Business Law Report: English Legal System, Business and Legislation

This report provides a comprehensive overview of business law within the context of the English legal system, with a particular focus on its application to the retail sector, using Asda as a case study. The report begins by outlining the structure of the English legal system, differentiating between civil and criminal law, and discussing the role of government in law-making and implementation. It then delves into the impact of employment and contract law on business operations, emphasizing the importance of adhering to legal frameworks to protect both employees and the company. Furthermore, the report explains the process of registering a business firm, highlighting key steps and justifications. Overall, the report aims to provide a practical understanding of how legal principles govern business activities and ensure compliance within the UK framework. The report also discusses the importance of the legal system in maintaining ethical standards and protecting the rights of stakeholders.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
LO1.........................................................................................................................................1
P1. The English legal system and its effects..........................................................................1
P2. Role of government in law making and implementation of statutory and common law in
courts......................................................................................................................................3
TASK 2............................................................................................................................................4
LO2.........................................................................................................................................4
P3. Impact of employment law and contract law on the business..........................................4
TASK 3............................................................................................................................................5
LO3.........................................................................................................................................5
P4 How to register a business firm.........................................................................................5
P5 Justification.......................................................................................................................6
TASK 4............................................................................................................................................6
LO4.........................................................................................................................................6
P6. Recommendation solution based on the English legal system.........................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
The laws and legislation play a very important role in the functioning of the business in a
market. The legislation looks after the efficient operations of the company and will look after
that the organisation is following a standard set of rules and regulations that in bide them
Moreover, it makes sure that the organisation is working properly without violating the rights of
the employees and the customers (Kalyvas, 2017). The organisation taken in the consideration is
Asda, working in the retail sector. This report will cover the legal system that governs the
operations of the organisation and its various sources. Also, the role of the government in law
making has been discussed. Apart from this, various types of laws and acts will be discussed in
different scenarios and recommendations have been provided.
TASK 1
LO1
P1. The English legal system and its effects
The English legal system is the legislation that has been practised in England and Wales.
It is bifurcated into two branches: Civil law and the Criminal law along with the basic code of
conduct. It is a system of laws or rules and regulations that have been decided by the government
and the legislation and has been followed by the citizens or people of England and Wales. There
is no recorded or written law or legislation in UK, hence the legal proceedings are either based
on past jurisdiction and the laws which are being derived from the reference to the judgements.
The pleadings and the penalties are very different in regard of the Civil cases and that of the
Criminal cases (Kalyvas, 2017). The parliament decides and makes the laws whereas the
legislation will look after that these laws have been followed and implemented in a very efficient
way. Most of the legal proceedings and the rules or regulations which are been implemented in
the UK are been look after by the Royal court of law the legislation of UK is been followed in a
structured way. The most common legal structure of UK is:
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Hence, from the structure, it can be identified that there are different structural processes,
which have been taken into consideration to handle the different types of cases. These cases are
being handled under laws of following types:
 Civil Laws: The civil laws are the rules or regulations which comprises and consider the
cases related to only well-being of an individual or the society. This includes the cases
related to forgery, deceit, property, family issues, divorce, alimony, partnership etc.
These cases are needed to be taken into consideration to maintain the quality standards
and the well-being of the society which helps the country to develop better (Jones, 2017).
Also, they will look after that such cases are not occurring in the near future and to avoid
them.
 Criminal Laws: The criminal laws are being set up to look after the safety and overall
well-being of the individual as well as the society. These laws look after the cases like
murder, harassment, abuse, theft, robbery etc. The punishments and penalties are being
strict in the case of criminal laws as compared to that of civil laws (Nicholls and Buchan,
2017). Besides this, the criminal laws are being implemented and practised to safeguard
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Illustration 1: English legal system
(Source: English Law, 2017)

the people and avoid any sort of growth in the criminal activities that may create
disturbance in the society.
P2. Role of government in law making and implementation of statutory and common law in
courts
The government plays a very important role in the development of the laws or rules and
regulations in UK. As there is no recorded constitution of UK, the parliament or the government
look after the legal development procedures. The law or the act which is being meant for the
implementation is presented in the houses of the parliament where it is debated and discussed by
the parliamentary members. Once all the members agreed to it, the draft of the act is being
further sent to the legislation by the parliament for reviewing (Ortmeier, 2017). After the review
has been done, the legislation passes it as a law and is implemented by the government. Besides
this, the government will also look after the efficient implementation of these laws and acts for
the benefit of the people. The government will play a very crucial role in it by looking after that
the laws which are being implemented by the legislation are followed effectively or not. The
government will look after the defaulters and will take appropriate actions to maintain the rule of
law in country.
