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Assignment on Different Sources of Business Law (pdf)

   

Added on  2021-01-02

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Assignment on Different Sources of Business Law (pdf)_1
Table of ContentsINTRODUCTION...........................................................................................................................3ACTIVITY 1 ...................................................................................................................................3P1 Different sources of law.........................................................................................................3P2 Presenting the role government play in making of law and how common and statute laware use in courts ..........................................................................................................................5M1 Analysing the effectiveness in context of reforms and development of the UK legalsystem .........................................................................................................................................6P3 Presenting the effect of employment , contract and company law on company...................6M2 Difference between laws, regulations and standard and there impact on company...........8D1 Coherent and evaluation d the legal structure and legislation with presenting examples ....8P4 Presenting various forms of organisation formation.............................................................8P5 Presenting how different types of business formation are managed and funded ..................9M3 Assessing the various forms of business organisation of the basis of their advantages anddisadvantages..............................................................................................................................9D2 Analysing the various from of business formation............................................................10P6 Presenting and suggesting legal remedies to resolve different disputes with examples..10M4 and D3 Comparing,contrasting and evaluating the range of legal solutions providedabove.........................................................................................................................................11CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................13
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INTRODUCTIONBusiness law is that branch of legal framework of a nation which regulates the directionof a business and organisation in lawful direction. Under the ambit of business law comesvarious law including employment rights act 1986, employment protection act 1996, health andsafety act 1974, Equality act 2010 and others. All these laws acts together provides theprovisions and rules to make the actions and operations of the business legitimate. The businesslaw is one sections of the whole legal framework of English legal system which have a vastscope which have different types of laws ad its scope range from various aspects. For the belowreport a discussion related with sources of laws and the hows laws and act are made under thelegal system is done. The potential impact that employment, company and contract law can haveon business is explained and identification of with different types of business organisation iscarried out along with provisions related with their management and funding. For different typesof commercial issues legal remedies are given. ACTIVITY 1 P1 Different sources of lawSources of Law are known as the basic of laws which basically contain all the bindingrules and regulations thereby enabling all the state a power to govern own territory. Differenttypes sources of law are as follows:1.European Law – Is part of Sources of Law from 1973, the time when UK had becomemember of the European Economic Community. It is having different parts as well:The treaties – It forces obligations of legal nature which is directly enforceable on themember states and includes different treaties (ADAMS, 2016). The main aim of thistreaty is to provide equal treatment in case of employment to all men and women. Regulations – Objective is to bring uniformity and stability of laws throughout theEuropean community by considering all member states after it is being issued.Directives – Are intended for bringing law related harmony between each member statesby making it not identical but similar.Decisions – Provide power to party to do something whom it has been issued and alsopreventing one from performing something. Has created impact on the particular memberstates, companies or individuals.
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The European Convention on Human Rights (ECHR) formerly known as the Convention for theProtection of Human Rights and Fundamental Freedoms. It is an international convention so asto protect the human rights and provides political freedoms in Europe. It is then newly formedand known as Council of Europe.For example Test-Achats ASBL v Conseil des ministres, the Court of Justice provides that EqualTreatment in Goods and Services Directive 2004 article 5(2), purported for derogation fromequal treatment to men and women for charging different car insurance rates, was unlawful.2.ParliamentHas the authority of creating a new law by passing of a bill which containsall the necessary changes with the aim of getting approved (ADAMS, 2016). Bill ispresent in the House of Commons for first reading. After which, it is forwarded to theHouse of Lords for further discussion. On getting approval from both the house ofParliament, Royal assent is to be taken for making of Bill as an Act of Parliament. Forexample: the Treason Act 1945.3.Delegated legislation –Are known as legislation of indirect or secondary nature as madeby bodies outside the parliament by making use of available legislative power as it hasbeen delegated by the act of parliament. Basically of four types:Orders in Council – Law making powers are given by the Emergency Powers Act 1939& 1984 to all the Privy Council as the national emergency situation.Statutory Instruments – Formed by the statutory and Government departments forexecuting general principles of policy defined in the Act of Parliament. Aimed atdesigning of rulesfor safeguarding the interest of users related to credit facilitates.Regulations to implement law from European Union – It empowers the governmentaldepartments and ministers power to implement different provisions of treaties anddirectives (ADAMS, 2016).Bye laws – Designed by local authorities and other bodies which are having statutorypowers of regulating all facilitates and services which they are providing and dealing in.4. Case Laws - Is based on the principle of doctrine of Stare decisis, related to jurisdictionshaving a base on the English common Law. In case situation of all the important cases,
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