Sources of Laws and Corporate Governance

This assignment delves into the world of laws and corporate governance, covering various sources of laws, including external and internal sources, and their implications on business strategy. It also touches upon the role of government in conducting elections and implementing policies that favor natives. In the corporate realm, it discusses employer-employee rights and the establishment of bureaus for citizen advice.

The Legal Framework and
Legal Solution

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1. Different sources of law.....................................................................................................1
P2. Role of government in making laws and application of statutory and common law.......3
TASK 2............................................................................................................................................5
P3 Potential impact of employment and contract law...........................................................5
TASK 3............................................................................................................................................6
P4. Suggestions for solving business problems......................................................................6
P5. Justification for the solution.............................................................................................8
TASK 4..........................................................................................................................................10
P6.Solutions recommended for country's legal system .......................................................10
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................12

INTRODUCTION
The legal framework and associated legal solutions has an essential role the the country.
They includes all the aspect of a society which can be financially, socially, economically and
most important politically. The various legal structures which are formed should fulfil the
expectation of their citizens as they are formed to serve them for their betterment. Every natives
trust their government which makes various rules and regulations for restricting an unethical
practices in the society as well as in corporate world. Therefore it is very important to maintain
several aspects which are needed to be improved. The following report consist of depicting
various sources of laws and the role of government for making various rules and the applications
of various statutory and common laws in a court. Also, the impact of employment and contract
law has been discussed which has a major impact on business; along with it the appropriate
solutions have been provide for many problems in the conduction of business further
accompanied with the justification for the proper usage of appropriate legal structures (Bagley
and Dauchy,2011). Also the recommendation for improving the legal system of the country has
been provided which covers all the factors and advices which should be maintained in order to
implement these regulations on selective purpose.
TASK 1
1. Different sources of law
With respect to various basics which are related to concept of law, the main function of
them is maintaining structure of society by controlling certain ill aspects of individuals. These
behaviours are enlisted which may lead to violate basic human rights and provide certain
punishment, penalties and warnings to violator. Also, the violation of rules which are provided
for native citizens are regulated by certain bodies of government. There are basically three types
of sources through which several laws are arrived which are Legislation, Common Law and
European Union Law. The English laws are applicable for jurisdiction of England and Wales.
The structure of legislation is further divided into two categories which are primary and
secondary.
Primary Legislation
It comes in the category of delegated legislation which is formulated by deliberate
assembly present in a nation. Also, delegates of parliament are provided with the right to issue
other secondary legislation. There are several laws which are provided in this category like:
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Acts related to Public
These acts are passed by parliament along with the confirmation with royals. These acts
can be of two types where one can be modern and the other is old (Jones,2017). The
categorisation is based on the chronological order. Some acts are transport act 2000 and other
acts which are general since 1988.
Personal and Local Acts
These are introduced to protect privacy of natives which is very crucial in order to
maintain their dignity in society. Local acts are comprised of many benefits which are associated
with many organisations wile personal acts can be related to grants for citizenship, divorce and
changing the name or a title.
Royal Council
Royals play an important role for introducing any new law in the country. These
decisions can be changed by parliament as they limit various decisions which are related to civil
services, appointments of prime minister and many limitations in overseas.
Secondary Legislation
This is regarded as subordinate legislation which is normally introduced by the
representatives of primary legislation authority that includes territorial act, Ireland act, warranty
and regulations act and national assembly of Wales Act.
Common laws are considered as case laws. For providing judgement with respect to any
particular law which includes many judicial precedence and related terms that identifies
similarities in cases for proceeding to make decisions. The case law comprises of criminal laws,
terms and conditions of agency as well as tort laws. These common laws can look similar to
other civil laws but the main difference arise around their origin from various individual sources.
European Union laws are known for their always which are similar to all civil laws.
These laws are made to maintain the unity of various states and help to set up a trade union
which facilitates the trade process among these member states in which they provide lenient laws
which have least barriers for conducting any trade. EU makes sure that no member country is
being discriminated and all of them flourish in their business activities which would make them
economically prosper. It helps to settle down all the related issues which would lead to develop a
peaceful environment.
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There are many important corporate laws in UK based on some major factors that
provides equal rights to employer and employee as well. Some of these aspects include validity
of any firm and corporate culture that can be comprised of financial and internal culture among
employees. To determine the validity of any organisation, the company’s act of 2006 comes into
the role. It deals with the duties of director, taxes related to corporate, institutional transparency
directives, structure of private and public companies (Scholes, 2015).
