Legal Sources and Contract Law

This assignment delves into the various sources of law, such as statutes, common law (case precedent), and contractual agreements. It examines how these sources interact and contribute to the formation of legal principles within a specific context, particularly focusing on contract law. Students are required to analyze scholarly articles and apply their understanding to real-world examples.

BUSINESS
LAWS

Table of Contents
INTRODUCTION ..........................................................................................................................1
SECTION 1......................................................................................................................................1
(A) English legal system structure and various factors of laws..................................................1
(B) Role of government in statutory and law-making, common law..........................................2
SECTION 2......................................................................................................................................4
(A) Employee's legal obligation related to some aspects............................................................4
(B) Relevant contract law and employment and their effect on business...................................5
SECTION 3......................................................................................................................................5
P4 Suggestion of appropriate legal solution for business issues ................................................5
P5 Justification of the mentioned solution for both issues..........................................................6
SECTION 4......................................................................................................................................7
(A)Benefits and concepts of using alternative dispute resolution process .................................7
(B) Recommendation of an alternative lawful solution .............................................................8
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9
.......................................................................................................................................................10

INTRODUCTION
Business law enforces every constitutional law that prescribe how to run and form a
company. This includes all of the legislations that govern how to sell, buy, start, manage and
close any kind of firms. These laws establish the regulations and rules that all industries should
follow. A successful entrepreneur normally knows business constitution and he is required to get
advice from professionals, it covers state and central laws and other regulatory norms. It is a
legal system and has a vast approach which support in running the firms with smoothness. In this
report, there are different factors of legislation which can be applied by enterprise(Keršuliene,
Zavadskas and Turskis, 2010). There are also various legal obligations related to managers
implied by these rules. These are some areas which are essentials to run an organisation
regarding to legal system as equal opportunities, harassment, occupation, health & safety and
compensation etc. A contract and employment have most effect on the economy and there are
several judicial solutions which can be recommended for enterprises.
SECTION 1
(A) English legal system structure and various factors of laws
This system is an integration of various legal regulation and rules which are understood
by constitution for businesses regarding how they should accomplish their tasks and activities.
This system will be including criminal as well as civil laws which are needed for a personal and
organisations in UK. Common legislation is one of the main and necessary component of
English legal system in which magistrates apply this structure in their courts. It is generally
cannot classified which means judgement are based on previous cases as precedents related to
recent matter (DiMatteo, 2010). According to this, basic group of persons as jury arrange facts
regarding judges and case make last verdict on the matter of the councils report.
The next one is Civil law which is classified legal system and it is a crucial component of
English legislations of UK implied on organisation of companies of state. As per the X person ,
in this there is every day update in regulations and rules on which judgements are taken by
judges. And other with these 2 constitution like statute and written both are very important
system which is must regulation to obey foe different companies and next is law is define in
which legislative subdivision of government vote to determined.
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Sources of law:
There are various kinds of factors that supports any organisation as well as an individual
to settle cresting and dispute healthy condition to work with ceaseless (Ewing and Hendy Qc,
2012). Some examples of this like: legislature, constitution, administrative agencies,
international enterprise, judiciaries, and executives etc. These can be defined as followings:
Constitution: This is a main as well as one of the essential factors of legislation which is a fixed
as a fundamental law of state. It is a best source of law like it generate legal power between
executives of federal authority and judiciary sectors.
European Union case legislation: It is an essential factor of legal system which is covered in
Civil Law. It is used by magistrates when there is no individual constitution that is mentioned
already, so in this way judges make their own decision.
Executives: According to this, there is Chief Executive in the highest position who manage as
well as control all lawful judgements by magistrates. There are various treaties between
executive order.
Judiciaries: It is defined as a court which provide last judgement on specific matter. In this way,
all cases are evaluated on the basis of state desist and precedents (DiMatteo, 2010). Apart from
these concepts where decision is taken as per past cases.
International organisation: In this way there are different internal parts which are important
factors of legislation it includes international regime of justice which assign in cases whole the
economy.
Administrative agencies: It is an average through which any conflict can be accomplished by
parties. There are several examples like: higher, middle and lower management of authorities
have perfect to make decision on individual matter. Such as there are different factor of
legislation which support in running business in a smoothly which is compared to crucial
incidents.
