Legal Framework and Solutions

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This essay examines the legal framework and solutions for business operations, focusing on the case of Country Pine. It analyzes the English and European legal systems, the role of government in lawmaking, the impact of contract and employment laws on businesses, and appropriate legal solutions for business problems. The essay also discusses the roles and duties of directors and alternative dispute resolution processes.

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The legal framework and
legal solutions

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Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY.........................................................................................................................1
P1 English and European law with its different sources........................................................1
P2 Role of government and application of statutory and common laws in courts.................3
TASK 2............................................................................................................................................4
P3 Impact of contract and employment laws on a business...................................................4
TASK 3............................................................................................................................................5
P4 Appropriate legal business solution..................................................................................5
P5 Roles and duties of directors in various considerations....................................................6
TASK 4............................................................................................................................................7
P6 Alternative dispute resolution process and alternative legal solution...............................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8
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INTRODUCTION
Legal measures are required for effective consideration by a business entity that helps in
good rise in capability and thus facilitates an effective improvement that supports a suitable
growth in functional capacity and performance of an organisation. The following legal
considerations by the firm will also help in mitigating disputes and conflicts on the
organisational level (Abazaj, Moen and Ruud, 2016). For the report, Country pine (CP) has been
taken as the organisation of context. The report covers various sorts of legal systems prevailing
with law of government in law making. The impact of employment and contract law on the on
business, appropriate solution to various business problems with the proper justification. In
addition, proper legal system of a country is based on different framework. Other than this,
alternative dispute resolution methods are taken into consideration.
MAIN BODY
P1 English and European law with its different sources
The English legal system will play a deep role in execution and maintaining of different
activities. Especially while carrying out business operations; it will impact the performance of
the cited firm by imposing a legal obligation. It helps in maintaining ethicalness and sobriety in
society (Gargarella and Roux, 2017). The English legal system is structured and has been divided
into two branches such as civil and criminal, which has been depicted as follows:
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Civil laws: these are the laws associated with the well-being of people in society. It covers cases
like divorce, property issues, deceit, forgery etc. and these are regulations that are associated
with welfare of people. They will help in good rise in handling of business operations that will
help in maintaining ethics and etiquettes in society as well as rise in legal benefits of people. It
helps in safeguarding rights of people (Stiglitz and Rosengard, 2015). The civil laws are less
strict and mostly monitory penalties.
Criminal laws: this consists of rules and regulations which are followed in case of severe cases
like murder, robbery, rape, harassment etc. The punishments are comparatively strict and consist
of death sentences and life imprisonment. This laws help in maintaining wellness and safety of
people that are sustaining in society. They are helpful in preventing t unwanted incidents and
actions.
Various sources are taken in consideration by the English legal system for setting and
development of laws. Some major sources of legal obligations and actions are as follows:
Custom: these are generalised laws and actions that are taken in consideration by the firm and
thus help in good increase in an effective development of legal obligations within the country.
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Illustration 1: English Legal System
Source:

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Criminal Laws: the criminal laws are major sources of developing laws and regulations.
Besides this, criminal cases help in identifying loopholes in existing system and find out
appropriate solutions for legal problems.
Act of Parliament: the parliament of administrative system will help in good rise in capability
of an organisation in order to improve capability and thus facilitates proper development of a
legal system, laws and acts that governs functioning within country (Bumiller, 2017).
Europasian Lobbing: It is an administrative body that look after proper maintaining of
European commission that will help in good rise in decision-making and controlling
functionalities of different organisations in EU.
Thus, it can be said that these factors help in proper management of the legal system
within country. Besides this, it will help in improving the functioning and effectiveness of the
English legal system.
P2 Role of government and application of statutory and common laws in courts
The government plays a very important role in maintaining Judiciary and Legal System
within country. They will see through better development and implementation of laws that will
help in improving effectiveness of the legal system within a country. They regulate operations
and business activities to support better rise of effectiveness in a firm. The law making process is
been looked after by government and is consisted of following steps:
Bill: the development of bill will require intervention of legal experts who will identify a
legal problem and will suggest an appropriate solution to it. The bill consists of
description of legal issues, problems related to it and legal solutions associated with it.