The division and sources of UK law are:
 Treaties: Presence of treaties like Treaty of Rome 1957 and Maastrichit treaty 1992
revised by Treaty of Lisbon 2009. It defines EU's constitution.
 Regulation: It is intended for the purpose of law uniformity in whole community along
with impact in each member state.
 Directives: Comprises different fruitful law sources along with use in every member state
for leading harmonisation in member states.
 Decision: It gives impact on particular member states, organizations and individuals as
well.
P2. Role of government in making laws and application of statutory and common law
The major law making process along with the involvement of government includes:
Conduction of general elections which lead to selection of various details of agenda
which is formed by the government. After which various political parties and situations related to
socio economic aspects which creates issues on these agendas which are needed to be resolved.
Government facilitates for the process of negotiation in several joint operations related to
the scenario of government proposals and also lead to the identification of problems that are
generated through it. After this, consultations are being taken from appropriate people such as
ministers, boards and political parties that lead to the creation of proposal that focuses on people
and other social structure. Various assemblies in parliament are conducted in order to transform a
bill through setting up counsels. After that, the introduction of particular bill takes place in
parliamentary session. The movement of bill takes place till consecutive third reading committee.
After that, it is passed to report making stage and considerable chambers. The consent of Royal is
very necessary in order to transform the bill in to an act.
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Application of Common Law in court
The structure of common law gets continuously reformed. The major principle which is
associated with these rules is considered as completely under effect of judge in a court. The
judgement is performed through legal documentation according to cases which are pleaded in
many courts. All case laws have common structure in the jurisdiction. In the aspect of criminal
laws House of Lords and criminal division court that decides the precedence which is legally in
accordance to its intensity. In many cases, EU is involved for resolving any particular situation.
Common laws are applied to every situation which can be related to daily activities of citizens.
These are developed on everyday basis which do not separate any aspect of society nor possess
any expense for particular states. The process includes various stages for the formation of
common laws which are research analysis, acknowledging the location of previous cases which
were relevant, extracting the statements and passing out the orders for final determination of the
application of common law. These laws are evolved along with the new verdict which is made
many judges. It is procedural at operational level. These provide instructions and therefore are
considered as instructive in nature (Siedel and Haapio, 2010).
Application of Statutory Law in the court
The format of particular laws are being provided in written format which are included in
certain government bodies or related institution. The structures vary from administrative and
other common laws according to decision taken by court. There are many private and public acts
from certain areas of UK which are added in to a legal framework. In these cases, the laws are
passed through parliament house for getting approval using many instruments like rules and
regulations as well as secondary orders in the form of statutory instruments. The state codes of
UK and other local government sections also include various rules and regulations which are
added by getting approval. Written structure is very important in definition of statutory. These
laws are prescriptive in nature and their origin is basically through government or legislation. It
is operated at the substantive level. These laws are already present and needed to be implied in
any case according to the situation. These are well organised law codes and covers all the are
even where the common laws are not applicable (COMMON LAW V. STATUTORY LAW,2018).
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TASK 2
P3 Potential impact of employment and contract law
Employment laws are made to protect the rights of employer and the employee as well
and safeguard their interest accordingly. These laws covers every aspect of employment which is
very necessary to maintain the peaceful and productive environment of corporates which leads to
a great progress for companies. It helps to maintain an effective relationship between employer
and employee that helps to maximise the factor of controlling and coordination in various task
and also make their interest as common which provides benefit to the organisation in many ways
and results in potential development of both in terms of professional level. It is compulsory for
every business institution to work according to these laws which provides help to avoid costly
claims that are related to many disputes which occurs between recruiter and the worker.
Employment laws covers many aspects such has contracts for employees and the associated
conditions, the process of treatment , factors related to salary and wages along with the working
hours, various kind of leaves particularly for sickness, transfers, promotion, takeovers and time
of work which are basically the working schedule All these factors should be favourable in
general aspects s it leads to facilitate people for doing particular job. The employment laws lead
to set various features of a company which can be associated to discipline and related grievances,
bullying and harassment, equality for payments, rights related to maternity and paternity,
discrimination in the field of age, status of marital, disability , religion, gender, cultural beliefs ,
civil partnership, redundancy and other dismissal, protection of company's information and data,
employment tribunal, violation of various terms and policies. These are are factors which are the
foundation for the origin of employment law as there are various ill practices which leads to
demotivate them which affects their life in many aspects and also their quality of work which
directly or indirectly leads to affect the company (Stewart and et.al, 2014). Their protection is
very necessary in order to maintain the work balance and effective working corporate culture.
