Business Law: Sources, Organizations, Disputes - Module Report

This report provides a comprehensive overview of business law, examining various sources of law such as common law, legislation, and commissions, and their roles in shaping the legal landscape. It delves into the government's role in law-making, including the functions of the executive, legislative, and judiciary branches, as well as the applicability of common and statutory laws. The report further analyzes the impact of company, contract, and employment law on business organizations, using examples to illustrate their practical implications. It differentiates between legislation, regulation, and standards, providing a critical evaluation of the UK legal system. Additionally, the report explores different types of business organizations, their formation, and management, along with funding mechanisms, including their advantages and disadvantages. Finally, it recommends legal solutions for resolving a range of disputes, offering insights into obtaining legal advice and support, and evaluating the effectiveness of these solutions.

BUSINESS LAW

TASK 1............................................................................................................................................3
P1 Explain different sources of law.............................................................................................3
P2 Role of government in law making and applicability of common, statutory laws in court. . .4
M1. Evaluate legal system in terms of new reforms taking place in society...............................5
TASK 2............................................................................................................................................5
P3 Using examples illustrate hoe company, contract and employment law creates potential
impact in an business organization..............................................................................................5
M2. Difference between legislation, regulation and standard.....................................................6
D1. Critical evaluation of legal system of law............................................................................6
TASK 3............................................................................................................................................7
P4. Different types of business organization their formation and management..........................7
P5 Funding of various organization with advantages and disadvantages....................................8
TASK 4..........................................................................................................................................10
P6. Recommend legal solutions for resolving a range of disputes using examples to
demonstrate how a party might obtain legal advice and support...............................................10
M4. Compare and contrast different sources for legal advice and support for dispute resolution
...................................................................................................................................................11
D3. Evaluate the effectiveness of legal solution, legal advice and support for dispute resolution
...................................................................................................................................................11
CONCLUSION..............................................................................................................................12
REFRENCES.................................................................................................................................13

INTRODUCTION
Business law are that part of law which deals with problems and issues which has an
impact upon corporate businesses. These laws consists of an concrete structure which provides a
framework which is very important for the formation of business organizations. Such rules and
regulations also lead towards achieving oh goals and objective of business organizations. That is
why these laws are also known as corporate or mercantile law. Laws of this type cover a major
aspect that is related to establishment of business organization. Nature of these laws are very
dynamic because it can influence operations of business in various manner. In this file sources of
law is going to be explained, formation with advantages and disadvantage of various
organization is going to be covered. Then statutory and common law has to be explained. Lastly
ADR and various method is going to be explained with examples.
TASK 1
P1 Explain different sources of law
One of the most important element that is necessary to bring peace within an organization
and society is law(Rana, 2017). Law is the most powerful key of maintaining of peace within
society. Laws are related to all kind of aspects that impacts society and people living in it. Laws
are formed through various basic things which are known as sources. These are an important
ingredient which has helped government in making concrete laws to control crime. These
sources are being explained as follows:
Common Law: This is considered to be one of the most important sources of law. In this the
judgement passed by judges are included regarding an landmark case. These are being compiled
under a report known as law report also this covers all facts, other important things related to
business. These can be later on used to give judgment under similar circumstances.
Legislation: This source is very useful as they are amendments that have been formed by using
proper procedure and having complete discussion in parliament. In parliament there are two type
of houses. Both these houses involves in a debate over the draft of law presented in front of
them.

Commission: Such kind of team is formed with the help of both judiciary and government to
analyze the effect of law newly formed over the society. This commission is there to give an
report over the loopholes existing within a law and weakness within its implementation. Also
suggestion is give to tackle loopholes. The report is submitted to an higher official of
government.
P2 Role of government in law making and applicability of common, statutory laws in court
Government is a very important element that plays major role in formation of law and all
regulations related to it. It is the duty of the government to see that weather laws are
implemented in appropriate way or not. It has three main parts to deal with laws and they are
explained as follows:
Executive Role: These are very important part in forming of law and policies related to
it. Laws are required to be enforced and such enforcement has been done by executives only. In
this all cabinet minister is part of it including Prime Minister.
Legislative role: According to various kinds of laws that has been enacted is related to
all kinds of aspects which is present in society. A bill is made and presented in House of Lords
and in House Of Commons. Role of legislative to have a deep discussion over the bill and then
sending it further fro Royal assent to become permanent law (Ngai and et. al., 2018).
Judiciary role: This has a very important role to play in a legal system as it passes
judgments which create impact over applicability of law and can also cover loopholes of any law
having in it. Also these judgments passed by judges can also become base for judgment in future
regarding similar kind of case.
Common Law: Under these type of laws judgments are there that has been passed by
judges and in this laws judges passes the judgment only after analyzing of facts in proper
manner. On basis of this judgment being passed by the judges has also covered the loophole that
is barding process of justice. Also new laws are not required to be formed as inspiration can be
taken from these judgments to solve the issues. This also helps in promoting of transparency in
judicial system.

