Business Law and Regulations Assignment

The provided document is a collection of sources related to business law and regulations. It includes various texts, articles, and patents that discuss aspects of business law such as international business transactions, securities regulation, and the importance of knowledge in business law. The document also covers topics like real-time messaging conversations, case-based planning, and the bizarre law and economics of business roundtable v SEC. Additionally, it mentions Australian business law, business ethics, and the legal and regulatory environment of business.

BUSINESS
LAWS

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1 ...........................................................................................................................................1
P1. Structure of English legal law system and various sources of laws ................................1
P2 Role of government in making laws and implementing statutory....................................3
TASK 2............................................................................................................................................5
P3 Impact of law upon business organisation........................................................................5
TASK 3............................................................................................................................................6
P4. Legal solution for business problems...............................................................................6
P5) Justification for the solution.............................................................................................7
TASK 4............................................................................................................................................8
P6. Concept and advantages of using ADR process...............................................................8
CONCLUSION ...............................................................................................................................9
REFRENCES ................................................................................................................................10

INTRODUCTION
Business law involves all laws which prescribe how to run and form a business
organisation. It encompasses the combination of all legislations and rules that describe a way to
set up and run a business organisation. Business law cover up laws which are used in the creation
or direction to start, manage, run, buy, sell and close any kind of business. There are some laws
and legislations that are essential for a company or commercial entity to run their business
activities in lawful manner (Bagley and Dauchy, 2011). Along with this, the present report,
structure of English system and various sources of law have been described. Every firm needs to
operate within legal framework of law. Some common legislations and laws of UK are also
discussed in this assignment; such laws have an essential role in order to improve market
position of the company in market. Here, various benefits and concepts of applying dispute
resolution processes within the company are also enlighten in this report.
TASK 1
P1. Structure of English legal law system and various sources of laws
English legal system – It is one of the major European legal system, that includes Roman
law. English law is the common legal system that is governed by Wales and England, comprising
civil as well as criminal law. It has been expanded in some other countries i.e. USA, New
Zealand, Canada and Australia. English law is accessible in order to manage legal laws,
legislations and rules in an effective manner; it is used by the court of UK for making or taking
decisions on any specific area. Government of different countries creates several laws so that
innocent people can get justice and integrity. English law renders help to each person across the
nation and entire country also rely upon the same.
Supreme court: It is the place where final decisions and judgements are made on every
major cases. In involves the hierarchy of many legal jurisdictions. In broader sense, the
decisions of a supreme court are cannot subject to further review by any other court; it is not
possible for everyone to interrupt the decisions of supreme court (Berger-Walliser, Bird and
Haapio, 2011). In some situations, the court also hears the appeals of high courts to take effective
decisions that can provides justice to the people of the country.
Court of Appeal: It involves civil and criminal section in the court of appeal. The decisions are
made by supreme court on the petition of court of appeal.
1

 Criminal section: The section handles all criminal cases. Such kind of cases are liable in
giving punishment or abasement to criminals; crown court listens the appeal of criminal
department.
 Civil section: It is concerned with those laws, issues and regulations which are related
with family or social disputes. Civil section is helpful in order to providing justice to
people who are facing family problems and issues.
High court: It is knowns as the biggest and highest court in countries. The court is
divided into three major parts, such are stated as follow: - Chancery court: This the essential segment of English Law system. The idea of
formation of chancery court rely upon modification from circuit court that depend on the
general law (Bovée and Thill, 2014). The court is disclosed regarding the cases of
betrayal, contracts, dissolution of corporate partnerships as well as personal, mental
disability, juvenile issues, guardianships and redemption of land. Family division: In that, all of the family issues and problems have been addressed and
then judgements are made by high court as per the different laws that have been enacted
for these problems. Queen's bench division: It looks the cases regarding drugs; there are several number of
legal powers consisting in this law.
Country and Crown court – Basically, it deals with serious criminal charges where
suspects have appointed trial at the crown court instead of trail at a magistrate's courts.
Different sources of law: - Common law: It is the ancient law of England that is based upon societal customs and
enforced by the judgements and decrees of the courts. The common law systems prevail
in England; it is distinct from the civil law system which predominates in Europe. The
judge of common law court is taking decisions on the basis of cases which are addressed
earlier. Equity law – This law is related to express, resulting and constructive trusts. It provides
relief against penalties and forfeiture. Along with this, the equity law is used when
available remedies are not appropriate for particular situations.
2

