Business Law Report

This report delves into various aspects of UK business law, covering key legislation such as the Companies Act 2006, Contract Law, and Employment Law. It examines the process of law-making in the UK, highlighting the roles of Parliament and the courts. The report then applies these legal principles to several case studies, analyzing scenarios involving company incorporation, employee rights, contract breaches, and insolvency. Specific examples include advising on the incorporation of a private company, assessing an employee's rights in a discriminatory work environment, and determining liability in a contract dispute. Finally, the report explores the differences between institutional and ad hoc arbitration as methods for resolving business disputes. The overall aim is to provide a comprehensive understanding of how business law impacts organizational operations and the resolution of legal issues.

Business law
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TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................3
TASK 1............................................................................................................................................3
1....................................................................................................................................................3
2....................................................................................................................................................4
TASK 2............................................................................................................................................5
3....................................................................................................................................................5
1)..................................................................................................................................................5
2)..................................................................................................................................................6
3)..................................................................................................................................................6
TASK 3............................................................................................................................................7
4....................................................................................................................................................7
5....................................................................................................................................................8
TASK 4............................................................................................................................................8
6....................................................................................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
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INTRODUCTION
It is regarded as important for each business in order to comply with the rules as well as
regulations that are applicable under the particular legal framework. In order stay within
consistency with the legal provision it is significant for the business to be updated with the
prevailing laws and the amendments that being employed on them (Ortiz and Viscasillas, 2012).
In this regard the study initially make introduction of English legal systems in addition to the role
played by the regulatory authority and courts while evolution of the laws. In this relation the
impact of several laws on the operations and organizational functioning is being exemplified, in
order to offer better understanding of the laws that are related with firm.
TASK 1
1.
The main source of laws as well as laws that organization needs to comply are
enumerated in the manner stated as under: Legislations/Statutes: This is considered as one of the main authentic sources of law.
This is the legislation which is enacted by the UK parliament. It is considered as direct
source that is addressing all the aspects relating with law. For example, Insurance Act,
Contract law, Health and Safety at Workplace Act, Companies Act 2006 and etc. Common Law or the Judicial Precedents: The structure of such law is being established
based upon the basis of principles stated in several cases that are decided by English
courts. For instance Tort law.
 European Union Law: The laws prevailing within the European union are applied on the
English law system and thus several aspects of law determine their origin from EU law.
English law are being deduced by the means of directives as well as EU regulations.
The primary laws that regulate the operations of the organization are stated as below: Company law: This law of nation is governing the activities of the firm, from the
inception to the regular actions. Organization is regarded as means with which firm can
operate and determination of varied market forces is done (Padhi, 2014). Thus the statute
makes sure that all the firm operates in the legal boundary in order to ensure healthy as
well as systematic market.
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 Contract law: It is the law that is governing agreements of business that are being entered
into among the parties so as to conduct the varied activities in accordance with the
business. It offers the manner in which the contract needs to bind the parties and other
relating aspects from entering into contract.
 Employment law: Organization's establishment towards conducting the business needs
employment of employees in accordance with need. Thus it arises relevancy of the laws
related with employment for regulating relation among the employee and employer.
Along with this to bind the employer for provision of healthy as well as secured place for
work.
2.
The procedure of making law within UK includes several stages as well as number of
participants. The government role is initial stage in the whole procedure in which its engagement
is restricted towards development of proposal. The proposal is majorly based on the aim towards
addressing specific problem that has been prevailing in the society for longer period of time or
for the sake of shaping the society. This proposal is being evolved by the regulatory authority
after studying as well as analysis of several aspects of issues or requirement towards shaping the
society in specific way. Such proposal can be referred to as government policy that is being
introduced within the parliament by ministers in a kind of bill. Another major role that is played
by government is under delegated power (Plimpton, 2011). Acts that are being passed by the
legislation can impose the government ministers with the power delegated to issue orders, rules
as well as regulations in particular subjects. This in turn leads into part of the law that is
regulating the nation in form of secondary or subordinate legislations.
The statues of nations as well as common law determines a simultaneous as well as
parallel application within justice courts in order to determine the rights as well as obligations of
parties that are engaged in the particular cases. Statutes or legislations are main laws of nations
that are being devised by parliament in order to regulate several aspects of society. They offer
provisions that is governing particular acts of natural and artificial person so as to maintain
effectiveness within the legal system. While making decision of case the action of parties are
assessed based on the parameters that are developed under the provisions of several employed
statutes. On interpreting such provisions of law, verification is done about the legality of actions
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to increase liability of person for specific action. For example the negligence principle is laid
down by the court under Donoghue v. Stevenson (1932), and this holds goods within the court of
law. In contrast to this breach of contract will call for particular provision of the contract act.
Thus based upon two actions the legality of actions is determined by the court.
TASK 2
3.
