Business Law: UK Legal System, Business Impact and ADR Analysis

This report delves into the realm of business law, examining its sources, including primary and secondary sources like case law, legislation, and legal encyclopedias. It evaluates the effectiveness of the UK legal system, considering recent reforms and developments. The report elucidates the government's role in law-making, distinguishing between statutory and common law and illustrating their application in justice courts. Furthermore, it provides specific examples to showcase how company, employment, and contract law impact businesses. It also differentiates between legislation, regulations, and standards to analyze their effects on business operations. The report explores the legal formation of different business organizations, comparing the advantages and disadvantages of unincorporated and incorporated structures. The report also covers alternate dispute resolution systems and provides legal solutions to case problems, offering justifications and comparing the effectiveness of different recommendations.

Business Law

INTRODUCTION...........................................................................................................................4
PART 1............................................................................................................................................4
Explain different sources of law..................................................................................................4
Evaluate the effectiveness of the legal system in terms of recent reforms and developments....5
Explain the role of government in law-making and how statutory and common law is applied
in the justice courts......................................................................................................................5
Using specific examples illustrate how company, employment and contract law has a potential
impact upon business...................................................................................................................6
Differentiate between legislation, regulations and standards to analyze potential impact upon
business........................................................................................................................................7
Explain how different types of business organizations are legally formed.................................8
Various advantages and disadvantages of unincorporated and incorporated business
organization.................................................................................................................................9
PART 2..........................................................................................................................................10
Alternate dispute resolution system...........................................................................................10
1. Brief overview of Contract law, employment law, Company law, etc...............................10
2. Salient legal points of each case.........................................................................................11
3. Suggest an appropriate legal solution to each of the problems..........................................11
4. Provide justification for the advice and solution given;........................................................11
5. Compare & contrast the effectiveness of these recommendations given in your
presentation................................................................................................................................11
6. 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 is those provisions which are applicable within the formation of business
organization. Under these laws different kind of rules and regulations is been covered which acts
as those kind of rules through which various processes within an organization is been done in
appropriate manner. This is helpful for running of business by applying these laws in
management through which buying and selling of goods or services is done. Scope of such laws
is wider as they impact functioning of organization in more effective manner. Nature is dynamic
as it deals upon those kind of rules which has been formed in order to makes organization
achieve goals and objectives with more efficiency. Further the file covers about sources of law,
role of government in law making, various business organizations with management, funds and
in the end ADR is been covered with appropriate example.
PART 1
Explain different sources of law
English legal system is that kind of legal system which is based upon those laws and rules
through which governing is done of laws which has been formed within UK. Precise knowledge
of law requires to be gained over appropriate applications gathered within the help of two major
kinds of resources which has been explained as follows:
Primary sources: The source is been used in order to make original content formed
about laws amended or used. Such sources explained as follows: Case law: Under it judgment is been passed in relation to facts, issues, decision and legal
principle which makes determination through forming report. In UK common law
principle is been followed which gives judges power to form laws in case when an law
formed is violating fundamental rights of individual within society.
 Legislation: In this two major house are there names of these house are House of Lords
and House of Commons within which discussion about presented bill which has to be
made law is done. Under it every detail is been covered about bill.
Secondary sources: Such sources is based upon second hand information that is been
extracted with interpretation upon information which has been done by various scholars and
judges. Further such sources explained as follows: Legal encyclopedia: This is one of the most important kind of secondary source which
helps in finding about meaning of the words that is been used within case filed within
courts.

 Parliamentary and non-parliamentary publications: In this source command is been
prepared with debts of both house of parliament and is been reported over preparing of
government’s department or agency. Law commission: This commission has been formed by Unite Kingdom government
which is been used for carrying out activities related to law and amendments required to
be done within them. Judgment passed by them should not be biased in nature.
 Textbooks: These are those kinds of sources which is been used by law students over
understanding the concept of laws present within UK. In this language and interpretation
makes students study about laws in more effective manner.
Evaluate the effectiveness of the legal system in terms of recent reforms and
developments
English legal system is based upon various kinds of laws which are been formed as per
the situations existing within United Kingdom. Further the system contains various kinds of
loopholes that makes is not compatible with modern laws. In the existing legal system various
kinds if complex process is included which makes it very rigid in nature. Under it various kinds
of legal provisions takes place through this co-ordination is developed within legal system of
UK. Further changes take place through this modernization is not been done within laws in
appropriate way which makes it more effective in nature. So, it has been observed that
significant changes should take place which removes complexity from legal process of an
country.
Explain the role of government in law-making and how statutory and common law is
applied in the justice courts
Government is the highest authority related to policy formation through which betterment
of people living within society is taken care. Also with this laws become more effective through
governing individuals living in a country. Role of government in law making has been explained
as follows:
Executive role: Role of executive in forming of law within UK is that policies formed
should be applied within society without disturbing peace within it. Also laws applied should be
strict over controlling of crimes within UK (Xiao, 2019).
Legislative role: In these role different laws is been formed which is enacted over
presenting in the formation of bill within parliament. In this two house are there that is House of
Commons and Lords plays important role while presenting bill that is passed over governing
rights of people living within UK.

