Business Law Report: Legal Frameworks and Business Challenges

This report provides a comprehensive overview of business law in the UK. It begins with an introduction to the fundamental principles of English law, including its sources, such as legislation, case law, and parliamentary conventions. The report then delves into the role of the government in law-making, differentiating between common, statutory, and equity law, as well as contract and company law. Furthermore, the report explores employment and contract law, examining their effects on businesses and defining key aspects of employment, including hiring and firing practices and the employer-employee relationship. The report also addresses appropriate legal solutions for a range of business problems and provides justifications for these solutions. Finally, it concludes with a discussion of different legal frameworks relevant to businesses operating in the UK.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................4
P1. Different sources of English law...........................................................................................4
1. Meaning and purpose of law..............................................................................................4
2. Evolution of legal system...................................................................................................4
3. Sources of Legislations......................................................................................................4
4. Various acts that are required to be complied by the organisations ..................................5
P2. Role of government in law making.......................................................................................6
1. Difference between common, statutory law and equity.....................................................6
2. Difference between contract and company law..................................................................6
3. Role of Government in law making........................................................................................7
TASK 2 ...........................................................................................................................................8
1. Meaning of employment and contract law.........................................................................8
2. Effect of contract as well as employment law on Business ..............................................8
3. Explaining the way employment in relation to hiring and firing is defined.......................9
5. Explaining the way employer as well as employee relationship interact with
employment law.....................................................................................................................9
TASK 3..........................................................................................................................................11
P4 Appropriate legal solutions for a range of business problems............................................11
P 5 justification related to the above legal solutions.................................................................12
TASK 4..........................................................................................................................................13
P6 Different legal framework....................................................................................................13
CONCLUSION .............................................................................................................................14
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INTRODUCTION
The business law includes legislations which purpose is to govern the way organisation is
established and regulate business activities. Commercial law governs all the aspects of business
such as manufacturing, selling of products or services, financial transactions, etc. Another
purpose of creation of regulation or legislation is to assist organisation in solving various
problems. The laws in UK are developed for governing as well as regulating organisation
operating business activities in England and Wales.
The purpose of report is to highlight objectives of legislations in UK. It also emphasizes on the
evolution of English laws. Project also has to focus on identifying the effect of several norms on
business.
Please always start your next task on a new page each time after an introduction.
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TASK 1
P1. Different sources of English law
1. Meaning and purpose of law
Legislation refers to combination of code of conduct which is created by legal authority
in country with intention to bring improvement in business system. Business law is required to
be complied with the persons or entrepreneurs who are planning to establish new business
venture, executing business operations, etc.
2. Evolution of legal system
The English legal is founded on over 900 years of law practice in United Kingdom. There
has been tremendous change in legal system over a period. During 1066, in the rule of King
William I, the Anglo-Saxons were free to follow the extant legislation. It was not until the 1200
in the rule of King Henry that a centralised system of common legislation was constituted. This
is the same ‘Common Law’ that very much prevails in present scenario. Perhaps, it is
persistence of same working law over period of so many centuries that legal system of United
Kingdom maintain its value One of impressive facts of British law is that legislation from
traditional times is still considered valid to level that some norms are also re-established by
creating as well as passing new laws. Objective of several regulations or legislation is legal
system is to restrict unfair completion and limit the unethical trade practices. Another purpose of
creation of these norms is to assist organisations in identifying the appropriate solutions for
resolving commercial disputes (Cameron, 2017)
3. Sources of Legislations
There are various sources from which several laws in English legal system have been
evolved. These are primary as well as secondary law, case law, parliamentary conventions and
Common law, etc.
Primary legislation - It is also recognised as statutory legislations which have evolved in the
form of act of parliament, actions as well as measures introduced by Scottish parliament and
statutory code of conduct of the Northern Ireland Assembly.
Secondary legislation – It is also known as delegated law in which the authority is given by
parliament to government related to formation of legislations.
