Business Law Report: UK Legal System, Business Organizations, and Laws

This report delves into the intricacies of business law within the United Kingdom, providing a comprehensive overview of the legal system, its sources, and the role of government in law-making. It explores the application of statutory and common law within the courts, offering a critical reflection on ...Read More

Business Law

Table of Contents
INTRODUCTION ..........................................................................................................................4
TASK ..............................................................................................................................................4
PART 1............................................................................................................................................4
Explanation of the legal system..................................................................................................4
Different sources of law..............................................................................................................5
The role of government in law-making ......................................................................................6
How statutory and common law is applied within court.............................................................7
Critical reflection of the legal system.........................................................................................7
Explain difference between legislation, regulation and standards .............................................8
Explain about contract law, Law of torts, copyright law and employment law..........................8
Various kinds of business organization with there management and funding............................9
PART 2..........................................................................................................................................11
Brief overview of Contract law, employment law, Company law, etc.....................................11
Salient legal points of each case...............................................................................................11
Suggest an appropriate legal solution to each of the problems................................................12
Provide justification for the advice and solution given............................................................12
Compare & contrast the effectiveness of these recommendations given in your presentation12
Critically and evaluate the use of the appropriate legal solutions suggested in comparison
with alternative legal advice......................................................................................................12
CONCLUSION .............................................................................................................................12
REFERENCES..............................................................................................................................13

Table of Contents
INTRODUCTION ..........................................................................................................................4
TASK ..............................................................................................................................................4
PART 1............................................................................................................................................4
Explanation of the legal system..................................................................................................4
Different sources of law..............................................................................................................5
The role of government in law-making ......................................................................................6
How statutory and common law is applied within court.............................................................7
Critical reflection of the legal system.........................................................................................7
Explain difference between legislation, regulation and standards .............................................8
Explain about contract law, Law of torts, copyright law and employment law..........................8
Various kinds of business organization with there management and funding............................9
PART 2..........................................................................................................................................11
Brief overview of Contract law, employment law, Company law, etc.....................................11
Salient legal points of each case...............................................................................................11
Suggest an appropriate legal solution to each of the problems................................................12
Provide justification for the advice and solution given............................................................12
Compare & contrast the effectiveness of these recommendations given in your presentation12
Critically and evaluate the use of the appropriate legal solutions suggested in comparison
with alternative legal advice......................................................................................................12
CONCLUSION .............................................................................................................................12
REFERENCES..............................................................................................................................14

INTRODUCTION
Business law are the laws that has been formed in order to make sure that business
organization is formed in relation over rules and regulation that is prescribed within these laws.
Also such laws provided with concrete framework formed which helps in regulating of business
organization possible in more affective way. Such laws makes goals and objectives set by an
organization achieved by maintaining legality within them. Business laws also known as
commercial laws as they deal with both government and private organizations operated under it.
Laws of such kind are useful in making business organization deal all kinds of legal issues
solved related to process of an organization. Further the file cover about legislation, judiciary and
executive's role in forming laws. Then explanation has to be given about various business
organization with methods of fund collection. In the end ADR is been explained.
TASK
PART 1
Explanation of the legal system
Legal system of United kingdom covers various aspects that is related to aspects accruing
within society. Also legal system of UK has three strong pillars which are legislative, executive
and judiciary..(Frémeaux, Michelson and Noël-Lemaitre, 2018) These bodies work upon
principal formed within doctrine of separation of power. The doctrine says that legislative is
been given power to form laws, executive helps in seeking that laws are executed within society
in proper manner. Then judiciary makes sure that no law is breaking constitutional framework.
Doctrine says that no body can interfere within the working of each other. Laws are very
important part of UK which makes discipline and order maintained within society. Laws cover
wide scope with tendency to impact country like UK at whole. In legal system of UK is divided
into civil and criminal law. Courts has been given jurisdiction as per the nature of crime. This
can be understood with the help of following diagram.

Different sources of law
Laws are those acts which has been formed in order to make sure that balance has been
maintained within society by eliminating negative elements from it. They majorly helps in
restoration of peace and concentrates over welfare of state. Laws hold there existence form vary
long time and are been formed with the help of source. These source are divided into two type
primary and secondary sources. Further explanation about the sources has been made as follows:
Primary sources: These are the sources which provide first hand information about laws
that has been formed within UK. Such sources makes law formed in more organized manner.
Further sources is explained as follows:
Legislation: This is one of the most important source which is used for forming laws that
is applicable within an organization. Legislation helps in forming laws as per the condition
which has been formed within society. Examples of these sources are acts of parliament, laws
amended by them .(Glogower and Kamin, 2018).
Common laws: These are that kind of laws which has been formed on the basis of
analysis that has been done in relation to laws which has been disturbing society at large. In this
judges given landmark judgement which can be used as laws over similar matter.

