Business Law Report: UK Business Law, Legal Solutions and Issues

This report provides a comprehensive overview of business law, addressing key aspects such as the sources of law, the role of government in shaping and applying laws, and the effectiveness of the legal system in the context of current developments. It delves into the impact of company, employment, and contract law on businesses, examining the desired effects of regulations, legislation, and standards. The report also explores legal solutions for business problems, justifying the use of suitable legal approaches and analyzing their positive and negative impacts. Furthermore, it determines the use of suitable legal solutions compared to alternative legitimate advice and offers recommendations based on district country systems, evaluating the effectiveness and potential pros and cons of these suggestions. The report is structured into four tasks that cover different aspects of business law, including the development of legal solutions, regulations, norms and rules which directly impact on various acts developed by legal authorities.

Business Law

Table of Contents
INTRODUCTION ..........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Sources of law and particular law that organization must comply with................................1
P2 Role of government in law designing and its application in justice court.............................2
M1 Effectiveness of legal system in terms of current changes and developments.....................5
D1 Critical evaluation of legal system and law..........................................................................5
TASK 2............................................................................................................................................6
P3 Impact of company, employment and contract law upon business.......................................6
M2 Examine the desired impact of regulations, legislation and standards.................................7
TASK 3............................................................................................................................................7
P4 Legal solution for business problems....................................................................................7
P5 Justification for using suitable legal solutions.......................................................................9
M3 Positive and negative impact of legal solutions to business issues....................................10
D2 Determine the use of suitable legal solution in compare with alternative legitimate advice
...................................................................................................................................................11
TASK 4..........................................................................................................................................11
P6 Recommend legal solution based on district country system..............................................11
M4 Effectiveness from suggestion............................................................................................12
D3 Pros and cons of recommendation......................................................................................12
CONCLUSION..............................................................................................................................12
REFERENCES .............................................................................................................................13

INTRODUCTION
Business law consist of different norms, rules, acts, regulations and amendments which
mainly applied on the corporate world at the time of smoothly running of business. This will
support in different manner such as protecting innocent customers and exploitation on seller's
activities. The main motive of this legitimate authority is to develop that country where no
unlawful functions are conducted in order to maintain the harmony and peace in every place. The
assignment is mainly addressing different laws that is used by corporate organization while
organizing business activities in proper manner. The report is divided into four parts for
determining legal solutions which can be used by company to solve major issues and problems
that will occurs in an enterprise (Kariyawasam and Low, 2014). In addition to this, an effective
memo is designed for analysing the appropriate suggestion to required people. The main purpose
of this project is to understand various region of law that includes method of designing law,
regulations, norms and rules which directly impact on various acts developed by legal
authorities.
TASK 1
P1 Sources of law and particular law that organization must comply with
Law define the common rule of human behaviour in state. It applied to all country people
and states. The source of law are point of legislation, developing regulations and rules that help
in governing the specific region. Main source of governance in the UK is a common law,
administrative legislation, case law, etc. The main roles and responsibilities of the company is to
perform various activities by following all rules and legislation in better manner. English system
is the process of measurement system which can be used in various nations. It is the common law
legal system of England and Wales that comprising in criminal and civil law and its each branch
has separate court and procedures. The United Kingdom parliament formulate legal bodies which
are play an important role in reducing the illegitimate activities which occurs in the workplace
(Kraakman and Hansmann, 2017). Their main objective is to protect common public from
exploitative functions that can restraint their regular life different way. Along with this, it is
helpful for whole corporate world in several manner that includes protecting against violence by
implementing various legal laws at the marketplace, reducing child labour activities from
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workplace, law and regulations that are promoting various products in the society and
formulating the community by providing best opportunities.
Therefore, it can be examined that company need to consult with various sources while
making effective acts for people development and also going through specific procedures. There
are different methods of laws which are described as under:
Constitution – In every country, there are separate fundamental law that has to be
designed on the basis of specific terms and conditions for providing equal rights to the general
people. It is also called as constitution law of nation that is mainly divided into different sections
for evaluating a person's behaviour and needs (Macaulay, 2018). Along with this, it will assist in
examining the demand of people and fulfil according to the legal act. For example, there are
various general laws such as employment law, safety law which are designed by constitution
because they are necessary for common people living.
Case law – According to this source, it is evaluated that there are huge number of cases
that occurs in the workplace due to happening of issues and problems that can affect on people in
different manner. Therefore, it has been analysed that judgement of past cases help in dealing
with complicated case by providing right direction. The legal authorities are developed for
making suitable law which is based on some acts in order to overcome with issues or problems.
