UK Classification and Sources of Law: Impact on Business Organizations
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This report discusses the UK classification and sources of law, their impact on business organizations, and the law-making process. It covers civil and criminal law, the hierarchy of sources of law, and the importance of multilingualism. It also focuses on the impact of contract law on commercial organizations.
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Business Law TABLE OF CONTENT 1.INTRODUCTION 2.UK CLASSIFICATION OF LAWS 3.UK SOURCE OF LAW
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4.UK LAW MAKING PROCESS DIRECT IMPACT ON COMMERCIAL ORGANISATION 5.CONCLUSION 6.REFERENCES INTRODUCTION There should be some laws in a country which governed the functioning of it, without laws it will quit impossible to regulate the functioning of the State. There are so many sectors which got established under the category of public sector or the private sector and the reason
behind success of these sectors are that, they have such laws which, helps them to work legally and avoid chaos in their controlling and performing. In the United Kingdom there is a huge success in business sector. People from all over the world like to do business in the territory of UK, because they have simplicity in their legal regulations and also safeguard the right of people with the help of laws made by the UK parliament (Robinson, and Graham, 2018). To regulate the business UK parliament did its best efforts to provide the Companies Act 2006. There are two sources of law’s in UK i.e. Public Law and the Private law; public law describes the relation between state and the person which determines the duties of person towards the state, and the laws which govern the relation between an individual and the private companies are known as private Law. In this report, different classification of law will get discuss with different sources of law. It also covers the impact of law making process on business organization. TASK 1.UK CLASSIFICATION OF LAWS (i)Discuss the clear definition of law in UK context. Law would be defined as the guidelines passed by the parliament of the state to bind the people towards it. There is a procedure of law making which would be done in the houses of parliament. There are two houses in UK parliament i.e.House of CommonandHouse of Lords,in the procedure of law making; the bill has to pass through with various stages to get the assent and majority from both the houses. After getting the majority vote from both the houses then, in the last final assent would be given by the Monarch who is the Queen of the United Kingdom. (ii)Define and discuss the characteristics of the two main classifications of laws in UK In the United Kingdom, there are two main classifications of laws which are mention below; Civil Law-These are the laws which put the liability on a citizen of the state if they didn’t obeyed the law. It sets out the right and duties of individuals towards the state. If the people or the citizen of the state failed to obey the law then, they become liable to pay the damages or the compensation according to the failure and it also prescribed in the act. Under the civil laws various matters has been covered in which the individual brings the case against the legal entity or the enterprises. The matters which brings by the individual in the jurisdiction of civil laws are; matter related to properties ownership, rent, easement and the matter related to negotiable instruments such as; cheque, bonds etc. Criminal Law-This is the system of law which put the liability on criminals who committed the acts which are illegal and which cause injury, damages or even took the life of another person. There are various acts which are considered as the criminal act such as; murder, robbery, dacoity, sexual exploitation, rape and many more. This act safeguards the rights of victims and to give the punishment to the offender. There is no liability likes civil law, after determine the accused by the court the criminal law provides
the serious and heinous punishment to the accused such as; death punishment, life imprisonment (White, 2022). (iii)Identify the three different Legal systems in UK In the territory of the United Kingdom there are three different legal systems or having the three different jurisdictions i.e. England, Wales and the Northern Island. The legal system of England and the Wales have the same legal system, however the Scotland & Northern Island has separate and different legal systems. The differences also have because of different culture and geographical areas and this is the reason that, some laws will apply in some areas and some not, this will force to organize the three different legal systems in the United Kingdom. 2.UK source of Law (i)Identify and briefly explain the hierarchy of the principal sources of laws in the English Legal System The only and main authoritative power in the United Kingdom of making law is the parliament. No other government bodies have the power to make laws for the country or to the state. This would come under the primary sources of law. All the laws were framed by the functioning of the UK parliament which consist of two houses i.e.House of Commonsand theHouse of Lords. These two houses have the power to deal with bill accordingly and with the 2/3rdmajority the bill got passed and sent it for the final assent of Monarch. There is another sources of UK laws which also come under the primary source is;Case laws. In this source the judges of the Supreme Court or the High court passed the judgement and those judgements become the laws for the lower courts to follow them in the similar matter. The judges are not making the laws, however they are the experts of the laws so, the judgements passed by them will become the law for the lower or inferior courts. There is another source of law which is known as the secondary sources of law. As it got mentioned above that, no government or the private body has the power of making laws. There aresome books or journalswhich are written and prescribed by the legal experts or the judiciary to give their opinion on certain laws (Williams, 2022). Those books & journals were not enforceable as law but they can be use as an advice to remove the contradiction among different laws. (ii)Explain the characteristics of the sources of laws identified above giving examples of each. The main sources of law are the legislation which has the supreme authority to make the laws, rules, orders. Apart from that there are case laws which would decided by the
