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

This article discusses the classification and sources of business law in UK, including public and private law, tort law, and the hierarchy of legal sources. It also explores the impact of UK law on multilingual organizations and provides examples of how the law making process affects 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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 Books of authority have the following qualities: they are not legally obligatory; judges see
them as credible sources of information; they are subject to revision by the publisher at any
moment. Halsbury's Statutes of Britain is one illustration of the same.
2.3 Discuss the impact of the respective laws on the multilingual organisation
The effect of laws on a multi-linguistic company entails that it is required to abide by all applicable
laws. For instance, if a company hires individuals from other nations, this should abide by the
employment laws of each of these nations.
 Case law has an effect on multi-linguistic organisations in that it requires them to consider
pertinent case law while formulating choices. For instance, if a company is thinking about
building a subsidiary abroad, it needs to take any case law into account which may be
important.
 Conventions have the effect of forcing a multi-linguistic company to consider pertinent
conventions while formulating choices. For instance, if a company is thinking about
conducting commerce abroad, it needs to take into account any traditions which may be
important.
 A multi-linguistic organization's response to books of authority entails that it now has to
consider the appropriate books of authority while formulating choices. For instance, if a
company is thinking about signing an agreement with an overseas provider, it needs to take
into account any books of authority which may be important.
Lacking the adjective "multi," the phrase "multilingualism" could not be applied to describe
bilingualism or trilingualism. One could describe oneself as multilingual if more people master
multiple dialects. Individuals that are multilingual are typically seen as belonging to a diverse
society or group. People who communicate in many dialects frequently demonstrate a complete
spectrum of communicative skills in multiple dialects at once. Genuine multilingualism is a rather
uncommon phenomenon in real situations, nevertheless. There is a clear propensity for 1 dialect to
consistently predominate everyone else that is thought to be seems to be of inferior value, especially
though people are generally learning 2 or more dialects at the same time (Freudenreich, Lüdeke-
Freund and Schaltegger, 2020).
Question No 3 (Give examples of how the UK law making process
have a direct impact on commercial organisations focusing on
ONE of the below list):
3.1 Explain and give the features of one of the following laws
Tort law
A branch of legislation known as tort law offers redress for wrongdoings done by one
individual over someone. The three fundamental characteristics of tort law include that legislation is
for the advantage of the sufferer, it is predicated on the concept of guilt, and it is legally valid. Any
action or inaction, beyond a violation of law, that results in damage to another person and for whom
a tribunal places responsibility is referred to as a tort. In alternative terms, a harm has been done,
and the victim will get monetary penalties as compensation. Tort claims can be broken down into 3
categories: carelessness, deliberate wrongdoing, and severe culpability. Each has somewhat unique
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components. Yet, the litigation procedure for every one of these is essentially the equivalent
(Guldmann and Huulgaard, 2020).
A tort might result in injury to the body or mind, asset destruction or ruin, monetary losses, etc.
Losing of current or prospective revenue is one instance of a damage which the United Kingdom
court might tell the guilty person to pay to the person who is the sufferer in the case. The Tribunal
decides how much money will be paid in penalties. Via a judicial procedure, the aggrieved side may
claim reimbursement. Liabilities within tort law can result from carelessness, willful inaction when
there is an obligation to act, or breaking the law. Therefore, severe responsibility, deliberate, and
careless torts are the 3 types within tort legislation. Injuries are regarded as torts for negligence. A
common instance of a deliberate tort, or damage committed to someone notwithstanding malice, is
stealing. Manufacturing or assembly of faulty items subject to severe culpability for tort losses.
Severe responsibility torts are those that focus on the guilty mental condition of the wrongdoer. In a
legal action concerning the tortious conduct, the person that committed the tort is known as the
"tortfeasor" and might well be the plaintiff (Khmara and Kronenberg, 2018).
CONCLUSION
As per the analysis mentioned previously, Scotland and Ireland are likewise controlled by the
United Kingdom legislative system, in addition to England and Wales. In the Great Britain, the
basic and supplementary legal principles can be broadly classified into multiple groups. The
common law, often known as judge-made legislation and constituted of both traditions and judicial
norms, serves as the cornerstone of the judicial process in United Kingdom. Since so many
agreements, norms, regulations, and ordinances were already made and are regarded as laws, the
Britain's administration is focusing more on enacting legislation.
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REFERENCES
Books and journals
Aithal, P.S., 2016. Study on ABCD analysis technique for business models, business strategies,
operating concepts & business systems. International Journal in Management and Social
Science, 4(1).
Asongu, S.A. and Odhiambo, N.M., 2019. Challenges of doing business in Africa: A systematic
review. Journal of African Business, 20(2), pp.259-268.
Baumann-Pauly, D. and Nolan, J., 2016. Business and human rights: From principles to practice.
Routledge.
Cramer, J. and Krueger, A.B., 2016. Disruptive change in the taxi business: The case of Uber.
American Economic Review, 106(5), pp.177-82.
de Bakker, F.G., Rasche, A. and Ponte, S., 2019. Multi-stakeholder initiatives on sustainability: A
cross-disciplinary review and research agenda for business ethics. Business Ethics
Quarterly, 29(3), pp.343-383.
Freudenreich, B., Lüdeke-Freund, F. and Schaltegger, S., 2020. A stakeholder theory perspective on
business models: Value creation for sustainability. Journal of Business Ethics, 166(1),
pp.3-18.
Guldmann, E. and Huulgaard, R.D., 2020. Barriers to circular business model innovation: A
multiple-case study. Journal of Cleaner Production, 243, p.118160.
Khmara, Y. and Kronenberg, J., 2018. Degrowth in business: An oxymoron or a viable business
model for sustainability?. Journal of Cleaner Production, 177, pp.721-731.
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