 Judicial precedent – It is a general method of introducing various case laws in effective
manner by implementing legal elements. Judicial precedent is a decision of high or
supreme court that is used by a judge as the source of effective future decision making. Employment right act 1996 – The act was passed by the Conservative government in
order to codify existing law on employee's rights at workplace. It describes that all
employees have equal right at workplace and there should be no discrimination made by
employers among such employees regarding salary or promotions benefits.
 Working time regulation, 1998 – It applies European working time in GB law. Working
time regulation act was developed in order to decide proper timings of working shifts.
P2 Role of government in making laws and implementing statutory
Law is an important for each and every country or its government. Various countries
follow divergent legislations and rules through which they are bound to do activities. Along with
this, it is a very big obligation of English government to develop several constitutions as they are
applicable in divergent situations and cases.
Process of law making; An issue emerges on the government agenda: There are many political parties that
compete with each other in order to get support from voters of British countries. For that,
they conduct various campaigning and furthermore activities that are based upon
country's mission and vision (Bowie, 2017). Such politicians announces promises and
providing information about how they will develop changes or dynamics that are
beneficial for the people of that particular country. Ideas for addressing the problems are considered – In this, various ideas and solutions
are generated that are helpful in addressing people's problems and issues. It involves two
steps, first is finding out the issues and second is to make solutions for the same.
Members of any area such as house or firms are liable to render many curative
resolutions to indicate such issues. Interested people and groups are consulted – In this step, people are giving their
suggestions and recommendations who are facing the same problem. So as ministers and
authorities make some proposal after consulting with interest groups and experts. Ministers have to agree which proposal to take forward: It is required that, ministers
also pursue the all proposals which are regulated for definite issues and challenges. While
3

making an adequate law, it is necessary to be authorized by MP's in the peers in the house
of commons and house of lords. Preparation of bills – The government of the country is liable to accept such proposals
that would be execute and regenerate into bills (Cameron, 2017). These bills are carries
many suggestions towards various problems which can be applied in the condition of
conflict. Parliament considers bills: The parliament emphasis rely upon proposals which are
known as bills; they are recommenced by the government. While making an adequate
law, it is necessary to be authorized by MP's in the peers in the house of commons and
house of lords. Parliamentary stage- Lords of house is obligated by which a bill can starts its journey.
Such bills are linked with start up of taxation within the house of common. First reading – The legislative process starts with the introduction of a bill in the house
of Parliament. The title of the bill encompasses its reads to the House of Commons. Second reading – The detailed on the bill is amended and debated in this stage. Then
MPs are voted weather this bill should proceed or not. The stage commonly use whip
system as to get members who can support potential parties. Committee stage – In that bill is referred to the house of common committee for detailed
examination. Report stage – The committee reports the debated and amendments; made them back to
the house. Third reading – In this stage, bill is represented to the house.
Implementation of statutory law: - Statutory interpretation – It is helpful in interpretation of different aspects through which
rules and regulations can be regulated in an adequate manner. Aid and support used by judge – The judge of the court is responsible in order to render
aid and support on some various major aspects i.e. judicial precedents, Oxford dictionary
etc.
 Rules of Interpretations – Many bills are implemented with an appropriate decision.
4

TASK 2
P3 Impact of law upon business organisation
Laws and legislation has a significant role in every business organisation. Governanment
creates various rules and regulations within firms are able to compete against each other. Along
with this, government authorities are changed their rules and frameworks regularly; they also
forces business as to change the way they operate. Commercial enterprises are keenly affected by
these governmental policies.
Key areas of government policy that impact upon businesses are stated as follow: - Occupation health and safety – This area is concerned about health, safety as well as
welfare of people who are working in the business organisation. The main goal of health
and safety law is to foster a positive, safe and healthy working environment as people can
work there in an effective manner (Cheeseman and Garvey, 2014). It also focuses on
primary preventions of hazards. Along with this, occupation health and safety is a
multidisciplinary approach that enables an individual to undertake their operations in the
way that causes least harm to their health. Workers compensation – it is form of insurance that serve a medical benefits, vocational
rehabilitation, wage replacement and further benefits to injured employees at work or
acquire an occupational diseases. These entities involve a specific group of staff members
who are covered under the relevant regulations by mitigating the financial burden
resulting from workplace injury. Business organisations needs to give special services to
their workers in order to provide them compensatory benefits. Equal opportunities – It is the main obligation of every business organisation is to give
equal opportunities to their all employees. This will helpful in motivating and
encouraging such persons. Opportunities can be in terms of – wages, salaries, incentives,
tasks, bonus and incentives.
 Harassment: It is the major issue of society that impact upon an individual's morals and
beliefs. In that, people are treated against social culture and behaviour; such activities
occurs in many companies. For that, firms need to regulate and follow some legal actions
that are accessible in reducing harassment situations.
B. Case study
5

