Resolving Business Disputes Effectively

This assignment delves into methods for resolving business problems and commercial disputes. It highlights the importance of adhering to legal and industry standards to minimize legal liabilities for businesses. The document examines various dispute resolution mechanisms and encourages organizations to adopt compliant approaches for successful conflict management.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
P1 Sources of legislation that an enterprise need to comply.......................................................3
P2 Function of legal authority in law making.............................................................................5
TASK 2............................................................................................................................................5
P3 Impact of legislations and regulations on business................................................................5
TASK 3 ...........................................................................................................................................7
P4 Appropriate solution for wide range of problems being faced by organisation....................7
P5 Justification related to the legal solutions..............................................................................8
TASK 4............................................................................................................................................8
P6 Solution based on Country legal system................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
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INTRODUCTION
Legislation is refers to as set of code of conduct formed by the government considering
the problems faced by people and various industries or organisation in the country. Business law
is defined as set of regulations that are developed by the legal authority for restricting the unfair
trade practices,The several objectives of these laws are to assist an enterprise in resolving
disputes, maintaining social order, stabilising of economy, preserve as well as protect and
implement community value. The effective legislation is such that which has potentials of
bringing change in order to respond the needs as well as expectation of society and business.
The report has emphasized on explaining the English legal system and recognising the
impact of legislation and regulations on organisational activities. Project will highlight some of
alternative disputes mechanism method that can be utilised by the companies for resolving
disputes.
TASK 1
P1 Sources of legislation that an enterprise need to comply
English legal system is a general legislation in the legislative system that is formed by the
government for regulating the laws of Wales and England. The English legal system mainly
consists of civil and criminal law. Every branch in the English legal system has its own courts
and procedures for handling as well as managing law suits. The structure of this legislative
system comprises common law, civil, criminal, common , civil law, legal and industrial norm as
well as regulations. This legal system has hierarchical structure in which the decision made The
characteristics of English legal system is that this system does not consist of any formal codes.
Laws in English legal system are much influenced by the regulations and norms in European
legal system. Criminal legislations are related with handling the law suits related to crime. These
are the offences which are unethical act conducted by an individual with the intention to harm
other people in the society. Civil law is formed by the government for assisting organisation in
solving industrial or commercial disputes. This types of conflicts can take place between
employee -employer, consumer- shopkeeper, supplier – retailers etc. Torts particularly that
includes defamation, breach of contract, negligence etc. are considered as civil crime. Such form
of subject matters are to be handled as well as managed by the civil courts. In English eagle
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system the decision made by the supreme courts are binding upon all the tribunal (Trad and
Kalpić,2018)
The important sources of some legislation in English legal system are:
Common Law-These legislation or regulations are developed by the judges in the court
considering the decision made in the existing law suits.
Statutory Law-These laws are generated through the act of parliament. This is a formal written
legislation of the legislative authority that regulates or govern state, city and country. The
objectives of statues is to prohibit unfair trade practices. Statues legislations are evolved from the
decisions made by appellate tribunal and with the constitutional legislations. These laws are
generally based on the written constitution of the country.
European legal system-Before the Brexit the UK was the member of European Union. So it has
to follow the rules and norms developed by EU government.
Convention of Human right- This legislation is required to be comply by the organisation. These
norms or regulation is framed by the EU legal authority. The purpose of the law is to protect and
prevent the right of employee from being exploited by employer at workplace (Guerrina and
Masselot, 2018)
Distinguish between English legal system with European Codified Model
The comparison between English legal system and European codified model can be made
on the several bases these are:
The unique characteristics of European Civil legislations is that the general or common
principles are codified. European common law are recognised as the important as well as major
source of laws in English legal system. Whereas, English legal system does not consist of formal
codes.
In European legal system is characterized by the case legislation , which is developed by
the magistrates. The case law in the European legal system is influenced by the decision made
by the magistrate in the court. On the other hand In English legal system the decision made by
the supreme court which is the higher authority is binding upon all the lowers tribunals.
