Business Law and the Legal Environment

This assignment delves into the multifaceted world of business law, examining key concepts such as corporate governance, environmental regulations, and legal issues in arts management. Students are tasked with analyzing provided legal texts and cases, demonstrating their understanding of legal principles and their application to contemporary business scenarios. The assignment also encourages critical thinking about ethical considerations in the business environment.

BUSINESS LAW

Table of Contents
INTRODUCTION..............................................................................................................1
TASK 1.............................................................................................................................1
P1 Structure of English legal system and different sources of laws.............................1
..................................................................................................................................... 2
P2 The role of government in law making and how different laws are applied in justice
courts........................................................................................................................... 3
TASK 2.............................................................................................................................4
P3 Workers legal obligations, contact law and employment impact for the scenario...4
TASK 3.............................................................................................................................6
P4 Legal solution for Mr Dan and Calvin cases...........................................................6
P5 Justifications for Calvin and Mr Dan cases.............................................................8
TASK 4.............................................................................................................................9
P6 Explain the concept and benefits of using alternate dispute resolution process.....9
CONCLUSION............................................................................................................... 11
REFERENCES...............................................................................................................12

INTRODUCTION
Business laws are considered by the firms in order to maintain the rules and
legislations effectively and efficiently. The report includes the English legal system and
different sources of law which and firm should follow to manage their activities and
operations. The role of government for making a bill and passing it for becoming an act
of parliament process is also discussed in this report. The report also covered the
impact of laws in an organisation and employees legal obligations in the firm. The case
of 16 year old girl and legal solution for both Mr Dan and Calvin cases is also explained
very well. Justification for both cases is also included and will be discussed. Finally, the
alternative dispute resolution process and one of its elements used for managing the
case of Antwon and Tyrell will be discussed in this report effectively.
TASK 1
P1 Structure of English legal system and different sources of laws
The English legal frame work consists of different laws and regulations that are
followed by the UK people. It consists of criminal and civilian laws which have been
imposed. Supreme court comes at the top of legal frame work as cases related to both
criminal and civil laws are filed and heard here (Allen and Kraakman 2016). At lower
level magistrate court exist which hear only criminal cases. Moreover, verdict is given
on basis of proof and evidences. If parties are not satisfied with the result they can
appeal in crown court that is above magistrate court. UK legal structure allows all cases
related to criminal activities to be filed and heard in crown court also. Moreover, in the
end if parties are not satisfied with crown court, supreme court is available to them. The
decision made by this court will be final and parties have to agree with it.
Along with this, civil law structure is having three levels. They are country, high
court of Justice and last appeal. Cases like domestic violence, harassment, etc. are
filled and heard in country court which is at the lowest level. Further appeal can be
made in High court of justice where investigation can be done to correct the decision
made by country court. Court of appeal comes at top where critical and complex cases
are been investigated. This court is bounded by some laws described by Supreme court
(Beatty, Samuelson and Abril 2018). It is because Supreme court is considered a top
most legal authority in both criminal and civil law.
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Illustra
tion 1: English Legal System
Furthermore, in UK there are some business laws exist that needs to be
followed. These laws are developed by UK Parliament to allow business to regulate
business activities and operations. It sets boundaries within which business has to
operate. Moreover, it gives right to people to take legal action against business. Thus,
there are several laws that is been implemented (Bird, Cahoy and Prenkert 2014).
These are as follows:-
 Common law- They are common laws which is developed by different courts. It
is made to ensure that business activities should regulate with ethical
perspective. It is imposed to bring all business and enterprise under some
common situation.
 Legislations- It refers to an act developed by Parliament that consists of
different acts and amendments. It is common for all people. It consists of two
elements that is, house of lords and house of common.
 Law for human rights- These laws are related to work force that works in an
organisation. It protects them from discrimination and against any unfair
practices. These laws are made by UK government and is mainly imposed on
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industries and enterprises. It is known as fundamental rights of individuals and is
complied in civil law (Clarkson, Miller and Cross 2014).