Judiciary role: In this judiciary has very important role to play within law formation as
jurisdiction is been given to them. Judges passes judgments which make result obtained by
helping over cases. Result which helps in building various courts so that all delays related to case
is been avoided. In these members of government mentioned within the panel of government.
Further there are two types of laws which is been applied in the court that is statutory and
common laws. These laws is been separated over jurisdiction over entertaining cases through
working upon individual code and pattern. Explanation has been done as follows:
Common law: These laws are the laws that have been used over making judgment on the
basis of case or issue of facts. Such judgment becomes landmark cases which have been passed
for future reference also. Judgment formed is based upon these cases make new laws formed in
more effective manner. This is needed for the process of law formation with same situation. This
is known as common law process. It is applied in courts through analyzing cases and facts in
relation to subsequent decision. Further common law is basic of law formation in UK (Wial,
2018).
Statutory law: It refers to principles and rules of law which are made with a view to
govern rights of citizens living in a country. These are available in written form by the legislative
body. It follows a fixed procedure of passing the bill in the parliament in which it is transformed
into an act which is made applicable across the country. It is the fundamental structure of legal
system on which number of statutes is established. It is a declaration by the government that
every individual has to comply with it and judgment is made considering the future cases.
Using specific examples illustrate how company, employment and contract law has a
potential impact upon business
UK government has implemented different laws for regulating business organization.
These legislations may have potential impact upon the business which is as follows:
 Employment law: Human resources are the one of the most needed resources for an
organization whose rights should be protected. This can be done by complying with
various laws enacted for protecting their rights. An employee feel safe and secured to
work in a firm or corporate who follow applicable legislation in true spirit. The laws that
are applicable upon a business can range from Employment Act, 2002, Equality Act,
2010, laws and rules related to health and safety (McKendrick, 2014). Non-compliance
can result in high employee turnover. For example, an employee has been hit by his
manager out of rage, in this case the employee can file a case against the concerned
person as well as the company.

 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. These are a required part in every organizations because
every transactions is regulated by terms and conditions mentioned in the contract. UK
government has not enacted a separate legislation for this purpose, instead these are
governed by Sale and Supply of Goods Act. 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 (Trad and Kalpić,
2019).
 Law of Torts: These are those laws within which common law jurisdiction is there as per
civil law. Such laws causes claimant over suffering loss or harm which result within legal
liability over persons committing tortuous act. In this intentional infliction of emotion
distress, negligence, injuries and battery is been covered. Tort law includes claims over
action which seeks over obtaining private civil remedies in this money is given in the
form of damages. These laws are basically based over civil laws and deals upon civil
wrongs taking place within society. Law of tort makes contract laws providing of civil
remedies. Under laws of tort breach of duty is been deal upon.
 Copyright laws: Such laws are the laws that is based upon protecting of work that is
been done by author in order to protect originality of work. These laws covered within
intellectual property rights which basically protect intellect of an individual.
Differentiate between legislation, regulations and standards to analyze potential impact
upon business
Legislation: In this government makes passing bill within parliament that becomes act
over receiving Queens’s assent. Under it various kinds of amendments is been formed which is
applicable within country of UK. House of Lords and House of Commons present bills in the
Parliament by making deep discussion upon bill in order to make them permanent law. These
can be made by state government or federal and is compulsory to follow (Salimbene, 2017).
Regulations: These are that kind of detail instruction which helps in ensuring and
enforcing of laws in more effective manner. In this original laws is been applied in relation to
existing legal provisions. An organization applied is mandatory within an organization.
Standard: In this various kinds rules and guidelines is been formed by an organization
which is been over making product and services. In this implementation by government makes
minimum criteria of an organization maintained with quality of product and services.

