Business Law: Sources, Role of Government, Impact on Business

This document provides an overview of business law, including the different sources of law, the role of government in law-making, and the potential impact of business, employment, and contract law on businesses. It also discusses the advantages and disadvantages of different types of business organizations. The document evaluates the effectiveness of the legal system in terms of recent reforms and developments. The subject is Business Law, and the course code is not mentioned. The document type is an essay or assignment.

Business Law

INTRODUCTION...........................................................................................................................4
MAIN BODY..................................................................................................................................4
PART 1............................................................................................................................................4
P1. Explain different sources of law............................................................................................4
P2. Explain the role of government in law-making and how statutory and common law is
applied in the justice courts.........................................................................................................5
M1. Evaluate the effectiveness of the legal system in terms of recent reforms and
developments...............................................................................................................................6
Using specific examples illustrate how company, employment and contract law has a potential
impact upon business...................................................................................................................7
Differentiate between legislation, regulations and standards to analyse potential impact upon
business........................................................................................................................................7
Provide a coherent and critical evaluation of the legal system and law......................................8
Explain how different types of business organizations are legally formed.................................8
Advantages and disadvantages of unincorporated and incorporated business with its difference
between in terms of starting process............................................................................................9
PART 2..........................................................................................................................................11
Brief overview of Contract law, employment law, Company law............................................11
Salient legal points of each case................................................................................................11
Suggest an appropriate legal solution to each of the problems.................................................11
Provide justification for the advice and solution given.............................................................12
Critically and evaluate the use of the appropriate legal solutions suggested in comparison with
alternative legal advice..............................................................................................................12
CONCLUSION..............................................................................................................................12
REFRENCES.................................................................................................................................13

INTRODUCTION
Business law these are the laws that has been amended over making sure that all process
related to business is bee handled in proper and effective way. Such laws have been helping I
developing framework which leads over making all kinds of trade activities conducted in more
effective manner. Law is been deal over rules and regulation which makes organization
performance improved by making goals and objectives accomplished within given time period.
Also managing is been done of buying and selling of goods which leads over managing work in
more organized manner. Scope of these laws is wider as they cover various aspects related to it.
Nature is dynamic due it impact over policies formed within business organizations. The file is
based over sources of laws which is been used for forming law. Further file covers about various
kinds of business organization with its advantages and disadvantages. Also employment, contract
and company law is covered. In the end legal solutions has been explained.
MAIN BODY
PART 1
P1. Explain different sources of law
English legal system is that kind of legal system which is been used over covering of
those aspects which impacts society at large which includes formation of law. These laws have
been formed with the help of sources. These sources have been explained as follows:
Primary sources: These are those sources which acts as this kind of elements used I
forming of laws. Such sources have been explained as follows: Case law: In this source various kinds of cases is been covered with its facts, issues,
decision and legal principle that helps in forming of law report in more organized
manner. Also it uses doctrine of judicial preceding which makes relevancy formed in
relation to making a legislation in more effective form(Backer, 2017).
 Legislation: This is based over bill which has been passed with the help of presenting
them within both the houses that is House of Lords and House of Commons then in the
end royal assent is given in order to make bill permanent law.

Secondary sources: These are the second hand information which has been extracted by
further interpretation of information kept in primary sources.
 Legal encyclopedias: The Halsbury's Laws of England and Wales is the most trusted and
widely used encyclopedia all over the world. It defines each and every legal term in an
intelligible manner. Parliamentary and non-parliamentary publications: Former is related with command
papers, and debates of both the houses of Parliament and latter is the reports prepared and
posted by government's department or agency on it official website. Law commission: In this law commission help in forming of report which based over
reactions which helps in reviewing of recommendation in order to form amendments.
Also through this laws formed is influenced by public feedback.
 Textbooks: This is very easy and helps in gaining knowledge over various kinds of
provisions existing within laws and helps in understand law in more organized manner.
P2. Explain the role of government in law-making and how statutory and common law is
applied in the justice courts
Government plays major role which help in forming of policies that leads over creating
better society over performing operations. These laws make law implementation done in more
effective manner which makes individual rules developed within society. There are various roles
which have been explained as follows:
Judiciary role: It contains various kinds of elements which help in solving of cases
based over forming of law within society. In this most important role is played by judges by
passing judgment in a case. It makes result obtained over requirement that makes different cases
handled in proper manner. Under it judges makes cases handled with all laws which makes cases
solved as per legislation (Backer, 2017).
Executive role: They are one of the most important part of parliament which plays
important role in implementing of policies formed in more organized manner. Legal rules is been
applied within society in order to make peace and order formed within society. In this
administrative authorities and public servant is included.