On the other side contract laws with respect to conduction of business leads to define
several principles which can be used for regulating the enforcement and related performance of
any contracts which has been done among two or more business parties that are privately
operated and usually enters for establishing a relation based on commercial purpose. The impact
of this commercial relation can be very strong that can be relatable towards the jurisdiction of
law. The approach is mostly based on he common law which is instructive for various
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operational level. This law is promoted by the British and other civil laws that are related with
non common wealth structures of policies and rules. Above all these contract law creates a legal
bond between thee parties which are forming a legal and a valid relation and cannot prefer the
performance of any action which is against the law and can be considered as illegal relation
based on a contract. All the transactions which are performed between the contract parties are
performed under provided criteria which helps to avoid any scenario for the origin of any kind of
disputes which can affect the legal relationship and can create adverse impact in the market.
Therefore to avoid such situations it is very necessary to introduce such contracts in the society.
These have a great influential impact on various business institution which facilitates the
coordinative functioning with other firms. It also helps to create a relationship which is based on
morales and is ethically played by all the member parties (Storey, 2016).
With discussion of Pimlico Plumbers V Smith has presence of obligation for providing
work with worker claim with status of self-employed undertaken without obligation. This
contract has reflected in contradicting manner and without obligation work has been provided
instead of document. In the similar aspect, holding self employed is shown with benefit of
particular status. It is not considered for identifying factor as this case law has specified
information of self employed status lost with presence of high dependency on work provision.
Thus, in nutshell with construction of contract with case fact like identification of features of
status of self employment.
TASK 3
P4. Suggestions for solving business problems
In the world corporate , the scenario deals with the various people who have different
mind and perception. There are more chances for arising of many conflicts which can be due to
these reasons and other malpractices which an employee can use which is ethically prohibited in
order to exploit the rights of individuals for the sake of his own interest. These problems can
impact the functioning of society therefore it is very necessary to solve these issues that could be
beneficial for the society. There are various steps which are involved for effective solution for
all these issues which are discussed as below:
Identification of issues
Every individual should be acknowledged related to problem and it is a major point that
every individual can have several perceptions regarding any particular subject of matter that may
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lead to a big dispute and have the potential to worsen any formal relation which can directly
impact the organisation. There fore to avoid such kind of situation one should make a separate
list which includes all the issues with respect of the interest of individual in order to conclude
into a process of collective decision making which is very necessary for maintaining the formal
relationship between various stakeholders of the company.
Understanding the common interest
This is very crucial stage which is not considered by the employees for problem solving.
Interest are considered as needs which every person wants to accomplish which can only be
possible through providing possible solution. The best solution can include the mutual
agreement of every employee which is very necessary in order to make the solution effective in
every aspects. For proceeding further for this aspect can includes several factors which helps to
make this process more effective. This has to be initiated with a sense of active listening and an
ignorance for the respective differences which are created for the issue rather concentrating on
the intention which is related to every individual for his own perspective and thinking. This lead
to provide en effective solution for the problem with mutual consent (Hartono, 2014).
Writing Possible solutions
Brainstorming is always required for every as it lead to take a decision which has not so
common approach but provide effective solution for the problem based on some innovative kid
of thinking. Many factors and associated solution can be jot down which is proceeded further for
evaluation.
Evaluating available options
With the presence of several options which can lead to resolve many problems and every
related solution have certain benefits and disadvantages that are considered as very important
aspects that has to be chosen on the basis of two conditions which are cost and time
effectiveness. All the major and minor points of the remedies are needed to be examined properly
to make sure that the consequences of them should have more positive impacts and less negative
one.
Selecting an option
It is considered as very important for choosing the correct solution for any problem
among the choices which are available s an option to be opt for. The option which balances out
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all the odds and provide effective way may lead to create an effective solution for all the problem
factors which are can affect the functioning of any problem.
Documentation
When the the remedial solution for the problem is searched out, final documentation is
followed that lead to generate an agreement for both the parties among which the dispute has
been followed. For the process of negotiation one has to follow the documents of mutual
agreements within the legal frame as one should not rely on the oral aspects and must convert
into some written format in order to make a proof for the meeting which may lead to provide
them. Also one should write down all the necessary information related to the meeting so that it
would not create a scenario of confusion and would provide certain solution.
Agreeing on related contingencies, monitoring and further evaluating
As circumstances are the dynamic aspect of time period therefore it is not necessary that
it remains the same every time. For this one has to make several contingency agreements for
providing protection to uncertain situations in the future. So, it would lead to create opportunities
fro evaluating these agreements and related implementation (Koehn, 2013).