For example, as per making judgement of Aslam and Atif case, court judge are taking reference
from the previous cases before giving any decision because this will help in making appropriate
decision in easy way.
Executives – The higher bodies of authorized team are also known as executives like
president and other government officers who involves MPs, MLA and so on. Apart from this,
corporate executive is considered as origin of law because they are liable for formulate any
beneficial legal bodies. In addition to this, final approval of legislation is provided by them and
officers are determined for getting their permission for acquiring maximum opinions or views
regarding particular area (Means, 2014). For example, if there is any major argument held
against certain current topic such as harassment so executive are right is to make a law regarding
such crimes as per the demand of common people.
Primary legislation – It is the common term which is used for describing the main laws
which passed by the legislative bodies of the United kingdom. This is also known as statutes and
it is the legislation which enacted by Parliament.
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Secondary legislation – It is also called as delegated legislation in which all the forms of
legal laws are not Acts of Parliament. This is similar with the administrative law in the United
States. Secondary legislation includes regulations, directives and decisions by councils or
commissions. It is made by bodies under the authority of parliament and they take the form by
laws, statutory technique and order of council.
EU law – It is a system of law which is specific to the 28 members of the European
union. The decision to join with EU define that in some instances, united kingdom passed the
power or authority to the Europe for develop a laws in some defined areas. EU is essential
because it make sure about large number of population should be treated in equal manner.
Superiority of Parliament – In every country, parliament is the supreme law developing
body which make regulations, rules, norms, etc. for the welfare of people. It is the supreme law
as parliament is sovereign, so legal law is passed by parliament which is superior with all other
sources of law.
P2 Role of government in law designing and its application in justice court
In every nation, government will play an essential role in developing legislation and their
execution are useful for community, people and business organization. The member of
parliament's main duty is to develop various laws and legislation because parliament has ability
that can be used by members for protect their country from various criminal activities.
Parliament is the main body of the legislative bodies in the UK. As per the scenario, the client try
to understand English legal system and need to acquire depth information or knowledge about
legal system. House of Lords and House of Commons are formulated parliament effectively. At
the time of making legislation or policies, firstly they need to take permission of member of
parliament before presenting proposal in front of assembly. Law making is the procedure of
legislation which develop legal rules for providing accurate direction for smoothly running of
business operations and its functions (Posner, 2014). It can make modification according to the
situation occurs in given time period. Along with this, there are different steps which is required
to follow for formulating legal law by taking views of member of parliament. These steps are
described as follows:
Problems arises on agenda of authority – UK government is elected by the country
people. In this, there are different issues which describe the agenda of authority so it is important
for them is to highlighted with the help of member of parliament as well as House of Lords. It
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assist in solving major problems that are associated with legal system. The House of Lords and
parliament perform their duties and roles along with objective of developing law for taking
support of government.
Opinions regarding eliminating issues – In this, the role and responsibilities of hose of
lords and parliament is to provide appropriate solution of related issues of bills that are proposed
by authority.
Reference of concerned individual – This includes collecting required advise and
opinions of different experts which help them in evaluating issues and carry out effective
solution for designing a bill (Robson, 2015). This includes providence of two papers that
includes:
Green paper – It define as pro-forma of bill which is proposed by government bodies. It
involves various rules and regulations that is made by authority. This type of bill is present in
front of parliament which main aim is to getting consent of assembly members. They have right
to present their opinions and views regarding bills and this may required suggested changes for
making law in more successful way.
White paper – This is the document that consist accurate data and information along
with necessary solution given by government as per providing right direction from experts and
professionals.
Cabinet minister takes proposal forward – This step includes selecting best bill of
proposal. For sanction such bill, it is necessary to vote in favour of majority people of legislative
assembly. After passing of bill, it further passed in committee that are fully authorised for
making draft of law (Rutledge, 2014).
Proposals are develop into bills – After that, they are taking approval from cabinet
regarding bill, the minister have power to make a guideline so they can easily executing under
the bill. For this, they are appoint lawyers and experts for carry out essential principle from the
passed proposals as per the providence of authorities and it also provide into detailed legal laws.
Parliament consider and scrutinizes bills – This includes a procedure of scrutiny and
consider the member of parliament and house of lord.
Parliamentary stages- It involves various steps which need to be followed by the
parliament members.
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First reading – In this, the described principle of bill are reading and distribute such
copies to all the members of parliament.
Second reading – In this stage, discussion among MPs about the rules which are
mentioned under the bill and complete with conducting voting in favour or against of proposed
bill. Then the bill is passed through house of lords to other stages if bill is making any
controversies.