European Human Rights Commission: These are also an important source of law which
has been used for preparing of framework which makes laws formed in relation to human rights.
Also it is used to make sure that human rights has not been violated under laws that has been
formed.
Secondary sources of law: In these sources of law information that is collected for farming law
is with the help of secondary sources. Further explanation is given as follows:
Books and journals: Under this source information related over laws has been formed. It
is very important for laws students to study about there subjects of law. In the source appropriate
information about law is been collected.
Encyclopedia: These are that kind of source which helps in finding out meaning of
specific words used within law. It is important as it helps in finding out basic meaning of law.
Legal articles: In this source view of various legal professionals is been used for
presenting an idea about those laws which helps students in preparing about nature of laws
within there academics.
The role of government in law-making
In UK parliament is been given power to form laws and is supreme authority over
forming laws. Parliament consists of two houses that is House of Lords and House of Commons.
Proper process is been followed which makes laws formation possible. Firstly a bill is drafted in
relation to law that has to be brought and is presented within parliament. Bill is the document
which states details about law require to brought within action. Bill is presented in either of two
Houses which are House of Lords and House of Commons (Henrÿ, 2017). There are various
stages over which debated and examination is done with the suggested changes into the draft.
After agreeing upon the bill and providing it clearance, it is send for Royal Assent then only bill
becomes law. Further the stages has been explained as follows:
First reading: This is the very first stage within bill is presented within parliament. In this only
name of the bill is read out and no discussion takes place upon it.
Second reading: At this stage the bill is read and its key areas is covered. All member discuss
about the bill in detail and then changes is also suggested. Further voting over bill is also done in
this stage.

Committee stage: Under it line by line the text of bill with amendments is been presented. Then
members starts analysing them in appropriate way. Voting can take place for deciding upon
changes that is been done. Any member may take part and there is no time limit
Report stage: In this stage bill is been examined again with changes that has been done. In this
more amendment is done if asked and then again voting takes place.
Third reading: This stage mainly aims over covering any loopholes and bill is presented in
House of Lords. Then house of Lords analysis bill and can send it back if amendments has to be
made within it. It depends over Commons to accept or reject the changes. In this several rounds
can take place.
Royal Assent: When both Houses have agreed the text, the bill is approved by the monarch and
becomes a law or ‘Act of Parliament'. The power is been given under Royal Assent act.
How statutory and common law is applied within court
Statutory laws means those laws which has been passed with the help of legislature.
These are concrete form of laws which helps in regulating of various activities within country of
UK. Such law is been used by courts at that time when an cases in relation to particular law is
been presented in courts. In this mainly national, stated and legislature is included within it.
Common laws are the laws that has been formed upon judgement of cases that has been
presented within a particular case. These judgement can become laws and can be refereed in
future over similar case of its kind. Both laws working for impoverishing process of judiciary
which makes laws applied in more effective manner. So courts uses these laws to provide justice
within case that are complexed in nature (Lobel, 2017).
Critical reflection of the legal system
Legal system of UK coveres various kinds of laws which are related to various types of
activities taking place in society. There are three main parts of legal system of UK that is
parliament, judiciary and executive. In UK two major laws exists that is Civil which deals upon
matters related to property, civilians and individual. Under such laws wrong is committed in
relation over individual. Then comes criminal laws within which crime if committed by an
person with intention to harm public at large. Such crimes consists of activities like murder,
sexual assault, rape and culpable homicide. Judiciary in UK holds jurisdiction as per territorial
boundaries. Supreme court of UK deals with all kinds of matters as per its divisions which are
Qeen's division dealing with criminal matters, Chancellor division which deals upon civil cases

