Law and Business Essentials

This assignment delves into various aspects of law and business, including corporate governance, international business laws, and alternative dispute resolution. It covers key concepts, skills, and best practices in organizational behavior, as well as the influence of user-generated content on traveler behavior. The assignment also touches on the impact of US progressivism and China's new laissez-faire on the developing world.

Business Law

INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of English legal system and sources of laws..........................................................1
P2 Role of governing bodies in making law and application of statutory law in court..............3
SECTION 2.....................................................................................................................................5
P3 (a) Employees legal obligation..............................................................................................5
(b) Effect of employment and contract law upon business.........................................................6
SECTION 3......................................................................................................................................7
P4 Effective legal solutions for business problems.....................................................................7
P5 Justification............................................................................................................................7
SECTION 4......................................................................................................................................8
P6(a) Concept and advantages of alternative disputes resolution...............................................8
(b) Recommendation...................................................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Law set the rules regulation and compliances which is enacted by government authorities
in order to make the environment of particular country free from crime and terrorist attacks.
These norms decide the boundary line of residence person of that particular country and
individuals cannot break these compliance otherwise leads to higher penalty and punishments
(Bagley, 2010). Therefore, business law described all the norms, compliance and the procedures
made by appropriate authority which mandate for all the corporates in order to smooth running
of business. Various different laws in distinct fields like company law, labour law, accounting
and financial law that define all the limits, formalities which need to adhere by all the
organisation in order to maintain good reputation in particular society. Further laws prescribed
the name of appropriate bodies that individuals have to communicate in case of any inconvience
or injustice happen in particular business. All the above laws show all the rights, liability of
employees at the time of working in particular organisation.
SECTION 1
P1 Structure of English legal system and sources of laws
It is said that legal policies gets expansion from different countries, including English
regions. Advantage of this system is that doctrine of judicial precedents it means that judge can
not change the decisions provided by various courts. There is provision to safe guard the interest
of society, it includes different tribes (Bodie, Kane and Marcus, 2014). In English legal system,
there is more importance to decision of high court and other lower courts are abide by the orders
of supreme court. It means that higher court is superior in hierarchy so it makes other tribunals to
follow its decision, as they are final and over.
At next level tribunal is again divided into two segments. They are:
Civil law: This court deals with day to day issues occur in businesses and offices. These
disputes are settled with some compensation or payment of loss. In case of any consumer
dissatisfaction or product or services not up to the mark then consumer can file its petition in
civil court. Civil court is also divided into two parts:
Statutory law: Disputes related to consumer and distributors are covered under it.
Non-Statutory law : In this, the acts that are considered as wrongful, nuinsance and is also not
going as per contract is covered.
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Illustration 1: Hierarchy of English law
(Source:- Hierarchical structure of English structure, 2017)
Criminal Law :- This law is applied when an individual does any kind of crime which is against
the society. In this case basically, criminal lawyers are hired who takes the case and does all
kinds of interrogation and applies the criminal law in order to punish the criminal (Crane and
Matten, 2016). Crimes can be of any kind like Murder, kidnapping, honour killing etc.
Sources of Law: It means from where the law is originated. It basically mentions the
rules, regulations, beliefs associated with the law and which was amended by English Legal
system. Along with this, the another motive that can be achieved by knowing the source of law is
the reason because of which the act was introduced as it is believed that there is story behind
introduction of each and every law. So, various sources of law are as follows :-
 Statutes – It includes those acts that are brought by the members of parliament so as to
take care of overall society. The parties that are included in this are the Judicial bodies
from UK legislature assembly and parliament as well. One of the law that was brought up
for the people living in society are like 'Employment Right Act', 'Equality act' etc.
Customs – It includes the rules and regulations that are made by the government and which are
required to be followed by everyone loving in the country (DiMatteo, 2010). It includes different
culture of people who have come from different religion.
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 Treaties – These are classified as the protocols that needs to be followed by every person
who is living in the country. They are having the power to amend the laws that are put up
in the society.
Illustration 2: Sources of Law
(Source:- Sources of law, 2017)
So, along with this there are several more sources of law that can be implemented so as to
improve the condition of society and bring it under control of the government so that it cannot be
destroyed.
