Unit 7 Business Law Report: Business Law in the UK - Legal Framework

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This report provides a comprehensive overview of UK business law, encompassing various legal aspects relevant to business operations. It begins by outlining different sources of law in the UK, distinguishing between primary and secondary sources like legislation, case laws, and legal publications. The report then delves into the UK law-making process, explaining the roles of Parliament and the government, and clarifies the application of common and statutory legislation in courts. The impact of legislation on business enterprises is examined, particularly focusing on employment, contract, and company law. Furthermore, the report details the legal formation of businesses in the UK, differentiating between various structures such as partnerships and sole proprietorships. Finally, it explores legal solutions for dispute resolution within organizations. The report emphasizes the importance of business law in regulating enterprises, protecting rights, and ensuring proper functioning. This assignment, available on Desklib, offers valuable insights into the legal framework governing businesses in the UK.
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Unit 7: Business Law
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TABLE OF CONTENT
INTRODUCTION.......................................................................................................................................3
TASK 1.......................................................................................................................................................3
P1 Different sources of law.....................................................................................................................3
P2 Explain law making process used in UK with role government in it. What are application of
common and statutory legislation in courts.............................................................................................4
TASK 2.......................................................................................................................................................6
P3 Explain the Impact of legislations made in business enterprises.........................................................6
TASK 3.......................................................................................................................................................7
P4 How all business are legally formed in United Kingdom...................................................................7
P5 Explain the methods of management and funding of business..........................................................8
TASK 4.......................................................................................................................................................9
P6 Recommendation all legal solutions used for dispute resolution........................................................9
CONCLUSION.........................................................................................................................................11
REFERENCES..........................................................................................................................................11
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INTRODUCTION
Business law is a legal framework that is being incorporated by all the legal bodies and
legislation in order to provide a proper and a combination through which rules can be made and
implemented on the citizen and the organisations that used to imply maintain a proper enterprises
for business functioning. It helps out to regulate all the important civil legislations and branches
through which the business can be incorporated in a better manner (Menkel-Meadow, 2017).
This is mainly a vast umbrella through which different kinds of laws are being implemented like
intellectual property, contract law, data protection law, employment law and many more. In
order to maintain the organisation it is important to protect the Rights and the legal abilities of all
the employees who are being working in the company. This report will cover the legal systems
and the various sources of law and also the impact of all the business law in the business and
with that the formation of business in a legal manner. Further it will also cover the legal solution
in order to resolve the disputes in organisations.
TASK 1
P1 Different sources of law.
As in UK there are partly written and wholly codified laws. It helps to maintain the
legislation and the rules for the country (Ventura, and Judicialisation,2021). These are mainly
being amended with the various Justice and the forms through which implications of rules and
regulations are being made. In order to maintain the English legal system the laws usually cover
out with some doctrines and the legal civil matters through which they are being embodied
through primary and secondary laws. Primary laws are concerned with all the original source of
laws which are mainly being made through the authoritative manner with the power of the
authorities which can make the laws according to their manner. Whereas secondary sources of
laws are considered to be the research work and all the commentaries in the law that are being
made from the primary sources and from the particular research process (Evju,, 2019).
Primary sources
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Legislation: It is mainly the superior authority may try to implement and make the laws
which are being named as Parliament. And all those legislative authority is when try to
maintain and embodied the laws by proper amendment and statutory legislation. These
are mainly not return in the Constitution and it mainly being in numerate it through the
laws that are been incorporated with the help of Parliament.
Case laws: These are mainly the legislative rules and the fundamental principles which
are being made by the judges and attachments that are being given by the judges and used
to create a binding impact on all the future decision which are being laid out by the
subordinate courts and all the lower courts which are being embody through the common
law of action. It mainly comprise of all the facts, decision, issues and the law reports that
are being made in general cases.
Secondary
Legal Encyclopaedia: It provides out all the research work and the important areas
through which the cases, facts and the issues regarding to the legal matters with important
key points can be implemented and being researched.
Text books: It provides out all the academic writings and the legal topics through which
the students can opt proper knowledge regarding to the laws and the concept of law
through which a clear objective and ideas can be given to them (Pasculli, and Ryder,eds.,
2019).