and then family division dealing upon matters in relation to marriage and child. Then comes
small courts and bounty courts which deal upon cases of all kind and are known as court of first
instance. There are various others courts like tribunals which is been formed in order to reduce
Burden of court and ease down the process of judiciary. Then there are juvenile courts which
deal upon matters related to children and helps them in improving themselves. As it can be seen
that legal system of UK is very complexed in nature which makes it less comparable with
modern laws, that is why they are require to develop themselves in more effective manner by
reducing complexities within legal system of UK.
Explain difference between legislation, regulation and standards
Legislation are those laws which has been formed with the help of proper process
prescribed within constitution of a country. Legislations are those concrete laws which prepare a
structure to be followed by an organization. They are government formed laws which are bound
to be followed by a country. For example tax laws, contract laws and various other laws.
Regulation these are that set of rules which are been formed by higher official of an organization
that helps in smooth running of an business organization possible. Then comes standards which
is related to legality followed within an organization. Standards is been applied in the form of
ethical code of conduct within an organization which makes working environment to be more
healthy and effective for working of employee in an organization (Moktadir and et. al., 2020.).
Explain about contract law, Law of torts, copyright law and employment law
Contract laws: These laws are those laws which is related over agreement that has been
formed between two parties. Such laws are mainly based upon promise made between parties
either mutual or in written form. Various elements are there which makes valid contract to be
formed and they are offer, acceptance, consideration and legality. In an contract offer is used
only to present idea about the contract.
Law of Torts: Tort, in common law, civil law, and the vast majority of legal systems that
derive from them, any instance of harmful behaviour, such as physical attack on one’s person or
interference with one’s possessions or with the use and enjoyment of one’s land, economic
interests , honour, reputation, and privacy. The term derives from Latin tortum, meaning
“something twisted, wrung, or crooked.” The concept encompasses only those civil wrongs
independent of contracts.

Copyright Laws: These laws are part of Intellectual property rights which deal upon
rights which are intellectual in nature. Copy right laws are those laws which restricts similar
works which is been done by an author or any professor. It mainly protects original and unique
creation by giving them elusive right over the work produced. Further such laws allows an
person or individual to enjoy royalty upon its work this can be for an period of 100 years
depending upon time limit prescribed within IPR laws of particular country.
Employment law: These laws are covered within labour laws which deals upon
problems in relation to employment, remuneration, condition of work, trade union and industrial
relation. Also such laws covers about contract which has been existing in relation to employment
between employee and employer. Employment laws covers about basic rights and duties to be
followed by employer and employee within an organization. These laws makes sure that
employees interest has been protected (Plump and LaRosa, 2017).
All the laws mentioned above is related to an organizations various process. This helps in
making work environment more secured and safe.
Various kinds of business organization with there management and funding
Sole proprietor: These kind of business organization does not hold legal distinction
between owner and entity. Such type of organization has single owner and responsibility of
business lies on individual running the business. Forming of such organization requires an
unique number to be generated which and no complexed documentation process is involved
within it. Funding of these organization is done with the help of personal investment through
friends and family. Certain advantages and disadvantages of these organizations are as given as
follows:
Advantages of sole proprietorship are
 Profit earned is been kept by the owner himself of an business. No complexity is involved while forming an business.
Disadvantages Of sole proprietor
 All kinds of problem is been taken care by the owner himself which increases burden for
owner as loss and debts us bare by him.
 Funding is also difficult to be arranged at times as funds arranged through personal
sources.

Partnership: In this kind of business firm two or more than two person are involved
within it. The common motive of partners is to earn profit and making formal agreement exists
between parties for running of business. All kind of responsibility is been divided within partners
with liability of each partner. Formation process of an organization involves agreements in some
cases or else only registration number is required. Management of work in these organization is
done by partners. Certain advantages and disadvantages of these organizations are as given as
follows:
Advantages of partnerships
 In this funds is generated in faster and better way as more persons are involved within
business. Profit that has been generated is been divide equally among partners.
Disadvantages of partnership
 Debts and loss has to be bare by the partners that may get complex at times.
 If an partners dies then whole partisanship firm comes to an end. Due to
misunderstanding resulting into dissolution of partnership firm (Sánchez-Herrera and
Donate, 2019).
Corporation: These are those organizations which are private in nature and organization
is considered as separate entityt. All work is been managed by directors and formation of such
organization is done through collecting documents and sending it to companies house for
verification. In this name of organization has to be mentioned. Funding of such organization is
done through loan from bank or through debentures and bonds.
Advantages and disadvantages of such organization is as follows:
Advantages of a corporation
 Liability is limited over owners and various processes is to be handled by them only.
 Profit generated makes an organization over debts and loss. Transferring of an organization is easy to be formed through through fair means or
losses .
Disadvantages of corporation
 Process of making an organization is also very complexed in nature.
 Forming of organization is required to makes lot of documents to be applied.
 Rigidity is there in the process of running that makes it complex in nature.