P2 Role of governing bodies in making law and application of statutory law in court
Government plays vital role while making laws for overall nation after considering all
the facts, figures and data of that particular country. Statutory and legal compliances are enacted
by parliament body through passing bill which was presented in front of Parliament members. In
fact appropriate practises are followed by legislature before making any law and collect
necessary data in order to make bill enforcement more effective (Eren and et. al., 2012). General
assembly is a highest legislative body in united kingdom which are responsible in examining the
overall performance of business. Further these bodies have authority either to alter and pass new
laws or improvement in previous laws for better implementation and effectiveness.
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Also, the people who are working in parliament is also having the authority to sanction
the laws that is formed by the judicial bodies and negotiate the laws as well (Foss and Knudsen,
2013). Therefore people who are elected as MP makes a party which is also called as House of
lords where decision-making is done by consent of each and every member. Basically a bill
become legal Act when it is selected by all MPs as well as house of lords. Therefore proper step
must be followed by advisory bodies while making law in prescribed manner:-
 Bill:- it represent the basic details of Law which are segregated in public, private member
bills.
◦ Public bill- It impact on entire nation which is presented by cabinet for reforming the
laws of country and goes further through green papers.
◦ Private members bill :- These bills are coined by members of parliament who sits at
the back.
◦ Private bills:- Introduced by units of local authority, public firms and other large
public organisations.
 First Reading – Here, the task is to read the title of the bill by members of common
house.
 Second Reading – In this stage, proper negotiation and debate takes place in the
parliament and then later on after the discussion the members are told to vote according
to their wish that they want the bill to be passed or not.
Committee Stage :- Here, at this stage the agenda that was presented inside the house is checked
in a detailed manner so that it can be understood that what is the need for which the bill is
prepared (Grundfest, 2010). Here, the government is trying to realise the importance of
conducting this checking session.
 Report Stage – In this step, discussion and voting system has now been started inside the
committee.
 Third Reading – Now, In this stage the bill is again presented in front of house of
commons so that a short negotiation takes place and decision can be taken finally.
 House of Lords – In this, the bill is again sent to the general assembly so as to assess all
the above explained changes.
 Royal Assent – This is the stage where the monarch will finally pas the bill in an official
manner and then making it a part of parliament as well (Johnson, 2013).
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 Delegation Legislation – Now that the bill is passed and the law is implemented, the
government bodies have to know distribute powers between officers and deserving
candidates as well.
SECTION 2
P3 (a) Employees legal obligation
Employees are considered as the most valuable asset for every organisation. It is because
all the activities are being conducted and managed by them only. So, various obligations that are
being implemented on employees by the government bodies are as follows :-
 Occupational health and safety act – It is the act that is implemented on the individuals
that are working at a workplace in which the main concern is regarding their security,
well being and development. As per this act, the top level management is required to
ensure that the work environment is free from any type of danger and the employees feel
protected as well. Thus it is compulsory to apply this act in all the companies so that
worker's safety is enhanced.
 Workers Compensation – This is a type of benefit that is offered to the employees apart
from salary. It can be in any form like allowances, medical benefits, extra pay, job
security etc. So, this act was totally focussed on offering extra income to employees who
are performing exceptionally well inside the company (Kinicki and Kreitner, 2012).
 Harassment – This act was developed mainly tom protect the employees exploitation,
malpractices and fraudulent activities that normally takes place inside the work
environment. So, this is the reason companies are told to apply this act so that the
employees does not have to face any such kind of activity while working. This will help
in making the employees relaxed and protected.
 Equal Opportunities – This act was enacted for the supervisors of the company. This
act act is applied so as to make sure that all the employees are given equal treatment
inside the company. Also, they are not allowed to do any kind of discrimination on the
basis of colour, caste, gender etc. This will help in making the work environment much
better.
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(b) Effect of employment and contract law upon business
According to given case study a young girl of 16 years old is appointed by an
organisation for making fast foods but at the time of performing her job she met with an accident
which is not taken seriously by the management team of enterprise (Mann and Roberts, 2011).
The whole accident occur at the time when she busy in her work and she slipped on water
leaking from an ice making machine due to which her head went into the deep fat fryer container
consist of hot oil and faces severe burns to her left hand and forearm. The girl which was
appointed is not come under the criteria of employment. Therefore, in the eye of law this whole
incident is illegal and void which is done by the supervisor of an organisation. According to law
most probably all the activities taken place is illegal and void in the eye of law which is
described below:-
 the first thing concern under this case the girl appointed for making fast food is minor and
not eligible for performing job at work place. Therefore recruitment of girl is not correct
and unlawful in eye of law.
