Sources of Business Law in UK
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Added on 2020-10-05
Sources of Business Law in UK
Added on 2020-10-05
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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................1P1. Different sources of UK Law...........................................................................................1P2. Defining the role of government in law making and application of statutory and commonlaw..........................................................................................................................................2in justice court........................................................................................................................2M1. Evaluating effectiveness of legal system in recent reforms and developments.............3LO 2.................................................................................................................................................4P3. Elaborating with example the impact of company, employment and contract law onbusiness...................................................................................................................................4M2. Differentiating between legislation, regulations and standards with impact on business.5D1. Critically evaluation of the legal system and law............................................................5LO 3.................................................................................................................................................5P4. Formation of different types of business organisation on legal basis..............................5P5. Management and funding aspects of different types of business organisation................6M3. Advantage and disadvantage of different business organisation....................................7D2. Critical review and evaluation of different types of business organisation.....................8LO 4.................................................................................................................................................9P6. Identifying & recommending appropriate legal solution for resolving two differentdisputes ..................................................................................................................................9with relevant examples...........................................................................................................9M4. and D3. Comparison and evaluation of the different sources of legal advise and support..............................................................................................................................................10CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................11
INTRODUCTIONBusiness Law applies to the context of business operations and processes. Business law is alsoknown as Commercial Law, it is body of law which regulates and governs the trade andcommercial business practices of any company. A company should adhere to all the applicablerules, regulations, laws. With the help of business law, dealings between public and privatematter can be governed. The present report is based on Global Solicitors, a law firm whichprovides legal advises, solution to all dispute and employment related cases. The report willexplain different sources of law along with role of government in making of law. How company,employment and contract law impact business will be defined. Formulation of different types ofbusiness organisation and their management will be disclosed in the report. At last, the reportwill shed light on different legal advices, solution and support available for effective disputecases resolution.MAIN BODYLO 1P1. Different sources of UK Law.Sources of law refers to origins of laws, rules, regulations which are binding guidelinesthat enables any state in governing and regulating its territory.Sources of law includes following:1.European Law – It has been a source of UK law from 1973, which takes priority in caseof any conflicts or disputes. It has following sources included in:Treaties – Are legal obligations directly enforceable by individual citizens under the Article of119 of the Treaty of Rome. It emphasizes on factors related to the equal treatment of men andwomen in employment (Alix Adams., 2019. Business Law file). Regulations – Helps in imposing uniformity of law among all the community by taking intoeffect all member states on immediate basis after being issued. Directives – Is applied to all the member state with intention of harmonisation of law betweenthem by making it similar but not in identical form. Decisions – It grants power to party either to do something or prevent it from doing something. Itlays impact on only particular member states, company and individual.1
2.Delegated Legislation – This are considered as the indirect or secondary legislationmade outside parliament by bodies with the exercise of legislative powers delegated byAct of parliament. Four types of delegated legislation are:Orders in council – In case of national emergency, the Emergency Powers Act 1939 and 1984gives law making powers to the Pivy Council.Statutory Instruments – Are developed by government departments for executing generalprinciples of policy and guidelines set out in the Act of parliament. It empowers State secretaryin formulation of rules for safeguarding credit facilitates of users.Regulations to implement law from the European Union – Ministers and governmentdepartments are empowered by the European Communities Act, 1972 for implementation ofprovisions related to directives and treaties (Alix Adams., 2019. Business Law file).Bye laws – Regulates all the facilities provided by local authorities and other regulatory bodieshaving statutory powers.3.Act of Parliament – On of the main source of UK law, a Bill after approval frommajority in the House of Commons and the House of Lords along with assent by thereigning monarch becomes an Act of Parliament. It thus is enforced in all applicableareas of the UK.4.Case Law – It is based on the doctrine of stare decisis and known by name such asCommon law, Judicial Precedent. It is considered as accumulated principles of law whichis derived from centuries of decisions. All the judgements passed by judges are recordedin important cases and thus become sources of law.P2. Defining the role of government in law making and application of statutory and common lawin justice court.The government of every country plays crucial role in formulation and implementation ofnew law or for making amendments in existing law. The proposed law contains all the new rules,amendments, guidelines and principles. It can also be used for implementing any changes in theexisting laws and rules which are helping states or member states in governing and regulating itsterritory. The proposed new law is called a Bill which is represented in both the Houses viz.Houses of Commons and Houses of Lords. The bill is introduced by First reading i.e. an official2
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