Readings: once the bill is developed, it is been given readings in House of Commons and
House of Lords for identification of their feasibility and remove any glitches within the
law. At least two readings are given by the members of drafting commission who will
look after the feasibility and effectiveness of legal bill (Abazaj, Moen and Ruud, 2016).
Committee Stage: At this stage, the legal experts, peers and members of drafting
commission meet each other and discuss problems related to act or law and find out the
potential solutions to it.
Royal Accent: once the drafting committee approves bill, it is sent to Royal Court where
it gets approval and is turned into act of law by the government.
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On the other side, statuary and common laws are applied with interference and support of
the government and help in maintaining the effectiveness and reliability of legal system. The
statuary laws are mainly consisted of criminal laws that are implemented within the court of law
when such cases are presented to the judiciary (Sunstein, 2018). On the other hand, common
laws are mainly civil laws and are applied and implemented within a firm or system in a
generalised format by judicial bodies and government.
TASK 2
P3 Impact of contract and employment laws on a business.
The contract is the legal agreement that occurs between two or more business parties that
are associated with each other that will help in improvement of the business activities. This help
in good rise in the capabilities that help in effective handling of wide range of business functions
that supports an effective understanding and trust between business partners. The contract
consists of various elements which are as follows:
Offer: it is the expression of willingness by one party in a contract to interact with
another party to bind in within a contract and thus will help in suitable rise in
effectiveness of the firm. It includes the statement or proposal of an offer to enter within
a contract (Gargarella and Roux, 2017).
Acceptance: it is the situation which involves the effective acceptance of the proposal or
offer to enter within a contract. An acceptance through an agent should be made only
when the concerning person is legally authorised. The person accepting the proposal has
the right to accept or reject ant terms or condition cited within the agreement.
Competent parties: concerning parties entering the contract are required to be fully
competent in order to deem the contract legally. The persons are required to be fully
aware and acceptable in order to successfully set the contract between them.
Lawful subject matters: in order to avoid and prevent the violation of terms and
conditions cited in a contract document, proper legal enforcement is required to be
established that will help in good rise in capability and handling of business activities to a
greater extent (Zhang and et.al., 2015).
Mutuality of obligation: its is a situation where the agreement between the various
parties are to be made in order to enter effectively into a contract. It helps in the better
communication between the people entering in contract.
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Besides this, the employment laws will help in the effective handling of the consumer
and employee rights that will help in improving their conditions and safety at the work place that
will help in improving the conditions and that will help in good rise in the effective management
of their business operations and activities after entering within a contract. It improves the status
of well being of the employee unlike Uber case and increase the sustainability in an economy.
TASK 3
P4 Appropriate legal business solution
In case of Salomon v/s Salomon, 1897, the effective handling of the business operations
can be taken in consideration hat will help in good rise in capability that will help in
improvement of business performance. Mr. Salomon turned his enterprise into Ltd business in
order to make his son the business partners. He also took majority of shares with himself and got
the debenture from the firm and an advance amount (Faúndez, 2016). But these actions followed
by a strike lead by government this lead the stake holders suing Mr. Salomon. He was charged to
sell his business on an excessive charge and conducting the fraud against it creditors.
But under the Companies Act 1862, he was suer and was asked to pay the loss in the
form of penalties as a floating charge within the firm as hem failed to register company to Ltd. In
legal manner. As per the law, the proper registration of a business company in a very lawful
manner is been considered an important factor for the organisation.
Various steps are been taken in consideration by the firm to get registered under the law
such as:
Deciding the need of limited company and possessing the legal rights to offerer the
proper potential.
Then the company's name is been chosen for the proper registration process. It is required
to be different from that of the existing company to get the approval from company's
house.
Gathering the vital information required to register the company lawfully within the
country. This involves the company's existence certificate, balance sheet and share holder
details (Rose, 2017).
Preparation memo and article of Association is required as it forms the code of conduct
within the firm. It involves the various clauses within the agreement given by Company's
house to register a company.
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Filing the incorporation firm with a company is been taken in consideration ad thus will
make the major step of company registration. A nominal fees is been charged for the
processing of claim.
The approval is been gained after sometime and then management calls the first board
meeting to make the guidance of further processes. Sometimes the stakeholders are also
involved within the meeting (Quinney and Shelden, 2018).
