Business Law & Policy Analysis

This assignment tasks you with analyzing the impact of business law and policy on various facets of contemporary commerce. You'll need to examine how legal frameworks shape business practices, consider the role of government in regulating markets, and delve into current issues and debates surrounding this intersection. The analysis should draw upon provided readings and demonstrate a critical understanding of the complexities within this field.

The legal framework and
legal solutions

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
LO 1.................................................................................................................................................1
P1 Different sources of law in English legal system..............................................................1
P2 Role of government in making laws and application of statutory and common law........2
M1 Effectiveness of legal system in terms of diversity.........................................................3
D1 Evaluation of legal system and laws.................................................................................4
Lo 2..................................................................................................................................................4
P3 Impact of employment and contract law on business.......................................................4
M2 comparison and analysis of impact of regulations, standards and legislations................5
LO 3.................................................................................................................................................5
P4 Recommendation of appropriate solutions for different business problems.....................5
P5 Justification for use of solution.........................................................................................6
M3 Positive and negative impact of business solutions.........................................................6
D2 Use of appropriate legal solutions in alternative advice...................................................7
Lo 4..................................................................................................................................................7
P6 Recommendation of solutions based on legal framework................................................7
M4 Comparison of effectiveness of solutions........................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business laws are analysed as commercial laws that each and every business enterprise in
country needs to abide by it. Also recognised as a part of civil field of law that relates to the
conflicts emerging among the individuals, enterprises and institution of trade along with its
relationship with trade, industry as well as commerce (Doppelt, 2017). Present report is based on
determination of various business laws and regulation which European Business School of
management (EBSM) needs to comply with, for the establishment of their new business school
in London. As program developer of organisation, analysis of various sources of law in English
legal system has been done along with application of laws in business context. Further, role of
government of UK along with parliament in law-making is also discussed.
LO 1
P1 Different sources of law in English legal system.
From the analysis, English system of laws is statutory framework of legality which
governs in the entire UK and this structure is based on two main laws such as criminal and civil
law.
Illustration 1: English legal system
Source 1: (Rosenthal and Knighton, 2017)
In present context, there are some important sources of law of this English legal system that
have been analysed and mentioned as follows:
Statutes: Legislations relating to trade, industry and commerce which is formulated and
implemented by House of Lords and devolved parliament (Rosenthal and Knighton, 2017).
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Employment Rights Act 1996 is the most significant example of statute, that EBSM also needs to
comply in establishment of their new business school.
Delegates legislations: Manila recognised as an act of English legal framework which provides
authority to formulate legal provisions like Judge of Supreme court but statutory instruments are
always considered as principles vehicle of these laws. These laws are also applied by EBSM in
order to establish their new business school and regulate their operations smoothly.
Common laws: Most important legal provisions formulated in ancient times that are based on
various costumes of society, recognised and enforced by parliament (Percival and et.al., 2015).
EBSM will also consider these common laws and comply with them in their new business
operations.
Primary legislations: These are considered as delegated legislations, formulated by the
deliberate assembly of nation. Moreover, these major delegates possess authority and have rights
to issue secondary legislations (Bennett and Raab, 2017). It includes various acts like Public
personal act, etc.
Secondary legislations: It consists of subordinate legal provisions that is developed by
representative authority of primary legislation. These mainly include territorial act 1973 and
other warranty regulations act etc.
Thus, it can be said that these major legislation(s) are to be followed or abided by EBSM for the
establishment of legal business framework in London.
P2 Role of government in making laws and application of statutory and common law.
The given points describe the process followed by government to develop laws which
areas:
 At second stage, political unions and socio-economic condition will take out some issues
or problems in agenda.
 Third stage begins with negotiation in order to make joint operations in agenda of central
government and ends with identification of issues (Gordon, 2015).
 Appropriate consultation from people will be taken at fourth stage of making laws.
 Fifth stage is based on creation of proposal by focusing on people and structure of
society.
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 At sixth stage, proposal will be transformed into a bill in parliamentary council.
 Bill will be introduced in parliament session at seventh stage.
 It moves to parliament in first, second and third hearings, committee, stage of reports and
finally considered by House of lords
 At last, two authoritative bodies such as House of Commons and House of Lords will
accept the bill and provide approval. When that law will achieve the royal assent, then it
becomes an act (Tricker and Tricker, 2015).
Common laws: As compared to others, these business laws have a great contribution and
continuous changing structure. Further, principle of these laws is based on the judgement of the
court. In this, judgement of court is based on the previous cases which has been made legal in
law cases (Picciotto and Mayne, 2016). Further, structure of these common laws and case laws
are same which have been made by concerning the jurisdictions. EBSM also have to comply
with these laws that needs to be considered important in regulation of business operations in
European country.
Statutory laws: These are the type of legislation which have the written format and considered
under some specific authorities. Public and private acts from some specific parts of UK are
involved in the law. These laws are passed from the houses of lords in order to achieve an
approval and utilise the approval like secondary orders, rules and regulations that makes it
statutory instruments (Bertot and et.al., 2014). EBSM also needs to analyse the laws to
understand the statutory provisions that are applied with business like legal service act 1990,
laws related to properties and trustees act are in effective volumes of legal framework of UK.