 Secondly, after appointing this girl whole management team of organisation ignored the
hazardous accident occurred. It is clearly known the whole incident take place under the
premises but lack of safety and security caused severer injury to that girl.
 The most disgusting thing happened in organization is careless behaviour of manager
who take this incident lightly. This shows the organisation unethical behaviour and down
the reputation of company in the eye of shareholders.
Therefore, by considering the whole scenario it is mandate for organisation to follow all
the Laws related to employment safety which enacted by local bodies to protect the interest and
risk associated to life (Nichols, 2012). Further, company require to focus on employment Act
and contract law that define the eligibility of person capable for employment. In contract Act 18
year is considered legal age for entering the person in contract. All above laws encourage
organisations for offering best opportunity to workers which are performing at workplace. Apart
from it appropriate authority forms numerous laws, belief, compliances and regulation which
need to adhere by all business organisations. Thus injured girl is eligible to sue against company
and right to get adequate compensation due to loss occurs from injury.
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SECTION 3
P4 Effective legal solutions for business problems
In the case study, it is mentioned that Calvin is an employee who is working in a fashion
house along with three more people who are his colleagues as well and Donna is appointed as a
supervisor of these employees (Robson, 2010). One fine day she just checked her petty cash
book in which she saw that the cash available were not properly balanced. She also noticed that
Calvin as behaving suspiciously. So, without even checking anything she just dismissed him
from the job saying that she does not any thief to work here anymore. Therefore according to
law, this is a clear ce of unfair dismissal in which the person is removed from his job without
giving any major and relevant reason. So, in this case Calvin can make use of the Employee right
act and sue Donna on account of unfair dismissal. There are some more solutions that are
presented so as to resolve the business issues. They are as follows:-
 They can appoint a research team so as to find out the truth about the whole issue by
checking the CCTV camera or interrogations etc.
 Collection of relatable facts and findings will also help.
In this case , it will also be checked that Donna has not done ant kind of discrimination i
between the employees.
The other case study discussed here is about the claim which is done on insurance
company in order to receive the recovery amount. In the case scenario, There is a shop which
Kelvin’s father owns but it is destroyed in fire so they have opened their another store in
different location and then they again applied for insurance company. The main aim that is
associated with this case is that to recover all the wastage amount of company and try to acquire
more an more amount of money by showing various types of facts and figures.
P5 Justification
As per the given case studies all the solutions that are being provided is very much
appropriate and relevant and is able to resolve the problems in an effective manner. Here all the
relevant facts and figures that are being collected is also being considered (Siedel and Haapio,
2010). The sudden decision taken by Donna will definitely affect her work environment and her
personal life as well. So, it s very much necessary that Donna should have first tried to know the
truth then point out someone but this false allegation was a very wrong and unethical act. The
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solution that was presented here was about investigating and collecting proofs was very good as
then only Calvin can prove his innocence.
In the other case study, the discussion was about the insurance money. Here, Kevin’s father
is also trying to resolve the matter by doing out of court settlement and are trying to recover
maximum amount of money from the claim (Snyder and Deaux, 2012). Thus at the end as per
above assessment it has been understood that solutions which is adopted by both the case study is
very much appropriate and suitable in resolving their issues or barriers faced by them.
SECTION 4
P6(a) Concept and advantages of alternative disputes resolution
ADR is a very famous method tat s used by companies so as to resolve their matters related
to disputes or any kind of conflicts between two parties. It is also called as an external way of
removing the obstacles applied in various other countries as well. It has also been said that ADR
is accepted by the whole society and general public as well. So, if alternative dispute resolution
is applied inside an organisation then they can resolve any matter by taking this into
consideration who will bring out all the hidden truth in front and finish the hole matter. This
technique takes helps of various tools so as to solve the issues between different parties. These
tools are :
 NEGOTIATION – Here there is no role party as both the parties who are involved in the
conflict try to resolve their issues by discussing their points and putting the relevant facts
and figures in front as well and try to come at one point where tey bith agree.
 MEDIATION – Here, third party is present who performs the work of transferring the
message of party to another and then trying to resolve the matter by making them
understand the defects of this conflict.
