Legal System for Business Law - BMP4002 Business Law Assessment 1

This report covers the legal system for business law in the UK, including classifications of law, source of law, and UK law making process for employment law. It also covers contract law and its impact on business.

BMP4002 Business Law
Assessment 1
Legal System for Business
Law
1

Table of Contents
Introduction 3
Part 1: Classifications of Law 3
Define laws and identify the respective legal systems in the UK 3
Explanation with examples the following as means of classification of laws in the English
Legal system 3
a) Civil Law: 3
b) Criminal Law: 3
Explanation of the role of the following Courts in the English Legal system 3
High Court: 3
Supreme Court: 3
Part 2: Source of law 3
Explanation of Case Law as a source of laws 3
Explanation of the process of making Legislation 4
The meaning and examples of Delegated Legislation act 5
Part 3: UK law making process: Employment Law 5
Statutory Duties of Employers to their employees 5
Wrongful Dismissal and Unfair Dismissal Actions 5
Conclusion 5
2

Introduction
The Company laws or business laws of united kingdom embodies the set of governing rules
and regulations in regard to the corporations which are formed under the The Companies
Act,2006 of England and Wales, This act is also administer by various other statues, The
Insolvency Act,1986,The Corporate Governance Code of UK , Prescribed Directives of
European Union. Company is paramount legal entity measured for running of a company ,to
manage relations between the employer and the employee, and which preserves the state of
its shareholders. The corporate is governed by the regularities of Governance Directories of
the Department of Business,Enterprise and Regulatory Reform (BERR) and The
Department of Business and Trade(DTI), The authorities constitutes the development area
of the European Union Company Law, this piece of legislation which is passed by the UK
Parliament is for the budding betterment, the combination of the laws associated with the
corporate governance combines with the procedures of The Companies Audits ,
Investigations and Community Enterprise Act,2004(Bai, Fairhurst and Serfling, 2020) .
This template report will integrates the civil, criminal and employment laws of united
kingdom, the hierarchy of courts of law and defining the British legal system, the
importance of case laws and precedents as a source of law , the determined process of
legislation and delegated legislation, the process of employments laws in the United
Kingdom, the prescribes duties of the employers and the employees and bring about the
relationship and harmony between them and the process of the wrongful dismissal and
termination.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
The separation of powers facilitate in British rulings , one of them being judiciary,
secondarily the executive and the third one being the legislation which is the leading
parliament which have the association of the two houses , the constitution of Britain being in
the mixed forms which consists of the democratic , aristocracy and the monarchical values in
it , the book of law has an important and unique feature the laws , statues, traditions,
costumes, the decision provided by the judicial arm and the governance of the country is not
in the codified format,Hence, the constitution is unwritten. The accordant evolution of the
constitution of UK is an ever ending , beginning from the Magna Carta to the Bills of
3

Rights,1689 and so far the present enactment of The European Union (amendment)Act,2018
within the up to the minute format of Brexit which contained by the arrangement (which
means British exits the trade with the European union). The framework of the conventions is
of cardinal importance for the foundation of a unwritten constitution just like, the monarch
will always present the bill to the Prime Minister for rectify or acceptance of the bill the
powers will be vested in the PM(Chalkidis and Kampas, 2019) . The government of British
have features of having a parliamentarian form of government.
Explanation with examples the following as means of classification of laws in the
English Legal system
a) Civil Law:
There are three subsequent possible course of action in the civil laws or private laws
of the United Kingdom, civil laws are the on the postulate of the secular laws which is
entirely opposite to the any of the holy or individual religious laws, the refined civil laws as a
part of the judicial system is planted on the ground of code of legal principles which is the
code of Napoleon of France Code in beyond different way then the originally composed the
doctrine of precedent, it is revolving the conception which is contradictory to the common
law system, civil law is adverse towards the criminal law, the various types of civil laws are
mainly : Contract law, Tort law , Company law, Intellectual Property Rights , Land laws etc .
b) Criminal Law:
This statutes is not concerned with the commercial regulations, the disputes which
have crime I nature and have mechanism to provide the suspect a just,fair trail , the innocent
must be acquitted and the convict must be punished with the appropriate punishment within
the purview of the rights and governed laws in the book of law , withstanding on the saying ;
everyone is 'innocent until proven guilty' . Works on the principle of 'mens rea' and 'actus
reus'
Explanation of the role of the following Courts in the English Legal system
High Court:
The described justice system of the United Kingdom and Northern Island is scattered
into four different sections under the distinction of four countries alongside with the separate
jurisdiction they contain, namely as England,Wales,Scotland and Northern Ireland , Working
on stable conventions and traditions UK is a constitutional monarchy (Cowie, 2022) . Being
in charge of the common justice system amalgamating the authorizations of rules and
4

