(PDF) Law Project | Sources of Law | Act of parliament | Assignment

Law Project
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Table of Contents
Table of Contents.............................................................................................................................2
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
Sources of law..............................................................................................................................3
Act of parliament / Tracking a bills.............................................................................................4
Conclusion...................................................................................................................................4
TASK 2............................................................................................................................................5
Gig-economy issues.....................................................................................................................5
Employee/self-employee.............................................................................................................5
Pimlico plumber Vs Smith, 2008.................................................................................................5
Conclusion...................................................................................................................................6
TASK 3............................................................................................................................................6
Salomon v A Salomon and Co Ltd. [1897] AC 22 Case:............................................................6
Role of Director in Pvt Ltd. Company.........................................................................................6
Private Company registration process.........................................................................................7
Advantage and disadvantage.......................................................................................................7
TASK 4............................................................................................................................................8
Alternative dispute resolution......................................................................................................8
Legal advice.................................................................................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
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INTRODUCTION
Law is considered as the system of rules and regulation that is followed within a particular
nation or community to take necessary action on their members and which it can be enforce by
the nuisance of penalties. This project used to cover various aspects such as division and sources
of law in UK that assist “Pegasus” to be related with the UK laws. Apart from this, significant of
employment as well as contract law and their implication on business in been analyse effectively
in this report. Evaluation of various types of organisation that are legally formed, managed and
funded accordingly to the law (Alex Adam, 9th edition, 2016).
TASK 1
Business laws are basically associated with the functions and size of operations that are
performed within an organisation. It consists of overall establishment of common rules that are
govern business individual to run, buy, control and obey the types of operations that are
implemented by the legal bodies. In UK, there are mainly three legal systems such as England &
wales, Scotland and Northern Ireland. The high court of justice in England works together with
the court of appeal and crown court. They are operating in order to resolve various cases that are
associated with people and complies with Laws of UK. These bodies are further categories into
three parts in order to operate smoothly in specific matters that are related with the business
activities. The high court has three core division such as Queens bench division, Chancery
division and family division. All the division are being equally crucial for the companies as they
used to develop certain norms and regulation that guide them to operate activities more
effectively (Alex Adam, 9th edition, 2016).
Sources of law
The sources of law are originated of regulations, building norms that are modified any
nations to rules their regions (www.parliament.uk). There are basically two sources of law those
are discussed below:
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Primary sources: These are specifically associated with precedents, Legislations and
European regulations. All of them are elaborated below:
 Precedents: Every legal precedent are taken into account to be most important sources of
law that consists of end decision in order to create specific kind of matter for juries.
Hence, upcoming cases can be managing and controlled easily by them. These decisions
are normally related with the state of decision that means to stand with decided situations
(www.parliament.uk).
 European court: It is basically independent and overriding sources for domestic
companies that are placed on companies by the court of justice. There are mainly three
basic sources of EU like primary, secondary and supplementary law that are helpful for
the common matters (www.parliament.uk).
 Legislation or legal system: It has been found that this seems to be one of the primary
process that is associated with the explanation of empowerment of various laws and
regulations. All the matters that are related with Civil and common law are considered
under this system (www.parliament.uk).
Secondary source:
Under this particular sources are considered to be commentaries on law which act as
persuasive authority while talking regarding the sources of law. Few of secondary sources are
treatise, periodicals, articles and textbooks. These are considered to be application of law but
cannot have any binding rule with primary sources (www.parliament.uk).
Act of parliament / Tracking a bills
The parliamentary art collection is basically retained together with the house of
commons and house of lords that exhibited during the structure of parliamentary estate.
Alongside the house of commons tend to work of art committee, the speaker’s art capital is the
areas as means by which the house is attained works of art. In case bill has passed by third
reading in both houses, it is returned to their initial house for the alterations that are made by the
other house would also to be considered. It is the liability of both the house to maintain proper
balance among business activities (www.parliament.uk).
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Conclusion
From the above discussed sources of law, it has been concluded that law is essential
aspects for any business activities. Primary sources are more concern with by the company
because the decision can be easily made without any legal obligations (www.parliament.uk).