(b) Recommendation
As per the given situation it is analysed that Antwon and Tyrell is doing their business
from a very long time. An issue arise in their industry which is taking long time to get resolved
and this is the reason why both the parties is arguing (Spalding, 2011). So, they are being
suggested to use the arbitration process so that the most suitable situation should be chosen for
the company. The arbitrator who will be appointed will have to listen to each and every party’s
point of view and then solving the problem by giving a favourable solution that is acceptable to
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both the parties. This will help them in doing their work again and their relationship will also not
be affected.
At last it has been understood that alternative dispute resolution is one of impressive strategy for
minimizing fights between parties. Therefore it can be concluded that Antwon and Tyrell has to
adopt arbitration scheme of ADR (Swartz, Cole and Shelley, 2010).
CONCLUSION
It has been concluded from the whole report that Laws are the inseparable part in
corporate business without which no business considered as legally operated organisation. In
order to maintain the sustainability in external market company require to adopt ethical practises
in their working culture. Further corporates need to focus on corporate social responsibility if
they are coming in prescribed limit which increase their brand equity. Basically with the help of
norms, rules and regulation a healthy competition is maintained in order to avoid trade
malpractices, black marketing etc. Apart from it basically it discuss all the corporate laws which
followed by organisation in order to attain organisational objectives. Therefore, it has been
clearly understood that business laws play prominent role in protecting the interest and rights of
working employees by securing them from the exploitation of company. Moreover it's a
controlled mechanism for all the corporates who try to use unfair practises for earning huge
profits in short term basis.
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REFERENCES
Books and Journals
Bagley, C.E., 2010. What's Law Got to Do With It?: Integrating Law and Strategy. American
Business Law Journal. 47(4). pp.587-639.
Bodie, Z., Kane, A. and Marcus, A.J., 2014. Investments, 10e. McGraw-Hill Education.
Crane, A and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
DiMatteo, L.A., 2010. Strategic contracting: contract law as a source of competitive advantage.
American Business Law Journal. 47(4). pp.727-794.
Eren, S.S and et. al., 2012. Caching message fragments during real-time messaging
conversations. U.S. Patent 8,255,473.
Foss, N.J and Knudsen, C. eds., 2013. Towards a competence theory of the firm (Vol. 2).
Routledge.
Grundfest, J.A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law. The Business Lawyer, pp.361-394.
Johnson, L., 2013. Unsettledness Delaware Corporate Law: Business Judgment Rule, Corporate
Purpose. Del. J. Corp. L., 38, p.405.
Kinicki, A and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Nichols, P.M., 2012. The business case for complying with bribery laws. American Business
Law Journal. 49(2) pp.325-368.
Robson, R.A., 2010. Crime and punishment: rehabilitating retribution as a justification for
organizational criminal liability. American Business Law Journal. 47(1). pp.109-144.
Siedel, G.J and Haapio, H., 2010. Using proactive law for competitive advantage. American
Business Law Journal. 47(4). pp.641-686.
Snyder, M and Deaux, K., 2012. Personality and social psychology. In The Oxford handbook of
personality and social psychology.
Spalding, A.B., 2011. The Irony of International Business Law: US Progressivism, China’s New
Laissez Faire, and Their Impact in the Developing World.
Swartz, L.B., Cole, M.T and Shelley, D.J., 2010. Instructor satisfaction with teaching business
law: Online vs. onground. International Journal of Information and Communication
Technology Education (IJICTE). 6(1), pp.1-16.
Ye, Q and et. al., 2011. The influence of user-generated content on traveler behavior: An
empirical investigation on the effects of e-word-of-mouth to hotel online bookings.
Computers in Human Behavior. 27(2). pp.634-639.
Online
Alternative dispute resolution (ADR). 2017. Available through
<https://www.citizensadvice.org.uk/consumer/alternative-dispute-resolution/settling-
out-of-court/>.
Alternative dispute resolution. 2017. Available through
<https://www.businesscompanion.info/en/quick-guides/consumer-contracts/alternative-
dispute-resolution>.
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Bagley, 2010Bodie, Kane and Marcus, 2014Crane and Matten, 2016DiMatteo, 2010Eren and et.
al., 2012Foss and Knudsen, 2013Grundfest, 2010Johnson, 2013Kinicki and Kreitner, 2012Mann
and Roberts, 2011Nichols, 2012Robson, 2010Siedel and Haapio, 2010Snyder and Deaux,
2012Spalding, 2011Swartz, Cole and Shelley, 2010 Ye and et. al., 2011.
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