Business Law Report: English Legal System, Contracts, Employment Law

This report provides an overview of business law, focusing on the English Legal System and its sources, including customary law, case law, and legislation. It examines the governmental roles in creating and applying common and statutory laws. The report further analyzes the impact of contract law and employment law on businesses, highlighting key acts and their implications. A case study involving 'Country Pine' is used to propose appropriate legal solutions, referencing the Companies Act 2013, and justifying their use. The report emphasizes the importance of corporate governance and the role of directors in ensuring compliance and achieving business objectives, including maintaining a healthy working environment and maximizing profits. It also mentions the significance of the Director Identification Number and the responsibilities of the directors.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
Task 1...............................................................................................................................................1
P1 Nature of English Legal System and different sources of laws.............................................1
P2 Governmental roles in making application and laws of common and statutory law.............2
TASK 2............................................................................................................................................3
P3 Impact of Contract Law and Employment Law on businesses..............................................3
Task 3...............................................................................................................................................4
P4 Appropriate legal solutions for Country Pine........................................................................4
P5 Justifications for the proper use of legal solutions.................................................................5
TASK 4............................................................................................................................................6
P6 Solutions for a country's legal system and different frame work..........................................6
REFERENCES................................................................................................................................8

INTRODUCTION
Business law means the laws that control and govern the dealing between commercial
matters and people. It is also known as commercial law or mercantile law. It is a combination of
all laws related to the business (Azadeh, et.al 2012). It establishes rules, policies and strategies
which should follow by every businesses and it covers all important things of legal formalities
which is done by any business. In this report, firstly cover The Nature of English Legal System
and different sources of laws. Further, it covers impact of all contractual and employment laws.
Lastly, it covers that all conflicts and their solution in the given case study.
Task 1
P1 Nature of English Legal System and different sources of laws
ENGLISH LEGAL SYSTEM
An English legal system is a combination of laws that includes civil and criminal laws. It
is applicable in two European Nations, England and Wales. There are courts which have various
separate branches for these laws. Their court has a special process to solve problems and issues
and help local people effectively. There are civil laws which is considers as court of justice and
appeal. In the court, there are several teams of judges (Boyarsky, 2012). They made common
laws, statutory law, and makes principles regards this. For amendment or replacement issues,
these are solved in parliament. Common law origins assess the criminal law and crime related to
criminal law is a statutory offence.
There are many sources of law which are as follows:-
Customary Law – this law is generally a combination of customary law and former colonial
power which is further known as colonisation. This law applies on common areas of life and this
law is less affected by colonisation.
Case Law – it is a type of law where court judges are involves in practice of certain cases. This
law tested and interpreted by succession of trials in various situations. In these laws there is a
bounding of upper court on the lower court.
Law from the EU – this is associated with common rules and regulations which is followed by
many businesses in their activities in European Trade market. It is controlled and managed by
European Union nations.
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Civil Law – civil law is made for public for solving their routine issues. This is as like to find
any wrong discrimination commitment from any person and firm. This law is managed by civil
courts and it solves those cases which are less than £25000 and assesses injuries less than
£50000.
Legislation – legalisation is managed and controlled by a statutory body that has power to make
several laws. In this statutory body these things are included like congress, parliament, council of
town or chiefs. They make laws and pass them (Dickerson, 2014.). These laws are applied upon
the whole nation. In UK parliament, there are two houses, i.e. House of Lords and House of
Commons and have 650 members and every person stood as geographic constituency effectively.
P2 Governmental roles in making application and laws of common and statutory law
For making a law, there are many applications and steps which are followed by the
government. To formulate a statutory law, the government follow all rules and regulations. These
laws are made for finding the solution of conflicts and issues related to business, customers,
public and society (Majda, 2012). There are under noticeable thing that is, these laws are
required to manage all statutory and non-statutory issues under a reform observation. In
governmental bills and provisions, the statutory laws documents are also included for achieving
better results. For making and maintaining proper laws there are a legal process regarding it. In
this process approving a bill to pass it to become an act which is made by parliament:-
 Reading Stage – any law when it is in earlier stage it is read for the first time and this
process start in House of Common. This process also known as proposal of bill.
 Second Reading Stage – in this second reading process, proposal and provision of bill is
read and discussed by MPs and peers. If in any situation where controversy is arises then
they will this bill is sent to the House of Lords and in this process there are no work
related to voting.
 Committee Stage – in this process, Member of Parliament suggests their ideas to make
any suitable changes (Majda, 2012). Further, this bill changed accordingly to them and
get approval from MPs.
 Report Stage - Here there is a voting process that helps the parliament members, and
provides relevant suggestions and expresses their opinions on the related bill. In this
stage, there is a facility given to their members for giving suggestions if they were not
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involved in earlier stage. They also able to give any new suggestion to make new further
changes.