P2 The role of government in law making and how different laws are applied in justice
courts
In every country legislation and laws are implemented to protect interest of
people and providing fundamental rights to them. It is ensured that laws and regulation
is properly followed and implemented. In UK there is a legal structure that consists of
criminal and civil law. Under them various laws are developed relating to people and
business. The government plays an important role in developing laws. They make laws
in the parliament with the help of opposition party. Government also ensures that these
laws should be imposed in respective area. There are various roles of government
which is described below:-
 Analysis of case- The government is responsible for developing laws by
analysing issues and problems faced by the people in the country. Then they
formulate a bill or act in the parliament (Crane and Matten 2016). In UK there are
three authorities that is legislative, executive and judicial. They solve problems of
people and on basis of it develop rules and regulations.
 Formulation of bill- It refers to a legal document that consist of information
about laws which is followed in specific situations. The government formulate
bills regarding several situations and present in House of Common. This bill is
only applicable if its is passed in the parliament. Here, house of lords and house
of common plays a crucial role. They help in passing the bill so that can be
implemented.
 Providing core information- Here, government collects info on various issues
and problems that are existing within country. Then this information is passed on
to parliament for discussing solutions. All information and bills related to it are
disclosed in parliament so that laws can be created or made.
 Procedures of making laws- Government follows the procedure in developing
laws that is abided by the constitution. It helps in making amendments in bills
whenever required (Kraakman, and et..al 2017).
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 Representation of bill- The government represents bill in the parliament after
making amendments in it. It is the last chance as it covers complete report of bill.
 Amendments- In this stage a discussion is done by government to make
amendments in the bill. It is done to change some laws so that it is beneficial for
the people. The amendments are made by having voting in the parliament.
Therefore, bill is revised and presented again in house of lords and common
(Rutledge and McGuire 2015).
 Completing the legal procedure- The procedure of formulating a bill is
completed by government in the parliament. It is done when all member of
parliament make their consent towards the bill. After this it is presented in both
houses and then goes to the Queen for approval. After approval it becomes a
law.
 Providing information- It is the duty of government to provide information to
people via website or media about law and legislation which is incorporated. This
will help people in knowing about solution of their problem. Also, industries gets
aware about new policies or rules through this information.
Furthermore, common and statutory laws are followed by the UK to solve specific
problems or cases. The use of these laws are stated below:-
 Common law helps in resolving cases related to criminal, coercion cases, fraud,
etc. that has occurred before (Vagts and et..al 2015).
 Statutory laws is a law in which decision is made by the judge by concerning the
written law. It is the most common law followed in the court of UK. It is followed
when a situation is not clear to court and decisions are made at operational level.
Hence, an effective legal system in UK allows people to follow laws and legislation.
Also, government ensures that laws are imposed properly and people issues are
solved. Government is not only abide by constitution but also by legislation of
parliament. It forces them to maintain an effective legislation system to manage and
develop laws. Thus, in July 2015 a decision was taken in which all public limited
companies have to disclose their audit report to people in every ten years ( Tushnet
2017).
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TASK 2
P3 Workers legal obligations, contact law and employment impact for the scenario
(A)
Health and Safety act 1974: The act protects employees towards their health and
safety operations at work place effectively. This will help them to be sure about their
security and safety at workplace towards heavy and dangerous machineries efficiently.
 It includes the safe use of heavy and dangerous machines at workplace.
 Health surveillance for workers and protection as well.
 Effective maintenance of systems, machineries, working environment and plans.
 Management organizes the health and safety training programs effectively.
 Employee’s welfare provisions towards their work place.
Workmen's compensation act 1897: This act is very useful for employees working in
the firm towards their compensation activities effectively. This will provide benefits for
them in terms of managing the work from home, leaves and effective policies for
compensation and comparative efficiently (Vogenauer and Kleinheisterkamp, 2015).
 Management must provide compensation for employees in case of health issue
or injuries effectively.
 Compensation policies and plans managed by management with the advice of
workers.
 Medical compensation and occasional leaves for employees.
Harassment act 1997: The act for harassment helps employees to ensure their
security from the harassment activities in the firm effectively. This act prevents
management to harass any employee in the firm towards his work efficiently (Stauch,
2017).
 The act helps workers to secure their harassment from management in terms of
religion, extra working or sexual harassment effectively.
