowadays, employer of the business encloses one of the important clause in the business
contract is related to the arbitration agreement in order to legally bind all the employees of their
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firm. In this kind of agreement employer demands employees who join the firm to forgo all their
legal rights of filing suit against the employer legally (Boldt, Kassis and Smith, 2017). The
arbitration agreement focuses on stealing legal rights of an employee in filing case against their
employer related to several issues such as job related problems, forceful termination of an
employee, breaching the contract of an employee and discrimination. By doing this, an employer
protects itself from further consequences faced by them due to the unacceptable claims of an
employee imposed on an employer of the firm. ADR is an acronym that stands for alternative
dispute resolution technique in which an employer restricts the legal rights of an individual in an
entity as all the matters in a business will get resolved by the employer within the office premises
to protect its brand image in the external business environment.
Describe Citizen Advice bureau
It is regarded as the voluntary institution set up in the United Kingdom whose desired
aim is to give free advice on various matters such as legal assistance, money related matters and
helping consumers in order to avoid exploitation with ll the consumers (O'Brien ed., 2017). All
these services offered by this particular institute in free of costs as social welfare is the major aim
of this institution which set up in UK in order to provide all kinds of benefits in improving the
existing business conditions of an entity. Various problems faced by an individual are identified
by the volunteer of this institute as the social work practices used by this institute is to satisfy all
the needs and wants of people located in the external business environment. The emergence of
this organizations in the year 1930 which is related to providing social activities by satisfying
varied needs of all the society members as resolving all the problems is the ultimate aim of this
institute. This is not for profit organization who get donations from the external parties in helping
all the needy people outside the external business environment.
Explain solicitors and trade unions
In the legal terminology, solicitor is regarded as the legal practitioner who gives advice
on various legal matters in resolving all the disputes within the legal boundaries of a particular
country. All the acts will be resolved in legitimate manner as in accordance with the legal oath
taken by these practitioners will not act in illegal manner (Lelieur, 2017). The principles of
Solicitors act 1974 will be applied on the actions of all the solicitors who help all the society
members in resolving their queries by using legal sections that facilitate them in order to protect
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their action with a shield of legal acts. These legal acts will help an individual against all the
consequences they may face in the external business environment. The solicitors are legal term
used for lawyers who will defend their client in terms of law in some jurisdictions in order to win
their case and provide ultimate justice. In England and wales the word Solicitor is used which on
other hand, in barristers will defend the case of their client in most of the jurisdictions as their
scope is higher than compared to the solicitors.
Trade unions
It plays a significant role in an entity as all the labors of the business are guide by the
head of trade unions who will represent all the labors working in an entity. The rights of all the
labors of the firs will be protected by the trade unions as their existence in the firnm is due to
safeguard the interest of all the workers (Jagannathan and Pritchard, 2017). The exploitation of al
the employees specially factory workers are protected by these trade unions. Disputes arises in
compensation to all the workers will be resolved by trade unions as it is essential for an entity to
maintain good relations with all the trade unions to maintain the stability in their overall
performance. The trade unions is a representative of all the workers that facilitate an entity in
order to satisfy all the needs of trade unions in order to ensure higher productivity of their
business. Dis-satisfactions of needs of all the workers will result into strikes and lockouts in the
industry which in turn affected an entity's business performance and hampers the overall
productivity of a business.
From a business perspective, trade union are the true representatives of laborer working
in the business (Grelecki and Willey, 2017). Goals of the business will be shared with the trade
unions in order to generate good results in front of all the workers as the trade unions will present
god image of an entity among all the laborers. Integrity needs to be maintained by the firm by
linking its goals with the performance of trade unions which will results into higher
accomplishment of all the goals and the objectives within a given time span.
Owner of potato council is required to analyses the existing performance of all the
workers working in an industry as it is essential for an organization to design all the tasks and
duties to fulfill all their tasks in less period. Increasing customers satisfactions is essential for
Otis particular organization as higher customers satisfactions higher will be the profit of an entity
(Fish, Halcoussis and Phillips, 2017). Trade unions are satisfied by fulfilling all their needs and
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expectations in an entity. All kinds of needs and expectations will be fulfilled such as providing
health care benefits to all individuals working in an entity by ensuring its God health which in
turn produce higher return for an entity for the beneficial of the business. Providing additional
benefits to all the employees working in an entity will satisfy all their needs and expectations.
CONCLUSION
It can be concluded from the above assignment that law helps an entity in knowing their
current obligations in order to achieve all the goals and the objectives in less period. Role of
legal systems gets increases with the time.
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REFERENCES
Boldt, D. J., Kassis, M. M. and Smith, W. J., 2017. Factors impacting the likelihood of student
withdrawals in core business classes. Journal of College Student Retention: Research, Theory
& Practice. 18(4). pp.415-430.
Bradley, C. A. and Goldsmith, J. L., 2017. Foreign Relations Law: Cases and Materials.
Wolters Kluwer law & business.
O'Brien, J. ed., 2017. Corporate Business Responsibility. Routledge.
Keogh, L.A., and et.al., 2017. Intended and unintended consequences of abortion law reform:
perspectives of abortion experts in Victoria, Australia. Journal of Family Planning and
Reproductive Health Care. 43(1). pp.18-24.
Lelieur, I., 2017. Law and policy of substantial ownership and effective control of airlines:
prospects for change. Routledge.
Natsvaladze, A., 2017. Characteristic of Vicarious Liability. European Scientific Journal, ESJ.
12(10).
Grelecki, R. C. and Willey, S. L., 2017. Applying Legal Concepts to Business in a Legal and
Ethical Environment of Business Course: The Build‐a‐Business Project. Journal of Legal
Studies Education. 34(1). pp.89-126.
Grelecki, R. C. and Willey, S.L., 2017. Applying Legal Concepts to Business in a Legal and
Ethical Environment of Business Course: The Build‐a‐Business Project. Journal of Legal
Studies Education. 34(1). pp.89-126.
Fish, L. J., Halcoussis, D. and Phillips, G. M., 2017. Statistical Analysis Of A Class: Monte
Carlo And Multiple Imputation Spreadsheet Methods For Estimation And Extrapolation.
American Journal of Business Education (AJBE). 10(2). pp.81-96.
Jagannathan, M. and Pritchard, A. C., 2017. Do Delaware CEOs Get Fired?. Journal of Banking
& Finance. 74. pp.85-101.
Kirton, J. J. and Trebilcock, M. J., 2017. Hard choices, soft law: Voluntary standards in global
trade, environment and social governance. Routledge.
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