Limited liability company: Under such kind of organization limited liability is been
separated to owners and organization. In this organization there are multi-pal owners which
makes investment opportunities hire. These organization is been formed with same process as
that of incorporation of private organization. Such organizations shares is sell within public.
Funding is done through financial institution. Management is been handled by all the owners
who have invested within it (Sneed, 2019).
Advantages of LLC are
 Organization owners has to share profit as per there investment. Profit shared by owners is without any double-taxation.
Disadvantages of LLC are
 Different laws can be used for limiting of ownership.
 Agreement formed should explain about all the things in detail and must explain about
information related to business been done.
PART 2
Brief overview of Contract law, employment law, Company law, etc.
Contract law: These are the laws within which two parties form an agreement with the
help of mutual or written consent (.un and et. al., 2018).
Employment laws: Such laws deal with all kinds of things that is related to employees.
In these laws right and duties to be followed by employer and employee is been covered.
Company law: They are the laws which has been dealing with various aspect related to
an organization.
Salient legal points of each case
Case 1: In this case Gordon wants advice over obtaining of wages for 2017 and can he claim for
wages of 2015 and 2016.
Case 2: The case legal position of the service provider (Virgin Media) and the consumer (Janet).
In this case service is been provided by Virgin media and taken by Janet by issue accrued when
service is not been completely given to her.
Case 3: In this case an organization wants to avoid compulsory winding up. So options has to be
discussed regarding it.

Suggest an appropriate legal solution to each of the problems
Case 1: Employment contract formed between employer and employee has to be seen that is
covered in employment law.
Case 2: Contract laws has to be used.
Case 3: Company law is applied.
Provide justification for the advice and solution given
Case 1: Employment contract states is to be used as its is going to justify that salary for 2017 can
be attained by George but not of 2015 and 2016. as he agreed upon condition formed by
organization.
Case 2: As per contract law it can be justified that jennat holds legal position of accepter and
Virgin mobile is the offeror.
Case 3: After applying company law winding up can be stopped only when debt is paid. So, it
justifies winding up of organization.
Compare & contrast the effectiveness of these recommendations given in your presentation
Laws used to solve problems helps in giving justification upon situations existing within
case scenario (Zeng, 2019).
Critically and evaluate the use of the appropriate legal solutions suggested in comparison with
alternative legal advice
Alternate Dispute Resolution process can be used for solving of problem. As this process helps
in solving problem out of court. In these case negotiation, arbitration and conciliation can be
used for solving problems.
CONCLUSION
From the above discussion it can be concluded that business laws are the laws helps in
formation of business organization in appropriate manner. In this file sources of law, legal
system is been discussed. Further in this file various laws has been explained with various kinds
of business organization. Also file covered about contract, employment and company law. In the
end ADR is covered.

REFERENCES
Books and Journals
Fernández-Rovira and et. al., 2021. The digital transformation of business. Towards the
datafication of the relationship with customers. Technological Forecasting and Social
Change, 162, p.120339.
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.
Glogower, A. and Kamin, D., 2018. Missing the Mark: Evaluating the New Tax Preferences for
Business Income. National Tax Journal, 71(4), pp.789-805.
Henrÿ, H., 2017. Co-operative principles and co-operative law across the globe. In The Oxford
Handbook of Mutual, Co-Operative, and Co-Owned Business.
Lobel, O., 2017. The gig economy & the future of employment and labor law. USFL Rev., 51,
p.51.
Moktadir and et. al., 2020. Critical success factors for a circular economy: Implications for
business strategy and the environment. Business strategy and the environment, 29(8),
pp.3611-3635.
Plump, C.M. and LaRosa, J., 2017. Using Kahoot! in the classroom to create engagement and
active learning: A game-based technology solution for eLearning novices. Management
Teaching Review, 2(2), pp.151-158.
Sánchez-Herrera, I.S. and Donate, M.J., 2019. Occupational safety and health (OSH) and
business strategy: The role of the OSH professional in Spain. Safety Science, 120,
pp.206-225.
Sneed, T., 2019. The Academic Law Library's Role in Cultivating the Rural Lawyer. SDL
Rev., 64, p.213.
Sun, X and et. al., 2018. Detecting users’ anomalous emotion using social media for business
intelligence. Journal of Computational Science, 25, pp.193-200.
Zeng, J.S., 2019. Regulating draconian takeover defenses with soft law: empirical evidence from
event studies in China. European Business Organization Law Review, 20(4), pp.823-
854.

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