 The act provides information to employees towards their physical, sexual and
psychological harassment.
 It also provides a clear statement for harassment activities.
 Manage the risk of violence towards employees work in the firm effectively.
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Equality act 2010: This act will help workers by providing them equal opportunities of
working and other activities in the firm effectively (Richardson and Mazey, 2015). The
equality between employees must be in sex, age, gender, race, religion or any kind of
disability efficiently and effectively.
 Provide equal opportunities and also the work with selecting the phase of pre-
employment effectively.
 Equal trainings and promotions for all the employees in the firm.
 Equal opportunities for employment and also the liability with healthy decision
efficiently.
(B)
Health and safety act 1974: The act protects employees towards their health and
safety operations at work place effectively. This will help them to be sure about their
security and safety at workplace towards heavy and dangerous machineries. From the
above scenario it can be said that the girl working in a fast food outlet of cooking fries is
just 16 year old that very first she is a child labour in terms of laws and legalisation
effectively. The leaders were also not paying their attention at workplace that the
accident happened with the girl effectively. The lack of monitoring unable the leaders to
detect that the ice machine was leaking and the girl slipped. The Contract Act 1990 will
be applied in this situation that she burned her forearm and left hand instantly. The firm
is responsible for the accident and should provide medical facilities to the girl effectively.
The 16 year girl has also legal rights to claim against the firm in case they refuse to pay
her medical charges or providing her the instant treatment for the injury effectively. In
this case the child labour act will also applicable that the girl working in outlet is just 16
years old and the firm is in a fault to use a child labour for their work effectively. The
business should considered that they will never use such type of child labour again in
the future for their work effectively (Buba, 2017). The Employment Act 2002 will also
applicable for the situation that the girl can also claim insurance for her damage
effectively and efficiently. The health and safety act describes that the firm and leaders
are unable to maintain their machineries at workplace that the girl slipped from water
leaking in the ice machine effectively (Rembar, 2015). Thus, the leaders and firm is
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responsible to bear the medical charges and make sure that it will never happened
again in the future effectively.
TASK 3
P4 Legal solution for Mr Dan and Calvin cases
In the case of Calvin, who is working in a fashion store for 4 years. One day
Monday morning when the owner of the firm Mrs Donna arrives at work she found
something suspicious in the behaviour of Calvin and noticed that there is something
wrong. She checked the petty cash box and founded that £100 is missing from the cash
that this activity made her angry and furious effectively. She instantly called Calvin by
calling him a thief and dismissed from his job without any notice or investigation
effectively. The legal solution for Calvin is that the owner Mrs Donna is in a fault for
terminating him without and notices to leave the firm or investigation from other
employees working in the store effectively (Schwabach, 2014). In respect to this, Calvin
has legal rights to claim against Donna for such a wrongful and unfair dismissal
effectively. The Employment Act 1996 will be applicable for the situation in which Calvin
has legal rights to claim against Donna in the court for the unfair dismissal and also to
prove him innocent towards this activity effectively and efficiently. Apart from this,
Donna can also dismiss Calvin from his job if he would be founded as a thief but she
needs to be sure about this with investigating other employees in the firm. She should
give a one moth legal notice to Calvin for leaving the job that she instantly called Calvin
and terminated from his job which is illegal and unfair effectively. The owner should
ask other workers for this activity in the store and investigate the situation at he own
level. The Contract Act 1950 will be applicable That, Calvin has legal rights to claim
against Donna in the court for proving him innocent and also apologised from Donna for
such unfair and wrong activity effectively. Calvin is able to take appropriate action
against Donna for the wrong dismissal and also not to feel guilty about this.
In the second case where Mr Dan is a legal owner of a convenience store and
also a father of Kelvin. Mr Dan faced loss from fire in his convenience store which
damaged all the elements in his shop completely and effectively. In addition to this Mr
Dan opened a new convenience store at a different place and claimed for hi previous
damage to insurance company. Insurance company asked in a proposal form whether
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Mr Dan made his claim within past two years that Mr Dan provided them a wrong
information that he has made his claim within past two years but actually it was 23
months ago effectively (Emir, 2014). This is the wrong information provided by Mr Dan
due to the lack of knowledge about insurance agreements and policies. The Contract
Act 1950 will be applicable for this situation which describes that both parties will
provide correct and appropriate information in the documents to maintain the integrity of
agreement effectively. Now Mr Dan claimed for his previous store for bearing the losses
by insurance company. The insurance company has refused to bear the losses of Mr
Dan that they provided them wrong information which is against to the rule and policies.