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Supreme Court or the High Court and become the law for the lower courts in the similar matter.They are bound to follow and apply these case laws in their judgments (Lythgoe, 2021). There are some characteristics of sources of law which are discussing below; The constitution frames to provide the equal treatment to all the citizens of the State. It is flexible and according to the demand of the state it can amended easily. It maintains the relation between an individual and the State, individual between individual and with the private organization. It provides the obligation to all the government bodies and the private bodies to make them legal. It is the guideline to all the organizations to perform their functioning according to the laws. (iii)Discuss the impact of the respective laws on the multilingualorganization In the period of globalization in which all the business organization has the opportunity to expand their business at international level. There are no such barriers which put difficulty in expanding the business or to do business in the international business market. There is one important thing which should be present in all the business organization is, the separate multi linguistic departments. As, there are so many languages which would use around the world and it becomes the biggest barrier to perform the business operations smoothly. It is very important before start the trading or doing the business is the culture and language of that area. There should be kind if awareness about the society and the people. It is really necessary to adopt the practices of multilingualism to understand the nature and the behavior of new place and the people. All the business organizations have to adopt the multilingual practices to remove the barriers of language (Mansouri, and Nall, 2022). The laws which are made on multilingual are very helpful in the development of international business market, and it really helpful for those who have the business at small scale and they have a desire to establish their business in various countries. For that they have to follow the laws made on the multilingualism and establish the environment in the organization which promote the multilingualism. 3.Give examples of how the UK law making process have a direct impact on commercial organizations focusing on ONE of the below list: Contract Law To do the business it is not only the Company act or the business law which used in running the business legally. There are some other acts or laws also which would use in every small or large scale business organizations. No business organizations will start their business withoutenteringinthecontractwiththeotherbusinessorganizationsorwithinthe
organization.The law of contract would be considered as the important law in the point of view of the business, it bounds the people or the organizations to fulfill their part of the performance and also it restricts the organization to perform such functions. In the business organization there is relationship between the employer and the employee’s and to make the relation legal it is really necessary to form an agreement and with all the legal formalities turn out that agreement into contract (Liu, 2021). There is contract act 1990 in UK which safeguards the right of the employer and the employee’s by creating the contract between them regarding their time of working hours, their relations, and wages etc. even between the organizations the essentialsof the contract has been taken place. Some time various organization come into an agreement to work together or not to restrict other organization while doing business. It provides the term and conditions in the trading of products and while providing the services. The contract will also help the organization to make the liability less. It also provides the damages in the form of money at the time of breaching the contract by the other party. It is very important to take care at the time of drafting the contract, the slightest mistake will change the meaning of contract and due to negligence the party who breach the contract would not be liable to pay the liquidated damages. The contract law safeguards the rights of the business organization or the right of the employer and the employee’s. If the contract has made then, it gives the surety and relaxation to the organization to perform their business operations smoothly without any other negative thoughts. CONCLUSION It is concluded from the above report that there are three different legal systems in the United Kingdom, which govern the three different jurisdictions i.e. England & Wales, Scotland and Northern Island. In UK the sources of law are divided into two main categories which are primary sources, it includes the legislation, parliament and the case laws of the Supreme Courts and the High Court. Another source is secondary sources in this various books and journals which got written by the legal experts and retired judges of the high court or the Supreme Court.
Apart from this report covered the importance of multilingualism in the business organization as how it would become the barrier for the expanding the business at international level. At the end of this report, the impact of Contract law is shown on the business organization and the importance of contract act in context to business got discussed. REFERENCES Robinson, D.F. and Graham, N., 2018. Legal pluralisms, justice and spatial conflicts: New directions in legal geography.The Geographical Journal,184(1), pp.3-7 White, S., 2022. Brexit and the Future of the UK Constitution.International Political Science Review,43(3), pp.359-373.
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Williams, M., 2022. Rule of Law Without a Constitution in the UK. InJudges and the Language of Law(pp. 141-188). Palgrave Macmillan, Cham. Lythgoe, G., 2021. Briefing on Customary International Law and Related Issues Concerning the UK Government Decision to Increase its Stockpile of Nuclear Warheads, prepared for Scottish CND.Available at SSRN 3975536. Mansouri, B. and Nall, M., 2022. Theorizing and analyzing language teacher agency: edited by Hayriyeh Kayi-Aydar, Xuesong (Andy) Gao, Elizabeth R. Miller, Manka Varghese, and Gergana Vitanova (Eds.), Bristol (UK), Multilingual Matters, 2019, 296 pp., $59.95 (paperback), ISBN: 9781788923903. Liu, M.C., 2021.Linguistic capital and linguistic selves of bilingual and multilingual Taiwanese adults: motivation and identity rebuilding in learning Taiwanese heritage languages, Mandarin, English and other foreign languages(Doctoral dissertation, Queen's University Belfast). Heidemann, M., 2018. Editorial Article: The Future of the Commercial Contract in Scholarship and Law Reform–A Work in Progress.European Business Law Review,29(6)..