Statutory law: They are concrete form of laws which are being formed by government
only after proper discussion over it within the parliament. These can be amended only through
procedure. It is important to protect rights of citizens in a country. All these are written in from
and at first a bill or a draft is presented that have to be made laws. Such laws are applicable in
every case as many statues are formed using it. Such laws are of concrete in nature and
judgments given is considering that cases further going to happen(Manesh, 2016).
M1. Evaluate legal system in terms of new reforms taking place in society
Legal system of UK has evolved from time to time. Laws of various types have been formed
regarding various aspects of society. These changes have brought legal system of UK into and
have given concrete frame to it. Still lot of lacking is there in the legal system of UK which
makes it little inferior in comparison to modern laws. All of this is result of complex nature and
rigidity in laws. Due to this only deficiency has been there in applicability of laws in proper
manner.
TASK 2
P3 Using examples illustrate hoe company, contract and employment law creates potential
impact in an business organization
Various laws are being formed through UK government which is regarding of business
organization and there formation. These are very important organization from view point that all
elements present in it are related to financial activities. A strong frame has been prepared to
provide legality in it. Some of these laws have been explained as follows:
Company law: These are that kind of laws which are formed to deal with problems that
is related to corporate world. This law is such strong in nature that they give proper prescribed
rules and regulation of forming of companies of various kinds. These laws are required the
company to make Article of Association and Memorandum of Association. This can be
understood through an example that is AWQ Ltd is raising its fund in order to utilize the fund for
expansion of business. Company has failed to do so and instead use the money for other purpose.
In this situation case can be filed against the company under Companies Act 2006 (Law and
Perryman, 2017).

Employment law: Human resources is considered to be one of the most important part
of an organization due to their ability to perform functions and operations. An employment laws
are those laws which are being formed in order to protect the employees from getting exploited
due to any reason. This can be understood through this example Roan is an employee and has
been insulted by his boss R regarding his color. Roan can launch the case against his boss under
harassment at workplace.
Contract law: These laws are there that has been formed to give rise to an agreement
within two organizations. Also under this law contract has been created has legal value in the
eyes of law. Rules in this agreement are bound to be followed by both the parties. For example
HJK Ltd is an company which has signed an agreement within another company WER ltd to
supply them raw materials. Company HJK did not do so. In such condition case can be filed and
contract can be revoked.
M2. Difference between legislation, regulation and standard
Legislation : These are the laws that a had been formed within the parliament and has
been made by government of the country. Such draft can only become law after getting Queen’s
Assent. All such laws are applicable all over UK. This is mandatory to be followed by all people
living in society. These are concrete form of laws.
Regulations: They are those type of instruction that can be issued by the company to
ensure proper enforcement of legislation according to the set-up by the country.Also
administrative rules are ensured. It is considered to be original form of law that is applicable as
per existing law provisions.
Standard: These are those types of guidelines that has been issued for selling of product
and services. It is also used to implementation that has been done by the government to see
proper service that has been given in form of product and services.
D1. Critical evaluation of legal system of law
Legal system of a UK is required to be improved as it has lot of loopholes which has to
be covered and strong provision is required to gain strength in providing justice. System of

justice is also required to be made less complex. Also many rules and amendments are required
to be modified in order to match modern laws. A strong message is required to be given to
person violating laws in a country (Kasemsap, 2018).
TASK 3
P4. Different types of business organization their formation and management
Business organization are formed depending upon their nature and it depends upon there
types and there are divided in to two part corporate and unincorporated. Both these are different
from each other. These have been explained bellow as follows:
Unincorporated businesses: In such business organization complexity of formation is
not there and neither time is taken by them in establishing them. These organizations are formed
to earn profit
Sole Proprietorship: Such organizations have been formed in very easy manner and
process to form it is also less complex. It is the simplest form of business to do and also is run by
an individual. All the things regarding business is to be handled by the owner himself.
Registration process requires to get registered itself under HMRC and business is required to put
a name. Such type of organization does not has to face any hard procedure and can easily form
agreement under his own name. Name of the organization is only given for identifying and does
not make separate legal entity. Such organization is very popular way of doing business.
Partnership: They are that type of agreement that has been taken place between two or
more than two companies in order to form organization. Main motive of this organization is to
earn profit out of business to be done. Any kind of problem accruing under such type of
circumstances has to be solved by the partners only. Share of profit and loss is also divided
among the partners. Another way it can be said that two parties that has been required over an
agreement. In formation of such organizations as it is required. Forming of such organization
does not require any kind of registration. It has to get itself marked under HMRC in order to
make its existence legal. Management of such organizations is done through the partners
themselves(Kang, 2016).

