Business Law Report: Legal Solutions for Business Management Issues

This report provides a comprehensive overview of business law, examining various sources of law, including European Union law, human rights law, case law, legislation, equity, and delegated legislation. It details the role and responsibilities of the government in law-making, outlining the stages involved in the legislative process. The report further explores the impact of employment law and contract law on businesses, offering an analysis of relevant regulations and providing examples of how these laws apply in practical scenarios. Additionally, the report addresses dispute resolution methods, particularly focusing on alternative dispute resolution (ADR) and its advantages in resolving conflicts within a business context. The report also justifies the use of appropriate legal solutions and recommends alternative approaches to address legal challenges faced by businesses, such as the European School of Business Management.

BUSINESS LAW
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Table of Contents
BUSINESS LAW.............................................................................................................................1
INTRODUCTION...........................................................................................................................3
Task 1...............................................................................................................................................3
P1Descripotion of the various source of law that organisation required to comply with......3
P2 Description about the role and responsibility of government in order to making the law and
its application in the justice court...........................................................................................4
P3 Explanation about the impact of employment law and contract law on the businesses....5
P4 Solution to resolve the disputes of European school of business management................5
P5 Justification for the use of appropriate legal solutions......................................................6
P6 Recommendation for alternative legal solution................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9
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INTRODUCTION
Business law is very significant aspect by which company can protect and keep secure its activities
and functions. In order to get protection and security, business law and legislation can largely assist to any
organisation. In the present time, crime and fraud is continuously increasing in the country so in order to
overcome such act, law and legislation can largely assist (Smith and Malloy, 2013). The present report is
based on the various law and legislation which applied in several case scenario. In addition to this, different
source of law and role of government in law making has been systematically discussed. Furthermore,
employement law and contract law has been also studied with respect of case scenario in this report.
Task 1
P1Descripotion of the various source of law that organisation required to comply with
Business and other law is very important aspect by which business and any other can keep secure and
protect its activities and function. Law is the important system in the country which defines several rules and
regulation which can applicable for the state as well as people. In the absence of law, no one can easily protect
their activities and function. In a simple word it can be said that law is a general behaviour which is imposed
by the political authority in the country (Scholes, 2015). Every country have its own different rules,
regulation, code of conduct and legislation which can imposed upon the countries function, operation and
activities, Every business enterprise have top follow governmental regulation and rule. With assistance of this
law, country government can imposed their decision for the state activities. In the context of UK, there are
major four source of law which are as follows-
 European union law- As per the research it has been founded that UK is the part of European
union so each and every legislation and law which is applicable on the European union is
automatically apply on the UK. However, after the Brexit, UK is free to not follow the rules
and regulation made by the EU.
 Human right law- This is another one of the most significant law which is very important for
the all human being who are living in the country. With assistance of this law, anyone can
easily keep protect themselves and get their rights and precise (Posner, 2014). In addition to
this, with help of this law, human being can get protection from fraud, crime and other illegal
activities and crime. European convention has been developed this law in order to provide
protection and security to all human being who are living in the country.
 Case law- This law has been compile and followed by the England and Wales. In addition to
this, it can developed with help of common law.
 Legislation- Parliament has been created this chief source of law which is very essential
legislation in the legal system in the parliament. In the UK parliament, various principle has
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been performed. It is a body which gives rights to create the law. In the parliament, house of
lord and house of common is major two parties (Lieberman And et.al., 2016). In the house
of lord, there are total 800 memebers which have right to give their vote at the time of making
the law. On the other hand in the context of house of common, 650 members takes active
participation in developing their law and they gives their vote for develop this law.
 Equity- This is another one of the most significant source of law which provides justice and
fair decision to the people (Kinicki and Kreitner, 2012). While any case admit in the court
then judge have to take fair decision in respect to the aggrieved parties. With assistance of
equity, judge can able to take fair decision and help to provide relief to aggrieved party.
 Delegated legislation- In order to delegate law making powers to the execution, delegated
legislation is one of the most significant source of law in the country.
P2 Description about the role and responsibility of government in order to making the law and its
application in the justice court
Government is that body which always protect and keep secure other in the country. In the absence of
government, various activities, operation and function cannot survive in effective manner. Government
participation and interference is very important (Folsom And et.al., 2012). At the time of developing law
and legislation, government plays a very crucial role which plays three functions such as represent the citizens’
interest, maintain and monitors the action and activities. At the time of developing the law, following are some
stage which considered by the government-
 Bill- Bill can start by the common chamber and passed by the lord in the house of common. This is
very essential aspect which is necessary at the time of making the bill.
