Business Law Assignment: UK Legal Framework, Contracts, and Disputes

This business law assignment explores various facets of the UK legal system relevant to businesses. It begins by outlining the different sources of law that business organizations in the United Kingdom must adhere to, including Acts of Parliament, European Union Law (before Brexit), and common la...Read More

BUSINESS LAW

Table of Contents
INTRODUCTIION..........................................................................................................................3
TASK 1............................................................................................................................................3
Explain different sources of law and laws that business organizations trading in United
Kingdom must comply with........................................................................................................3
Explain the structure of the courts systems and the role of the judiciary....................................4
TASK 2............................................................................................................................................6
Explain the duties of employer and employees under the employment of contract with
examples and legal precedents.....................................................................................................6
TASK 3............................................................................................................................................7
Explain this statement "Not all agreements are contracts"..........................................................7
Advise the Parties to resolve the problem...................................................................................7
Corporations aggregate under the Companies Act 2006 are classified according to their mode
of creation namely (1) by charter, (2) by. Statute and (3) by registration. Explain each with
examples......................................................................................................................................8
TASK 4............................................................................................................................................9
Explain the meaning and role Alternative Dispute Resolutions with examples..........................9
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTIION
Business law is explained as law which has its own guidelines for commercial sector which
plays crucial in the uplifting economic level of nation. It has a wider concept due to which it has
been further different into number of laws such as company law, contract law and many more.
The major thing which this law wants to explain is that how work is needed to be done in current
manner. This respective assignment will discuss about different sources law which trading sector
must follow along with this procedure of court will be discussed. Duties of employer and
employee as per the employment contract will be explained. Some of the important terms related
to contract law and company will have a crucial role within the file and finally process of ADR
will discussed in detail.
TASK 1
Explain different sources of law and laws that business organizations trading in United Kingdom
must comply with.
In present scenario, there number of business organisation which has been performing it
business activity for the purpose of accomplishing goals. In between, there are some of the
important terms which are needed to be understood such as how law is required to be followed
so that problem will not occur in any of the circumstances. For this some of the sources has been
classified which has been commencing laws and regulations within the premises of UK. Those
sources are explained below:
 Act of Parliament: This is among the sources in UK which has been taking the major
responsibility for managing every single work on a daily basis. It is necessary for any of
the entity that whenever Parliament commences the law it is applicable from immediate
effect and it must be followed. It is mandatory to be followed in any of the circumstances
and if they fail to do so then certain charges are imposed (Alfawaer, 2017).
 European Union Law: There are multiple number of law for commercial sector which
has been commenced by European Union but after the effect Brexit this body is not allow
to commence any of the law within the premises of UK. There laws are effective and
even those laws and regulation helped business entity to enter into new market of UK
through which goals can be accomplished easily.

 Common law: This is also among one of the body of UK which has been authorised to
commence law for commercial sector and those laws and regulations have been effective
too in accomplishing the goals on specific time period. When any of the other sources fail
to commence specific guidelines then member of common law inspect the situation and
according to that they try to prepare guidelines for declaring the result.
These are some of the most important sources in UK which has been forming law for the
premises of UK and it is the reason that each and every business organisation is able to do
effective for attaining their goals.
Explain the structure of the courts systems and the role of the judiciary
It is necessary to understand that court is one of the most important area which can allow to
resolve different nature of problem and that plays crucial role in current scenario. The court of
UK is based on two different systems where one handles the case related to civil litigation and
another one is commenced for dealing with the cases related with criminal proceeding. There are
mainly five different types of stages within the court and they are Magistrate court as well as
Tribunals Services. Along with his Crown Court add County Court is included in it (Bodansky,
2016). The third stages in court system High Court and fourth stage is Court of Appeal. Also, the
final stage of court is Supreme Court. In this particular stage, the main role is being played by the
government i.e., House of Lords who has the supreme power in current scenario. In case of Civil
litigation, mainly penalty is imposed upon defaulter and but in the case of Criminal case,
sentence and penalty, both can be imposed.

Figure 1: Structure of Court
(Source: UK Court Structure, 2020)
Role of Judiciary: In any of the nation, judiciary has the important role where they mainly
take decision about right and wrong. Judiciary body ensure that if any of the people fails to
follow laws and regulations then legal penalty can be imposed upon them. Different types of

cases are being solved by judiciary on a daily basis where suitable decision must be declared.
But, the another thing which is required to be considered in it should be based on statutory law.
TASK 2
Explain the duties of employer and employees under the employment of contract with examples
and legal precedents.
It is necessary to understand that employment law is that law which governs the relation
between employer and employee. In this relation, there are number of terms and condition which
are implied by court and even some of them are there which has been formed contract parties
themselves (Endicott, 2016). The reason to include this terms are very simple as to ensure that
targets are being completed. In contract term, mainly duties are included which allows the
employee to determine that what they are required do and what they must not do. Below, there
are some of the duties of employer and employees are mentioned which is based on employment
contract.
Duties of Employee as per employment of contract
 It is necessary to understand that any of the employee should follow the law and
regulation, proper attendance should be there and those should be based on guidelines of
law.
 In any of the circumstances, employee should not take any of those decision due to which
confidential information get leaked. It is because that confidential information directly
allows the organisation to accomplish their target.
 Notice of resignation is required to be given by employee to respective organisation so
that organisation get chance to find replacement within the specific time period.
Some of the duties of Employer
 It is necessary for any of the employer to give timely payment to their employees so that
they can perform their role in required manner (Feres, Silva and Silva, 2018).
 Safety and security are the t wo essential things while working within the premises of
company and those must be given to employee in any of the circumstances.

