Sources of Law and Function of Government in Making and Applying Law

This report covers the different sources of law, including primary and secondary sources, such as legislation, case laws, legal encyclopedias, parliamentary documents, equity law, European Union law, European Convention of Human Resources, Equality Act 2010, and Health and Safety Law. It also describes the function of government in enacting the law and how the common and statutory law is applied in the court. The report concludes with an evaluation of the effectiveness of the legal system in terms of recent reforms and developments.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK ..............................................................................................................................................3
P1. Elucidate various sources of law ..........................................................................................3
P2. Describe the role of government in making of law and how the common and statutory law
is been applied in the court of justice. ........................................................................................6
P3. Elaborate how company, employment and contract law plays a potential impact on the
business.......................................................................................................................................7
CONCLUSION .............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
The business laws play a very crucial role for both the business as well as society. It
entails several rules and regulations which states the manner by which any business organisation
is need to be governed. Commercial laws are one major criteria which affects every stage of an
enterprise, being it from the incorporation to its management to its dissolution. In order to
understand the basic aim of any law it is first required to know its origin. There lies various
sources of business law, but of the majorly applicable are mercantile laws, company law,
customs of history, etc. (Aagaard, Aagaard and Harrison, 2019). This report will cover the
various origins of law and function of authorities in making such laws. Also the report will
cover the different form which are available at the option of one who wishes to start a business
along with their way of managing and funding. The report also concluded the best suited legal
solutions to the given case studies out of the range of disputes.
TASK
P1. Elucidate different sources of law
Generally, the UK operates on a system of common law where exists the combination of
both the legislation and judicial precedents. The supreme court is considered as the apex court of
the country, which also entertains all the appeals on the matters of civil and criminal and below
which there lies the High court and divisional courts. The crown courts and country courts are
considered as the lowest courts in the country. Moreover, majorly the sources of law in UK are
broadly classified into two categories which are the primary and secondary sources.
Primary sources are the one which came directly as a result from official authorities
who were authorised to do such act which are the legislations and case laws. Mainly these are the
original and authoritative statements of law (Anderson IV, 2020).
 Legislation- As the country does not have a constitution which is written so therefore it
is represented as uncodified law. Legislations are the piece of laws which are passed by
the parliament while having majority to it. Parliament is said to be the supreme authority
who have the power to make laws in the country.

 The other being the case laws, they are derived by the court of justice as the final
decision of the different case laws which are further used in the similar cases which came
to the court. The decisions made by the superior courts stands binding on the inferior
courts in the similar matters. The English law is originated in the early ages in the King’s
Court (Curia Regis), a single royal court set up for most of the country at Westminster,
near London. Like many other early legal scheme, it did not primitively consist of
substantial rights but rather of procedural rectification. The working out of these
rectification has, over time, produced the modern system in which rights are seen as
primary over procedure. Until the late 19th century, English common law continued to be
developed primarily by judges rather than legislators.
Further, the Secondary sources are the one which comprises of the law journal, legal
encyclopedias, textbooks, parliamentary and non- parliamentary documents.
 Legal encyclopedia are one of the magnificent tool for the purpose of researching law
and it provides the summary of the key points, legislations and cases. One of the
examples of this source is the Halsbury's Laws of England.
 The parliamentary documents as a source also play an important role as they provides
the basis for the reasoning for which the said laws are created. This also includes the
types of command paper, which is green and white. And also the debates and
publications of parliament(Apriani and Suriaatmadja, 2020).
 Equity Law
Equity is a special legal system developed by the Court of Chancery of the United Kingdom. It
subsists in both national and international law. [1] The practice of equality Begin in ancient
times. Later, in the claw of civil nature undergoes impartiality which was incorporated into the
legal norms, but in the common law system it became a separate legal system.
 European Union Law
The legal footing of the EU is the Pact on the European Union and the Treaty on the operation of
the European Union, which was adopted by the 27 member countries governments. If one is
agreed to follow the rules of the Union, new members can join and active states can withdraw in
accordance to their "unique inherent postulates". Subjects have the right to participate in the
enactment of EU law through the Parliament and to their respective state governments by the
Council. The European Commission has begun legislation, the Council of the European Union