Law journals: It focus on all the specific areas and the general laws that are being made
in order to maintain a proper articles and the case commentaries through which important
clarity of regarding the legal issues and the matters can be discussed in a proper manner.
Parliamentary and non-parliamentary publications: These are mainly the commands,
debates and the important documents work regarding to the Parliamentary area and non-
Parliamentary used to cover out the departments of government agencies and the law
reports and publications (Nigmatullina, 2018).
P2 Explain law making process used in UK with role government in it. What are application of
common and statutory legislation in courts.
As law is the command of rules and regulation and Parliament used to provide out the
supreme authority through which all the enactment of legal laws are being made. It mainly
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provides out all the members and the decision that is being made between the laws and also that
are being helpful for protecting the rights of the citizens. It helps out in enactment and also to
promote the initial services that are being promoted for the house and being proposed in the bills.
It mainly provides out all the draft and the debates, examination of bills and important
discussions through which proper changes can be implemented in the laws. There is certain
process which is being mentioned below:
First reading: It is mainly the prior states in which the bill is being arrived and is also
being read out in front of the house members (Saich, 2020).
Second reading: This mainly provides out all the important debates and discussion areas
through which the key elements in areas regarding the objective of the bill are being
discussed and there will not be any voting take place.
Committee stage: This is mainly the analysis through which all the examination of the
bill is being conducted and a proper changes are being suggested to the members
regarding to the bill. It provides out all the implementation that are being made and the
discussion through which the debates are being analysed.
Report stage: It is mainly the stage where all the important changes in the bill can be
amended and voting will thereby be take place.
Third reading: This is mainly the final chance where Parliament can thereby made
important changes that are being needed in the bill and also try to cover all the loopholes
that are being seen in the changes for the bill.
Considering amendments: This stage is called Ping Pong where the final amendments
are being taken place which are being suggested by the houses and in case of their
rejection and acceptance are being taken in record. Also changes in the house of lords are
being admitted and accepted by the commons and vice versa.
Royal assent: This is the final stage where bill is being passed by the Parliament by
implementing by both the houses. It provides out head in the state and also will be
enforced on whole of the nation.
Application in law courts
As English legal system used to be made of hierarchy of courts and they usually being
divided into two important categories which are subordinate and superior courts. The superior
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courts are mainly from UK which deals with the highest court and hear all the appeals that are
being lead in the criminal and civil matters. The court of appeal mainly being covered into two
important divisions which provides the civil and the criminal as in respect to the form of appeals.
High Court of justice has mainly three important divisions they are family division, Queens
bench and Chancery. The subordinate court used to comprise of all the magistrate court and with
that the minor criminal cases that used to be covered in the Crown court with all the offences and
magistrate court used to deal. The juvenile courts used to deal with the offences with the age of
10 to 17 years (Reimann, and Zimmermann,eds., 2019).
TASK 2
P3 Explain the Impact of legislations made in business enterprises.
Legislation helps out to provide all the regulations and rules through which the
supremacy in the lawmaking authority is can be implemented with the help of Parliament and
also it helps out for the proper functioning of country. The main motive of all the business
practises is to maintain the growth of the companies and also to maintain the legal restrictions,
actions and the validated penalties. The major impact of business law on companies is as
follows:
Employment law: It provides out the protection for all workforce from the exploitation
and from the destination that are being laid out on regard of the several rights that are
being given to the employees. It cover out important areas that act like equal holidays,
protection and equal pay or removing or making wrongful and unfair dismissal.
Employment law implements out the legislation to maintain the protection for all the
employees being exploited. The equality law 2010 helps out to maintain justice equality
and fairness in the organisations with the employees regarding their health and safety and
with that the national minimum wages act helps out to provide the minimum wages to all
the workforce without being characterised am on the basis of gender, age, sex etc. it had
ought to provide strategies and policies as with the legislative areas.
Contract law: It is mainly the law which helps out to provide proper agreements
regarding to the condition and terms through which contracts are being framed. In all the
business practises it is important to regulate proper rules and regulations regarding to the
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breach between any parties and also to protect the rights of the parties from all the
integrated contracts. It provides out the obligations, rights of the parties and the liabilities
that are being enforced (Bannister, and Olijnyk, 2018).