 Third Reading – in this step, there are discussion and debate on the bill which is made by
MPs. It assesses modification made for that bill towards to submission of that bill.
 Approval Stage – after all changes and modifications made, this bill passes from one
chamber and presented to another for acceptance. In this stage, if a bill is approved by
both Houses then it is ready for the final shape(Act).
 Conversion – it is the final stage and here the bill which is approved by both Houses
reaches at Royal Accent. They approved this bill and make it an Act. The Royal accent
gives last submission on that bill with use of the advice from the ministers.
Application of Statutory and Commercial Laws – government apply statutory with the help from
private and public laws. This will help in solve business issues in terms of act and law. This Law
is considers as to make act to control and manage operational activities. Further, there are
commercial laws which are applicable for customers or for two or more than two businesses and
their countries effectively. There are some acts like Sales and Goods Act 1979, Companies act
and Employment Right act etc. These are such type of act and these acts applicable for business.
TASK 2
P3 Impact of Contract Law and Employment Law on businesses.
There are some potential impacts on any business regarding these laws such as
Compensation Act 1897, Health and Safety Act 1974, Harassment Act 1997 and Equality Act
2010. In these acts, they describe safe use of machineries and dangerous equipments at
workplace (Folsom and et.al 2012). They give compensation benefits in terms of illness and
injuries. These acts provide security for harassment and activities related to harassment and equal
opportunities for choosing pre employment phase.
Impact of Contract laws on business – any of an act related to this law which is under any
jurisdiction lays down general principals for formulating the performance and enforcement of
contract within made two or more individual parties. Both the parties enter earlier into a
commercial relation. Its impact on any business in terms of those jurisdictions approach towards
law. This approach is basically based on the Common law i.e. legal system which is promoted by
British and Civil law based on the non commonwealth system of laws. Further, Contract law
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bound to the parties to only into the legally valid relations and this could not help in illegal
contractual activities (Majda, 2012.). So all type of legal transactions are controlled and
governed by the contract law and court could solve the case of parties into their performance.
Impact of Employment law on business – it is an essential law designed to protect the
employee's rights and it covers all aspects of the employer employee relationships. It is important
for employers that they should comply with the various rules and regulations if they ignored
costly employment court claims. In addition to this it covers all the following areas of
employment such as employment conditions and contracts, treatment of employees, their
working hours and pay method, time off work and sickness absence. Understanding all
obligations under this law and keeping up to date with the regular changes can be daunting.
There are an increasing demand of Country Pine restaurant in terms of furnitures and
other essential equipments is increasing so that an effective man power is required to control and
manage production and it will make more profitability. Employees are the key person of any
business and because of this organization can success. There is an impact of employees
legislation on company's operational activities.
Task 3
P4 Appropriate legal solutions for Country Pine.
CP is a registered company and in It run and operates business activity for earning
profits. In the company there is a CEO which name is Kevin Johnson. The CEO is presently
manage and control all operational related activities. In this context, this company should follow
these laws related things like the rules, regulation and legalisation regarding to the business
operational activities and its staff member in order to become a registered company which is
helps to increase production and also capital. The management directors are responsible for
control and manage all activities at workplace (Marshall and et.al 2013.). For all conflicts there is
a Company Act 2013. This will help in solve and improving such kind of problems regarding to
a business. This act also useful is maintaining working environment in CP. The Companies Act
2013 has an insured power of equilibrium of obligation that is kept up to make payment to the all
stake holders of this organization and it ensured about its corporate administrations to the
maximum extent accomplished.
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It will help in utilizing the regulative and penal measures and in this situation these things
can be including like functions to ensure the legal corporate structure of any business which is
going better condition. This will help in solve all legal conflicts effectively. It can be said that it
is helpful for business to achieve the desired targets and objectives. It also helps in future
development and by using this a company can improve its working capital which use in daily
work and also enhance the productivity of their employees to make more profit in competitive
market (Munch, 2012). In this company corporate governance also help in creating better
environment of awareness towards the duties of managing director. It is an important thing is it
will help for overall development of CP in terms of staff member as well as board of directors
effectively.
P5 Justifications for the proper use of legal solutions.
A concept of modest mobility use in the company and the Act help for applying of this concept.
This Act comes in validity with effect from 1866. The main work of this Act is to regulate these
essential things like enrolment, wind up and standard of all the subordinates efficiently. To
follow the rule of this act's properly and any incorporated company can appoint the director and a
team of board of directors in their annual general meeting (Nichols, 2012). This act provides a
unique number that is Director Identification Number to the every authorised director of every
company. They on message of an order that he or she is eligible to become a managing director
as soon. The major responsibilities and role of the director are as follows :
 Director of any company is responsible for carrying that company's business properly and
their orders should not affect to the business relationships.