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Common law-Common law is a term with existent source in the legal system of England. This
legislation are created by the judge in the court which is to be followed by magistrate in lowers
tribunal.
European convention of human rights: As UK was member of European Union, its legal
system is influenced by law developed by EU. Human Right Act, was created in October 2000. It
provides all other courts to facilitate decision in order to protect right that has been known in
ECHR.
4. Various acts that are required to be complied by the organisations
Misinterpretation Act 1967 – According to these norms, there are two types of misrepresentation
which are innocent and fraudulent. Innocent representations refer to the situation when an
individual has entered into the contract or agreement without knowing the fact.
Misrepresentation is defined as misleading statement of fact made by one party to another that
induces the other to contract with him.
Companies Act, 2006 - This law has been originated from the common law. It provides
comprehensive codification as well as regulation of company law for the United Kingdom.
Companies Act, 2006 specifies the duties of directors and transparency in document provided by
organisation, etc.
Contract Act 1999 - This norm enables the third party to enforce contractual term. It also allows
third party to gain several benefits by implementing the contract (Bodie, Kane and Marcus,
2014)
Advertisement act 1955 - According to this norm or regulation, companies are required to take
permission from legal authority in order to display advertisements which have some special
contents.
Equality Act 2010 - This law has been created by the government authorities in UK preventing
people from discrimination.
Health and safety Act, 1974 - This legislation defines the primal artefact and authorization for
the encouragement, standard and enforcement of workplace health, safety as well as welfare
within an organisation. Good attempt, however you have not address the question in full
please refer to the assignment breakdown.
To achieve this task in full:
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1. Explain what you understand by law within the United Kingdom and explain its purpose.
In the United Kingdom, Republic of Ireland as well as some Commonwealth countries,
the l domestic legislations created by government are recognised as by-laws because their scope
is organized as well as govern by the central legal authority of those countries. As per , a by law
social control officer is the Canadian equivalent of the American Code Social control Officer or
Municipal Regularize Enforcement authority. In the United States, the federal government as
well as legal authority at state level have no direct power or authority to regulate the single
provisions of municipal legislations.
P2. Role of government in law making
1. Difference between common, statutory law and equity
Difference between statutory and common law. The major difference lies in the way
these legislations are developed. Common laws are decisions made by the judge on the basis of
judgement made in existing laws cases. On the other hand, statutory legislations are formulated
by the legal authority in UK.
The other major difference between both legislations is that common law is based on
decision made by tribunal in high court. Statutory is more formal in the legal system that consists
of written laws which are based on certain codes of conduct. Whereas, Common enables judges
to make their own judgement on the basis of decision taken in previous law cases.
Common law Verses Equity
Common law is dependent on precedent. On the other hand, equity legislation consists of
very basic principles. Equity laws support an individual or company in identifying the
appropriate solutions to deal with legal issues. On the other hand, common law does not provide
any kind of such relief.
Equity is based on the principle of reason, good faith and fairness. Whereas, common law
entails applying regulation of common legislations to issue before court (Bagley and Dauchy,
2011)
2. Difference between contract and company law
Company law is defined as the norms related to matters relating to the business itself
such as acquisition or establishment of organisation, types of shares, shareholder agreements, etc.
On the other hand, contract law is to be considered during the interactions between an enterprise
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and another third party such as terms and conditions, reseller agreements, license agreements,
etc.
The company law regulates business activities. Whereas, contract act governs the business
relationship in between companies and a third party.
3. Role of Government in law making
Legal system in UK has Hierarchical structure, in which the decision taken by the
supreme court has to be followed by all other tribunal at lower level of hierarchy. In Uk legal
system, only various members in the parliament has authority to approve the bill and make
changes in the legislations.