regulations by the legislation and the formulations of precedents in the court of law , the
governed laws putting in to place with the regulation of the legislation it embodied of the
monarch constitutional, the House of Lords and the House of Commons. The high court
judicial system of England and Wales is distinguished in three divisions, The Chancery,
Queen Bench and The Family. The crown court deals with the most heinous of the crimes
providing the trial , the magistrate court deals with nearly trivial nature criminal cases, the
family deals with the civil cases with the much more complicity . In Scotland the High court
is the first court of appeal.
Supreme Court:
The House of Lords was replaced by The Supreme Court, it is also known as the final
decree or appeal court of United Kingdom, the judges were for the mighty apex court of
England and Wales are to be called Justices of The Supreme Court influenced by the
President and the Deputy President (Guerin and Barreiro, 2019) . The Privy Council is
dependent on The Crown and deals with the overseas territory cases of united kingdom , it
shares the same same building as the Supreme Court
Part 2: Source of law
Explanation of Case Law as a source of laws
The law which are recorded in the act Reporter series of the United Kingdom, which
assist the Judges through the structure of the “Doctrine of Precedent” is known as Case Law.
The doctrine is helpful in the eye of the law as its bound the court to decide the matter on the
basis of the cases which were previously decided by the court but only the similar matters
should be decided with the help of this doctrine or by the case act law. However, the case law
were not to be overruled but only there is being analyses that in Apex court there has a power
to go beyond the case law and also has a power to overruled its own judgment. Before the
case laws there is an act known as and after that when there was a better law reporting and a
established judicial chain then the case laws becomes helpful to decided the matters
(Schofield - Georgeson and Rawling, 2020) . As there is a provision of doctrine of precedent
in a case laws there is another provision explanation of Case Law as a source of laws h is
known as persuasive precedent the only difference between them is that in the persuasive
precedent there is a need to argue the matter because the matter were not similar and in some
areas like virtual property and IVF there is only option available of the persuasive precedent.
5

Explanation of the process of making Legislation
Like the other Constitutional States the UK also have 2 House acts in the parliament
I.e House of Lords and the House of Commons and these 2 houses have its own stages to
debate on the law making. But, the law should be made by both the houses any bill which has
to be pass it is examine by both the houses of the parliament (Vavzhenchuk, 2020) . If both
the houses were agree on the bill then the bill have been sent to the monarch for the (Royal
Assent) and then the bill become law.
To pass the bill and making it law it has to be went through some stages;
(1) The first step was taken in the chamber where the name of the bill was
introduced.
(2) In this step the serious debate was done regarding the act bill of that area
where they found to do some changes.
(3) After the changes done it would be discussed with all the members of the
committee. The members were look out the bill from starting till end, and the
votes of the members were decide whether the more amendments will like to
do in the bill or not.
(4) Expedite opportunity is given to the members to examine and do changes in
the bill.
(5) And the final times vote will plan to do the amendments in the fifth steps to
pass the bill.
(6) If any changes has been made by the House of Lords, it has been sent to the
House of Commons to agree on that changes made(Walker,2018). The
Commons may accept the changes or make it own or the commons may reject
it. If the House of the Commons wants any changes the bill has bee sent to the
Lords and this process may repeat.
(7) At final stage when both the Houses were agree at some point on the bill then
the bill has been sent to the Monarch for the act Royal assent and then the bill
becomes Law or it becomes the “Act of the Parliament”.
6

The meaning and examples of Delegated Legislation act
There is popular maxim in Latin “Delegata potestas non potest delegari” which means
that “ The powers which got delegated it will not be delegated ahead”. Delegation generally
mean to distribute (Waldron, 2018) . The term was published by the Black's law dictionary
in a meaning that, permit the person to carry out the work on the assistance of that person
who allot the power or to perform as his assistant or his member.
Part 3: UK law making process:
Employment Law
Statutory Duties of Employers to their employees
There are three main sources of UK employment law;
(1) Common law – it is particularly the law of the contract between the employer and the
employee and the law of tort administer it matter for example; an employer is liable for the
actions of his employee.
(2) Statute – From the late 1970s there is a climatic up gradation in the UK employment act.
(3) European Law – It comes into the existence when the UK domestic law got failed to the
appliance,
Wrongful Dismissal and Unfair Dismissal Actions
The employers must have a valid reason to dismiss the employees on the basis of the
conduct, redundancy, statutory illegality, and some other valid reasons, and the process to
dismiss the employees should be fair and legal. If the proper procedure was not followed then
the employees have the right to claim.
Contract law
(a) The difference between Offer and Invitation to treat.
An offer is determined as a stated desire from one part of the contract who is making a
proposal to another partner, accepting the offer. the contract will be legally binding when the
essential components of the offer will be availed, whereas an invitation to offer is inviting a
7