Thus, Mr Dan is not liable for talking the advantage of claim and to bear the losses by
insurance company effectively. Thus, the insurance company will not accept the claim
given by Mr Dan and also not bear the losses from fire effectively and efficiently
(Robinson, 2017). The Contract Act 1950 also provides authority to insurance company
to claim against Mr Dan in the court for providing the wrong information and claiming as
well effectively. Thus, Mr Dan should read all the documents carefully to avoid the
misunderstandings and issues which unable him to make an insurance claim effectively.
Thus, the insurance company refuse to pay and can also claim against Mr Dan for
providing such wrong information according to the contract act.
P5 Justifications for Calvin and Mr Dan cases
It can be easily justify from the Calvin case that he was terminated wrongfully
and unfairly effectively. The owner of the firm Mrs Donna dismissed Calvin instantly
without any investigation or notice to leave the firm (Schell, 2017). Thus, Calvin has
legal rights to claim against Donna in the court for proving him innocent and not to feel
guilty for the activity. Mrs Donna is in a fault for dismissing Calvin unfairly that she could
ask other employees in the firm about the activity. It can be said that Calvin was working
in the store for 4 years which proves that he is an honest and loyal employee towards
his work without any complain and issues effectively. Thus, the termination of Calvin is
very wrong and unfair which allows Calvin to make a claim against Donna in the court
for proving him innocent and also not to feel guilty about this activity effectively.
According to The Employment Act 1996, Donna should investigate the situation form
other workers in order to find the real thief effectively. Apart from this if Calvin founded
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as a thief and fell guilty about it, Donna should give him a one month notice to leave the
firm and job (Newman and Bach, 2014). Thus, she instantly called Calvin and dismissed
him by calling a thief. Thus, Calvin has legal rights to claim against Donna in the court
for proving him innocent and not to feel guilty. The act will also hem him to provide
proper compensation from Donna and Apologised for the situation and decision
effectively. In this case it can be justify that the action taken by Donna is wrong and
unfair towards Calvin for terminating him. The Contract Act 1950 will be applicable for
this which states for a wrong and unfair decision which makes Calvin able for proper
compensation from the owner of the firm effectively and efficiently.
In the second case it can be justified that Mr Dan who is a legal owner of a
convenience store and also a father of Kelvin faced heavy loss from fire in his store.
The fire destroyed all the store completely and effectively. Mr. Dan opened a new store
at a different place and make claim for insurance. The insurance company refused to
pay the losses even the second store of Mr Dan burned from fire again. The insurance
company reject the claim by proving that Mr Dan provided them wrong information in
the insurance documents effectively. According to The Contract Act 1950 both parties
Mr Dan and insurance company should provide all the information and data correct and
appropriate to maintain the integrity of insurance agreements effectively and efficiently.
According to the documents Mr Dan assure them that they have made the insurance
claim within past two years. The actual claim was 23 months ago that one month left for
the claiming time but they ensures them that they haven’t made any claim within past
two years. Thus, Mr Dan provided them wrong information about the claim timings.
Thus, the insurance company has refused to bear the losses of Mr Dan and also have
legal authority according to The Contract Act 1950 to claim against Mr Dan for providing
them wrong information in the court effectively (Weisberg and Appleton, 2015). Thus, it
can be justify from Mr Dan case that they are not able to take the insurance benefits
and also in a fault for providing wrong information effectively.
Thus, it can be justified from both above cases that Calvin was dismissed wrong
and unfairly by the owner Donna. Thus, Calvin is able to make a claim against Donna in
the court for proving him innocent and also not to fell guilty about the activity effectively.