Legislative role: This is one of the major organs which have been helping in forming of
laws through proper process followed in parliament. Under it three reading process is formed
which makes bill become law through maintaining its legality.
Also with this various kinds of laws are there which is based over both statutory and
common law. For such purpose separate jurisdiction is been followed that leads over developing
law in more organized manner. Further they are explained as follows:
Statutory law: These are permanent laws which have been formed over attaining
clarification over fundamental rights and constitution legality within a country. In this law and
legislation is been formed which makes law proceedings done in more organized manner. These
are been applied within courts through a proceeding or trial taking place. In this bill passed
within parliament is considered as laws which has made framework formed in more organized
manner. It is a declaration by the government that every individual has to comply with it and
judgment is made considering the case scenario or existing legislation within it (Douma, 2017).
Common law: These are the laws within which judgment passed is been used as judicial
precedents in making more effective amendment over laws been formed. In this facts, issues,
judgment and ideology behind applying an act is seen. Under these laws judgment pass is been
used for enhancing laws over needs of society. Such law is been used in court only when there is
necessarily for courts interruption in interpretation of laws as per case situation. These laws is
use d within judicial system makes it more effective and increase transparency within it.
M1. Evaluate the effectiveness of the legal system in terms of recent reforms and
developments
The legal system within UK has been seeing lot of changes within the society over
making laws and there applicability. Under legal system of UK code is been developed through
following long and complex mechanism which takes time in forming new laws. Also the existing
legal system contains rigidity over law making process which makes irregularity created within
its services. So it has been observed that enhancement of legal system is required to be done
through making laws. Also legal system is required over removing complexity which makes
laws formation easy and efficient for society achieved.

Using specific examples illustrate how company, employment and contract law has a
potential impact upon business
Various laws has been formed in order to make sure that business organization and their
activities is run in smooth manner. Further such legislation has been explained as follows:
 Company law: These are the law which helps in operating of an organization through its
rules and regulations formed within the Companies Act, 2006. The act has been formed
in order to make business run in more effective manner. This is better understood with
the help of example which is CVB Ltd which has raised funds with the help of crowd
funding but has been using it for other purpose that is personal funds. Under the situation
investors can file case against the company through the act.
 Employment law: Since human resource is one of the most important part of an business
organization and has rights to be protected by them. In this employees and staff members
is covered. In order to protect their rights employment laws is been used which helps in
forming of framework used for protecting employee. These laws covered legislation like
Employment Act, 2002, Equality Act, 2010 and Employment Right Act 1996. This can
be understood with the help of example that an employee is facing harassment within an
organization by his seniors. In this case employee can sue higher authority with the help
of employment tribunal process.
 Contract law: Every organization has to enter into different contracts throughout their
business for carrying out transactions and dealings in a lawful manner so that legal
obligations can be avoided. Contravention of any terms and conditions will give the right
to revoke or cancel the contract. For example, a contract has been entered by ABC Ltd.
With its suppliers, in which it failed to make the payment within the stipulated time,
hence, such contract can be revoked by the suppliers. So, case can be filed (Frémeaux,
Michelson and Noël-Lemaitre, 2018).
Differentiate between legislation, regulations and standards to analyse potential impact
upon business
Legislation: These are been formed through passing of bill within parliament that
becomes act or law after it receives Queen’s Assent. The process is required to be followed by
parliament in order to from legislation. Under it two houses is been covered House of Lords and