European legal system the role of the judge is to act as investigator and their
responsibility is to make decision on the basis of evidence or investigations. Whereas, In English
legal system the judgement are made by the magistrate on the basis of proof or evidence
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provided by the parties. The function of judges is to make amendments in various legislation and
to develop various code of conducts related to common and civil law (Kolasa, 2018)
P2 Function of legal authority in law making
The function of the legal authority art initial stage of law making is to recognised the
problems that is being faced by the people or various industries or organisations in the country.
At the next phase, role of the local body is to analyse the appropriate solution to the problem. In
the third stage, it is the duty of legal authority to prepare the proposal or draft that consists of list
of problems and appropriate solution that are to be presented before the smaller courts at the state
level for the approval. Once the draft is accepted or signed by the lower authorities in the tribunal
than the same should be forwarded to the upper level authorities that is appellate court for
approval. If the bill get approved by these two major courts or tribunals then same should be
forwarded as well as presented to the parliament or house of commons for first reading. Once
the first reading is conducted in the house of commons, it is the role of government to make the
changes in the bill as per the conclusion made by the members in parliament. At the next phase,
after the modification sin the bill, it should be presented in the house of common for the second
reading. After this phase, the bill is presented to the special committee which is the part of
parliament for further investigations. In next phase, the discussion or short debate is facilitated in
the house of common based on the investigation regarding the implementation or enforce of
bill .After this phase, the bill is presented for the third reading, this is the final phase at which the
decision related to the acceptance or rejection is made (Teti,Abbott and Cavatorta, 2018)
TASK 2
P3 Impact of legislations and regulations on business
The several types of organisations are :
Sole trader Enterprise- It is also recognised as proprietorship company. As This types of business
are owned, controlled and managed by individual. According to the law it is not essential for
such firm to get registered. But the owner of the business unit is needed to provide notification to
the registrar or company house about the various business operations. As per the legislation it is
important to appoint one director. Sole business unit is required to issue at list one share at the
time of incorporation (Fletcher, 2018)
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Partnership firm-These form of business are owned, controlled and managed by two or more
persons. The responsibilities and profit generated by business are shared by partners.
Registered company-This is the hybrid between organisation limited by share and a partnership.
It is established by the approval from the companies house (Hui,2018)
Role of director
The function of director is to provide remunerations, to fulfil the legal requirement,
conduct payment practices, controlling business operations, preparing and analysing the business
records, conducting meeting, issue shares, etc.
Steps required for registering a company
It is essential for the by an entrepreneur to develop the understanding or increase their
about knowledge about several norms related to registering a company. As This activity will
assist business owner in fulfilling the legal formalities and preparing the documents that are
needed to get an organisation registered. The process which is involved in registering a business
include different steps these are:
At the initial stage an entrepreneur has to determine the name and nature of business. In this
phase it is very important for entrepreneur to develop the understanding about the norms that
are related to naming the company.
At second phase, It is the responsibility of the director to determine the requirement of several
legal documents that are needed for getting a company registered. The duty of director or
manager is to gather all the necessary as well as receptive companies documents and
provide all the essential details to the registrar such as the name of business entity, detail of
the director as well as worker, nature, location of business activities, etc.
In the succeeding phase the function of the director is to prepare memorandum or Article of
Association. It is very necessary for the director to assure that article of association is filed
by the companies house.
After the accumulation of all the necessary legal documents it is needed by the director to submit
such information to companies house for approval.
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After getting the approval from the companies house, it is necessary for the director to call for
the fist board meeting in Order to complete legal formalities.
Impact of various legislation on business
Employment legislation-This law is formulated by the government in order to prevent and
protect the right of worker or employees from being exploited by the employer at workplace. As
per these legislations the legal authority has developed several working arrangement in order to
allow more flexibility at workplace. According to this law a person employment rights are based
on whether an individual is employee in company or self employment. As per this regulation self
employment person has few rights as compared to the permanent workers.