Company law: These are the rules and regulations that are being made by the companies
in order to maintain proper incorporations from the organisations and companies on its
winding up areas. It focuses on ensuring the working of companies and also to regulate
the transparency in proper manner. All stakeholders chair by given out the rights and the
implicated duties through which impose all the effective areas in the running and
functions. It provides of the amendments on the transparency that is being probed by the
shareholders in order to maintain the investors and a program.
TASK 3
P4 How all business are legally formed in United Kingdom.
In all the business organisation there are mainly different functions and kinds according
to their business structure and also through these legal considerations that helps out to implement
their stakeholders in the business practises and rights and liabilities. As for all the business
enterprise their control, structure, liabilities and the ownership is the main important function.
There are different kinds of functions in business which are as follows:
Partnership: These are all such business practices in which two or more people are
engaged in order to maintain the business and also to decide the important areas for the
firm. Partners used to share all the laws, profit, decision making, responsibilities and the
controls. It provides out all profit ratio and the laws that are being generally met through
the capital contribution and also to maintain the oral and the fixed agreements that are
being laid out in them. There are mainly two important kinds of general partnership
which are being made through the registration of HMRC. As in the unlimited liability
areas the second area through which the liabilities can be made or through the partnership
of registration by the companies house and HMRC.
Sole proprietorship: These are all the small scale business practices which are being
handled by the single owner in order to maintain the management and also to control or
the working of the firm. As the owner used to cover out the work in a free manner and
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also there will not be any kind of interference and an independent working in the
segment. There will also be arise the unlimited liability is with that the personal
liabilities.
Companies: This provides out all the lengthy and the important complex process which
helps out to incorporate the formalities in a legal manner it is mainly a separate legal
enterprise which are mainly different from their owners and also provide their own
common seal with a perpetual succession. They are the artificial personality which can be
suit and suit on under the control and the deaths in the liability set up being framed in it
through the corporation and the profit attack being belong to it (Seidman, 2017).
P5 Explain the methods of management and funding of business.
For all the business practises it is important to manage all the funds and financial areas
through the organisational manner. The management and thereby maintain their organisational
funds and business organisation through different processes which are there under:
Sole proprietorship: All such business are being managed by single person and all the
responsibilities, powers and important liabilities are being given to the owner only so the
single person thereby help how to manage the operations on the activities in the business
and important decision making areas. These are mainly the small-scale business practices
which usually require small amount of funds which are mainly been came through their
personal saving and can also be through the bank loans.
Companies: It provides out all the operation of the complex procedure and important
large-scale formalities of incorporation that are of two important kinds of companies
which provides out public company that mainly made out the fund through the
applications of the public shares and through the share capital is and the private company
which used to deal with all the equity and the depth in raising the financial areas. The
public company used to manage their funding through the board of directors and
shareholders which provide the extensive interest in the managing of operation of
companies and through the help of directors.
Partnership: These are mainly when two or more peoples are being engaged in a
business practices and the management through a mutual agreement that is being laid
between the partners either verbally or the contractual terms. It provides out all the
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important management power that is being made between the decision making process
and also through the capital contribution that are being framed through the share of laws
and the profit. It helps out to provide the financial aspect in the bank loans and also
through their personal saving that are being laid out by the equal members and partners
usually contributing in it (MOUSAVI, and SADEGHI, 2020).
TASK 4
P6 Recommendation all legal solutions used for dispute resolution.
All the legal solutions that are being given in the business practices in order to resolve the
disputes and also to implicate out the litigations through which a time consuming process and the
costly methods can be removed. In order to maintain the resolution of dispute UK government
has thereby implicated civil procedure rules of 1986 through which alternative dispute resolution
is being made in order to dispose the cases in a speedy manner. Some of which are mentioned
there under:
Case 1
Legal issue: In this case scenario Gordon was entitled to pay all the annual wages from
2015 to 17 as with the laws of employment and contract. There is merely a point that
where a valid contract of employment is being made between the employer and cotton
and all the alteration and variation can thereby be freely accepted will be valid.
Legal solution: Gordon can get and take the help of negotiation as it is an important
involvement for all the independent working in the third party with a legal solutions
which are also called as negotiators and also held the parties to negotiate between them
and it helps out to provide an amicable solution in which party is can maintain them self
in a win-win situation and they will not be any kind of loss that will be suffered with
them.