1)
Jill and Ben needs to effectively undertake the particular stages for incorporation of
private company in order to run the business in fashion design.
Registration needs to be made in the Companies house in order to incorporate the firm as
per the provision of Companies Act 2006. The name of company is required to be determined
with the address of place from where all the operations of organizations needs to be carried out.
The firm needs to have atleast one director as well as one shareholder (Boldrin and Levine,
2012). Along with this memorandum of capital as well as statement of capital needs to be
attached with application of commencement. Further article of association has to be attached and
devised. Information related to individual with particular control in the organization has to be
offered. The SIC Code that determines the corporate functions is needed.
After the application regarding establishment is made with the house of Companies in
addition to all the requirement the company needs to be registered and provided with Certificate
of incorporation (UK, EU & US Copyright Law, 2014). With this certificate the private limited
business of Jane and Bill would come into existence. When determining the name of business the
company need to keep the aspects which are as such:
 Unique name and must not be similar with business that are already existing.
 The end name needs to be either with limited or Ltd.
 The name needs to be comprised of barred characters, symbols or punctuation marks.
 The name is not being permitted to make establishment of connection with any type of
public authorities of nations or HM government.
 Including sensitive terms in the name needs particular permission.
The firm needs to adhere with above mentioned requirements for the sake of establishing
the firm. In case of failure to comply by any provision the firm cannot be incorporated.
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2)
In the present scenario Bianca can take support from employment laws of nation that
essentially governs contract of employment, discrimination activities, unfair dismissals etc. As
per the stated facts Bianca has been mandates by his employer for discriminating between the
customers based on their country. In other words customers of Spain needs to be instructed to be
entertained by Bianca. The distinction basis against the Spanish consumers is not valid as per the
stated facts as well as situation. Thus Bianca possess the right to protest against the same and
does not comply with instructions (Cornish, 2012). Further in case she is not satisfied with the
way of working then she possess the right to make termination of association with the
organization. However at such instance the employment contract needs to be verified as well as
Bianca is bound by every terms of this contract. Thus any provision prevailing to service
termination needs to be adhered by Bianca. This is significant o note that Bianca herself is not be
sustained any harm from the actions of the employers and thus there is no direct implications of
laws related with employment in present case.
3)
As per the fact of case Jill and Ben enters within the contract for making supply of blach
t-shirts to Martin. This was being agreed further that delivery is delayed by two days. Further the
delivery made is not as per the description as pink t-shirt was delivered as against the particular
black t-shirts.
Based on analysis of facts it can be stated that time is important part of contract and this
has to be communicated to Bill and Jane while entering into contract. Thus the fact that delivery
was delayed by two days makes Bill and Jane liable under the Consumer Rights Act 2015. As
per Section 19 of this act, consumers possess the right to make rejection under section 20, 22 as
well as 24 of the act (Gill, 2015). Under such section goods that are not as per the description or
that are delivered late where time is important for the contract. Moreover section 23 offers the
rights to repair or replacement that is exercised by customers within event of any breach from
end of seller.
With respect to particular provision it is presented that company of Bill as well as Jane is
in breach of section 10 as well as 11 of Act as goods supplied were not fit for the particular
purpose that is being informed by seller.
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TASK 3
4
The case is related to the contract and the contract is terminated due to the particular
reason. As per the present case there is two parties between them contract is made. The two
parties are Fabian and Big House Ltd. In this case the contract is made for converting the old
restaurant into the house of three bedrooms. Here the Fabian is a builder and Big house Ltd is a
customer (Miller, 2016). The contract is wind up or terminated due to illness of the builder and
completing the work. Here creditor is Donald bank and liquidator is Lauren. Suggestion to the
Lauren and Big House Ltd is given as below:
 As per the given case and company law it can be advise to the Big house ltd in order to
make the payment is that, the big house ltd has to pay amount to the Fabian who is a
builder. As per the case the builder falls ill, and unable to complete the task. The situation
is unpredictable so the company have to pay the amount for the work which is done from
the builder. When there is situation is unpredictable then company have to pay for the
work which he did.
 As per the present case Lauren is a liquidator who appointed for the covert the assets and
liabilities into cash. Creditor is Donald bank (Fenwick, 2014). According to the
insolvency act 1986, in this case the big house ltd is insolvent because it is now unable to
pay debt which it takes from Donald bank. The assets and liabilities are should be
distributed as per the amount of debt and charges. Here the value of premises is lesser
than the amount of debt. So, as per the insolvency act 1986, all the assets of big house ltd
are should be distribute to the creditor. If Lauren distribute all assets to the creditors then
also the debt amount will not be cover, so it can be advised to the Lauren that all the
assets should be distribute to the Donald bank.