Explain how different types of business organizations are legally formed
Business organizations are those organizations which is dependent over needs in order to
establish a particular business. Under it small, medium and large business that has been
explained as follows:
 Sole proprietorship: These are that kind of organization which has been formed by one
person who owns responsibility for working and process of an organization. The person
running business is known as sole proprietor or owner. In this liability of debts and
profits is been kept by sole proprietor (Keay and et. al., 2020).
 Partnership: Under such kind of business two or more than two persons comes with
common motive of earning profit. In this liability of an organization is been hold by
partners which makes management and controlled within better way. This makes partners
distribute profit and loss among them-selves. For making partnership organization over
legal documentation through supporting total contribution amount done.
 Joint Venture: Under such kind of business organization two organization comes
together over completing of specified project through making proper agreement over
liability that is distributed accordingly.
 Limited liability company: Such kind of business cover major benefits within retable in
tax payment. Limited liability of owner and partners within working environment of an
organization. This is hybrid organization which includes corporation and partnership
which is been made.
 Corporation: Under it main purpose of an organization is been provided over making
benefit which is suitable services and product customer. For running of business huge
amount of capital is been required over setting of time.
 There are certain ways within which funds is been raised within organizations
mentioned above. Modes of funds has been explained as follows:
a. By issuing new share
b. Provision of Bonds, Denture can be made.
c. The best suitable is related with raising monetary funds through debt methods
d. Loans from various private and government financial institution.

Various advantages and disadvantages of unincorporated and incorporated business
organization.
Incorporate Organization: These are those organizations within which personal legal
existence is been seen over the part of a contract. This is one of the safest and secured forms of
doing business which makes fund raising easy.
Advantages:
 Organization faces right of perpetual sequence.
 Major advantages are very easy to sue and help in making suit filed for such kind of
business.
Disadvantage:
 It is not easy for disclosing any business once it has been incorporated.
 For setting of such business more time and money is required.
Unincorporated Organization: Under such organization various operation and events
is been executed in order to make of earn profit. In this man benefit over business organization is
that they are not legal tax payer as company do not exists within the eyes of law. Also arranging
fund is not easy for such organizations (Haggard and Haggard, 2018).
Advantages:
 It is not mandatory to fill the annual accounts.
 These types of business have lower cost of compliance.
Disadvantage:
 There is no legal and authentic contract as company do not have any time.
There is a major difference among incorporate and unincorporated businesses that are discussed
below:
Incorporated Association:
 Name and address must be decided and attested properly.
 Particular shareholder and manager are nominated for these businesses.
 Must issue “Memorandum of Association”
 Must take approval for each stakeholder and designed the Article of Association.
 Responsible person must forward the Standard Industrial classification to companies
House (Greenleaf, 2018).

 The main sources of raising funds is taking loan from bank, issue of bonds, share etc.
Unincorporated Association:
 Must set the actual objective of business.
 Make a valid contract when there are two or more partner.
 In this association liabilities are not limited so it is essential to consider amount of share.
 There are various sources of raising funds in this kind of association such as bank loans,
capital, raising funds for private money lender (Zimmermann, 2012).
Some major advantages and disadvantage of companies over partnership firm are defined below:
Advantages:
 Company have the major benefit of enjoying the right of perpetual succession while
partnership companies have major problems related to changes.
 In partnership firm it is not as much easy to raise funds as compared to company.
Company have limited liabilities and in partnership entity the member have equal liability
(García-Álvarez and et. al,, 2018).
Disadvantage:
 It is not easy to form a company while partnership firm easily gets developed.
 In context of company the decision-making process requires huge funds on the other side
it is easy to make meaningful decision in partnership firm.
PART 2
Alternate dispute resolution system
1. Brief overview of Contract law, employment law, Company law, etc.
Contract laws are the laws which is bee used in order to for agreement within two or
more than two parties. These laws help in forming of agreement and made them turn into
contract which is enforceable within the eyes of law. Certain elements is been used in order to
makes contract more concrete in nature.
Employment laws are those laws with is based upon Human rights and right given to
employees. These laws make sure that such laws are not violating employee’s right. Also it helps
in forming of traparties relationship between employer and employee. Under these laws various
kinds of things related to employees work is been covered.