The case study is all about 16 years old girl who was worked at fast food to cook fries at
a frying range. One day, during her working hours she slipped on water which was leaking from
an ice-making machine. It was instinctively put out her hand to break her fall; the situation met
with an accident. Simultaneously, her hand went into the hot oil and she sustained severe burns
to her left hand and forearm. At this day, there were less employees and Team leader was
focusing on other working activities rather than safety.
As per this above case study, it is founded that the staff members are owner of the
company are not concern for safety components. According to the business health law and
safety; this is an essential aspect of every business entities. First of all 16 year is not a age of
work; it is totally against towards government laws and regulations. Due to the carelessness of
management, a girl was faced major injury at workplace. The company is not using safety
measures into their operations. The company needs to adopt health and safety act 1974, that
provides a legal framework to encourage and endorse healthy and safety aspects in workplace.
TASK 3
P4. Legal solution for business problems
Case 1
It is required for the employees every business organisation is to follow some set of rules
and regulations. Firms have right as it can take necessary actions if an individual destroy human
as well as technical resources of the industry. Below mentioned some various dismissal
approaches: - Constructive dismissal: The situation occurs when an employee resign as a result of the
employer creating a hostile work environment (Coffee Jr, Sale and Henderson, 2015). For
example- when an employer makes the life extremely difficult for an employee, he is
attempting to have employee resign, rather than firing him. The owner is trying to effect a
constructive discharge. Fair dismissal – It is an claim to an employee tribunal. The employer has to show that
the reason for the dismissal. These reasons can be related with, the dis-capabilities of the
employee for performing the kind of work.
6

 Unfair dismissal: In this condition employees can be terminated without giving any prior
notice. But the function cannot be performed at organisations; they have to give proper
information before dismiss anyone.
Case 2
As per the insurance act, people can get a fixed amount at the condition of disputes.
Along with this, every business manager needs to take insurance plans as they can to face some
issues and problems. Mr. Den is the owner of mall store which was annihilated by fire. After
that, Den opens a new store at somewhere location and applies for fire insurance.
Solutions for above situations:
 The insurance company renders policies without any time bond.
 Den can fill the new policy form for his new store.
 It is the responsibilities of any insurance company is to give all instructions before make
a insurance.
 Den can also takes the benefits of government policies in which he get more returns.
P5) Justification for the solution
Each and every types of firm have to follow some major acts and laws. Effective
utilisation of these acts helps in providing guidances to business organisations as they can carry
out all legal components of the firm in the most lawful manner.
Employment act 1996: - ERA sets out the duties of employees in these situations i.e.
dismissal, parental leave, redundancy and unfair dismissal. The labour government has
developed an amendment to the act- strengthening the right of an employee in order to requisite
flexible working times (Czinkota, Ronkainen and Moffett, 2011). The employment act, 1996
states the main terms among employee and employers have to be recorded in written documents.
It will also given to the employee between two months of joining. Along with this, employees
are the valuable assets for the business firms and it is too difficult to prevent duties and
obligations to workers which are useful for them. Employment protection act 1975, employment
contract act 1963 and wages act 1985 are also encompasses in employment right act.
Section 94: According to this section, an employee can not be fired in wrong or illegal manner.
Section 95: As per the section, employers have right only in this condition if any staff member
breach contract than likewise he or she can be fired.
7

Section 96: Employees can be terminated in various situations but at the condition of unfair
dismissal they are terminated by any proper reason. The section is totally opposite of fair
judgement.
According to the case study, Calvin and Donna, their termination was not appropriate.
Because as per the employment law managers do not have any right to fired their permanent
employees without any reason. When Donna was checked the petty cash book she blamed all on
Calvin without doing any kind of investigation. In this case, a previously notice must give by the
manager to workers before 10 to 15 days of dismissal. Calvin has right to sue against his
employer.
In the case study of Kelvin and his father Den, they cannot deny for any insurance claim
by the government insurance law. Additionally, they are only refuge to pay claim in one4
situation if related information was conveyed in an proper manner. Along with this, this is
essential for the company and buyers is to share all necessary information so as they would not
face any problem in future.
TASK 4
P6. Concept and advantages of using ADR process
Alternative dispute resolution is too indispensable aspect for every business organisation.
It is helpful in order to provide direction in order to resolve disputes among buyers and supplier
or traders without any involvement of court. As per the given case study, Antwon and Tyrell has
a conflict for very long term period and there is no solution is founded. Both are putting wide
range of efforts to solve their issue so as they can functioning each and every activity of the firm
(Dickerson, 2011). They can go to an Alteration dispute declaration, it helps them in: -
 Reducing extra expenses related with court.
 It is accessible to people avoid going to court cause the terms and conditions of court are
too impulsive.
 Decreasing cost of paying amount to lawyers. It renders more flexible and quick results than courts.
Advantages and disadvantage of ADR:
Advantages Disadvantages
It helps in rendering quick responses so as can All types of ADR are not quick, in complicated
8