(B) Role of government in statutory and law-making, common law
As legislation is formally which is made by individual of legislature through pick in
which whole persons take part. In this way government authority play important as well as vital
role as to make modification or amendments in constitution, if it is needed. There are several
parts through which legal system is made. First is define, bill is see in parliament so that it can be
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present to many persons over here. In this way that, whole MPs examines regarding the bill and
later home of lord passes if for another activity (Ewing and Hendy Qc, 2012). When it is attained
by commission then, whole person of citizens committee substance a deep look comparable to its
negative and positive factor and then make changes if its controversial for national benefits.
There are basically around twenty members in commission. According to this bill is
reported to less of the home and reviewed by persons and other modifications are made. Apart
form this, unmodified bill is read as at 3 time in which argument in take and votes are
determined. At last stage, if bill are mentioned and starts from common home, it get passed and
approved to house of loads. So both houses are should be simultaneously provide approval to the
cites bill to include into legislation. When whole ratifications are provided by Lords and
common, as a formal substantiation by Monarch which is known as Royal Assent. So, this last
bill of approval become implemented this law in oner the world.
Injustice courts are states which supports in giving fair judgements and settle conflict
among business enterprises and individual. They mainly apply 2 laws which includes common
and statuary law. The common legislation is a case which is implicit by government on the basis
of previous cases. The one of the main examples, if there is many lawsuit of fire workplaces
damages, in this way judges make their finding same to their previous case according to same
judgements. The next one is statute law which is applied by this court is known as written
legislation. This kinds of constitution is useful because there is main problems which is faced by
community and contiguous wants for strict regulations and rules by legal English system in UK.
Those constitution are used by governments with boundaries. (DiMatteo, 2010). There are
several difference between those two laws are as follows:
Basis of difference Statute law Common law
Issue of other legal regulation
and rules as law
Under this kinds of legislations
are implied and passed by
authorised parson whether at
higher, middle and lower level
management.
These types of law define as a
compulsory constitution which
is issued by courts where
magistrates make their own
judgements for specific matter.
Operations level in law Statute legislation is framed as
well as operated by substantive
These constitution is direct as
per a set process which is
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way in which persons have
independent power to take
decision.
followed by judges and court.
Another name Statute constitution is called
written legislation as an formal
bill which is passed by house
of lords and parliament.
These law is also called as
case legislation because it is
based on previous case.
Law nature This legislation is prescriptive
in their own nature in which
authorised person offered how
to express constitution on
public.
Their nature is instructive, so
magistrates provide instruction
fore judgements.
Basic Root Under this legislation is mostly
oriented by legislature of
government.
Under this constitution has
original from of previous case
of judicial judgements which
is made in court.
SECTION 2
(A) Employee's legal obligation related to some aspects
Being an essential component of an economy, in this way there every businesses must
adapt whole legal recruitment and selection which are needed as well as important to run firms
with smoothness (Ewing and Hendy Qc, 2012). Legislation provides protections for workers at
workplaces because they are most of the main assets of an organisation. There are several fields
in which judicial system is mostly applying regulations and rules to keep security and decorum
of employee's. There are some examples like harassment, health and safety, equal opportunities
and compensation etc. these are can be defined as follows:
Occupational Health and safety: As per the English law system of UK, company and employer
must face the after working surrounding and make certain that there is secure and safe
equipments which is used by employee's and no hurt to workers healths. For mental and physical
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health of workers, enterprise should doings regular controlling of scheme so that any uncertainty
of damage, it can be determined on noon and time will achieve injured in future.
Workers compensation: On the another hand says, if there is many harm is detected to
employees at their workplaces then the employer and enterprise will be responsible to pay whole
expenses and compensation which will have to him in past. In this way all medical facilities are
give to an specific workers by all enterprise in UK.
Harassments: According to the legislation, the manger should make certain that no prejudice is
practices by workers related on skin, age, colour, religion and sex which can fulfilled the team
spirit of that employee's.
Equal opportunities: It is a another obligation for manger such as employer as per constitution is
that he must give same as well as equal responsibilities and rights to workers without any unfair
opinion (Gold, Oire and Wewiorski, 2012). There are several examples like, handler must make
known that same skilled and qualified person whether it is his or her, get equal publicity.
(B) Relevant contract law and employment and their effect on business
As per the healthy and safety act 1974, every workers must be give complete secured and
safe condition in business. It is one of the main and important responsibilities of manager as well
as leader working over here. As per above study, girl who work must have a legal age of 16
years which is formally a legal and as she was working such as doing her work without any
secret intention get harm, it is legal duty of manger to assist them from any danger. As per the
United Kingdom law, the business will be responsible and liable to remunerate, she was
depending upon her conditional of medical. In this way effective example can be taken as a
similar to previous case. As per the case “Anderson v Thiess Pty Ltd” (2014) FWC 6568, in this
way which Anderson is a workers of the business of Thiess Pty Ltd, who was disregards from his
position regarding to sending electronic mail that was offending for Muslim Religion. But the
decision was take in favour of Anderson (Ihnen, 2010). As per there was no writing notification
by business to he or she was not conferred change to understand and apologise, that it was serous
accept as well as offence the obstacles.