represents the elected governments of its member states, the parliament is elected by European
citizens, and the court is tasked with supporting the rule of law and human rights.
 European Convention Of Human Resources
The Convention consists of numbered "articles" that protect basic human rights. The Human
Rights Act 1998 made these rights part of national law. The European Convention on Human
Rights (ECHR) defend the human rights of people in countries that are members of the Council
of Europe. All 47 member states of the Council, regarding the United Kingdom, have signed the
accord. Its full title is "The Treaty for the Protection of Human Rights and Fundamental
Freedom".
 Equality Act 2010
The Equality Act protects humans towards discrimination due to the mentioned traits like sex,
gender, religion, caste, race,etc. Under the Equality Act, there are 9 covered traits. There are a
few critical variations relying on which covered feature you have.
 Health And Safety Law
The Industrial Safety and Health Act of 1974 requires all UK companies to provide all the
information, guidance, training and oversight needed to ensure the health and safety of their
workers. In addition, as part of managing employee health and safety, employers are legally
required to perform a risk assessment of workplace-related hazards. In addition, all UK
employers are subject to certain serious accidents, occupational diseases, and certain dangerous
events at work (RIDDOR) under the 2013 Injury, Illness, and Hazardous Outbreak Reporting
Regulations (RIDDOR). Near miss) should be reported.
 companies act
The Companies Act 2006 (c 46) is the instrument of the British Parliament, which is the main
root of information on the UK Companies Act. The law came into effect on October 1, 2009.
This largely replaced the Companies Act of 1985. This law provides the UK with a
comprehensive company code and has made changes to almost every aspect of the law related to
company

P2. Describe the function of government in enacting the law and how the common and
statutory law is been applied in the court.
The process of law making in itself is said to be the very tangled task where it requires
the contribution and assistance of people who possess certain level of expertise in the same. The
only official body which have power to make laws is the parliament of the country. Every draft
which tends to become a piece of law first has to go through the stages of parliament in order to
get an royal assent to it (Catalogs and Catalogs) . The very first step for creation of any law, is
the drafting of bill and presentment of the same in the parliament for the required changes. The
process involves various stages which are as-
First reading- At this stage, the proposed draft is given the best suited title by the
parliament members and then forwarded for the next stage that is for second reading.
Second reading- In this stage, the proposed bill is given an in-depth reading to it by the
members of the parliament and all the assert able aspects of the draft are discussed including all
its pros and cons on the country as well as society.
Committee stage- Among all the stages, it is observed as one of the most crucial one as
here an detailed debate is taken place in terms of the title, issues and matter of the proposed bill.
Report stage- It comprises of the making of changes which were proposed at the earlier
stage of committee stage.
Ordinal reading- In this stage, poll is channelled among the members of parliament in
order to find out the majority which is in the favour of the bill and which lies in against of the
proposed bill.
House of lords- The next stage comprises of the arrival of the bill in the house and all the
measures which have been taken till this moment are followed by the members with respect to
ascertain the worth of the bill and its future favour ability(DiMatteo, 2021) .
Royal assent- The process of making law or any legislation is said to be incomplete if it
does not acquire the royal assent to it.
 Statutory law and common law-making
The `not unusual place regulation` method the important standard and substantive
argumentation which have been created by the judges and the choices which has been made in
the capacity of being an adjudicator and on the position they've heard. They actually posses right

here clumped conjointly. That is important regulation and procedural regulation. They provide
an explanation for the distinction among them. A important rule is one which includes
approximately the behaviour, for example, that the homicide cannot be devoted by forming an
agreement on e-mails. These important policies are one-of-a-kind in terms of procedural policies,
because the latter govern truly how matters need to be done. For example, irrespective of what
kind of case is in courtroom calendar, the policies governing the admission of proof into
courtroom calendar are the same
 civil and criminal law
Criminal law refers to the commission of a wrongful act that affect society at large along with
the individual against whom that criminal activity is being done. To prevent behavioural
violations that are considered harmful to society as a whole the enactment of the criminal law
was being made. If people violate the any law, they will be prosecuted by the state. Further
procedure is initiated by the police officer with the investigation process and heard in the
Magistrates' Court or the Criminal Court. If you are subsequently convicted, you can be
sentenced to imprisonment or a community order. Civil law focuses on the acts of the
individuals. That is any conflict arises between two or more individuals who commit a civil
wrong that affect another person, their rights, or their property. Civil law also governs disputes
between individuals and organizations. If you are convicted of a civil crime, you probably won't
go to jail, but in most cases you will be liable for damages.
 structure of courts
The court system in England and Wales consists of five layers. Judiciary Committee of the
Supreme Court (former House of Lords) and the Privy Council Court of Appeals supreme court
Criminal Court and County Court Magistrates' Court and Court Services Northern Ireland has a
similar court system, and Scotland has a different court system.
 The supreme court- this final court of appeal for UK civil as well as criminal matters
from anywhere from England, Wales and Northern Ireland.
Court of appeals
 There are two division of court of appeal one is criminal court of appeal and second is
civil division of appellate court. The criminal division deal with criminal case which
appeals from court of crown.

