Business Law in UK: Classification, Sources, and Impact on Commercial Organizations

BSC (Hons) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER 1, EXAMINATION 2021/22
BUSINESS LAW
MODULE NO: BMP4002
Exam Paper Release Date & Time: Saturday 13August 2022 at 10:00am
Submission Cut-off Date & Time: Monday 15August2022 at 10:00am
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ANSWER BOOKLET
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INTRODUCTION
The common law and commercial law systems serve as the major pillars upon which the Great
Britain is ruled (Aithal, 2016). Those regulations aid in defining and assessing a company's social
standing. This legislation is divided into many categories based on a human's socioeconomic
standing and level of wealth. Public law is a contract among the government and an individual
specifying which individual's duties to the government. Private laws govern how an individual
interacts with businesses and other organisations and how that interaction affects their connection.
There seem to be a lot of legal techniques available to help break down law into its component
pieces. The fundamental basis of justice is the legislator, which consists of several decrees,
instructions, ordinances, and rules which are carried out by the House. The process whereby a
legislation is created or implemented is established by the assembly's adoption of a proposal. This
study would cover different kinds of regulations, their historical contexts, and how additional
regulations affect businesses.

Question No 1 (The UK Classifications of Laws)
1.1 Provide a clear definition of law within UK Context
The framework of laws established and upheld by the British administration via the judiciary
is known as the legislation. It is founded on common law concepts, which implies that it is built on
earlier cases or judicial rulings (Asongu and Odhiambo, 2019).
1.2 Define and discuss the characteristics of the two main classifications of laws in UK
Private and public law
Public law is the system of legislation which regulates interactions among various governing
organizations and also amongst the administration and its citizens. Criminal law, administration
law, and fundamental law are all included. The following are features of public law:
 It outlines the authorities and responsibilities of the administration and various
governmental entities. This encompasses both the authority to enact legislation and the
responsibility to uphold those.
 It offers a method for settling conflicts among the government and people. This covers the
rights to a proper hearing and an appealing of a judgement.
 It addresses the interaction among the government and people. Along with the
responsibilities and obligations of the administration and other governmental entities, this
also encompasses the privileges and obligations of individuals.
 It outlines the obligations and privileges of individuals. In other words, public law
establishes the rights of people in addition to what the state may and could not accomplish.
Private law is the branch of the legislation which regulates interactions among people and other
legal organizations, including enterprises. Tort law, asset law, and contractual law are all included.
The following are features of private law:
 It lays out the guidelines for resolving conflicts among people and organisations. This
covers the rights to a reasonable investigation and an appellate of a judgement.
 It offers a way to put people's and organisations' entitlements and obligations into effect.
This encompasses both the authority to enact laws and the responsibility to uphold these.
 It addresses the connections among people as well as other organizations. This covers both
the obligations and privileges of people and things.
 It outlines the obligations and privileges of both people and organizations. In other words,
private law establishes what people and other corporations could and therefore
cannot conduct (Baumann-Pauly and Nolan, 2016).
1.3 Identify the three different Legal systems in UK
In the UK, there are 3 distinct legislative structures:
 Common law- In Britain and Wales, the common law framework is the governing body of
law. It is founded on precedence, which implies that it is built on earlier judicial rulings.
 Civil law- Scotland has the civil law framework as its primary legal framework. It is built
on a set of regulations because it is founded on Romans jurisprudence.
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 Scottish law- Northern Irish's judicial structure is based on the Scottish judicial framework.
It combines elements of both of the previous law systems.
Question No 2 {The UK Source of law}
2.1 Identify and briefly explain the hierarchy of the principal sources of laws in the
English Legal System
The 4 primary sources of law in the British legislative framework are legislation, case law,
conventions, and books of authority.
 The laws which is enacted by House is referred to as legislative or statute jurisprudence. The
laws that are adopted by House are known as fundamental laws, and the laws that are
established by governmental ministers acting underneath the authority granted to them by
House are known as subsidiary laws. Legislators, though, are unable to leave the nation
because of their "belief in acting morally" and "concern of re-election." Each type of
democracy governance has its unique collection of protocols. Bicameral regimes that usually
have two parliamentary bodies include the British House of Commons and the House of
Lords (Cramer and Krueger, 2016).
 The legislation which magistrates develop whenever they rule on legal matters is referred to
as case law or common law. Instance, or the idea that judges must abide by past tribunals'
rulings, is the source of common law and equitable norms.
 Conventions are guidelines which are commonly recognised by the administration and the
opposing groups in House but aren't constitutionally obligatory.
 Books of authority are non-binding works which are regarded by tribunals as having
compelling influence.
2.2 Explain the characteristics of the sources of laws identified above giving examples of
each
Characteristics of the sources of laws are elaborated below:
 The fact that laws is drafted by House, that it is obligatory on all citizens, and it is subject to
alter at any point are some of its distinguishing features. The Motor Vehicles Act of 1988 is
an illustration of law.
 Case law has the following features as it is produced by courts, it is obligatory on all
citizens, and it is subject to revision at any moment by authorities. The ruling of the House
of Lords in R v. Brown [1994] 1 AC 212 is an illustration of the same.
 Conventions have the non-legally obligatory qualities of being largely recognised by both
the administration and the opposing groups in House and being changeable at any moment
by House. The need that the Party Leader be a part of the House of Commons is such
convention (de Bakker, Rasche and Ponte, 2019).
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