 First reading- While the bill has been passed by the chamber in the house of common then in the next
stage, bills title is simply read out in the chamber (Disch, 2016). This bill organised in the house of
common. This is very significant stage in the law making by government and in the absence of this
phase it is impossible to develop the law by government.
 Second reading- In this phase, debates can occurred in the house of lord for evaluate the viability and
feasibility of bill. In addition to this, statement can made on the basis of conclusion in the debate. The
final decision related to the bill can take according to the conclusion of debates (Crane and Matten,
2016). In addition to this, voting process can also conducted in this house of common for taking the
decision of law making.
 Committee stage- Committee stage assist in making the decision of making the law for the country. In
this bill can considered line by line and by committees of MP’s or Peer. House of common explains
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the information related to proposal for analyse and assess whether it can assist to manage the
requirement of not (Coffee Jr, Sale and Henderson, 2015). In addition to this, decision can made
according to the detailed examination.
 Third reading-Statement bill can represented by the house of common. In addition to this, in order to
accept and reject the bill in the house of common, voting can be conducted in the house of common.
P3 Explanation about the impact of employment law and contract law on the businesses
Employment law and contract law is very significant law by which parties can get protection and effective
security. As pert the contract law, while between two parties contract develops then parties have right to claim
against the party who break the rules and condition of the contract (Cheeseman and Garvey, 2014). In
addition to this, in the context of employment law, if any employees are not following the rules regulation and
standard which is developed under the industry norm then corporation have right to dismiss that particular
employee from their employment. In addition to this, in the employment law, no company can not use the
information and name which is already exist in the market. In addition to this, the name of the corporation
should not hurt to any community and any other organisation in the country.
However, it is important for the organisation to comply with regulations like, Health and
Safety at Work Act 1974, Employers Liability Act 1969, Equality Act 2010, Contract of
employment act 1963, Unfair Dismissal Act 1997 etc. These are the regulations which helps in
protecting interest of employees. For example if in case a male employee found behaving
mysterious by boss and at the same day the boss finds out that cash is missing from petty cash
book and without any evidence, boss fires' boy. Then in such cases the individual has right to
fight and file complaint against the organisation and boss under Contract of employment act
1963, Unfair Dismissal Act 1997.
TASK 2
Steps taken to register ESBN
 Analysing the need of making firm into private limited company
 Naming of firm for public
 Collecting details like activities of company, registered office address, shareholder
details.
 Preparation of memorandum of association and article of association.
 Filing for incorporation with companies house
 Seeking for approval from companies house
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 Organising first board meting which includes directors for mandatory formalities and
documentation.
 Setting up registers which comprise Register of Directors’ Residential Addresses,
Register of Secretaries, register of Allotments of Shares, share transfers, mortgages &
charges
 Preparation of share certificates for shareholders.
Thus, role of directors in registering companies to record necessary companies details, make
proper documentation, organise meeting to reveal necessary information and to share vision and
values on the basis of which the organisation will further perform functions.
P4 Solution to resolve the disputes of European school of business management
Alternative dispute resolution (ADR) is the best way to settle disputes out of court. It has
specific process for resolving fights between two organisations or individuals. It used for settling
disputes in less time because court consumes lot time and has specific procedure. However, the
fees of Alternate dispute resolving methods are very expensive and under this the fights are
resolved with mutual understanding of both the parties. Apparently it is includes third party
involvement with mutual understanding ad in this process the people are not bound under any
agreement and legal restrictions (Feliciano, 2017). EBSM can resolve its disputes with service
provides, like computer, furniture etc. by implementing the use of this method, as it assist the
company in maintaining its reputation. Further, the Arbitration is an informal process of ADR in
which the third party makes decision for situation ad two of the clients who are fighting have to
agree on the judgement, this concept is taken from Unfair dismissal. On the other hand, it can be
critically evaluated that this process of resolving disputes lack the legal expertise unlike courts
and in this the solutions are not enforceable (Fisher, 2017). On the other hand, it can assist the
management school in saving time and with the help if this process the school can turn situation
in its favour as in this the solutions are evaluated on the basis of mutual understanding of both
the parties (Reuben, 2014). In addition to this the binding and not binding concept of ADR is the
best process as in that concept the third party make its judgement if both the clients agrees on
that than is considered under binding whereas if parties do not agrees than it non binding in
which third party do not give any solution and decision. Hence, it is effective method for
resolving disputes as it assist the school in bringing down expenses and removes the chance of
charges.
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P5 Justification for the use of appropriate legal solutions
The legal solution used in the following case is appropriate and efficient. By utilising the
following legal solutions, the organisation will able to eliminates the legal consequences
effectively and efficiently. As the European Business School of Management considers that
students requires time to time information and legal advices. The other sources, where students
can acquired the legal information are primary and secondary sources (Fisher, 2017). In primary
sources, students can acquire legal information from the lawyers, legal advisors, magistrates, etc.