Apart from this, the government will see through that people have been getting benefit
from these laws. The government will take the effective measures to preserve the rights and the
duties of the citizens in UK. Besides this, the government along with the legislative council of
UK, will see through it that the effective measures have been taken to preserve the integrity of
the legislation in the country (Wilson and Pender, 2017). They will see through it that the
statutory laws like acts against murders or harassments have been strictly followed by the
legislation as they directly impact the overall well-being of an individual or the society. These
laws are meant for safeguarding the people and maintaining a decorum in the society. The
government will take a direct or indirect involvement in the occurrence of such cases and will
see through it that the victim gets the appropriate jurisdiction. Apart from this, the government
will also play a very crucial and important role in the implementation of the common laws like
traffic rules which are to be taken into consideration for our day to day and regular processes.
These laws affect our day to day life and plays a very important and crucial role in the betterment
of the society. Also, it brings a synchronisation and uniformity in the society. Besides this, the
implementation of these laws helps the legislation as well as the government to maintain a better
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facility in the country (Olivares-Caminal, and et.al., 2017). It helps the citizens too in efficiently
functioning their operations. The government regulates the execution of the legal processes and
proceedings in a very effective and efficient manner.
TASK 2
LO2
P3. Impact of employment law and contract law on the business
The laws play a very important role in the operations of the businesses. The legislation or
the rules and regulations have been implemented to improve the functioning of the business firm
like Asda. The laws which have been decided by the government, legislation and the trade
unions should be abide by the company. The employment laws will play a very important part in
the operations of the company as it will regulate the rights of the employee’s working at Asda.
Besides this, it will help the company to avoid the costly employment processes and the cases
which can affect the company (Jones, 2017). It will look after that no employee has been
discriminated on the basis of gender, religion or nationality and there is a fair treatment among
all the employees. Apart from this, it will also help the employer firm to recruit a clean and sober
employee and to avoid any occurrence of severe cases of bullying or harassment at the work
place. Apart from this, it will also help the employee to develop a better trust level towards the
company by providing a better understanding of their rights and duties. It will also help the
business firm like Asda to improve the safety standards at the workplace and ensuring a better
safety measures to be taken for the employees. Also, it will help the company to build better
bonds with its employees and provide employees to form any sort of union at the company.
Other than this, the employment laws will help the company to regulate the better functioning of
the employees and deciding a better pay scale for them.
Likewise, the Contract Law has a very important part in conducting the operations of the
company like Asda. Large business firms usually work in partnerships which is based on a form
of contract between two or more involving parties. Other than this, on the organisational level
too, there have been many sorts of contracts that are been carried out between the employee and
the employer. A contract is basically an agreement in which two or more concerning parties
come together and share their resources and information with each other. Apart from this, the
contract law also helps the business firm like Asda to develop better relations with its
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stakeholders as well as the employees. The contract law is covered under the section of Civil
Law of the British constitution. This helps the company to take the efficient legal measures in
case of any sort of violation (Kalyvas, 2017). Also, the contract law will help the company like
Asda to carry out their trade relation in a transparent and effective environment. Even if an issue
arises, the company can refer to the contract that has been taken into use between Asda and its
business partners to carry out the trade and meet their profitability goals.
TASK 3
LO3
P4 How to register a business firm.
The registration of a business firm is very crucial and task extensive process for an
organization. The registered firm will be working in an effective and better way to meet the
needs and demands of their clients and stakeholders. This is required to be handled in an
effective and significant manner in order to handle the business operations in a very crucial and
effective and significant manner. Some major steps that are been taken in the consideration for
registering of EBSM is as follows:
 Setting up the firm: Prior to registration, the organisation is required to be set up in the
market. It should own its finance, has work force and abler to make sufficient profit. It
will involve the choosing of companies name, address, employee's etc.
 Getting shareholders: the company will look after the better share holders who will help
the cited firm to grow ad expand its business operations in a better and effective way. The
stake holders will help the firm to get the vital resources that are essential for the
development of business firm.
 Filing memorandum and article of association: Once the company is been set in the
market, the firm will then file the memorandum under the article of association to get
registered in the market as per the rule of law. This will help the business organisation to
get a sustainability.