Contract of Employment-According to this regulation , it is very sentential for employer and
employee to comply with all terms as well as condition in the contract or agreement. As this
activity will assist them in preventing legal obligations. This law has major impact on the
employer and Employee relationship.
Consumer legislation-The consumer law has direct effect on all the enterprise whether dealing in
manufacturing, service , retail industry etc.
Sales and supply of Goods Act-This legislation or regulation states that it is not at all required by
the customer to prove negligence against the retailer, manufacturer etc. at the time of claiming
for damages or defects in products that is purchased by the customer. This law has direct effect
on the level of indemnity insurance needed by the company.
Unfair contract terms Act-This legislation has direct impact on the business. As it may cause an
important and major dis balance in the parties rights as well as obligations under the contract.
Consumer protection Act-This legislations have positive as well as negative impact on business.
Certain aspects of laws prevent competitors from undermining company business through unfair
trade ore marketing practices. It has great impact on business environment in terms of both
consumers and organisation.
Consumer rights act 2015-The contract legislations associated with the consumer legislations
are associated with consumer law. These legislations state that contract regulation that includes
warranties of the product provide customer a right to sue company under certain circumstances.
This factors have great effect on the brand image and reputation of the organisation (Jones, 2017)
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TASK 3
P4 Appropriate solution for wide range of problems being faced by organisation
Alternative dispute resolution is the mechanism that is adopted by the parties for
resolving the conflicts. The disputes may be related to civil matter, business disputes etc. This
method can not be used for solving cases associated with the criminal matters. Alternative
dispute resolution is an effective procedure. As it provides various options to resolve business
problems. This mechanism also provides parties in dispute to solve their conflictual matter
without going to the court. It provides disputing parties a chance to resolve their matter
confidentially and in cost effective way. Alternative dispute resolution method allows parties to
identify the root cause of problem and get suitable solution by experts. It is an effective method ,
parties can ensure the fair decision as in this procedure the judgement is made by the third
person. The various methods of resolving conflicts provided by alternative dispute resolutions
are mediation, negotiation and arbitrations (Beatty, Samuelson and Abril, 2018)
Mediation is the method in which the thirds' person interference in the subject mater in
order to assist parties in resolving their conflicts. This is the effective technique as it can be
applied quickly to the solutions.
Negotiation is another method in which the parties in conflict bargain with each other or
gaining benefit and ultimate reach to the agreement after the discussion.
Arbitrations is the other method that can be adopted by the parties for solving their
problems. In this method, the third person is appointed by the parties through mutual consent in
order to reach some suitable conclusions. It is the role of Arbitrator to identify the reason of
conflicts by making discussion with both the conflicting parties (Vanhala, 2018)
P5 Justification related to the legal solutions
The alternative dispute resolution mechanism is effective method is that it is less costly
and time consuming activity as compared to going to the court. Mediation is most useful method
as it assist parties in reaching to the quick solutions. Mediation method is effective as it can be
applied quickly to the situation. The arbitration and negotiation method is suitable as it provides
parties a chance to express their view about the subject matter and reach to the solution. The
advantages of this method is that the parties in dispute get a chance to get experts advice related
to the subject matter. In Arbitrators parties in dispute has the right to establish or develop their
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own rules in order to resolve conflict. It is the method or procedure that can be utilised for
resolving conflicts at national or international level. Alternative dispute resolution procedure is
effective as this technique allows parties to resolve their matters outside the court,
confidentially .The methods provided by the alternative dispute resolution mechanism does not
have any effect on the reputation or business of either of the party in dispute (Christensen, Onul
and Singh, 2018)
Disadvantages of alternative dispute resolution
The major drawback of arbitration procedure is that only the financial matters can be
resolved. Other advantages of this method or technique is that the subject matters related to
technical issues may not be understood by the third person who has been involved in the
procedures of resolving conflicts between parties. If the arbitrators fails to provide solution in
such case there is chance of wastage of resources, time and money (Scott, 2018)
TASK 4
P6 Solution based on Country legal system
The parties in dispute can seek legal advice from Solicitor. They are the person who
provides advisory service on non- contentious Subject matters. The parties in dispute can
appoint solicitor for acting behalf of the party in front of the magistrate. Parties appoint solicitor
for managing and controlling the activities in the procedures. They are the person who have the
responsibility to present the case before magistrate and provide evidences or other legal
documents. It is important for the barrister to involve barrister in the case. The solicitor is
responsible for providing important information and documents to the party which is their client.