P5. Justification for the solution
Corporate culture demands immediate and effective solution for every problem. As it is
very important because it may lead to halt various functions and operations of the firm. One has
to balance out all the issues related to employees as it would lead to create a positive
environment that would result in a productive culture which has a great coordinative and
controlling aspects. This will lead to provide a quality output for accomplishing the objectives
and goals of the company. For maintaining a peaceful and harmonious surrounding in a company
there is a need to maintain good relationships with each other. Arising issues in a corporate is a
common aspect but not handling or ignoring it can be very harmful as it can lead to affect the
performance factor and would lead to decrease the market value which in turn is a serious issue.
There are many individuals in them management panels of an organisation that have
their own personal interest and needs which leads them to invest in certain firms. But when it
comes for taking a mutual decision it is very hard because there is always some disputes when
they wanted to reach for a particular solution (Lyons and et. al., 2016). There is need for
maintaining a coordinative relationship which is based on mutual consent thus provides the
solution for any problem that a company is facing
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There were many situations which can be used for solving down the business problems.
These problems are needed to be solved on urgent basis. It is very important for both the parties
who are involved in disputes to conduct a meeting for negotiation which has to be done in order
to reach a common solution which is very important for the success of any particular aspects.
Meetings should be countered which must be attended with some specialist who are
responsible for taking up an analysis ion the problems and the reasons of the problems which
have been arisen. These problems have a source of origin and the reason for which the person is
against should be understand as it is very important to know the intention rather their opinion
regarding any issue. The best business consultant should be appointed as they provide the best
suggestion after keeping in concern all the factors and the future forecasting of the particular
matter. There has been an important aspect of every problem and related solution. All the steps
which are mentioned in the above question must be kept in concern in order to maintain the
effectiveness of a solution in terms of time and cost which is very necessary and must be
regraded as important for providing the mutual agreeableness of every individual for a common
purpose (Park, 2012). All the solution are converted into legal documents as it avoids the further
disputes which can be related to the aspect of providing evidences for the remedial solution.
Nature of registered company
It is referred as legal organization along with separate entity by which members are
operating. With reference to law, there is presence of separate law existence via numerous
individual for forming it. In this context, property is held directly in name which belong to
corporation which is unique from belonging to other owners and members on basisi of perpetual
succession. If membership is changed or his death does not impact existence as organization is
directly ceased and exist only when it is wounded legally.
The Solomon case has justified scope for abusing organization's structure which is
illustrated as veil of incorporation. Salomon has passed its boot's business and initially it
operated as sole proprietorship to Salomon Limited with incorporation through its family
members. The transfer cost was paid to Salomon as mode of debentures and shares along with
security against debt on potential asset of business entity. Further, company was failed and
attained liquidation so recovery right of Salomon against debentures at initial claim for creditors
which are unsecured.
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Duties of director
 Exercising reasonable diligence, care and skill
 Action on basis of organization's constitution with power
 Avoiding conflicts of interests
 Promoting success for benefit of shareholder
 Non acceptance of advantages via third party
TASK 4
P6.Solutions recommended for country's legal system
With reference to solution there are various alternative dispute resolution without
litigation as it does not settle disputes inside the courtroom. It comprises arbitration, mediation
and negotiation.
Mediation: It is informal alternative litigation and trained individually for negotiation
aspect along with opposing parties for attempting agreement and settlement rejected or accepted
through both parties.
Negotiation: Initial step for resolving disputes and allows parties for accomplishing
dispute settlement. It allows for controlling solution and process to parties.
Arbitration: Simplified version of engaged travel with discovery which is limited
through simplified rule of evidence. It is directly headed and decisions are taken on arbitral
panel. Both the parties agree on single arbitrator as each side selects two or one arbitrator.
Formation of Legal system according to different areas
Every area has differential aspect in terms of demographic, geographic, economical and
the social aspect which the government has to make sure. It is very important to frame the legal
framework according to the situational aspect. As the area where there is more industries have
more environmental related acts which are necessary for controlling the pollution which is
increase by various industries. Also the area where crime rate is more , there shall be more strict
rules which would lead to control the rate in an effective manner, likewise area where the trade
activities occur have different rules and regulation which would be applied to several people in
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an different manner. Therefore it is very important to form the algal system according to the
areas as , rural areas might have different legal structure as compared to parliament therefore the
flow of charges and the commands also varies which lead to create the importance of various
rules and regulations for regulating areas (Frank and Bix, 2017).