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SECTION 3
P4 Suggestion of appropriate legal solution for business issues
Unfair dismissal: It is an critical part related to the labour rate as well as law of UK and
assists the workers from any unjustified interruption from job opportunities by his company. As
per the act of employment right in united kingdom, in this way industry can terminate its workers
without providing any legal reason, which is based on his capabilities and legal contract to do
work.
First solution of the case: As per the lawful system of UK, and according this case of
Calvin, his manager Donna that he was did not do fair legal contract as banish him without
confirming regarding another workers as that time. As per the case, the fashion house will should
follow whole regulations and rules and should have provide opportunities to Calvin. They
investigate and put his side of story regarding another workers work at the sane time of theft. As
per the act (1996 )of employment, business enterprise can not dismiss any workers from position
if there is proper investigation will be not done if proof of that individual crime or offence
(Keršuliene, Zavadskas and Turskis, 2010). So, according to this case, where Calvin have three
rights to claim for remuneration as well as compensation, to take forward his job with self-
respect and messes for enquiry.
On the basis of this case Calvin should claim for remuneration as working group have
been injured. Apart form other advice on which cited person should act as a wrongful dismissal
protection so in which the manger his liable to provide prior notice to dismissal of individual. As
little girl did not follow several regulation and rules of job opportunities act , she is responsible
to provide for wrongful termination of Calvin's job. The example for, the formal notice period, it
should be at least 1 month which is end of the requirement as per the law of English legal system
of UK.
Second case solution: As per the contract, composition is claimed by Mr. Dan, for fire damage
as Dam store is insurable and insured business does not need to injured its goodwill in market.
So this person was can file a content in written and they claim for money. According to this case
the insurance industry might pay more than to him.
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P5 Justification of the mentioned solution for both issues
First case of Calvin: As per the act, when this person has been unemployed for his job
position without any reason by manager. There was does not enquiry to prove that Calvin is
wrongdoer. Neither there was strong statement that there was midday expert his (Korn and
Rosenberg, 2012). So, on the basis of this matter as well as scenario, this person was can sure his
manger and they claim for remuneration for his wrongful contract. Remuneration as well as
compensation is a best term of money. Another reason is that every employer of fashion house
can have judgements regrading Calvin and they can get him his draw back job.
So that Calvin can acquire reason in modification in wrong act with him. Without many
prior notice, fashion house manager can not terminate him on the incident vague. In this way this
person was can definitely a case of file. As per the employment section 94, manger has not
responsible as well as right to terminate their workers on the justification of unfair. According to
section 95, several destiny in which workers can be unemployed like if limited employment, its
mentioned in contract and dismissal of act etc. under the section of 96 which will includes that if
workers is terminated by their manger without a strong justification, he was can sure.
Second case of Dam: As per the condition as well as term of insurance contract act, 2015, there
is specific information regarding the time to take for fire harm (Mann and Roberts, 2011). So
regarding this contract this person was claim for remuneration as well as compensation which
dependant on magnitude of harm to store. In this way right to take such as claim, the insurance
business rejected to request. There are several justification for that the examples of wrong
information provide regarding damage, in this way incorrect answers in take application form.
Thus there are different negative as well as positive effect of these lawful solutions.
The positive term that company can get free of dishonest workers. So in this way genuine
workers can sure the business in case of unfair dismissal. The one of the negative effect of these
lawful solution is that an liable as well as honest workers might get expired and claim damage
might cause failure to insurance firm. According to the case study of Lorega Experts as insurance
and insured business in which main fire harms was insure and held rejected the needed amount
of claim. But in this way insured controlled to achieve extra money as claim. So theses solution
of legal have their board effect on company.
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SECTION 4
(A)Benefits and concepts of using alternative dispute resolution process
This is most useful part of company business legislation which support in setting conflict
among personal and industry's without any legal solution. This are plays as negotiator, mediator,
and arbitrator so that whole involved parties can achieve justified finding. In this way there are
some ways of advantages of this concept to business (Martin, 2014). According to this act
involved so that they can not settle their valid matter without contributing their knowledgeable as
well as professional group with each other. There are several benefits of this process are as
follows:
 This activities maintain whole concepts confidential unlike legal place judiciary whether
issues are discussed in public.