Justification: Gordon thereby except all the variation clause in order to maintain and that
has been a rise due to the instability in the contract so that there cannot be any issues of
the areas and negotiation will help out to provide all the claim of wages that are being
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made by the garden and with this the parties can thereby enter in an amicable solution of
their altered changes.
Case 2
Legal issue: This cover out in this scenario that Janet will thereby be liable in order to
pay all the telephone bills that are being made by the delayed installation for a whole
month of period and all the extra usage. It will thereby implicate out the legal position
through the virgin media and also the main issue will thereby be about the contract and
the issues that are being laid out in the business practices through which contracts are
there by being made for the payment and collection through the consumer rights and
services (Miller,2017).
Legal solution: Mediation can thereby be used in order to resolve the dispute as it will
help out to maintain an independent and a neutral decision for the third party that is being
appointed by both the parties in order to provide a proper suggestion and they will not be
any kind of binding statement and decision that is being made by the mediators in order
to provide a solution for the parties.
Justification: Mediation can thereby help out to provide a proper amicable solution
through which a better reputation of the company can thereby be made and it can help out
to resolve all the issues in a confidential manner in an eternal way.
Case 3
Legal issue: In this case scenario the creditor is thereby being in title in order to winding
up petition that is being filed by the company for the non-failure of payment and also for
the non-payment that is being made by the companies and for dealing with all the
scenarios that as per unable to the creditors to pay the payment of huge amount due to the
bad debts.
Legal solution: Arbitration can be used as an independent arbitrator than thereby be
appointed who can hear both the parties and examine all the witness and evidence that are
being given by them. A proper binding agreement can be let out in a flexible manner
through which the arbitrator can thereby help out to maintain the arbitration process
(Gold, 2018).
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Justification: As to the issues that are being related to money and all the speedy disposal
of the case it is important to maintain a binding issues and that is being made for a short a
time period and company will thereby be able to communicate in a better manner in order
to resolve the disputes.
CONCLUSION
From this above report it is concluded that business law helps out to maintain and operate
different business practises and which helps out to maintain operational activities and
legislations. There is mainly primary and secondary law in which Parliament helps out and act as
a superior authority and a lawmaking process through which started recombination of enactment
can be made out. Business law provides a potential functioning of the business and also regulate
their working areas. In order to maintain a proper legal structure and legality there can be raise
out different funds through which the ownership, requirements and important skills and
operations can be implemented. Alternative dispute resolution can thereby be used in order to
build a speedy disposal in order to resolve the disputes with the help of arbitration, mediation
and negotiation.
REFERENCES
Books and Journals
Bannister, J. and Olijnyk, A., 2018. Government Accountability–Australian Administrative Law
Sources and Materials: Australian Administrative Law. Cambridge University Press.
Evju, H., 2019. Primary Sources. Brill.
Gold, M.E., 2018. Introduction to the Law of Employment Discrimination. Cornell University
Press.
Menkel-Meadow, C., 2017. The evolving complexity of dispute resolution ethics. Geo. J. Legal
Ethics, 30, p.389.
Miller, B., 2017. Employment law: A necessary safety net: The argument for paid domestic and
family violence leave. Ethos: Official Publication of the Law Society of the Australian
Capital Territory, (245), pp.16-19.
MOUSAVI, S.M. and SADEGHI, N.A., 2020. A Comparative Study of Refusal to Accept Rights
in Iranian Law, Imamiyyah Jurisprudence and Principles of European Contract Law.
Nigmatullina, D., 2018. Combining Mediation and Arbitration in International Commercial
Dispute Resolution. Routledge.
Pasculli, L. and Ryder, N. eds., 2019. Corruption in the global era: Causes, sources and forms of
manifestation. Routledge.
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Reimann, M. and Zimmermann, R. eds., 2019. The Oxford handbook of comparative law.
Oxford University Press.
Saich, T., 2020. Preface and a Note on Sources. In Finding Allies and Making Revolution. Brill.
Seidman, R.B., 2017. Contract law, the free market, and state intervention: a jurisprudential
perspective. In The Economy as a System of Power (pp. 219-242). Routledge.
Ventura, and Judicialisation,2021 right to health and justice at Rio de Janeiro’s ‘Health Dispute
Resolution Chamber’: Users’ conceptions. Global Public Health, pp.1-12.
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