They are also accountable for advising the legal solution or action in order to proceed further in
the procedure of reaching to the conclusion regarding problem.
Citizen advice bureau-This is the organisation that provide confidential, free legal advice to help
people with legal, customers , money and other problems. The objective of this company is yp
deliver the advice which can be useful for the people for identifying the appropriate solution to
the Problem being faced by them.
Neighbourhood Advice Centre-These type of advisory institutions deliver data or information
related to welfare advantage, housing, debts and immigrations etc. (Neubauer and Fradella,
2018)
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CONCLUSION
The project has concluded that English legal system is different from the European
codified model. It has identified from the study that the several laws in the English legal system
are influenced by European legislations. The various norms and regulations have great and direct
effect on the growth and success of the firm. Project has clearly defined the role of director in a
registered company. It has been analysed from the assignment that bill has to undergo lengthy
procedure in order to convert into legislations. The report has demonstrated the effectiveness of
alternative dispute resolution mechanism that can be adopted by parties for solving their business
problems or resolving commercial disputes.
It is suggested to the organisations that it should comply will all the legal and industrial
norm. As this will help business entity in eliminating legal obligations.
REFERENCES
Books and journal:
Guerrina, R. and Masselot, A., 2018. Walking into the footprint of EU Law: unpacking the
gendered consequences of Brexit. Social Policy and Society, pp.1-12.
Trad, A. and Kalpić, D., 2018. The Business Transformation Framework and its Business
Engineering Law support for (e) transactions. In Encyclopedia of Information Science
and Technology, Fourth Edition (pp. 636-650). IGI Global.
Kolasa, M., 2018. Trade Secrets and Employee Mobility: Volume 44: In Search of an
Equilibrium (Vol. 44). Cambridge University Press.
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Teti, A., Abbott, P. and Cavatorta, F., 2018. Employment Creation, Corruption and Gender
Equality 2011–2014. In The Arab Uprisings in Egypt, Jordan and Tunisia (pp. 103-122).
Palgrave Macmillan, Cham.
Fletcher, A., 2018. Employee Health Benefit Programs—Who Are They Really Benefitting?.
Hui, E.S.I., 2018. Workers’ Refusal to Consent. In Hegemonic Transformation (pp. 197-229).
Palgrave Macmillan, New York.
Jones, L., 2017. Introduction to business law. Oxford University Press.
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Business law and the legal environment.
Cengage Learning.
Vanhala, L., 2018. Shaping the structure of legal opportunities: Environmental NGOs bringing I
nternational environmental procedural rights back home. Law & Policy.
Christensen, J., Onul, D. and Singh, P., 2018. Impact of Ethnic Civil Conflict on Migration of
Skilled Labor. Eastern Economic Journal, 44(1), pp.18-29.
Scott, J., 2018. Negotiating Constraints On Legal Translation Performance In An Outsourced
Environment. Law, Language and Communication: Negotiating Cultural, Jurisdictional
and Disciplinary Boundaries. Cambridge: Cambridge Scholars, 1.
Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice system.
Cengage Learning.
ONLINE :
English Legal Materials, 2016. [Online] Available through:
<http://law.wisc.libguides.com/c.php?g=204332&p=3205486>
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