In the second case Mr Dan who provided a wrong information of claiming times due to
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the insufficient knowledge. Thus, the insurance company refused to pay his losses and
also have legal rights to claim against Mr Dan in the court for providing wrong
information according to the contract act effectively and efficiently (Rushton, 2014).
TASK 4
P6 Explain the concept and benefits of using alternate dispute resolution process
There is a trail is not only way to solve the legal disputes of an organisation.
Alternative disputes resolution process is less formal process and less time consuming
and expensive process which are necessary to take by company in order to resolve
their legal issues and disputes within the firm and from other companies as well. ADR
process would provide the alternative information to peoples whether and how their
disputes would be resolved. Benefits of alternate disputes resolution process: Lower cost is a most
benefits of ADR process in which all the activities can be done at lower rate and
also it is effective for the company to resolve their legal disputes (Mann and
Roberts, 2011). A business can spend more money in terms of gathering
important information and time spending its principle and prepare documents so
that less time a company can spend to take this action. Many of legal disputes
takes time to resolve but in this process the result of legal disputer are faster than
other legal process and more flexible in nature ADR can be taken at any time
without having a wait for court schedule. Mediation: In this process, an impartial person this is called a “mediator” assists
the activities to solve the disputes and reach to the acceptable resolution of the
disputes between the two parties. The mediate does not decide the final result of
the dispute but helps in practices communicating both the parties and could try to
solve the disputes themselves. Arbitration: In this process, a neutral person this is called arbitrator are liable to
hear all the evidences and arguments from each side of the disputes then make
an appropriate decision towards the dispute (Spalding, 2011). This is a less
formal process of resolving disputes between two parties and their evidences are
many times relaxed.
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 Neutral Evaluation: In neutral evaluation process, each party of disputes get the
chance to proof their evidences and present their case of each side in front of
evaluator. Then the evaluator furnish an opinion on the strength and weakness of
each evidences presented by each parties and give suggestion about how
disputes can be resolved.
B. Recommendation of alternative legal solutions
As we have mentioned above three ADR process which are most useful for most
of the companies to resolve their legal disputes. In this given case in the case study
between Antwon and Tyrell company. They both are making computer software and
Antwon's employee use them to market predictions so that resolving this current dispute
between both these companies, we must have mediation alternate dispute resolution
process to solve this issues.
 Mediation: It seems very effective method for resolving this current disputes
between Tyrell and Antwon companies case so that there must be a mediator
between them to resolve the problem. In this approach we would consider a
mediator to solving this issues in appropriate manner (Khurana and Nohria,
2010). With the help of this approach, both companies owner must be presented
at the place of solving the case and must give them opportunities to present their
own review, evidences and arguments to proper discuss their all the issues and
problems which are facing by both the companies and mediator should help to
communicate both the party's suggestion and also mention all the requirements
in which they want to settle their disputes. As we know that both parties wants to
settle their disputes so that if both the parties requirements are satisfied with the
appropriate suggestion of mediator between their requirements then they would
be able to go for these settlements and make some policies and rule with the
satisfaction suggestion of the both parties so that they would be able to make a
clear decision in the favour of both the company and as they want to make their
new joint venture for the firm, according to them mediator make an effective
decision to mention all the aspect in the mind.
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CONCLUSION
It can be understood from the above report that English legal system is a
legislation and a statutory system which defines two types of laws criminal and civil law
effectively. The laws have their own importance and also the government of UK has a
mail role in making laws for businesses effectively. The process for generating a bill and
passing it for becoming an act of parliament effectively. Business should also follows
the rules and regulation to maintain the integrity effectively. Legal solution for both
Calvin and Mr Dan cases is included and the justification for both cases describes that
Calvin has legal rights according to the employment act to claim. Apart from this
according to the contract act Mr Dan is not liable for taking his claim to bear the losses
by insurance company that they provided wrong information and breaks the rule of
policies effectively. The process of Alternative Dispute Resolution and one of its
elements used for managing the case of Antwon and Tyrell effectively.
REFERENCES
Books and Journals
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Vogenauer, S. and Kleinheisterkamp, J. eds., 2015. Commentary on the UNIDROIT
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Clarkson, K., Miller, R. and Cross, F., 2014. Business Law: Texts and Cases. Nelson
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