be solves within a weak or days.
In the term of ADR some efforts and secheme
are free.
situations it might be given lates results.
CONCLUSION
As per the above mentioned report, it has been founded that every business organisations
needs to follow some laws and acts in order to perform their working activities in an adequate
manner. In this present assignment, various laws and legislations are explained in the precise
manner. These legal legislations has an huge impact on the performance of business entities and
employees also. There are various government laws that are helpful in providing benefits to
organisations and workers; it gives them justice. Along with this, the report has described the
effectiveness of ADR that is assistive in providing best possible products and services to
customers.
9

REFRENCES
Books and Journals
Bagley, C. E. and Dauchy, C. E., 2011. The entrepreneur's guide to business law. Nelson
Education.
Berger-Walliser, G., Bird, R. C. and Haapio, H., 2011. Promoting business success through
contract visualization.
Bovée, C. L. and Thill, J. V., 2014. Business in action. Pearson Higher Ed.
Bowie, N. E., 2017. Business ethics: A Kantian perspective. Cambridge University Press.
Cameron, P., 2017. International Energy Investment Law: The Pursuit of Stability. OUP
Catalogue.
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Coffee Jr, J. C., Sale, H. and Henderson, M. T., 2015. Securities regulation: Cases and materials.
Czinkota, M., Ronkainen, I. A. and Moffett, M. H., 2011. International business. Wiley.
Dickerson, C. M., 2011. Informal-Sector Entrepreneurs, Development and Formal Law: A
Functional Understanding of Business Law. The American Journal of Comparative
Law. 59(1). pp.179-226.
Ellison, N. B. and Boyd, D. M., 2013. Sociality through social network sites. In The Oxford
handbook of internet studies.
Eren, S. S., and et.al., 2012. Caching message fragments during real-time messaging
conversations. U.S. Patent 8,255,473.
Folsom, R. H., and et.al., 2012. International business transactions: a problem-oriented
coursebook. ThomsonReuters.
Fragomen, A. T., Del Rey, A. J. and Bernsen, S., 2011. Immigration Law and Business (Vol. 3).
Clark Boardman Company.
Hammond, K. J., 2012. Case-based planning: Viewing planning as a memory task. Elsevier.
Hayden, G. M. and Bodie, M. T., 2012. The Bizarre Law and Economics of Business Roundtable
v. SEC. J. Corp. L., 38, p.101.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Latimer, P., 2012. Australian Business Law 2012. CCH Australia Limited.
Mallor, J., and et.al., 2012. Business law. McGraw-Hill Higher Education.
Mann, R. A. and Roberts, B. S., 2011. Smith and Roberson’s business law. Cengage Learning.
Miller, R. L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
Munch, S., 2012. Improving the benefit corporation: How traditional governance mechanisms
can enhance the innovative new business form. Nw. JL & Soc. Pol'y, 7, p.i.
Reed, O. L., and et. al., 2013. The legal and regulatory environment of business (p. 328).
McGraw-Hill/Irwin.
Rutledge, T. E., 2014. A Corporation Has No Soul—The Business Entity Law Response to
Challenges to the PPACA Contraceptive Mandate.
Shum, P. K. and Yam, S. L., 2011. Ethics and law: Guiding the invisible hand to correct
corporate social responsibility externalities. Journal of business ethics.; 98(4). pp.549-
571.
10

Online
What is the Structure of the UK Court System? 2011. [Online]. Available through:
<http://new.justcite.com/kb/editorial-policies/terms/uk-court-structure/>. [Accessed on
5th August 2017].
Aspects and Knowledge of Business Law, Its Importance, 2013. [Online]. Available through:
<http://www.lucidlaw.ca/aspects-knowledge-business-law-importance/>. [Accessed on
5th August 2017].
11