 If company is not satisfied with any of the employee then in that respective condition,
they must give notice to them for searching another job else legal penalty can be
imposed.
For example: Jacob is working with ABC limited since last 2 years. Here, company had a
contract to give prior notice of 45 days as per the policies of company. In this particular
situation, it was found that Jacob didn’t want to give the notice of 45 days as he has agreed to
join another company in next 30 days. Looking at the situation, company has the option to take
legal action against Jacob for the breach of contract.
TASK 3
Explain this statement "Not all agreements are contracts"
Agreement and the contract are two different term where contracts are legal binding in
nature and must be completed in specific time period. It is necessary to understand that in any of
the situation this terms and condition must be followed. But on the other side, agreement can be
anything where it doesn’t bound the person to complete within the specific time period. But,
contract bounds the person to do so (French, 2018). It is necessary to understand that All of the
contract are agreement but it is never necessary that all of the agreement will be the part of
contract. In any of the contract, there must be offer and acceptance but in case of agreement it is
not necessary to be offer and acceptance. For example: Jacob promised his son that he will buy a
car for him in next year.
If in case parties enter in to the agreement that they will perform certain work in
upcoming time period which means that they are looking to attain the goals in future period of
time and time is not decided in it. But, talking about Contract, it bounds the people to perform
each and every work in a systematic manner it must follow the guidelines and if any of the
condition are breached then legal action can be taken for the breach of contract (Musson, 2018).
Also, for entering into any contract, there should be the agreement between the party which is
not applicable in case of agreement. In short, it can be easily said that all of the contract are
agreement but it is not necessary that every agreement will form a contact.

Advise the Parties to resolve the problem
Contract: It is an agreement which is mainly done between two parties and it becomes
necessary for the involved party to perform work as per the requirement. O the other side, it is
crucial that offer and acceptance should be to form any of the contact. In the given case study, it
was fund that George a house painter, who is willing to enter into the contact with Alex by
painting his house from outside for £550. This offer was applicable for next seven days only. The
next day Peter telephones George and said that h would like to accept the offer.
Offer: It is made by first party who wants to enter into the contact. It is given to specific
person and even it is applicable for only those to whom offer has been made. In given scenario,
offer was made to Alex which acceptance can be shown from his side only (Partington, 2019)
Acceptance: This is reply where person who wants to accept the offer made party. If
acceptance is shown, then offer becomes agreement.
Looking at the scenario of the case, it can be clearly said that Peter has made offer which
is applicable for only George. Where Alex called and said that he would like to accept the offer.
But, it is necessary to understand that those offer are made for only George. Here, it will be the
choice of Peter whether he wants to accept the offer from Alex or not.
Corporations aggregate under the Companies Act 2006 are classified according to their mode of
creation namely (1) by charter, (2) by. Statute and (3) by registration. Explain each with
examples
Discussing about Company Act, 2006 it is the law which prepare guidelines for business entity
which they must consider at the time of taking any of the business decision. This is among one of
those law which is sometime favourable for the organisation and sometimes is not. There is
proper process which is necessary to be followed for commencing the business but this process
is length and expensive too. Also, different type of company has different nature and according
to that process is required to be followed. Below, detail process is needed to be followed.
 Charter: It is the beginning process for any organisation where they must understand
that any of the work should be done as per the requirement of law. In order to follow
lawful procedure, it is necessary for the investor to identify the name of organisation,
address along with official documents. Documents are required to prepared to ensure