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In the above part the advises are given to the big house limited and to the Lauren who is
liquidator of the bank. Advise is given to the big house limited is that the amount should give to
the builder up to the work which is done by him (Uysal, 2014). Justification behind advise given
to big house ltd is that, the termination of contract is due to certain incident and the incident is
unpredictable for both the parties such as builder and big house ltd. The builder is falls ill and he
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is not known that the situation will occur. He puts his effort to do work and he removes the doors
and tiles and all of old restaurant and cover the restaurant in rubble to construct a three bedrooms
house. Due to give efforts for the work up to this level this advice is to be given to big house
limited. The work is not done because of illness which is not predictable and known situation.
So, the advice to give payment is given to the company. Another advice is given to the Lauren ho
is liquidator. The advice is that all assets of company should be distributed among the creditors.
Justification behind the advice is that advice given according to the insolvency act, 1986
(Oswald, 2014). The value of premises is less in comparison to the amount of debt which is
taken by company from Donald bank. The Donald bank is charging fixed amount, apart from this
cost and expenses are also there of the liquidator. From assets of the company even debt value is
also not covers, so the liquidators should distribute all the assets to the creditors after deducting
his cost and expenses.
TASK 4
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Difference between institutional and ad hoc arbitration
 In the present case the seller is not completing the contract with the buyer. Buyer gives
another chance to the seller to deliver contract but still seller not deliver. Due to this DM
motors who is buyer have the loss worth £50,000. As per the law of breach of contract
legal rights of the seller Jackcson Ltd. It can be advice according to the law that seller
have to pay the amount of worth £50,000 to the buyer, because loss occurs due to not
delivering contract on time. Hence, the company have to fulfil the loss of buyer as per the
breach of contract.
 As per the arbitration acts there are to ways to solve the dispute using arbitration. The
two ways to solve dispute using arbitration are such as institutional arbitration and ad hoc
arbitration (DeStefano, 2014). Institutional arbitration is using for resolve the formal
dispute while ad hoc arbitration is using to resolve the less formal and informal disputes.
In the institutional arbitration there are various rules and regulations are to be followed
while in another arbitration there is not any rules and regulations are to be followed. The
institutional arbitration is not flexible and all the arbitration rules apply on it, on the other
hand in the ad hoc arbitration is flexible and the party is not abided by any arbitration
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rules. The party and arbitrators both are free from the rules of the act. Institutional is very
expensive while ad hoc is less expensive in comparison to another arbitration (Portera,
2014). Fees of the ad hoc arbitration is negotiable by parties but fess of the institutional
arbitration is not negotiable by the parties.
CONCLUSION
From the above report of business law it can be articulated there every firm has to follow
proper laws in their organization. There are various business laws which apply on the
organization according to various scenarios. It can be concluded that various laws such as
company law, European law, employment law etc. are to be followed to the firm to solve
business problems. It can be summarized that the breach of contract law, insolvency act, 1986,
arbitration acts etc. Used to resolve disputes and problems. To resolve breach of contracts,
institutional and ad hoc arbitration are also used by the organization.
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REFERENCES
Journal and Books
Bird, R. C., Cahoy, D. R. and Prenkert, J. D. eds., 2014. Law, Business and Human Rights:
Bridging the Gap. Edward Elgar Publishing.
Boldrin, M. and Levine, D. 2012. The case against intellectual property.American Economic
Review, pp. 209-212.
Cornish, G., 2012. Dictionary of Intellectual Property Law. Reference Reviews. 26(2). pp.13 –
14.
DeStefano, M. B., 2014. Creating a Culture of Compliance: Why Departmentalization May Not
Be the Answer. Hastings Business Law Journal. 10. p.71.
Fenwick, M. ed., 2014. Networked governance, transnational business and the law. Springer.
Gill, J. 2015. Business Law for the Entrepreneur. Arima Publishing.
Miller, R. L., 2016. Business Law Today, Comprehensive. Cengage learning.
Ortiz, R. I. and Viscasillas, P. P. 2012. The scope of the Common European Sales Law. B2B,
goods, digital content and services. Journal of International Trade Law and Policy. 11(3).
pp.241 – 258.
Oswald, L. J., 2014. Simplifying Multiactor Patent Infringement Cases Through Proper
Application of Common Law Doctrine. American Business Law Journal. 51(1). pp.1-69.
Padhi, K.P., 2014. Legal aspects of business. PHI learning pvt.ltd.
Plimpton, L., 2011. Business Contracts : Turn Any Business Contract to Your Advantage.
Entrepreneur Press.
Portera, A., 2014. Intercultural competence in education, counselling and psychotherapy.
Intercultural Education. 25(2). pp.157-174.
Uysal, G., 2014. Taylor, HRM, strategic HRM with jobs, employee performance, business
performance relationship: HR governance through 100 years. International Journal of
Business and Management Studies. 6(1).
Online
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UK, EU & US Copyright Law. 2014. [Online]. Available through:
<http://www.kcl.ac.uk/prospectus/graduate/uk-eu-and-us-copyright-law/print>. [Accessed on
16th December 2016].
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