Types of Businesses and Dispute Resolution

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The assignment examines different business structures like public limited companies and agricultural centers, highlighting their unique characteristics and operational differences. It also delves into the concept of Alternative Dispute Resolution (ADR), explaining its role in resolving disputes outside traditional court proceedings through methods involving arbitrators.
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BUSINESS LAW
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Table of Contents
INTRODUCTION ..........................................................................................................................2
TASK 1............................................................................................................................................3
1.1 Comparing ELS with European model- i.e. civil and criminal code................................3
1.2 Outlining the sources of law in ELS ................................................................................3
1.3 Focusing on act of parliament- stages a bill must go through..........................................4
1.4 Focusing on lobbying ......................................................................................................5
TASK 2 ...........................................................................................................................................6
2.1 Explaining how various Acts of parliament affect business environment.......................6
2.2 Explaining the impact of employment law on market place ...........................................6
2.3 Focusing on the status of people in market place with reference of employed and self-
employed................................................................................................................................7
2.4 Discussing difference between status and legal implications...........................................7
TASK 3 ...........................................................................................................................................8
3.1 Outlining the major types of business organisations in UK.............................................8
3.2 Discussing the nature and key features of registered company........................................8
3.3 Discussing the best model for agricultural experiment centre along with the advantages
and disadvantages of PLC......................................................................................................9
TASK 4 ..........................................................................................................................................9
4.1 Discussing alternative dispute resolution (ADR).............................................................9
CONCLUSION .............................................................................................................................10
REFERENCES .............................................................................................................................10
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INTRODUCTION
Business law is also known as the commercial law. It is a legal body which has all the
rules and regulations that are required to operate the business(King and Raja., 2013). This law
deals with the private and public laws both. law is having all the rules which is acquired to run a
business. A business man should always have the knowledge about the business law and the
implication of same on business.
In this report, I am working in the potato council as an intern. The council is responsible
for the growth of potato business and expand the market of the potato. I am mentioning the
issues which are arise in the company.
TASK 1
1.1 Comparing ELS with European model- i.e. civil and criminal code
ELS legal is a judicial body in London. Their function is to look for the legal firms. They
believe in the long lasting relation with their clients. They help their clients to solve the problems
regarding the legal issues (Appleman, Appleman and Holmes, 2015). As they are providing the
best services, they are growing year by year. They have understanding of the pressure of legal
issues on individuals and businessmen. They serve the private and large organisation. ELS team
has the deep knowledge about international litigation laws issues and disputes which take place
in company. Following are the differences between ELS and European model: Court system: Court of both the models are similar. There are different magistrate courts
for the different case nature. Most criminal cases in both the models are taken through the
level of hierarchy. In MLS, the criminal cases are not heard by the separate court. The
ELS doesn't follow the tribunal system. While UK model has the tribunal system for
some cases. Sources of legal authority: In ELS, there are two centralized bodies together known as
congress. They are the similar house of parliament. Congress party decides the lawyer for
court in ELS. ELS is a legal body in London.
Legal education: In UK the student doesn't require to have an extra law education if they
pursue 3 years law course. But in case of ELS, the student has to take graduation from the
law school. After that, they need to go for the training and pass exam to become the
lawyer.
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1.2 Outlining the sources of law in ELS
Following are the sources of law in ELS: Primary legislation: They have the legislature document which has certain law passes by
parliament. Private acts: ELS collects the information from the private act that are dealt which
private places to different people. Public acts: Another sources are public acts in which the information is collected from
public case and parliament decisions. From the government act: ELS also collects the data from government sources like
governance rules and regulations along with their application on the business
environment.
Common act: the court apply the general laws to the solve the problem and give justice
to the innocent party.
There are many other sources by which ELS outsources the data to guide clients and help
them to solve the problem regarding legal issues (Clark, 2011). The ELS employees have great
knowledge about legal formalities as well as rules and regulations applied on a particular
situation. So, they enhance their knowledge and skills by having large source of information. In
this, ELS helps the potato council to clear laws and legal formalities which can take place during
expansion. Government also have its policy which affect the business like tax rates. Example: if
tax rates get increased, people start more savings and they spend less. In this case, the demand of
potato decreases.