person to make an offer. in the regulating clauses of the contract, the partner will be
prescribing the objectives, schedules, and considerations. The terms and other subject matter
will be dictated in the agreement, offer, and acceptance being two sides of a coin are held
together. The impact of this proposition can not be acknowledged whether the condition has
not been fulfilled. for instance, the client requires the partner of the contract will suppose to
have a specific legal binding mechanism. and on the contrary, to it Invitation to treat, id
differed from the offer invites the party to make an offer upfront and it is not necessary to be
legally obligated, auction bidding is the exact example to understand the difference.
(b) Consideration and the respective rules.
It is the cost given in return for the exchange of goods and services under a contract or
a respective promise between the promisee and the promisor, leading to doing or not
to something in that subsequent exchange, the consideration which is determined
provided on the grounds of the agreement is in relation to the monetary manner, the
value which will be given make the contract makes it legally obligatory. on the
account of executory consideration, one party is limited by the agreement by
promising to follow through with something or to avoid something.
Supporting case- Currie v Misa
( c ) Postal Rule in contract law.
It involves the contract made by post, which states An offer that is made by post or
letter will be not considered to be constructive until it is received by the offeree. The
special case for this standard of postal rule, where the post is some sort of mentioning
correspondence between the gatherings or where it is a proper and acknowledged
method for communicating between the contractual parties, the accede will be implied
done after their letter of acceptance.
(d) The impact of Contract Law on Business.
The lawful implementation of the agreements is the crucial mechanism to help in the
making, management, and contractual obligations of the organizations, the contracts
which are made in the division of varied businesses state imperative safeguards that
will be certain in the operating systematic techniques for company’s administration, it
will eventually decrease the threat for breaching of obligation or liabilities which will
8

arise between employers and employees, stakeholders and directors and funding
authorities and boards of directors.
Law of Torts
(a) Duty of Care in Tort of Negligence
In the recent stipulated laws, for amounting to a claim in negligence or for a breach of
the legal obligation of a contract includes a norm of care to prevail there, The
defendant and the claimant must be in a recognized legal binding relationship with
each other, the duty of care and the afterward the claim will be determined by the
judicial principles by a court of law. Breach of duty is the prerequisite of the law of
negligence, in the authorized affirmative one party that has not fulfilled the duty of
the contract or outraged the terms of the agreement, an act of failing to do something
which eventually results in the breach of contract in which the claimant will suffer the
loss and later reimbursed by damages.
(b) Causation in the Tort of Negligence.
Causation, in the meaning of tort law, prescribes the relationship of cause and effect
between the occurrence of the event or the action of the consequence. an act or the
process of an action that will bring about an effect, in the case of a personal injury
case, there should be an establishment of the cause, the point proving beyond
reasonable doubt that the defendant to be carried out negligent is not enough cause.
The causation of tort law is scattered into two parts; Actual Cause, which is caused in
fact, and Proximate Cause, which is what actually legally foreseeable by the partner
liable for the duty. the fundamental will be facilitated in the evaluation of damages in
the law of torts.
( c ) Vicarious Liability
In the United Kingdom regulations, the postulates of tort that will be an obtruding
vicarious liability, can be take into relation with the employment law, where the
arising of liabilities of the employer. The employer in an individual manner can be
held obligated for their conduct and their omission in the workplace or the
9

organization, there are three major components that are to be covered to establish
vicarious liability which will contemplate the relationship between the hiring manager
and the hired hand, the act must be done in the course of employment and there must
be confirmed act of negligence under tort law.
Conclusion
So, it is considered that the UK has a constitutional Monarchy which means, that the Head of
the State is the Monarch and not the President. All the bills and the law is passed by the two
houses of the parliament I.e the House of Lords and the House of commons. The members of
the House of Commons are directly elected by the people of the UK and the Prime Minister
of the State is also a member of the House of Commons.
References
Bai, J., Fairhurst, D. and Serfling, M., 2020. Employment protection, investment, and firm
growth. The Review of Financial Studies, 33(2), pp.644-688.
Chalkidis, I. and Kampas, D., 2019. Deep learning in law: early adaptation and legal word
embeddings trained on large corpora. Artificial Intelligence and Law, 27(2), pp.171-
198.
Cowie, G., 2022. The power to make laws for Scotland: The'Treaty Incorporation Bills
Reference'. PUBLIC LAW, (2), pp.189-199.
Guerin, L. and Barreiro, S., 2019. The essential guide to federal employment laws. Nolo.
Schofield-Georgeson, E. and Rawling, M., 2020. Industrial legislation in Australia in
2019. Journal of Industrial Relations, 62(3), pp.425-445.
Vavzhenchuk, S.Y., 2020. To the Issue of Classification of Contracts into Consensual and
Real Contracts. Probs. Legality, 148, p.45.
Waldron, J., 2018. Legislation and moral neutrality. In Liberal neutrality (pp. 69-91).
Routledge.
Walker, C., 2018. 6 Foreign Terrorist Fighters and UK Counter Terrorism Laws. In The
Asian Yearbook of Human Rights and Humanitarian Law (pp. 177-204). Brill
Nijhoff.
10