Formation of unions
Unions plays an important role in every fields. Their main aim is to protect the interest
and rights of their members. They fight for the violation of the rights of their members and
provides them various kinds of legal assistance in any subject matter which has to be taken care
of. Their main aim is to accomplish the interest that would lead to make a structure which would
lead to provide an equality to those who are being discriminated on some basis such as their
race, religion, gender and also can be due to their minority aspects. They are provided special
guidances by acknowledging them regarding their rights and the factors which can result into
their exploitation or violation of their equality aspect. They are provided legal assistance in case
of any ill rational behaviour which been given to them in the form of abuse, harassment, making
them deprived of their rights.
Setting legal institution
Legal institutions must be settle up for the local level in a democratic country as it
provides a closer approach to the natives and their problem are being solve at grounded level
only. They should provide them personal verdict which would lead them to connect with natives
and help to understand their problems personally which would definitely provides them an idea
which could lead to improve the legal structure of the system and will be more effective with
respect to its application on citizens. These legal institutions make various laws and rules much
effective when comes to provide an impact on the country. Therefore it is very important to set
up up these regulating body in order to maintain the law and order of a particular area which
would provide assistance for solving out various problems related to various aspects which lead
to improve the country financially and even socially because people would feel themselves
associated with the government which would possibly be lead to minimise the unethical practices
which is harming any country (Allen, 2017).
Citizen advice Bureau
Every citizen has an important role for the formation government therefore it is the right
of every governmental body to make all the rules and regulation in favour and also all the natives
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must be agreed and satisfied with the legal structure that is being implied on it-as the democratic
government says for the people , by the people and to the people. They should set up various
bureau centres that has open doors for all the natives who are interested to provide several
solutions for the government and also related grievances which could be taken in concern for
future purpose and provide them effective solution and form various decision by keeping mind
these aspects which are important to be included (Bhatia, 2014).
Legal advice: There is no answer on basis of pursuing litigation or ADR. Rather, various
circumstances of this section are concerned with average cost. With reference to arbitration it
resolves disputes instead of proceeding or filing lawsuit for court and reference to dispute. Thus,
ADR is not expensive along with informal and mutual agreed decision.
CONCLUSION
It has been concluded that there can be various sources of laws which can be originated
externally and internally. These sources plays an effective role which should lead to maintain
various rules and regulation effectively. Also the role of government has been done in order to
conduct the election to chose the right kind of government that could provide various policies to
favour the natives. Also in the corporate world there are many acts which have protected the
rights of employer and employee in order to maintain a good relationship. Also for the effective
implication of governmental rules at practical level one has to set up various bureau for taking
the advices from citizens.
REFERENCES
Books and Journals
Allen, W.T., 2017. Our schizophrenic conception of the business corporation. In Corporate
Governance (pp. 79-99). Gower.
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Bagley, C. E. and Dauchy, C. E., 2011. The entrepreneur's guide to business law. Nelson
Education.
Bhatia, V. K., 2014. Analysing genre: Language use in professional settings. Routledge.
Frank, J. and Bix, B. H., 2017. Law and the modern mind. Routledge.
Hartono, I., 2014. State-Business Relations in Post-1998 Indonesia: The Role of Kadin. Bulletin
of Indonesian Economic Studies. 50(1). pp.132-133.
Jones, L., 2017. Introduction to business law. Oxford University Press.
Koehn, D., 2013. East meets west: Toward a universal ethic of virtue for global business. Journal
of Business Ethics. 116(4). pp.703-715.
Lyons, M. and et. al., 2016. Erratum to: Pro-Poor Business Law? On MKURABITA and the
Legal Empowerment of Tanzania’s Street Vendors. Hague Journal on the Rule of Law.
8(2). pp.429-429.
Park, W. W., 2012. Arbitration of international business disputes: studies in law and practice.
OUP Oxford.
Scholes, M. S., 2015. Taxes and business strategy. Prentice Hall.
Siedel, G. J. and Haapio, H., 2010. Using proactive law for competitive advantage. American
Business Law Journal. 47(4). pp.641-686.
Stewart, D. and et.al, 2014. Native American Cultural Capital and Business Strategy: The
Culture-of-Origin Effect. American Indian Culture and Research Journal. 38(4). pp.127-
138.
Storey, D. J., 2016. Understanding the small business sector. Routledge.
Online
COMMON LAW V. STATUTORY LAW.2018.[online].Available Through
<https://common.laws.com/common-law/common-law-v-statutory-law>
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