1.3 Focusing on act of parliament- stages a bill must go through
There are new laws which are made according to the time passes. According to society,
proposals have been made to the parliament to accept the bill. When bills are accepted by the
parliament, they become the law which every citizen has to follow in a particular country. If any
citizen fails to follow the act which has been imposed by government, it is punishable under the
law (Dickerson, 2014).
There are many issues which can take place while passing the law such as government
and society issues that can come into picture. Any member of the parliament can bring the bill.
Once the bill is ready, they have to get approval of every house of parliament and they receive
the royal assent. After that, the bill passes and become the law which called as an Act. Any bill
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which passes has an impact on the government rules and regulations. Following are the steps
which are followed to make the bill into law: Preparation of bill: Any member of government and parliament can introduce the bill.
They have the team which is working to prepare the bill and need associates with the
particular instrument. The legal advisors also take place while preparing the bill to
include legal rules and regulations. Toward introduction: After preparing the bill, it should be introduced in the meeting of
PBL committee. Committee combines the bill and other necessary documents with it
such as explanatory document which has to be present with the bill. If committee is
satisfied with the presentation. They pass the bill forward to complete other formalities. Parliamentary stages: In this, the bill either enters the House of Commons or House of
Lords. The government takes the decision according to the bill needs. Bills have to go
through the stages before becoming an Act like first reading, second reading, committee
stage, report stage, third reading as well as later stages.
Royal assent: After getting approval from all these stages, it gives the royal assent and
been signified to the parliament. After this, the bill becomes an Act. After 3 to 5 years,
the responsible department has to submit the report to relevant department regarding the
way in which the Act is working in practical scenario.
1.4 Focusing on lobbying
Lobbying is a paid activity which is done for the special interest. It includes the paid
services to lawyers and advocates and compare the facts and figures to give final conclusion of
the topic(Heath., 2011). The lobbying helps in making decision for the united Kingdom of
congress. They argue on the complex subjects. Rules and regulations which are not followed,
they lead to the punishment and penalty for non-compliance. Since the lobbying is very complex
in nature and argue on the confidential situation, the council needs to have a wider knowledge of
laws, government rules and regulations. There are certain rules which government and
parliament made for the agriculture business and according to this case, the manager has to
follow all Acts while doing business so that they would not face any legal complications. Now a
days, the lobbying is done by corporations. It is necessary for every level of the government. It
has a great influence on the government system. There are key players in the lobbying such as
lobbyists, corporations, unions and other players.
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TASK 2
2.1 Explaining how various Acts of parliament affect business environment
In today’s era, business plays an important role in every aspect of life. They enhance the
standard of living of people and improve their lifestyle, education, culture, etc. However,
understanding the business law implication on enterprise is also very important. It is because;
business concern is affected by external factors and legal factors are elements which influence
enterprise(Osuji., 2011). If the businessmen have understanding of laws related to commercial
enterprise, it is easy to operate the business organisation without any legal complications.
Business law protects the consumers as well as the competitors. Following are the laws by which
business can get affected: The law of torts: When one party harms another, this law comes into picture. When a
person is ditched by the businessman, this law helps him to get the claim. This law takes
place when the seller sells product to the buyer in bad quality or design. In case if buyer
gets any loss from those products, the seller has to compensate buyer. Law of sales: In this law the rules and regulations are made regarding the the buying and
selling of goods. Any person doing the trade should have the knowledge about the sales
of goods act. Law of property: Property is something which owner own. There is a law in which gives
the knowledge about the possession of the property has been given. The property can be
tangible or intangible. Businessman or individual gets the protect of their property under
this law.
The law of contract: In this, two parties are legally bound with agreement to do
particular transaction. The contract can be either implied or expressed.
On the basis of report, law which is taken into consideration is law of contract and law of
agency in which the council asks self-employed works to display the menu and self employed
has the same responsibility like other employees and other workers has complaint with that.