M1 Effectiveness of legal system in terms of diversity.
There is major effectiveness of these legal systems in managing various business
problems at workplace. There are various problems that arises in business. EBSM by analysing
various laws. Judges in this presides the court of law. legal systems appoints judges in UK that
needs to be taken in to consideration (Disch, 2016). Lord Chancellor appoints judges with the
prior approval of Prime Minister and then finally this list is forwarded to Queen for calling of
appointments. Diversity is considered as significant in various situations as judges came from
their different religions and race.
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D1 Evaluation of legal system and laws.
English law is implemented only within the jurisdictions of England and Wales. Legal
system of UK consists of various common laws which is different from those in other overseas
nations laws which are under European union and this system of laws is mainly based on the
framework of civil laws. Further, these legal structures of both the countries are distributed into
two main parts like primary and secondary.
Lo 2
P3 Impact of employment and contract law on business.
Contract of employment starts as soon as the employees will join the organisation. It is
essential from workers’ point of view as they will get the contractual agreement from the
organisations that they will be able to perform the work as per their job responsibilities. Further,
if the employees and organisation will not want to continue relationship, then they can also do
this by following a legal procedure.
Moreover, laws of employment and contract laws involves rules which are needed to
provide a safe environment to employees at workplace. It also relates with employees and
organisation that must keep this in mind (Frankle and et.al., 2014). Further, it also involves
legislations like right to be paid while on holidays and acts of not discriminating at work place..
Every employees in EBSM is given a written document that contains employment terms and
conditions. Contract of employment has been developed when the individuals accepts offer of
jobs given by organisation. Thus, EBSM also needs to formulate a legal registered company by
making a contract of employment.
Contract laws also have major impact on business as they are made to protect rights of
parties who are entering in contract with EBSM like Furniture company who have made contract
to provide furniture to the company for its new business school in London. If any dispute will
arise between party and company, then they will resolve those issues by concerning contractual
laws and rules.
EBSM and all other parties like computer maintenance, furniture and site maintenance
needs to be agreed on contractual laws and should follow the rules which are mentioned under
the law (Freudenberg and Boccabella, 2014). Company needs to provide fair consideration for
service provided by other parties to them.
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Thus, it can be said that employment and contract laws have their major impact on business
operations of EBSM.
M2 comparison and analysis of impact of regulations, standards and legislations.
 Regulations: This is considered as impact on how business enterprise will follow some
rules that formulated and governed by government as it has abided by itself. Further, it
may also lead to some serious problems that affects the organisation in negative way.
(King and Raja, 2013).
 Standards: These are norms that are related to poor quality of products and services. it
impacts the enterprise as they have to follow it to maintain the standard in product quality
 Laws: Legislations of business have a major effect on EBSM as they have the role to
protect consumers from taking harmful services if they have been provided by enterprise.
Further, these legislations are also useful to protect rights of various stakeholders of
organisations like investors and creditors.
LO 3
P4 Recommendation of appropriate solutions for different business problems.
As per given scenario, EBSM also have various other options which they use to resolve
the dispute between them and other parties to contract. Alternative Dispute Resolution (ADR)
methods include various important instruments provided by laws to resolve the problems. EBSM
can also use these procedures for solving problem related to contract with these parties. There are
some methods in ADR process that have been described as follows: Mediation: This is considered as an effective method in which the person or parties to
contract are able to resolve their problems by hiring or appointing a mediator between
themselves who does not have any relationship with them. Mediator will analyse the
justification both EBSM and other party and provide suggestion on their own conclusion
to resolve the problems. Arbitration: It is an important instrument that needs to be taken into consideration by
EBSM in order to resolve their dispute with other parties. If the parties will not reach at
any agreement then they have the option to go to court. The court will appoint an
arbitrator who will listen the views of both the parties and submit his report in court
within in 15 days. This method is suitable for enterprise to resolve dispute effectively and
saving the time.
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 Neutral evaluation: These are considered as parties who have an expertise in these types
of cases and provide effective legal solutions to organisation to resolve the dispute
against consideration. The neutral evaluator may also provide case planning, guidance
and settlement assistance with the consent of parties.
P5 Justification for use of solution.
From the analysis of above mentioned methods, mediation will be the most effective
technique for organisation to resolve the dispute without having any material loss or gains.
Mediator is the person which is appointed by the parties between themselves to provide them
valid and effective suggestion by concerning the reason of dispute between and contract which is
made between them (Robson, 2015). It is considered effective as it consumes less time and
contains a simple process to conduct trial in court. Mediator which is appointed by the parties
between them should posses effective knowledge of statutory laws, contract laws and other legal
provisions. Through this it provides recommendation to parties to resolve the problems.
M3 Positive and negative impact of business solutions
The positive impact is it saves time of organisation and help in regulating smooth
business operations without any problematic situation that affects their profitability (Trevino and
Nelson, 2016). It takes less time and save the compensations of parties while going for a trail run
in courts. It helps in maintaining relationship between the parties in the future.