 Alternative conflict resolution activity is cost impactive in comparison to judiciary
activity which neddies money to second on magistrates to argue in legal place.
 It supply quickly outputs and enough flexibility to achieve finding.
 Under this process also gives modification to parties to set up negotiator to whom so they
can say all case in detail.
(B) Recommendation of an alternative lawful solution
As per the both case of Tyrell and Antwon, in this wat individual suggestion for them so
that they can determine such as follow Uk. According to the legislation which they can utilise
mediation concept in which is person is appointed by those parties as 3 separate entity and also
determine the all solution to see justification of conflict (Rasch and Tsebelis, 2013). After
achieving valid information, he support both parties relates to come on written as well as mutual
agreement which is legal system of UK. So, Antwon would claim his investment start and back
his own company.
The another commendation apart from United kingdom process, on the other hand says
US law, arbitration is a kind of alternative lawful solution in which those parties appoint a
individual who has to manage to claim justification as an agreement in which those people sign
their consent (Resnik, 2014). This is the important as well as best way to reduce and resolve
conflict between Tyrell and Antwon as it would maintain whole information confidential and
keep privacy of their valid information.
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CONCLUSION
As per the above mentioned report, it can be concluded that legislation is inseparable part
of any enterprise as it support to keep its functions. Alternative conflict resolution process is
selected by business which assist in keeping relationship business partners and settle their
concept in long time. There are many difficulties in running their business smoothly like fire
damage and doubt of theft. UK has various legal system which direct how to start, run, sell and
close the firm. It gives protection to workers of business in case of any injure so they get while
working.
REFERENCES
Books and Journals
Avraham, R., 2012. The Economics of Insurance Law-A Primer. Conn. Ins. LJ. 19. p.29.
Ayres, I. and Schwartz, A., 2014. The no-reading problem in consumer contract law. Stan. L.
Rev.. 66. p.545.
Bagley, C.E. and Dauchy, C.E., 2011. The entrepreneur's guide to business law. Nelson
Education.
Cane, P. and Atiyah, P.S., 2013. Atiyah's accidents, compensation and the law. Cambridge
University Press.
Del Duca, L.F., Rule, C. and Loebl, Z., 2011. Facilitating expansion of cross-border e-
commerce-developing a global online dispute resolution system (Lessons derived from
existing ODR systems-work of the United Nations Commission on International Trade
Law).
DiMatteo, L.A., 2010. Strategic contracting: contract law as a source of competitive advantage.
American Business Law Journal. 47(4). pp.727-794.
Ewing, K.D. and Hendy Qc, J., 2012. Unfair Dismissal Law Changes—Unfair?. Industrial Law
Journal. 41(1). pp.115-121.
Gold, P.B., Oire, S.N. and Wewiorski, N.J., 2012. Negotiating reasonable workplace
accommodations: Perspectives of employers, employees with disabilities, and
rehabilitation service providers. Journal of Vocational Rehabilitation. 37(1). pp.25-37.
Ihnen, C., 2010. The analysis of pragmatic argumentation in law-making debates: Second
reading of the terrorism bill in the British House of Commons. Controversia. 7(1).
Keršuliene, V., Zavadskas, E.K. and Turskis, Z., 2010. Selection of rational dispute resolution
method by applying new step‐wise weight assessment ratio analysis (SWARA). Journal
of business economics and management. 11(2). pp.243-258.
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Korn, D. and Rosenberg, D., 2012. Concepcion's Pro-Defendant Biasing of the Arbitration
Process: The Class Counsel Solution. U. Mich. JL Reform. 46. p.1151.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Martin, J., 2014. English Legal System. Routledge.
Rasch, B.E. and Tsebelis, G., 2013. The role of governments in legislative agenda setting.
Routledge.
Resnik, J., 2014. Diffusing Disputes: The Public in the Private of Arbitration, the Private in
Courts, and the Erasure of Rights. Yale LJ. 124.p.2804.
Southey, K., 2010. A typology of employee explanations of misbehaviour: An analysis of unfair
dismissal cases. Journal of Industrial Relations. 52(1).pp.81-102.
Walters, D. and James, P., 2011. What motivates employers to establish preventive management
arrangements within supply chains?. Safety Science. 49(7). pp.988-994.
Ward, R. and Akhtar, A., 2011. Walker & Walker's English legal system. Oxford University
Press.
Online
Chapter 5: Sources of Law, 2017. [Online]. Available through :
<http://www.businesslawbasics.com/chapter-5-sources-law>. [Accessed on 5nd August
2017].
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