TASK 2
Gig-economy issues
It is basically known as the touted as a natural evolution of the employers-employee
relationship within an organisation. They enjoy to access the wide and cheaper pool of talent and
enjoy flexible hours as well as maintain proper work life balance. Labour and employment are
used as interchangeably within an organisation. Labour is used to denote the unionized
workplace, whereas employment at the same time considered as the non-unionized activity. In
most of the situation, companies used to deal with various obligations that are related with the
collective bargain, pay social security taxes and other ways related matters (Alex Adam, 9th
edition, 2016).
Employee/self-employee
It is essential for the company to decided, whether an individual is working as an employee
or a self-employed person. While, employers are more responsible for deducting premiums,
wages and other amount that pay to their employees (www.parliament.uk).
Pimlico plumber Vs Smith, 2008
Under this case, it has been found that employment status of Mr. Smith was taken into
account, who was working with Pimlico plumber from 2005 to 2011. He used to be their
operations unfairly and wrongfully deny his claims for holidays pay during the development of
unlawful assumption from his wages after he had having heart attack. Plumber used to make
challenged Smith which was not an employees of the company instead of that he was self-
employed. The employment act decided that Smith was not belongs to the company but he was
taken into account as a worker and be liable for the overall deduction in wages. According to the
above case, there are various facts those are collected in accordance with the Smith. But there
was no as such any agreement with the plumber company (Alex Adam, 9th edition, 2016).
Throughout the overall proceeding of this case situation, it was considered to be the contract
that is entered into by Mr Smith. The important facts were that, he was able to reject jobs, make
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decision on his working hours and he was liable for pay tax on a self-employed. As the chief
executive of Pimlico, has said that only supreme court decision would be effectively useful in
this particular case. In response to this issues, the legal bodies have proclaimed a positive work
plan which will grant day one rights for labour in the gig economy. Additionally, it was
proposing that enforcement of these rules and rights have not announced any latest regulation to
impact their future plans (Alex Adam, 9th edition, 2016).
Conclusion
From the above case scenario, it has been analysing that every company need to follow
specific contract that can assist worker proper security at the workplace. Thus, it is essential to
take decision on the basis of employment law so that employer-employees disputes does not get
arises. In the mentioned case study if plumber, they are not being able to provide appropriate
wages to the Smith because of in absence of agreement. Henceforth, it has been articulate to
make sure that every employee should join after making proper agreement or contract with the
company (www.parliament.uk).
TASK 3
Salomon v A Salomon and Co Ltd. [1897] AC 22 Case:
This particular case has present an effect of the house of lords which is unanimous ruling on
the uphold firmly the doctrine of business disposition. It is set out as the company’s act 1862, so
that all the creditors of any insolvent company that would not been sue shareholders to pay their
outstanding debts obligations (www.parliament.uk).
Facts: The basic things which is associated with the Salomon transported his business of
boot development, originally runs as sole proprietorships to a company. The cost for transfer was
paid to Salomon by the ways of shares and debentures to have a floating cost on the assets of the
company. later on, the business fails to recover the amount that results in liquidation of the
business (www.parliament.uk).
Ruling: The court of discussion, announcing the overall company to be a myth. The main
reason behind that Salomon had united with the company opposing to the true aspects as per the
companies act 1862. The house of lord, appeal reversed the above ruling that is held as the
company was duly incorporated, it is independent body with their own rights and
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responsibilities. Henceforth, the legal literature of corporate veil among the organisation and
their owner was firmly developed by the Salomon case situation (Alex Adam, 9th edition, 2016).
Role of Director in Pvt Ltd. Company
Director may be defined as an individual who directs, controls or manages the affairs of
the company. And the director of company collectively is called Board of Directors. The director
of a private limited company has certain roles; which directors should perform with integrity
(Alex Adam, 9th edition, 2016). These are as follows:
Promote success of Company:
Success, generally mean a long term increase in value but fundamentally it is up to each
director to decide in good faith of the company. For the success of company, director must
evaluate the long term effect of any decision. One should be able to foster the company's
business relationships with suppliers, customers and others. Director must act fairly between
members of company to avoid the conflicts (www.parliament.uk).
Not to accept benefits from third parties:
The main role of director is, loyal to the company, one should not work for any other
company simultaneously. Director must not disclose any insider information or sensible
information of company to the other company (ALIX ADAMS – Law for Business Students,
ninth edition, 2016).