 In civil division cases related to civil matters which raise appeal from high court,
tribunals and some cases from country courts.
High court
 Case related to contract and tort,etc. Matter heard by the admiralty court or in commercial
court.
 Administrative court is a supervisory court and appellate jurisdiction which sees the
legality of decision and actions taken by subordinate courts.
 Family and divisional courts appeal raise in high court decided case by magistrate courts.
Crown courts
 Trials of indictable offences as well as appeals and sensitive case from magistrate courts.
Country courts
 These courts deals with majority of civil litigation subject which are related to claim
matters.
Magistrate courts
 It is first court whee trial starts including summary offences, committals related to crown
court any proceeding related to family courts and other case related to youth.
M1 THE EFFECTIVENESS OF THE LEGAL SYSTEM IN TERM OF RECENT REFORMS
AND DEVELOPMENTS-
over the all most last 15 year many constructive changes introduced in the legal system of
UK for its development and reforming new acts for deliver more justice to the people. These
many changes formed into two aspect first is in the labour laws and its administration system ans
second in constitution or conservative administration system. The measure change and reform
development are- a new ministry of justice committee, transportation system for offenders
travelling home to court and court to home more responsible manner, removal of judicial
function of house of lords replacing by establishing the supreme courts, for sentencing policy
establishment of sentencing council for advise, for dealing with family matters establishing
family courts etc. these are some reforms and development made by UK legal system which
helps a lot to delver fair and free justice.

D1 A COHERENT AND CRITICAL EVALUATION OF THE LEGAL SYSTEM -
The constitution of united kingdom is an unwritten constitution still there is some laws which
are codified by which the legislation of UK is govern. The legal system of this country is divided
into three parts by which exercise of powers between them is use separately as well as without
any interruption by the respective authorities. The constitutional reforms act 2005 improved the
system of separation by removing interference of executive from interruption into the work of
judiciary. In recently reform transfer the role of the Lord Chancellor's as the head of the judiciary
as in other hand create a committee for all appointment of judges independently which increase
the justice in society. So it can say the legal system of UK plays an important role in recent
reform and development related to legal system.
P3. Elaborate the role of company, employment and contract law in the business as well as
their impacts on the same.
The three primary aspects of laws which governs or regulates the different aspects of any
business are the Company law, Contract law and the Employment law. All the said legislations
have their own importance and obligations which needs to be abided by the companies who falls
under the ambit of it. Moreover, all the laws have their own negative and positive effects
attached to it which are explained as follows-
Employment laws- The primary aim of employment laws is to modulate the non exploitation
and non discrimination of the workers of the company by controlling the various aspects such as
for instance, minimum required wage, working hours and norms regarding health and safety of
the workers. This law has been defined as the relationship between the employer and employee
who has certain obligations which one needs to comply within the premises, in order to carry out
the affairs of the business (Giubboni, 2018).
 Employment Rights Act 1996
This law is replaced in the place of the previous law and addresses employee rights in the
matters, such as dismissal, unfair dismissal, parental leave, maternity leave and dismissal.
 National Minimum Wage Act 1998