Then the company apply for the taxation in order to fulfil the legal obligation and further
functioning of the firm that will help in suitable rise in the effectiveness of the business
organisation in a very effective way.
P5 Roles and duties of directors in various considerations
The directors are the main and most crucial employees within the firm. They will look
after the effective functioning and execution of wide range of business activities. They will see
through that the processes followed by the organisation to improve its performance are adequate
or not. Other than this, they will look after the effective rise in the capabilities which will help in
effective rise in operational capabilities of the firm. Some major roles and duties that are been
followed within a business organisation are as follows:
They hold the power under the company's code of conduct and this they exercise these
powers or control over the operations to a greater extent. They work according the
company's constitution and regulation that help in superior performance of the business
entity.
Promoting the firm: the directors especially those associated with the marketing
department of the organisation. They will look after the effective consideration of the
policies and activities within the firm (Commons, 2017).
They also take suitable judgement and help in independent handling of the operations that
will support a good rise in capabilities of firm as well as the employees.
They work for the avoidance of conflicts and support proper maintaining of the mutual
understanding among the work force of the organisation.
TASK 4
P6 Alternative dispute resolution process and alternative legal solution
The alternative dispute resolution process is a very popular and effective process that
help in good handling of the legal disputes outside the court of law. The alternative dispute
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resolution process will help in good rise in the capabilities that will help in suitable rise in the
capability that will help in suitable resolution of the legal disputes that will help in good increase
in the operations that will help in effective rise in capability and is a economic and time saving
process to get the better rectification of the legal disputes. Country pine will adopt and follow
this process to resolve the conflict and indifference with the supplier from Poland.
The firm will use the Arbitration process which will involve a third party person known
as Arbitrator. He will look after the claims from both the parties and will give out suitable output
on the basis of analysis of case (DAILY, KIEFF and WILMARTH JR, 2014).
Other than this, the jury, arbitrator or mediator are the sources of alternative legal advice
that will be taken in consideration by the cited manufacturing firm. This will help in proper
rectification of the conflicts and disputes and thus will improve the company's performance in a
better way.
CONCLUSION
Thus, from the report, this can be said that the effective handling of the business
operations and activities that will support a good rise in capability of the business operations and
activities in a better way. Legal structure of the organisation is been taken in consideration with
various judicial obligations and role of contract and employment law. Besides this, the effective
role of government in jurisdiction and alternative dispute resolution process is been analysed
with reference to alternative legal measures to mitigate the business disputes.
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REFERENCES
Books and journals
Abazaj, J., Moen, Ø. and Ruud, A., 2016. Striking the balance between renewable energy
generation and water status protection: hydropower in the context of the European
Renewable Energy Directive and Water Framework Directive. Environmental Policy and
Governance, 26(5), pp.409-421.
Bumiller, K., 2017. Victims in the Shadow of the Law: A Critique of the Model of Legal
Protection. In Gender and Rights (pp. 57-75). Routledge.
Commons, J.R., 2017. Legal foundations of capitalism. Routledge.
DAILY, J.E., KIEFF, F.S. and WILMARTH JR, A.E., 2014. Introduction. In Perspectives on
Financing Innovation (pp. 13-16). Routledge.
Faúndez, J. ed., 2016. Good government and law: Legal and institutional reform in developing
countries. Springer.
Gargarella, R. and Roux, T., 2017. Courts and Social Transformation in New Democracies: an
institutional voice for the poor?. Routledge.
Quinney, R. and Shelden, R.G., 2018. Critique of the legal order: Crime control in capitalist
society. Routledge.
Rose, N., 2017. Beyond the public/private division: law, power and the family. In Law and
Families (pp. 33-48). Routledge.
Stiglitz, J.E. and Rosengard, J.K., 2015. Economics of the Public Sector: Fourth International
Student Edition. WW Norton & Company.
Sunstein, C.R., 2018. Legal reasoning and political conflict. Oxford University Press.
Zhang, C. and et.al., 2015, February. Optimizing fpga-based accelerator design for deep
convolutional neural networks. In Proceedings of the 2015 ACM/SIGDA International
Symposium on Field-Programmable Gate Arrays (pp. 161-170). ACM.
Online
English legal system, 2016. [Online]. Available through: <http://law.wisc.libguides.com/c.php?
g=204332&p=3205486>
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