Incorporated organization: These type of organizations are those organizations in which
procedure to form them is very lengthy and time consuming. Also these organizations are very
complex in nature. They are been explained as follows:
Private Company: These organization come under incorporated companies and are
required to be managed by directors who have been appointed. Companies that are not allowed
to be seen and shares in the market. Registration of such organizations is required to be
submitted important documents to companies house. Managing of these organizations are being
done by the directors who are running the company or authority has been passed to them. Profits
and loss has to be taken care by these directors only. Security in formation of companies is there.
Public Company: Such organization are related to public and allow buying of share to
public. This means that under these types of organization an individual can buy shares.
Managing of these organizations has been given in the hand of its shareholders who are the
owner of the organization. Organization of this type has to be registered through identification of
number of shareholders and obtaining of digital signature, identification number and address of
the headquarters is required.
P5 Funding of various organization with advantages and disadvantages
Sole proprietorship: Organization of these kind has to arrange the funds by themselves and also
has to take care of financial resources of all kind. Funds are required to be taken from family and
friends.
Advantages of sole proprietorship:
 It contains easy steps for its establishment as per the law.
 Requirement of financial resources is also very low in such organizations(Gerard, 2018).
Disadvantages of sole proprietor:
 Liability lies over owner regarding issues and debts has t be bear by the owner himself.
 Tax has to be paid in the form of self-employment.
Partnership: These organization is also very easy to form and all kind of finances are being
arranged by the partners themselves and taking loan is also an option for them.

Advantages:
 Forming of these organizations is very simple and no complex procedure is required.
 Larger resources can be arranged as lot of partners are there.
Disadvantages of partnership
 Partners are having limited liability.
 Harmony lacks as dispute can arise between partners at any point of time over small
things between partners.
Private Company: These type of organization are considered to be very trustable and can be
funded through loan from banks, equity and also from raising fund.
Advantages of Private Company are
 One of the main advantages of these organizations is separate legal entity.
 Perpetual succession is also one of the major advantages of these organizations. As it
does not impact growth of an even when a director is dead.
 It is a separate legal entity means that all it is separate from its owner(Gao, 2017).
Disadvantages of Private Company
 Registration process is very much time consuming and lengthy.
 There is lot of complexity in its procedure that makes it hard in eastablishing.
Public Company: These organizations are funded through selling of it shares and can also
take loans from various types of government organization.
Advantages of Public Company
 Shares are being issued for generating of capital and making shareholders owner of
the company.
 Financial resources can be arranged very easily.
Disadvantages of Public Company
 Shareholder and directors have separate aims. According to there expectation.

 Multi pal ownership leads to loss over control in ownership..
TASK 4
P6. Recommend legal solutions for resolving a range of disputes using examples to demonstrate
how a party might obtain legal advice and support
Legal solutions are those type of solutions in which remedies are being give under the
law. These remedies are used only when an dispute arises between two parties and they seek for
appropriate solution towards it. To solve this ADR has to be used and its various methods.
Methods like arbitration, negotiation and mediation is being used to solve disputes. Further
explanation over it is as follows:
Negotiation: In this method both the parties has to deal with each other face to face and
has to talk among themselves to solve the dispute and come to an conclusion. Solution over
dispute has been taken out through mutual understanding. For this purpose only an negotiator is
being hired. Most of the time this method has been used to solve dispute and is also very flexible
in nature. For example CBB ltd has indulge in dispute with WRT ltd over selling of its product
under its brand name. Issue of copyright arose this can be solved by a meeting between
shareholders of both the companies.
Mediation: In this method a third party is engaged for the purpose of making a meeting
happen between the parties who are into dispute. This is applied only when negotiation fails. For
example an employee name wide has been harassed by his senior at workplace and is not ready
to accept this. So, mediation can be used and a lawyer can be involved for an appropriate
solution over it.
Arbitration: In this method an arbitrator is to be hired by both the parties and then facts
of both the parties is heard. Judgment given by arbitrator is applicable upon both the parties. For
example XCV ltd had dispute with GBD ltd over payment not given. In this case arbitration can
be used to solve dispute and come to an valid result (Cebriá, 2018).

M4. Compare and contrast different sources for legal advice and support for dispute resolution
Legal advice is that kind of advice that has been given by an lawyer to his client that
helps in solving of problem and make him come to justice. Sources of gaining legal advice has
been explained as follows:
Free legal consultation: Layer has to have an direct conversation with its client and all
facts are required to be understood by him and for this no charge has to be taken by the lawyer.
Legal aid programs: Such aim has been towards legal rights of every person and has to
be heard by the court. There should be fair trial by the court.
Self-help legal aid: Certain rights are there that has been vested with an individual and
cannot be barred by any superior authority. .
D3. Evaluate the effectiveness of legal solution, legal advice and support for dispute resolution
Legal solutions are those type of remedy that has been there to solve dispute and conflicts
that has arise between parties. These are being solved through various methods like arbitration,
negotiation, conciliation and mediation. Legal advice is the formal opinion that has been given in
writing for getting justice under creation circumstances. It is done by a legal professional only.
Support that has been provided is to use dispute resolution to solve matters in prompt manner
(Boldt and et. al., 2017).
.

CONCLUSION
It can be concluded from this assignment that business law helps in forming of base that
creates and framework for an organization to establish itself. Various sources of law has been
explained with role of government in law making. Also statutory and common law has been
explained. Difference between contract, employment and company law has been explained.
Business organisation has been covered with their advantages and disadvantages. In the end
ADR has been explained through examples.