Private Company registration process
For registration of private company there is a process
 Name of Company: For registration of private limited company, there should be a unique
name of company.
 Address of company: The address of company is requiring as where it is going to operate
its business in city.
 At least one Director: There must be minimum one director to start the private company.
 Details of company's shares: To start the company, there must be at least one shareholder
 SIC Code: It identifies what company does.
 Memorandum of Association: The shareholder agrees to create company and the written
rules.
 Details of people with significant over the company.
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Advantage and disadvantage
UK private limited companies enjoy several benefits like limited liability, simple
registration, only one shareholder and no required meetings. The major disadvantage is
companies have to pay annual fees and periodic filing obligations (Alex Adam, 9th edition,
2016).
TASK 4
Alternative dispute resolution
ADR: It is basically an effective process which is being followed by the two parties in
order to make settlement of their disputes. It can be classified among various types such as,
Negotiation, Medication, collaborative law and arbitration. These are used by the companies for
settling all kind of matters without any other litigation. Because, it gets settled outside the
courtroom. It is usually less formal, less expensive and less time consuming than a usual trail
(www.parliament.uk).
Arbitrations: It is a form of best alternative dispute resolution in which a third party called
as Arbitrator is hired by both the parties after getting mutually agreed on each other. The
selection of this method tends to provide parties specific option for a private dispute resolution
process rather than going for court. Decision of arbitration are final and binding upon both
parties related to the dispute. Arbitration helps in settlement of disputes without going to court
(Alex Adam, 9th edition, 2016).
Advantage:
In arbitration both parties related to the dispute usually agree on the arbitrator and they
have believed on the decision of arbitrator. In arbitration disputes can be solve without going to
the court so disputes can be solved sooner. Pegasus can solve its legal dispute through arbitration
without going to the court. Arbitration is less expensive as compare to the court. Generally,
parties related to dispute can split the arbitrator's fee equally. The decision of arbitrator is binding
on both parties so there are very limited chances to appeal to any court. It can save time as well
as money so Pegasus can take advantage of arbitration to save its time and money (Alix Adams,
2016).
Disadvantages:
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The decision of arbitration is binding upon both parties related to the disputes. If Pegasus
use arbitration process and not satisfied with the decision of it but decision is binding so it will
create trouble for the Pegasus. If arbitration is mandatory or required by the contract, then one
party can force the other party to use arbitration. If, Pegasus want to use arbitration method but
other party does not want it then there will be chances of breach of contract by other party
(www.parliament.uk).
Legal advice
After using the appropriate legal ADR process, Pegasus can use their arbitration method as it
is more economical without going into the court or paying additional cost. As, it has been found
that most of the settlements generally takes maximum time to settled. In order to avoid all these,
company used to look of best option and arbitration is effective solution for the company (Alix
Adams, 2016).
CONCLUSION
From the above analysis, it has been concluded that law is crucial aspects for every business.
It will make easy for the parties to make appropriate decision regarding the matters those are
valuable for the company. Various cases scenarios are analysing effectively by using appropriate
laws in order to get better solution for the parties. Further, this report articular use of ADR
process in order to resolve their disputes that are arises within an organisation (Alix Adams,
2016).
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REFERENCES
Books and Journals:
Alix Adams, Law for business students Ewan MacIntyre, Business law. The Law Teacher. 23(2).
pp.527-529.
ALIX ADAMS – Law for Business Students, NINTH EDITION. Available through: <
https://www.123library.org/read/?id=231120&preview=1>.
Online
Pimlico Plumber v smith. 2008. [Online] Available through: <http://www.glovers.co.uk/news-
articles.aspx?id=588&Page=32>.
Salomon v A Salomon and Co Ltd. 1897. [Online]. Available through: < https://www.trans-
lex.org/310810/_/salomon-v-salomon-co-ltd-%5B1897%5D-ac-22/ >.
www.parliament.uk. [Online]. Available through: <https://www.google.co.in/search?q=%EF
%81%AC+https%3A%2F%2Fwww.parliament.uk
%2F&rlz=1C1CHBD_enIN800IN800&oq=%EF%81%AC+https%3A%2F
%2Fwww.parliament.uk
%2F&aqs=chrome..69i57j0j5l4.402j0j7&sourceid=chrome&ie=UTF-8>.
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