Negative impact of mediation is considered if they are not able to solve the problems through
suggestion provided by the mediator.
D2 Use of appropriate legal solutions in alternative advice.
EBSM and other disputant parties who have an issue in the suggestion which is provided
by mediator, then they can also take guidance from other people like Lawyers, legal consultant
or other law boards to resolve the problems. By concerning with terms of contract between the
parties, third parties will provide valid legal provisions or legal method to organisation in order
to resolve the dispute.
Lo 4
P6 Recommendation of solutions based on legal framework.
As per the given scenario, it is considered that EBSM are aware about the problem that
students are facing and they require continuous legal advise in their school. (André, 2015).
EBSM does not have effective employees and staff in the school that provide effective legal
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advise to students and resolve their problems. In this context, there are some important parties
have been analysed which provides guidance on different cases which are mentioned Legal advisor: It is the organisation or personnel having appropriate knowledge and
experience of solving various cases of legal disputes and they provide their service to
business enterprise against consideration (Doppelt, 2017). EBSM can also hire legal
advisor for its new business school so that students will be able to take legal advice from
them to resolve the cases. It will consider as economical for EBSM as they will not have
to spend the money for hiring professional in their new schools. Consultant companies: It is also considered suitable for EBSM to take the membership
of various consultancy organisations to their students for receiving legal advice and
solutions on different issues.
 citizen advice office: There are considered legal authorities which are established by the
government for the resolution of dispute of public (Disch, 2016). It consists of different
authorities and solicitors who have the legal experience of many years. Further, solicitors
will provide various types of solutions according to the situations like negotiation,
collective bargaining, arbitration and adjudication etc. It requires less time and no critical
process needs to be followed by students.
M4 Comparison of effectiveness of solutions
It consists of different authorities and solicitors who have the legal experience of many
years. Further, solicitors will provide various types solution according to situations like
negotiation, collective bargaining, arbitration and adjudication etc (Robson, 2015). It requires
lees time and process to be followed.. EBSM takes the membership of various consultancy
organisation for receiving legal advise and solutions on different issues.
CONCLUSION
In this report, it is concluded that business laws are a part of civil field of law that relates
to the conflicts emerging among the individuals, enterprises and institution of trade along with its
relationship with trade, industry as well as commerce. English system of laws is statutory
framework of legality which governs in UK and structure this legal is based on two main laws
such as criminal law and civil law. English law is implemented only within the jurisdictions of
England and Wales. As compared to others, these business laws have a great contribution and
continuous changing structure. Laws of employment and contract laws involves rules which are
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needed to provide a safe environment to employees at workplace. EBSM can also hire legal
advisor for its new business school so that students will be able to take legal advise from them to
resolve the cases.
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REFERENCES
Books and Journals:
André, R., 2015. Benefit corporations at a crossroads: As lawyers weigh in, companies weigh
their options. Business Horizons. 58(3). pp.243-252.
Bennett, C.J. and Raab, C.D., 2017. The governance of privacy: Policy instruments in global
perspective. Routledge.
Bertot and et.al., 2014. Big data, open government and e-government: Issues, policies and
recommendations. Information Polity. 19(1, 2). pp.5-16.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Doppelt, B., 2017. Leading change toward sustainability: A change-management guide for
business, government and civil society. Routledge.
Frankle, D.H. and et.al, 2014. Proceedings of the 2014 Delaware Business Law Forum:
Director-Centric Governance in the Golden Age of Shareholder Activism. Bus. Law.. 70.
p.707.
Freudenberg, B. and Boccabella, D., 2014. Changing use of business structures: Have university
business law teachers failed to reflect this in their teaching?.
Gordon, G., 2015. Evaluating default policy: The business cycle matters. Quantitative
Economics. 6(3). pp.795-823.
King, N.J. and Raja, V.T., 2013. What do they really know about me in the cloud? A
comparative law perspective on protecting privacy and security of sensitive consumer
data. American Business Law Journal. 50(2). pp.413-482
Percival, R.V., Schroeder, C.H., Miller, A.S. and Leape, J.P., 2015. Environmental regulation:
Law, science, and policy. Wolters Kluwer Law & Business.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
Robson, R., 2015. A new look at benefit corporations: Game theory and game
changer. American Business Law Journal. 52(3). pp.501-555.
Rosenthal, D.E. and Knighton, W.M., 2017. National laws and international commerce: The
problem of extraterritoriality (Vol. 17). Routledge.
Trevino, L.K. and Nelson, K.A., 2016. Managing business ethics: Straight talk about how to do
it right. John Wiley & Sons.
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Tricker, R.B. and Tricker, R.I., 2015. Corporate governance: Principles, policies, and practices.
Oxford University Press, USA.
Online:
How Does Business Create Positive Impact. 2012 [Online] Available Through:
<https://www.uschamberfoundation.org/blog/post/how-does-business-create-positive-
impact-weve-got-answers/31691>.
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