House of Commons in these bill is been presented within parliament for discussion over it. These
can be made by state government or federal and is compulsory to follow.
Regulations: These are those instructions which have been enforced in order to make
administrative rules to be maintained. In this laws is been applied upon existing legal provisions
and has to be implemented by an organization which has made legal provisions formed. This is
required to be formed by an organization and is based over legislation.
Standard: These are those guidelines which is been formed over making ethical conduct
of an organization. It helps in maintaining of ethical code of conduct within an organization and
helps in making all process done in more organized manner. In this minimum criteria is been
accomplished which makes legal issues solved.
Provide a coherent and critical evaluation of the legal system and law
Legal system is that kind of system which is been used in order to maintain law and order
within society. In United Kingdom this system is based over two main elements which are
parliament and judiciary. UK’s legal system is based upon various kinds of laws which are based
upon different aspects covered. In this legal system is been implemented in UK is having very
complex nature which makes its stubborn in getting amended. This has made such legal system
rigid and old that leads over making legal system of UK attain old structure of law. So, it is
required over making changes within the law which has makes it more effective in nature as per
laws (Gassner and Lawrence, 2019).
Explain how different types of business organizations are legally formed
Business organizations are those organization which has been used in order to make sure
that needs of business is been established in more effective manner. Such organizations has been
explained as follows:
 Sole proprietorship: This is that kind of business organization which is based upon
small business holding responsibility in relation upon working place within an
organization. Person owning such business is known as sole proprietorship and in this
liability is hold by the owner of business.
 Partnership: In this type of business mainly two of parties comes together with the
common motive to earn huge profit. Liability in partnership company is not limited as per

the investment amount so that situation can be managed and controlled in better manner.
In order to start any partnership company legal documentation must be done that support
to figure out total contribution amount.
 Joint Venture: In this two organizations is been combined together which makes
specific project completed in proper manner. This makes agreement formed over liability
which is been distributed as per the role of both business.
 Limited liability company: It is that kind of business organization which is been hold by
those organizations within which investment of partner is seen which makes working
environment hybrid in nature and includes both partnership and corporation business
more effective.
 Corporation: The main purpose of this company is to provide best benefited and suitable
services and product for customer. To run these businesses immense amount of capital
and it require more time for set up. As in the given case accounted have advisable to form
company (Kaal and Calcaterra, 2017).
Ways of raising fund has been explained as follows:
1. By issuing new share
2. Provision of Bonds, Denture can be made.
3. The best suitable is related with raising monetary funds through debt methods
4. Loans from various private and government financial institution.
Advantages and disadvantages of unincorporated and incorporated business with its
difference between in terms of starting process.
Incorporate Organisation: In these organization there is existence personal legal existance
which make it easy to be part of an contract. This is one of the most safe and secured business
that makes it easy formation possible.
Advantages:
 Right to perpetual succession which makes companies functioned in smooth manner.
 Company is holding right of perpetual sequence.
 Under it main advantage of business is based upon getting sued easily.
Disadvantage:
 It is not easy over making business getting disclosed after it has been incorporated.

 Money and time required is more and complex process is there for its formation.
Unincorporated Organisation: Under such business organization various kinds of
operations and events is been executed which has lead over making huge profit earn. In this
benefit of business is been made over taxes which is required to be paid and exists within legal
frame of law. Under such organization funding is not easy (Kranich and Wald, 2018).
Advantages:
 It is not required over filling of annual accounts.
 Under such business lower cost of compliance is there.
Disadvantage:
 There is no legal and authentic contract is been formed and no time is there.
There is a major difference among incorporate and unincorporated businesses that are discussed
below:
Incorporated Association:
 Name and address is to be decided and is required to be checked properly.
 Shareholders and mangers is been selected for this business.
 Must issue “Memorandum of Association”
 In this approval is required to be taken over stakeholder and design for Article of
association (Kuzmina, 2017).
 Responsible person is required over submitting of documents to company’s house.
 The main source over fund raising is based over taking loans from banks, issue of bonds
and shares.
Unincorporated Association:
 Require to set actual objective of a business.
 In this valid contract is been made over two or more partner.
 In this association and liability is not limited which makes essential amount to be shared.
 There are various sources of raising funds in this kind of association such as bank loans,
capital, raising funds for private money lender