This law sets the minimum wages for UK workers and employers. The government regularly
make a review of these acts and make changes according to the inflationary conditions and
fluctuations takes place in the economy as a whole.
 The Maternity and Parental Leave
these are mandatory leaves for woman and men.
 Agency Workers Regulations 2010
This law prevents discrimination against the employees who are working as agents or in some
kind of agencies in employment institutions. It is required to treat them equally in terms of wages
and they must not get compared to full-time colleagues doing the same job.
Company law- The company plays an important role as it governs the every little aspect of the
business from including the formation of the company that is its incorporation to how the
activities of the business are conducted in compliance with the regulations made by the
government to its dissolution. In United Kingdom, the Companies Act of 2006 is the major
legislation which governs the said activities. The said legislation acts in the capacity of a guide,
which governs the every single step and transaction of the organisation. The said law binds both
the company as well as its workers while imposing certain legal obligations on them (Graw and
et. al., 2019).
Contract law- The main aim behind the formation of contract law is to govern the agreements
which have been entered into by the several legal entities such as the companies and firms and
also the individuals. The application of this law binds both the concerned parties of the
agreement to abide by the agreed promises which have been made by on their own behalf. The
other starer thing is that the parties after ponce they have entered into the contract are not
allowed to breach the same and if there stands such circumstances then the party who is at fault
is said to be liable for such breach and is amount to provide certain required damages to the other
party (Sobkowiak, 2018).
Offer
contract is formed when one party makes an offer (such as a job offer) to the other party and the
offer is accepted. The offer is being made by the offeror in order to get an assent of the oferee
and it is totally upon the wish of the offeree to accept the offer or to reject the same. Offer is
different from invitation to offer where in the former a promise has been created in terms of an

offer to fulfill the same. In latter, there is no such element of promise is present. For example-
goods lying in the showcase of a shop.
Acceptance
Acceptance of offer is unconditional (such as signing an employment contract) and must be
communicated. Negotiations between the parties are not assumptions, but opposite offers.
Silence is not generally considered acceptance (for example, through actions such as payment for
a product) unless it is clear that acceptance is intended. What constitutes reasonable acceptance
depends on the type of contract.
Remedies For Breach Of Contract
This law is an updated version of the old Labor Code and covers the rights of employees
in terms of unfair dismissal, childcare leave, maternity leave, parental leave, discrimination,etc.
Types of remedies for breach of contract 1. Compensation 2. Specific performance 3. Injunction
4. Withdrawal 5.5. Fixed amount damages 6. Nominal damage
Legislations
Parliamentary law creates new laws or modifies the existing ones. The bill is required to get
the approval from both the Houses and after getting sanctioned it is being presented before the
crown for the royal assent. In summary, Parliament Act forms what is known as statutory law in
Britain.
M2 ANALYSE THE POTENTIAL IMPACT ON BUSINESS THROUGH
DIFFERENTIATION BETWEEN LEGISLATION ,REGULATION AND STANDARD
A study on difference between legislation and the regulation is quite easy because these are
two part of a one coin which means in the legislation explains the root of the law and is source of
parliament as it is primary legislation. on other hand, regulations has lack of strategic structure
but in regulation all is planned by the law and direction of legislation is executed as to how it is
being implemented in the society as well as the impact come is generated by the part of
regulation system. These are mainly enacted in order to regulate the laws. The standards on other
hand are the principles and rules which helps in laying down specifications and the procedures,
For example UNITED KINGDOM parliament enacts laws for parliament but congress party
enact rules for their own party.

CONCLUSION
The above report concludes that the business law, which are the company, employment
and the contract law in compliance with each other play a major part in regulating the affairs of
any organisation. These legislations highlights certain implications which are required to be
complied for the smooth working its conduct. Moreover, the report also discusses the variations
which exist with respect to each form regarding its management and funding. There is the
availability of several legal solutions which stands suitable for each parties as mentioned in the
case studies. The said report also tried to draw a comparison between the various methods of
Alternate dispute resolution.

REFERENCES
Books and Journals
Aagaard, A., Aagaard, A. and Harrison, 2019. Digital Business Models. Cham: Springer
International Publishing.
Anderson IV, R., 2020. Path Dependence, Information, and Contracting in Business Law and
Economics. Wis. L. Rev., p.553.
Apriani, D. and Suriaatmadja, T.T., 2020, March. Building the law of Indonesian business
competition based on Islamic economic principles. In International Conference on Law,
Governance and Islamic Society (ICOLGIS 2019) (pp. 241-245). Atlantis Press.
Catalogs, H.P.C. and Catalogs, N.C., Master of Business Administration Planning Schedule
1993.
DiMatteo, L.A., 2021. International business law and the legal environment: a transactional
approach. Routledge.
Giubboni, S., 2018. Freedom to conduct a business and EU labour law. European Constitutional
Law Review. 14(1). pp.172-190.
Graw, S and et. al., 2019. Understanding business law. LexisNexis Butterworths.
Sobkowiak, P., 2018. Toward an Integrated Model of Teaching Business English in Tertiary
Education. In Challenges of Second and Foreign Language Education in a Globalized
World (pp. 117-130). Springer, Cham.