 Registering the business firm: once the memorandum is been filed, the firm can now
register the company through an agent and giving the registration fee that is been charged
by the registration department. The firm will be issued with a certificate of incorporation.
This will provide the company with a legal trade licence to carry out its business in
market.
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 Registration for corporation tax: the company then can register for the appropriate
taxation using Unique taxpayer reference (UTR). It will help the firm to have the better
control over its revenue and the profit generation. It will help the firm to pay the taxes on
an adequate amount of operational revenue generation.
P5 Justification
Thus, it can be said that the registration of firm like EBSM will help the organisation to
gain a better sustainability and capacity to effectively handle the business operations. It will also
help the business firm to meet the operational requirements of the organisation and gain a better
support of its stake holders. Besides this, it will also help the company to prevent any sort of
legal issue related to verification or validation of business practices that are been performed by
cited business entity.
Besides this, the directors and other employee's of the cited firm will play a very crucial
role that will help the firm to handler the business operations of the company. They will look
after all the pre and post registration processes and will see through the effective handling of
different business operations and issues to get their effective resolution. Besides this, it will help
the company to meet the operational requirements and expectations of their stake holders, to gain
a better sustainability and handle the organisational function.
TASK 4
LO4
P6. Recommendation solution based on the English legal system
With the passage of time, the legal system has to be taken into consideration the changes
which occurs in the environment. With the rise of the trade relations and businesses on a global
scale, the legal system is now susceptible to new and advance law challenges which are needed
to be taken into the consideration and meeting the newer amendments and changes in the legal
system. The growth of the competition on the wider scale and meeting the requirement of the
people is the biggest challenging factor for the company (Yeoh, 2017). Apart from this, the
increase in the fees of attorney's and the higher expense of the jurisdiction has evolved as a major
factor that has to be taken into consideration by the English legal system for improving the
quality of the legislation in UK. Besides this, the inability of the British legal system to provide
the timely jurisdiction can be an effecting reason that is required to be eradicated to meet the
requirement of the citizens.
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Besides this, the process of Alternative dispute resolution will be tackle in the
consideration by the business organisation that will have a very deep and crucial impact on the
rectification of any sort of legal issue or disputer without the interference of legal system. It uses
the various measures like Arbitration, Mediation etc. The Process or arbitration is the most
popular and widely used method of ADR. It involves the third person known as Arbitrator, who
will look after the pleadings from both sides and will give the appropriate resolution to the
problem.
This approach is better alternative to the legal system for the firms when they want to
maintain the business relationships with each other and in need of saving the time money and
effort that is been implemented in the legal proceedings.
CONCLUSION
Thus, from the report, it can be concluded that the laws which are been determined and
regulated by the English legal system is very important to carry out the trade in the UK. The
report covers the importance of various laws and rules that are been set up for efficient running
of business of retail firm, Asda. Also, the report covered various legal issues that are been faced
by the company and their solution. Besides this, report also provide the efficient
recommendations that can be adopted by the legislation.
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REFERENCES
Books and Journals
Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2017, Business law and the legal environment.
Cengage Learning.
Esser, I.M., MacNeil, I. and Chalaczkiewicz-Ladna, K., 2017. Engaging stakeholders in
corporate decision-making through strategic reporting: an empirical study of FTSE 100
companies.
Jones, L., 2017. Introduction to business law.
Kalyvas, S.N., 2017. Civil wars. In The Oxford handbook of comparative politics.
Kraakman, R., and et.al., 2017. The anatomy of corporate law: a comparative and functional
approach.
Nicholls, R. and Buchan, J., 2017. The Law of Unintended Consequences: The Effects of
Voiding Ipso Facto Clauses in Business Format Franchise Agreements. AUSTRALIAN
BUSINESS LAW REVIEW. 45(6). pp.433-447.
Olivares-Caminal, R., and et.al., 2017. Michael, Bryane & Goo, Say, What Does Corporate
Governance Regulation in Hong Kong Teach Us About Incremental Legal Change?,
89. Business Law Review. pp.250.
Ortmeier, P.J., 2017. Introduction to Security.
Wilson, J. and Pender, K., 2017. Employment law: Risky business: The legal hazards
elationships in the workplace. Ethos: Official Publication of the Law Society of the
Australian Capital Territory. 245. pp.20.
Yeoh, P., 2017. Risk Issues in Global Supply Chain Management. Business Law Review. 38(3).
pp.80-88.
Online
English Law, 2017. [Online] Available through
<https://law.duke.edu/lib/researchguides/english/>
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