A bill is considered as legal document which in bestowed by the legal authorities in front
of parliament. These proposals can also be presented by members in parliament. The bill has to
undergo through several phases in order to become legislation. As the proposal have to be
approved by several authorities, it is the role of legal authority to assure as well as deliver
complete information regarding the problems that are faced by several industries. The role of
legal authority is to draft legal document required which should include solutions for the issues
they have recognised (Allen and Kraakman, 2016)
In next stage, the bill is to be presented for first reading in which committee emphasizes
on considering several constituents such as demand for passing the bill, relationship with social
priorities of legal authority, etc. After this phase, role of government is to make changes or
modification in bill as per feedback provided by members in parliament. In the next phase, bill is
to be presented in front of parliament for second reading, then same should be forwarded to
special committee which is part of parliament for further investigation in which effectiveness of
bill is measured. After assessment of bill, proposal is presented by government for third reading
which includes reporting of results. In next stage, small debate regarding passing of bill may take
place. It is needed by government to get bill approved by houses in order to convert bill into act.
If in case bill is not accepted by members in parliament, then government has to identify
alternative solutions.
Likewise, you have not follow the assignment breakdown in full.
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You have differentiated between statutory law, common law and equity. You have further
explained the differences between Company law and contract law.
The difference between both the laws is that company legislation has been established
by government in order to regulate business activities as well as restrict unfair trade practices.
On the other hand contract laws only governs the relationship between parties. The objective
behind this law is to provide remedies to the party who has suffered losses due to termination
of contract.
To achieve the task in full:
1. Make sure you define and explain the differences between statutory law, common law
and equity.
2. Then review your points to be considered on the role of government in law-making and
the justice system- You can add these points to be considered in your explanation -
Organisation of the judiciary. Jurisdictions and the structures of the court
TASK 2
P3
1. Meaning of employment and contract law
Contract law is governs the offer as well as acceptance of terms as well as conditions,
intention to create legal relations, misrepresentations, content of the agreement and estoppel.
Contract is created when an individual makes an offer, and another person accepts it by
communication their assent or performing the offer's terms.
Employment law includes various aspects of employment such as treatment of
employees, hiring practices and human resources policies, salaries, working hours, organisation
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culture, environment, health and safety of workers at workplace. It defines the roles as well as
responsibilities of employer and employee.
2. Effect of contract as well as employment law on Business
As per the employment laws, the working hours should be flexible. It is required by
human resource manager in private limited company to fix the time of working and set provide
relaxation time to employees as regular time interval such as breakfast , lunch , tea breaks etc. As
this will allow workers to get relax. It will also help employee in increasing their working
efficiency which will help firm in rising productivity. Equal opportunity act states that all the
workers in an enterprise are required to be provided with equal opportunity to work. As the
discrimination policy might have adverse effect on individual or business performance. This
factors also have negative impact on the relationship between employer and employee.
Contract law has great and direct effect on the contractual as well as commercial
relationship between parties. It also has significant impact on the reputation of firm (Park, 2012)
3. Explaining the way employment in relation to hiring and firing is defined.
As per the employment law, the human resource management team in an organisation is
required to follow appropriate criteria for recruiting staff. As this is essential in order to retail
strong relationship with existing workers. Ineffective hiring practices can lead to discrimination
and conflicts at workplace. This factors also have adverse effect on the behaviour as well as
performance of existing employees. Inappropriate hiring practices have negative influence on
business culture as well as working environment.
On the other hand, employment law also states that employer cannot terminate employees
without giving proper reason or notice. If in case the employer conducts unfair dismissal, then in
situation, workers have right to sue employer. This type of activities has direct effect on business
performance, growth and success.
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5. Explaining the way employer as well as employee relationship interact with
employment law
Data protection act- As per this norm, it is the duty of human resource manager to
kept information provided by employee confidential , until and unless required to
be disclosed.