about the that from where its operates its daily basis activity. For example: Company like
TESLA wants to incorporate its business and for that their members must be able submit
all of the documents within Company House.
 Statute: In simple words, it is defined as the law and policies which are formed by
Parliament House and it must be followed too. In the same manner, there are number of
other necessary process which is needed to be followed by organisation in order to start
its business activity. As company will be formed as per the guidelines of Company Act so
it will be necessary to consider Company Act 2006 in it (Qunran and Chen, 2019). For
example: It is necessary for the organisation like TESLA to understand that they are also
required to prepare Memorandum of Association and Article of Association. In addition,
company should also be able to understand that there is a requirement of director and
shareholder who can take responsibility regarding performing any of the business
activity.
 Registration: After following all of the documentation work, it is necessary to
understand that law should be followed by the company for having a registration. Now,
after following this procedure it is mandatory to submit documents within Companies
House so that business activity can be started. Here, registration should be included in it.
TASK 4
Explain the meaning and role Alternative Dispute Resolutions with examples.
Alternative Dispute Resolution: It is defined as the process that can allow to solve the
dispute between the parties. This types of issues can be resolved by taking advises. Alternative
Dispute Resolution process is among legal authorised process as it simply allows to reduce the
burden from Judiciary body of a nation. In present scenario, it is necessary to understand that this
types of process for resolving any of the process can be effective because it takes very less time
to find out the accurate decision. There are number of other benefits as well in this particular
process as it is less time consuming and less expensive too. In this types of process for resolving
issues, certain limitation are there as in some of the methods, only suggestion can be given and
the another one is that only civil cases can be resolved in it. Here, different types of methods are
there through which dispute can be resolved. Those methods have been discussed below in
detail:

 Negotiation: It is method of resolving the issues between disputed party where they
themselves has to show their effort for solving the problem. Among different types of
disputes, it is among the simplest form of where there is rarely requirement of third party
to show their involvement for resolving the problem (Schauer, 2019). Although,
negotiation process doesn’t require the help of third party for resolving the issues but still
they get the opportunity to take the help of third party who can suggest whenever there is
a requirement. For example: There was a dispute between James and Charles, who were
working hard for getting promotion in future period. In this period, they try to demotivate
each other and that has a negative outcome for organisation. In this particular
circumstances they must be able to resolve their issue by own or even they can take the
help of management who can guide that how they can perform effectively within the
company.
 Mediation: It can be defined as the method which is effective in resolving the issues
which are not of complex form. Here, responsibility for resolving issue is given to
mediator who has to analyse the case in detail for obtaining the effective result. The
appointed person just has to give their suggestion instead of giving any order and final
decision is required to be taken by disputed party that whether they are satisfied with the
given suggestion or not (Shen, 2018). For example: There was a dispute between Mark
and Haney which is about contract law. In this situation, it is the role of mediator to
advise the disputed party and other outcomes if they follow the procedure of court. But,
final decision is required to be made by disputed party themselves.
 Arbitration: Among number of methods of resolving issues, it is most authenticated
because it is 100% result oriented as decisions are declared in it which is to be followed
by the parties. In order to resolve disputes, arbitrator must be able to declare those
decisions where favour should not be done to any of the party. The one who tries to opt
arbitration process should be able to ensure that both involved party is agreed. For
example: There is an agreement dispute between the parties and in this particular
situation, panel of arbitrator can declare its decision regarding the work which is to be
done.

CONCLUSION
After completing different task within the report, it is necessary to understand that if
government doesn’t take active participation within the organisation then it becomes difficult for
them to accomplish the goals. In any of circumstance laws and regulations must be followed and
if company fail to do then legal penalty can be imposed. Also, it is said that contract between
employer and employee plays the necessary role because it is one of the way which helps to
identify about the duty which is required to be followed. There is systematic procedure which is
needed to be followed by business organisation in order to start any of the business entity.
Finally, Alternative Dispute Resolution is among one of the way which is essential for an of the
business organisation because dispute can be raised at any period of time and in order to resolve
it proper procedure must be followed.
REFERENCES
Books & Journals
Alfawaer, A. M., 2017. Grave Judicial Errors within the Jordanian Legal System: Causes, Legal
Provisions and Solutions. J. Pol. & L., 10, p.122.
Bodansky, D., 2016. The Paris climate change agreement: a new hope?. American Journal of
International Law, 110(2), pp.288-319.
Endicott, T. A., 2016. Law and language. Stanford Encyclopedia of Philosophy.
Feres, M. V. C., Silva, L. A. D. and Silva, A., 2018. The Constitutional Principle of Scientific
Development Based on Social Interest and the Patent Legal System: The Case of
Chagas Disease. FERES, Marcos Vinício Chein, pp.81-103.
French, R., 2018. United states influence on the Australian legal system. UW Austl. L. Rev., 43,
p.11.
Musson, A., 2018. Medieval law in context: the growth of legal consciousness from Magna
Carta to the Peasants’ Revolt. Manchester University Press.
Partington, M., 2019. Introduction to the English Legal System 2019-2020. Oxford University
Press, USA.
Qunran, Q. and Chen, Y., 2019. The People's Assessors in China's Legal System: Current Legal
Structure for Their Duty and Its Justification. Tsinghua China L. Rev., 12, p.171.
Schauer, F., 2019. Friedrich Waismann and the Distinctive Logic of Legal Language.
In Friedrich Waismann (pp. 261-277). Palgrave Macmillan, Cham.
Shen, G., 2018. Revision of China's Legislation Law: Towards a More Orderly, Fair and Just
Legal System. Hong Kong LJ, 48, p.1137.

Online
UK Court Structure. 2020. [Online]. Available Through: <http://www.justcite.com/kb/editorial-
policies/terms/uk-court-structure/>