They have ample of knowledge about the laws and legislation. Thus, students can increase their
level of knowledge effectively and efficiently. Further, these lawyers and legal advisors will
provide precise knowledge for the particular problem. In secondary sources, the students can
acquire knowledge from sources like books, internet, journals or other articles. Thus, it is the
responsibility of the management to established areas where students can access easily and
efficiently (Reuben, 2014). Students can acquire legal knowledge from these sources effectively
and can improve their learnings simultaneously. By accessing various websites, students of the
management school will able to grasp the knowledge efficiently. Reading books, journals and
other articles will help the students to acquire the knowledge effectively and efficiently. Thus, it
is the responsibility of management to develop effective learning areas that provide supports to
students and they can access to the legal information effectively and efficiently (Loafman and
Altman, 2014). Primary and secondary sources will assist the management of business school to
increase the level of students knowledge and learnings. Students can access the legal information
from these sources and improve their legal knowledge. These solutions are appropriate and will
help the students to increase their learning effectively and efficiently. It is the responsibility of
the management to established areas where students can access easily and efficiently.
There care various sources to seek legal advice such as,
Neighbourhood law centres: The Neighbourhood law centre is a legal service society
community clinic which is specialized in various areas of civil and non-family law. This centre
has a well structured staff of lawyers who are well qualified in order to provide free legal advice.
These lawyers also represent their clients in different areas such as -
Employment Insurance
 Canada Pension Plan and Canada Pension Plan Disability Insurance
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 Social Assistance Benefits
 Landlord orTenant and Housing Matters
 Disability Issues
Fee arrangements: The alternative fee set up (AFAs) have been the origin of much debate in the
legal community during the past several years. Some law firms and attorneys have been very
vocal proponents of use them or entirely switching to AFAs whereas others, who seem to be the
majority, still feel uncertain if AFAs will assist their bottom line or reduce their profitability.
P6 Recommendation for alternative legal solution
In order to develop reputation, the European School of Business Management, must implement
various strategies and approaches that will helps them to avoid any legal circumstances. It is
recommended them to hire a legal advisor that will help them and guide them appropriately, so
that management of the school prevents any legal consequences. The managemnt of school
further acquire more information and knowledge about the legal structure of United Kingdom, so
that they can eliminate and avoid legal crises. After Brexit, laws of United Kingdom has been
transformed. Thus, it is recommended to the management of school to acquire effective and
efficient legal knowledge, so that they work effectively and efficiently. European school of
business management should use this method for resolving disputes with the service providers as
it assist the firm in resolving issues in friendly manner with mutual understanding in which no
party has to face loss. Further, it is effective methods which helps the business in resolving
conflicts without any charges of court. The School should use Alternative dispute resolution
process for resolving disputes as it is the most effective method which helps in saving reputation
and time of both the parties involved in disputes like ESBM school and their service providers.
CONCLUSION
From this report it has been analysed and concluded that At the time of developing law and
legislation, government plays a very crucial role which plays three functions such as represent the citizens’
interest, maintain and monitors the action and activities. In addition to this, it has been also concluded that
With assistance of this law, anyone can easily keep protect themselves and get their rights and precise. In
addition to this, with help of this law, human being can get protection from fraud, crime and other illegal
activities and crime.
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REFERENCES
Books and journals
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Coffee Jr, J. C., Sale, H. and Henderson, M. T., 2015. Securities regulation: Cases and materials.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Folsom, R. H. And et.al., 2012. International business transactions: a problem-oriented
coursebook. ThomsonReuters.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Lieberman, J. And et.al., 2016. Business law and the legal environment.
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Scholes, M. S., 2015. Taxes and business strategy. Prentice Hall.
Smith, J. and Malloy, R. ., 2013. Real Estate Transactions: Problems, Cases, and Materials.
Wolters Kluwer Law & Business.
Bird, R. C., 2013. A Great Debt of Gratitude: An Interview with John Donnell. American
Business Law Journal. 50(1). pp.195-200.
Feliciano Jr, S., 2017. Alternative Dispute Resolution. The Catholic Lawyer. 33(1). p.10.
Fisher, T., 2017. Law and Economics of Alternative Dispute Resolution. The Oxford Handbook
of Law and Economics: Volume 3: Public Law and Legal Institutions p.280.
Loafman, L. and Altman, B. W., 2014. Going online: Building your business law course using
the Quality Matters Rubric. Journal of Legal Studies Education. 31(1). pp.21-54.
Reuben, R.C., 2014. Constitutional gravity: a unitary theory of alternative dispute resolution and
public civil justice. Ucla L. Rev.. 47.p.949.
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