 It is duty of every director to help and guide all members in that organization in order to
collect future outcomes and reach at higher level of business.
 All directors are responsible for solving the issues and problems regarding their members
and in between other committees which helps to increase the overall growth of that
particular company.
 Every director also focus on their independent judgement so that it can improve the
overall working environment to make decisions better (Azadeh, Darivandi and Fathi,
2012).
 They should protect and promote the rights of stake holders of that business.
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 Their main aim is to control all financial activities that it helps to increase working
capital it helps towards the expansion of business and also achieve the growth.
 All directors also focusses on the company's external environment witch is associated
with Political, environmental, legal, social and technological factors. It helps to ensure
that adequate to held and such minutes are in wonder of the establishment.
In the given scenario, after the incorporation of a company board members and all
employees should follow all rules and regulations formulated by government and this thing helps
top operate a business smoothly and effectively.
TASK 4
P6 Solutions for a country's legal system and different frame work.
Alternative dispute resolution process – for solving conflicts between two or more than two
parties this process is very important. This process solve problems, issues, dispute and conflicts
easily and effectively (Boyarsky and Gora, 2012). This process also known as ADRM. It is a
special process approved by government and it helps to minimise the chances of becoming
claims in the court. It also uses for time saving. The technique of this process is very easy and
effective that it creates better relationship between two or more parties and accomplish their
issues and problems.
Adjudication – this is based on written document and it is provided by both parties which have
conflicts. It helps to find the best solution of that problem. It is a little formal rather than
Arbitration. It is also easy to use and effective. This method is approved by charted institute of
arbitration. It focusses on those areas where cause of issue is generated.
Arbitration – it is a method use by an arbitrator which helps two analyse conflicts any dispute
between the parties. It uses the paper evidences for solving them. Arbitrator is legally bound by
their decisions made by himself (Ward, 2016). They solve this and that are the last solution for
business and after their solution they are not able to go to the court procedure if in case of dis
satisfaction.
Conciliation and Mediation – it is free and easy to use. This will help more rather than other
process. The main objective of this process is to make both parties happy and satisfy.
According to the given case the company Country Pine purchase and import their goods
something like timber from Poland and bring it in the form of flat backs. There is a situation
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arises that the flat packs contains defective. There are polish suppliers refund them for the
damages claim. Here in this case study Arbitration is the best method for both parties towards the
find out the solution of the issues and it manages by arbitrator. This will complete by all party's
approval and it helps to make a solution for them.
CONCLUSION
In the above report there are analysed all laws related to any businesses and also state the
solution of problems and issues which can arises in an organization. This report based on the
English Legal System and civil law applies in England and Wales. In government provisions and
bills there is an essential thing is included that law documents. The Country Pine should manage
their business with use of rules and regulations., here in this report some key areas which
legalisation has a measurable impact on CP in reference of consumers, employment, health and
competition.
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REFERENCES
Books and Journals :
1. Azadeh, A., Darivandi, K. and Fathi, E., 2012. Diagnosing, simulating and improving
business process using cybernetic laws and the viable system model: the case of a
purchasing process. Systems research and behavioral science, 29(1), pp.66-86.
2. Boyarsky, A. and Gora, P. eds., 2012. Laws of chaos: invariant measures and dynamical
systems in one dimension. Springer Science & Business Media.
3. Dickerson, C.M., 2014. Bringing Formal Business Laws to Cameroon's Informal Sector:
Lessons and Cautions from the Tax Law Example. Wash. U. Global Stud. L. Rev., 13,
p.265.
4. Folsom, R.H., Gordon, M.W., Spanogle, J.A., Fitzgerald, P.L. and Van Alstine, M.P.,
2012. International business transactions: a problem-oriented coursebook.
ThomsonReuters.
5. Majda, A., 2012. Compressible fluid flow and systems of conservation laws in several
space variables (Vol. 53). Springer Science & Business Media.
6. Marshall, W.L., Laws, D.R. and Barbaree, H.E. eds., 2013. Handbook of sexual assault:
Issues, theories, and treatment of the offender. Springer Science & Business
Media.Schopen, G., 2014. On Buddhist nuns and business laws: Two examples from
early India. Buddhism and law.
7. Munch, S., 2012. Improving the benefit corporation: How traditional governance
mechanisms can enhance the innovative new business form. Nw. JL & Soc. Pol'y, 7, p.i.
8. Nichols, P.M., 2012. The business case for complying with bribery laws. American
Business Law Journal, 49(2), pp.325-368.
9. Ward, J., 2016. Keeping the family business healthy: How to plan for continuing growth,
profitability, and family leadership. Springer.
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