2.2 Explaining the impact of employment law on market place
Law which is made for employees and workers of company helps to save the interest of
employees and also, in reducing the exploitation of workers. It also helps to solve the safety
issues regarding workers and employees (Folsom and et.al., 2012). Which personaly impact the
employees law and also effect on the market place like demand and supply of the labour and if
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the government fixes the salary and wages of employees, cost of company can be increased.
Following are the impacts of employee’s laws on the market place: Increase in work pay and in employee’s expenses: If there is employee’s law, the salary
also get fixed according to law guidelines. In that case, the expenses of employees also
get increased which improves their standard of living. This creates the demand in the
market which brings money and growth of society.
Improve work safety: This can improve the work safety of employees. It gives the
facility to employees in factories and dangerous working areas. By this, the child labour
also decreases which affect the market in fair trading system.
2.3 Focusing on the status of people in market place with reference of employed and self-
employed
Self Employed refers to the person who works for himself instead of the employer.
He/she is not working for the employer or for salary as they work as per their own interest and
earn by their own by serving specific number of customers. There are different kinds of self-
employment like sole traders who owned their business and compensate losses from the profits
they earn (Gharajedaghi, 2011). While employed tends to the person who work for the employer
in return of the salary and wages. There are two types of employment in the market place. The
employees should follow rules and regulations given by the employers or company they are
working for while in case of self-employed, the person has to understand the laws related to
business and accordingly, they need operate the business.
In this report, the council provides work for cooking display to cook trader. But cooks are
threatening the council to take self-employees as employed. But these both are different from
each other. If the self-employees is treated as employed their roles and responsibilities also
changes (Greenleaf, 2012). It also put a huge impact on the existing employees of company. The
organisation structure also changes as the number of employees change that affect the structure
of enterprise.
2.4 Discussing difference between status and legal implications
These both words are used in the social situations. Legal is a word which is used in the
law. It is related to the process, procedure and concepts related to the law On the other hand,
status associates with the society such as values, norms, beliefs, ethics, etc. Today, the problem
arise in business is difficult to say whether it is status or legal (Bishara, 2011). They have the
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mutual relation with each other. Many of the laws are originated from ethics. Along with that,
status refers to the moral values of doing something wrong and right of a conduct. There are
many situations when legal tends to unethical and status become unlawful. In this case, the
council has to treat the self-employed workers to employed workers which is unethical but also
face certain legal obligations. This case comes under the status which put their impact on its
existing employees.
TASK 3
3.1 Outlining the major types of business organisations in UK
Since there are different businesses engaged in different activities. Different type of
people are working with them. There are different kinds of organisations as given below: Public sector organisation: Public sector organisation is an enterprise which is run and
controlled by the government of particular country. People who pay tax gives fund to
these organisations. In London, the public sector includes defence, national health care,
police, roads and universities. In the UK, government provide free facilities to their
citizens like schools, sports facilities, etc. Major aim of government enterprises is to
serve the citizens and provide maximum welfare with little profits. Private sector organisation: This is the organisation which is run and controlled by
private individuals. Private sectors include the sole traders, partnerships, companies,
franchises, etc. Main aim of these enterprises are to earn profits, growth, increased
market share, etc. (Disch, 2016).
Other organisation (trust and charity): Voluntary organisation is not owned by any
individual but the group of people decides to serve them in various ways. In other ways,
they try to help particular kind of people like handicapped children, blind people, etc.
3.2 Discussing the nature and key features of registered company
The features of registered company are as follows: Separate legal entity: It tends that the businessman and business are treated as two
separate entities. Capacity to sue and being sued: Registered Company has the capability to sue other
company and also being sued by another (Bebchuk and Jackson, 2011).
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Separate management: Company has its shareholders and board of directors. They are
the part of organisation but they don't manage company.
Limited liability: The partners of company have limited liability. They are only liable for
the shares which they are hold.
