Business Law Report
Added on 2020-12-10
18 Pages5912 Words71 Views
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Business Law
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1 ...........................................................................................................................................1P.1 Different origin and sources of law and laws an organisation must comply with ...............1P. 2. Role of government in law making and application of law in justice................................2TASK 2............................................................................................................................................4P.3 Impact of company, employment and contract upon businesses..........................................4TASK 3............................................................................................................................................6P.4 Suggesting legal solution for different problems..................................................................6P.5 Justification to use of legal solutions ..................................................................................8TASK 4............................................................................................................................................9P.6 recommendation of legal solution based on different legal framework..............................9CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................12
INTRODUCTIONBusiness laws is also considered as commercial law that usually governs the dealingsbetween people and commercial matters. These legislations are made to control the businessoperations and providing various rights to parties under contract. In UK, there are various rulesand regulations have been made by parliament which helps in monitoring and regulation ofdifferent contracts related to employment and company (Sheikh, 2013). Present report is alsobased on analysis of difference sources of law and legislation that organisation needs to complywhile carrying out business operations. Moreover, role of government in formulation of laws isalso discussed along with the application of statutory and common law in justice courts. Specificcase studies are also analysed to determine the impact of company , employment and contractlaw on business operations. At last, different legal solution based on another country's legalsystem are also evaluated in this report.TASK 1 P.1 Different origin and sources of law and laws an organisation must comply with Sources of English Law: English legal system is from different four sources. The act ofparliament is made by parliament, common law is made from case laws and judgements passedby judges at courts. Legislation is made by authorities under parliament and European Union lawis made from regulations, treaties, decisions and directives. Act of parliament: Primary legislation is the most important source of law. Thislegislation is termed as an act of parliament (Besson and d'Aspremont, 2017). This legislationcomprises codification, law reforms, revenue collection regulations, consolidation and speciallegislation. This act is exclusively made by the parliament. The act is made by going through along procedure and with the approval of both houses of parliament the act comes to an existence.Common law: The laws which are made by taking consideration and interpretation fromprevious judgements are passed by higher courts. According to doctrine of judicial precedent, ajudge is responsible to decide a case and it is the responsibility of parliament to make law inaccordance with judgement passed. Customs: The behaviours, beliefs and habits of a society and people living in that societyare generally called as customs. These customs are foundation for making of common laws. Theapplicability of these law extents to area either to the complete area or a part of that area. Thelaw made with taking into consideration the customs shall be reasonable, acceptable and rational.1
Legislation: These are termed as secondary or delegated legislation. These are the lawswhich are made by the local authorities and public bodies with the power vested to the byparliament. The power is given to these authorities to make regulations and laws for specificpurpose or for particular issue. European law: Out of many member states of European Union, UK is one member anddue to this, the EU law has become an integral part of English legal system (Friedli and Stearn,2015). Any conflict if arises between the two laws, EU law always have an upper hand and isconsidered over English law. Though it haves an overriding effect on English law but it does noteradicate the English law.The laws an organisation must comply with:Employment law: An organisation carries out its operations through its employee. Toprotect the interest of employees, this law came into existence. This ensure that employees aretreated fairly and equally with respect to wages, leaves, termination, appointment and pensions.Consumer law: Consumers are the one who ultimately consume goods and servicesprovided by an organisation. This law gives consumers certain rights to protect their interestagainst malpractices. The consumers are also bounded with some responsibilities against seller toprevent them from doing illegal or unfair practices.Company law: For establishment of a business, the law which shall be considered iscompany law. To give the business a legal structure and recognition an organisation is bound tofollow all the regulation stated in company la. With this, it can come into a legal existence. Anon-compliance with this law can result in legal consequences.Competition law: With an entrance in the market, an organisation faces toughcompetition. This law is designed for prevention of unfair an illegal trade practices. An unfairpractice in competition strangles the competition and reduces the choices available to consumers.Health and safety law: this included many criteria that ensure good health and safety ofemployee employer comply with regulation provided by UK government. These are related withproviding healthy workplace along with appropriate temperature, fresh air and proper facilities ofwater and sensitization,.Fire safety: the employer is responsible to ensure fire safety of its employees. Asresponsible person employees shall carry out fire risk assessments and review it no regular basis.2
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