Some major advantages and disadvantage of companies over partnership firm are defined below:
Advantages:
 In this company is having main benefit which is based over enjoying rights over
perpetual succession while partnership companies is having main problems based over
changes.
 Under it partnership firm is been based over which makes fund raising easy and effective.
 In this companies have limited liability and in partnership liability is equal.
Disadvantage:
 Developing a company is not an easy task while partnership firm gets developed easily.
In relation over an organization decision-making process is to be formed and huge funds are
required to be collected over taking meaningful decision (Martins, 2019).
PART 2
Brief overview of Contract law, employment law, Company law
Company law these are the laws which has been used over forming of an organization in
more effective manner. Such law is handled through using Companies Act 2006 which has made
incorporation process slow down. Contract law they are the laws which is been used in order to
make an organization develop through agreement formed. In this contractual liability also exists
in relation over business formed. Employment laws that helps in protecting of employee by
mataining strong relationship between employer and employee.
Salient legal points of each case
In fist case issue is based over claiming of salary for year 2015, 2016 and 2107. In second
case legal position of parties is bee observed. In third case winding up of an organization is
covered.
Suggest an appropriate legal solution to each of the problems
In first case employment law is applied. Under second case contract law is applied and in
third company law is applied (Mavi and et. al., 2019).

Provide justification for the advice and solution given
Employment law is applied in order make sure that 2017 payment is done but cannot get
payment for 2015 and 2016 since unwritten contract exists. In second case position of parties is
that offeror is virgin media and jennet is accepter . in third case debt is required to be paid.
Critically and evaluate the use of the appropriate legal solutions suggested in comparison
with alternative legal advice
In these case alternate dispute can be applied for solving cases in more effective manner.
In first case negotiation is applied for making party reach to proper conclusion. Under third case
legal advice applied is based over arbitration within which arbitrator is appointed to solve a
problem(Mikami, 2018).
CONCLUSION
From the above discussion it can be concluded that business organization is the concept
based over making an organization attain validity in terms of goals and objectives decided by an
organization. These laws provided guidelines for making an organization attain stability within
an organization. In this report things covered is based over various sources available for law
forming with role of government in law making. Also different kinds of business organizations
are covered with the help of its advantages and disadvantages. Then in this report various laws is
been covered which is related to business organization. The end of file covers about various
kinds of legal solution used for solving issues related to a particular case.

REFRENCES
Books and Journals
Backer, L.C., 2017. The human rights obligations of State-owned enterprises: Emerging
conceptual structures and principles in national and International law and policy. Vand. J.
Transnat'l L., 50, p.827.
Douma, W.T., 2017. The promotion of sustainable development through EU trade instruments.
European Business Law Review, 28(2).
Frémeaux, S., Michelson, G. and Noël-Lemaitre, C., 2018. Learning from Greek philosophers:
The foundations and structural conditions of ethical training in business schools. Journal
of Business Ethics, 153(1), pp.231-243.
Gassner, M. and Lawrence, J., 2019. Fintech in Islamic finance: Business models and the need
for legal solutions. In Fintech in Islamic finance (pp. 174-181). Routledge.
Kaal, W.A. and Calcaterra, C., 2017. Crypto transaction dispute resolution. The Business
Lawyer, 73(1), pp.109-152.
Kranich, P. and Wald, A., 2018. Does model consistency in business model innovation matter? A
contingency‐based approach. Creativity and Innovation Management, 27(2), pp.209-220.
Kuzmina, I., 2017. Entrepreneurship and small business development in Latvia. In Small Firms
and Economic Development in Developed and Transition Economies: A Reader (pp. 153-
163). Routledge.
Martins, A., 2019. Country Note: Three Emblematic Measures in Portuguese Business Taxation:
A Preliminary Quantitative Appraisal. Intertax, 47(6/7).
Mavi, R.K and et. al., 2019. Ranking factors influencing strategic management of university
business incubators with ANP. Management Decision.
Mikami, K., 2018. Are cooperative firms a less competitive form of business? Production
efficiency and financial viability of cooperative firms with tradable membership shares.
Economic Systems, 42(3), pp.487-502.