Relation act, 1976-The relationship act dictates that, there should be mutual respect
between employee and employer. As per norm it is required by employee to work
according to the direction provided by employer in order keep the company
working smoothly. Conversely, the employer is required to pay employee and
enable worker to support themselves, and potentially their family, financially
(Lyons and et. al., 2016)
Good attempt Sorin. You have explained what is meant by employment and contract law.
Employment law describes the roles as well as responsibilities of workers as well as
employer relating to maintaining healthy, safe working environment at workplace. Employment
laws involves different laws such as status of worker, wrong full dismissal discrimination act etc.
This legislation has great impact on the employees as well as employer relationship. As per the
employment law , Employees working fulfill time in organization and conducting task for the
benefit of a company can use this risght.
You have further explained company and contract law well done. However, you have not fully
achieved this task. Going forward, I will encourage you to follow the assignment breakdown.
To achieve the task in full:
1. Explain what could be the potential impact of employment and contract law upon a
business? (Give an example of a Limited liability company stating how employment
can be defined)- Use these points to be considered (Flexible working hours, working
time regulations, holiday pay and time, equal opportunities and anti-discrimination.
etc) The impacts should be stated
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2. Using a company of your choice (Use the example of the LTD company mentioned in
point 2) explain how employment in relation to hiring and firing is defined. (Ensure to
use relevant examples). How will this impact upon a business?
3. Explain the responsibility of the director within your given company and discuss how
tasks are delegated to other members of staff. (consider the impact of Company act
2006 on business)
4. Explain how employer and employee relationships interact with employment law using
any 4 of the points to be considered – Sex Discrimination Act 1975, Equal Pay Act of
1970, National Minimum Wage Act 1999, Data Protection Act 1998, Environmental
Protection Act , Employment Act 2008, Race, relation Act 1976
Occupational health and safety-As per the heath and safety act 1974, It is therole of employer
is to assure healthy and safe practices. Employer also required to provide heathy and safe
working environment. Human resource manager is accountable for providing effective
workplace that eliminates serious hazards.
Workplace compensation-Employer in an organisation is responsible for supporting worker in
get rid of work place injuries that could occur due to indecorous handling of equipments or
inappropriate use of technology. As per the the compensation Act , it is essential for the human
resource management in an enterprise to establish the provision or policies to provide
compensation or benefit to the person whoo got injured when working
2. Harassment-The harassment is defined as the misconduct incidental to the protected
characteristic, that intends to impact or exploiting the other person dignity. According to
the equality or Harassment act, it is the duty of employer to provide equal care to all staff
members. Human resource manager or employer is also responsible for ensuring mutual
trust among all stakeholders.
3. Equal Opportunities-It is the duty of employer to ensure that all the members in the
organisation are provided with equal opportunities and there is no discrimination on the
basis of any of the term such as colour, cast, age, disability etc.
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TASK 3
P4 Appropriate legal solutions for a range of business problems
1. Application of company law in forming a company- As law in Uk states
that a public company with a single member cannot be established in
Lesotho. In such situation the legal solution to an entrepreneur is that , it is
required by them to get company registered in systematic manner with
registrar. When in effect an entrepreneur will be allowed to incorporate a
company in Salomon v.
2. Termination of Contract- the conventional termination of the contract may be the
easiest solution for situations. The parties responsible for termination of contract can
provide compensation or other benefits to victim.
3. Correlation of pay and performance- The legal solution is that both the parties in an
contract can facilitate negotiation with each other.
4. Rescuing from insolvency-The solution to the problem is that company is required to
develop effect accounting as well as management system.
5. Liquidating companies-It is required by such firm to appoint liquidator during the winding up of
business. Firm should be debt to its creditors (Cameron,2017)
P 5 justification related to the above legal solutions
Application of company law in forming a company- In such situation the legal solution
provided to an entrepreneur is that , it is required by them to get company registered in
systematic manner with registrar. As this solution will assist business owner in eliminating the
legal issues. It will also support firm in continuing business in smooth way (Jones, 2017)
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