3.3 Discussing the best model for agricultural experiment centre along with the advantages and
disadvantages of PLC
Agricultural experiment centre are the centres which find the solution of food and natural
resources (Abdi and Aulakh, 2012). These centre do research and development on people who
face the problem of food and natural resources and give the best services by solving and
developing methods to overcome from these problems. It formulates the policies which can help
farmers and communities to do their business in an effective manner.
Advantages and disadvantage of PLC
The business can have its separate entity.
If shareholders leave or dies the business can still continue.
PLC can raise a large sum of money. There are many rules and regulations followed by the business to protect public
enterprises.
Disadvantages of PLC
There are many legal formalities.
They can face the mismanagement as they grow large.
TASK 4
4.1 Discussing alternative dispute resolution (ADR)
ADR is the method of solving disputes outside court by mutual settlement between
parties. ADR includes negotiation, conciliation and arbitration. It saves the cost of both parties.
There are two most common forms of ADR such as meditation and arbitration. These two always
use first to solve any disputes in this case. I will use the arbitrator. Arbitrator includes little
investigation and simplified rules to solve the problem (Appleman, Appleman and Holmes,
2015). If both arbitrators are not able to make the decision then, they can appoint the third
arbitrator. Arbitrator collects the information from panel. The decision is not declared in public.
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Information which arbitrator collects is from the sources such as recent arbitration decision, state
material, conflict research articles, federal judicial centres, etc.
CONCLUSION
This report is based on the laws applied on different organisations. In this report, it the
way in which law has an impact on the business environment is mentioned. There is an
introduction about ELS laws and the sources by which ELS collects the data. After this, I
mention the way in which bills become the laws by following specific steps. The bills can passes
by any employee of parliament and from that it go through from many stages after that if
parliament accept the bill its becomes the law. There are different kind organisation such as
private and public which their nature their operations are also different. Registered companies
have the separate entities and they have their separate management. Their are agricultural centre
which look after the quality of food and resources and they also develop the solution for the
problem faces in food and resources. Some of the case are solves out side the court and this is
done by the ADR. ADR is method of solving the disputes in arbitrator play important role to
solve the certain issues.
REFERENCES
Books journals
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Abdi, M. and Aulakh, P.S., 2012. Do country-level institutional frameworks and interfirm
governance arrangements substitute or complement in international business
relationships?. Journal of International Business Studies. 43(5). pp.477-497.
Appleman, J.A., Appleman, J. and Holmes, E.M., 2015. Excuses for Nonpayment and Defenses
to Actions for Premiums (Vol. 5). Appleman on Insurance Law and Practice.
Bebchuk, L.A. and Jackson, R.J., 2011. The law and economics of blockholder disclosure.
Bishara, N.D., 2011. Governance and corruption constraints in the Middle East: Overcoming the
business ethics glass ceiling. American Business Law Journal. 48(2). pp.227-283.
Clark, W.H., 2011. The relationship of the Model Business Corporation Act to other entity laws.
Law and Contemporary Problems. 74(1). pp.57-77.
Dickerson, C.M., 2014. Bringing Formal Business Laws to Cameroon's Informal Sector: Lessons
and Cautions from the Tax Law Example. Wash. U. Global Stud. L. Rev.. 13. p.265.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Greenleaf, G., 2012. Global data privacy laws: 89 countries, and accelerating.
Online
Public limited company. 2017. [Online]. Available
Through:<http://www.safeshieldllc.com/Public-Limited-Company.aspx>. [Accessed on
8th June 2017].
ELS law. 2017. [Online]. Available Through:<http://els-law.co.uk/about-us/>. [Accessed on 8th
June 2017].
What is Alternative Dispute Resolution?. 2017. [Online]. Available
Through:<http://hirealawyer.findlaw.com/choosing-the-right-lawyer/alternative-
dispute-resolution.html>. [Accessed on 8th June 2017].
What Is Lobbying?. 2017. [Online]. Available
Through:<http://www.agt-info.org/government101/Pages/whatislobbying.aspx>.
[Accessed on 8th June 2017].
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