Company law are the laws which helps in moderating of organization which has been
formed. Also further these laws makes sure that all organization is been performing there work
and directors are follows duties in more effective manner (Ershova, I.V and et. al., 2019)
2. Salient legal points of each case
Case 1: This case is based upon Gordan whicb is working within an organization and due
to loss been faced by the organization it is not able to pay salary to its employees. For this
purpose Fred asks Gordon that he would not be getting salary for 2016. Now Advise Gordon
whether he can obtain his wages for 2017, and also whether he would have any claim for the
wages he agreed not to accept in the year 2015 and 2016.
Case 2: In this Jennet asks Virgin median for setting up network. In this network was set
but phone was not set-up. Analyze the legal position of the service provider (Virgin Media) and
the consumer (Janet) on the basis of your understanding on the various elements of contract law.
Case 3: In this case discuss the different options available to your client to avoid
compulsory winding up.
3. Suggest an appropriate legal solution to each of the problems
Case 1: Contract law is been applied with employment law as agreement formed between parties
is valid. As per the contract signed for 2016 salary it cannot be availed by Gordon but can take
2017 salary (Chin and et. al., 2020).
Case 2: In this case Jennet is the offeror and Virgin media is acceptor.
Case 3: Company law is applied and winding up can be stopped only when all its debts is been
paid.
4. Provide justification for the advice and solution given;
These advices is based upon the condition which is present within case scenario and is
valid as per laws to be use within it.
5. Compare & contrast the effectiveness of these recommendations given in your
presentation
Also in order to solve these disputes Alternate dispute resolution can be solved with more
effeicency.

6. Critically and evaluate the use of the appropriate legal solutions suggested in
comparison with alternative legal advice
This is legal solution which is related to those remedies that is used for solving f matter
outside the court. Under it conflict that has taken place within an organization or two parties and
they are willing to have legal solution for it without going to court. For this purpose Alternate
Dispute Resolution has been used by them. There few processes which is covered within this
system that has been explained as follows:
Negotiation: Under this both parties willing to end the dispute with each other in direct
manner within joint form which makes dispute comes to conclusion. Further in this an negotiator
is been hired for managing matter with mutual consideration. Through this adjustment is been
done over existing term and condition that exists in relation to future of sustainability within both
Mediation: In this method third party is been engaged for making a dispute come to end
and provide assistance over it. The parties at dispute are willing to come conclusion with the help
of negotiation. Mediators organizes meeting between parties and makes them come to common
point of acceptance. It is been applied only when negotiation fails and then mediator tries over
helping party in providing solution with satisfaction to both parties. Further mediator helps in
stating right guidance. In this corporation between parties is been developed which help in
making solution to be stable( Adno, 2020).
Conciliation: This method is been selected over different courts. In this voluntary flexibility is
been developed. Under it conciliator is been hired that is an third party. It makes differences
between mediation and conciliation. Also coordination holds right over parties for providing
them over non –binding settlement with proposal. Public proceedings are dealt through this
method.
Arbitration: This method is the last way for resolving any dispute due to its features which are
suitable to every situation. In this solution, a person is appointed with the mutual consent of both
the parties who is responsible for hearing them in order to find out a solution which will be
applicable for settling the dispute.
CONCLUSION
From the above discussion it can be concluded that business laws are the laws that has
been used in order to form an business organization in more organized manner. Further the file
covers about sources of law, role of government in law making UK. Then about various kinds of
organizations with their advantages and disadvantages. In the end ADR has been explained with
company, employment and contract law.

REFRENCES
Books and journals
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Chin, S.F and et. al., 2020. Developement of Legal Opinion Practice as Reflected in The
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ICT (pp. 145-152). Springer, Cham.
García-Álvarez, M.T., Pineiro-Villaverde, G. and Varela-Candamio, L., 2018, March. Proposal
of a knowledge management model and virtual educational environment in the degree of
law-business. In World Conference on Information Systems and Technologies (pp. 1275-
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Coverage in Asian Data Protection Laws. In Session II Materials, Asian Business Law
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Salimbene, F.P., 2017. Using Moot Court Simulations as Teaching Tools: An Implementation
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Trad, A. and Kalpić, D., 2019. The Business Transformation Framework and its Business
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Xiao, L.Y., 2019. A primer on the legal regulation of loot boxes: history, business, psychology,
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