Committee stage- In this step, required alteration are suggested by commission after
presenting the bill. House of lords are taking participation in these stages which give vote for
proposed modifications.
Report stage- In this, united alterations are communicated with all the member of
parliament and it provide an ideas and opinions to them for any further changes which are
develop proposed bill better.
Third reading- It is the last step in which bill are passing after some discussion and
debate conduct as per the principles of bills and finally voted.
England statutory comprise Parliament Act which is one of the most authorized
regulation. Both statutory and common law are implemented on justice authorities. These are
described as under:
Common law – The legislation involves with making new decisions that are developed
by justice court. Along with this, decisions are formulated in the form of judicial representative
and appellate courts. It is based on principle and custom of community that can be used by court
while giving case decision in various situations (Vagts and et. al., 2015). Such decisions set a
preceding which can be applied for the future cases in same manner.
Statutory law – This is the formal authority of legal system that involves written law.
Along with this, it is that law which is created by authority for smooth running of legislative
procedures. This law is also known as administrative and regulative laws which are passed by
executive agencies, common law and is developed by prior court judgement. On the other hand,
this legal law allow judges for making decision as per the review of previous cases in suitable
manner.
There are various types of government agencies which has major rights to issue the
statutory legislation. Basically, court judge decisions are mainly depend upon statutory and
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common law. In this, judges will incorporated case preceding and written statue while issuing
ruling.
How statutory and common law is applied in the justice courts:
Parliament develop the laws but it is the roles and duty of court for interpreting the
parliament. They have to measure creation and discretion power in this manner where they
interpret the legislation. In the case law, Judicial precedent refers to the procedure in which
judges are follow past cases for making decisions. Doctrine of precedent is mainly concerned
with decision related to the earlier cases which applied in the subsequent cases. Most of the cases
are similar facts which are treated as same by the judges while making decisions. The decision
made in the higher court level so this can carry out higher weight for bound the courts but still
supreme court decision are most binding. It will help in providing uniformity and predictability
in the law. On the other hand, judicial decision is the form of legal opinion and ideas written by
court judges or judicial panel assist in resolving major conflicts and disputes that help in making
appropriate decision.
Classification of courts:
Criminal and civil courts – In this, criminal determine innocence or guilty as per the
criminal law and it dispense punishment accordingly. Civil mainly deal in solving major disputes
between individuals and giving appropriate remedies.
Trial and Appellate courts – Trial court is also known as district courts and in this cases
only affect the people who involved in the case. On the other hand, federal appellate courts also
called as courts of appeals and cases can be appealed to the supreme court.
Superior and Inferior courts – A superior court is comparative to the court with the
limited jurisdiction that is confined to civil cases which involves monetary amount of specific
period. The superior court can hear the request from lower assembly. The inferior court is the
court of limited jurisdiction which should be appear in the face of their proceedings.
Civil courts – Hierarchy
 Supreme court
 Court of Appeal (Civil)
 High court
Criminal courts – Hierarchy
 Supreme court
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 Court of Appeal (Criminal)
 Queen's Bench (High court)
 Crown court
 Magistrates court
Court are developing various legal laws, rules and regulations for the need of common
people. They are make legislation for managing and maintaining whole country systems in the
proper manner. After that, they provide effective remedies to the not guilty people and sanction
are penalties or other means of enforcement which can be used for giving incentives for
obedience with the law along with major rules and regulations. In the criminal sanctions, they
can take form of serious punishment which includes corporal, capital finance, severe fines
imprisonment. It can be seen that parliament is the supreme law which develop body in the
country. This is the ultimate law as a parliament of sovereign so legislation passed by parliament
is superior than the other sources of law.
M1 Effectiveness of legal system in terms of current changes and developments
Legal system is effective in which they need to make proper changes and development of
nation. In this, court judges does not bias and conduct fair proceeding that involves identifying
prevailing value of society and common rights of a person. Along with this, it will play an
important role in their current development and make changes in their legal rules or regulations,
beliefs and norms that are adopted and is used by different business concern for developing
healthy and friendly surroundings (Vagts and et. al., 2015). In this, legislation is useful for
making appropriate modifications in the nation' development and increasing rate of growth.
D1 Critical evaluation of legal system and law
As per the above described sources of law and role of government in making appropriate
decision which is equally accompanying with each other. This law can be enforceable in this
case which can be passed by house of lords. The common law has power to protect a person
from such type of dishonourable matters. It can be seen that most of the cases does not resolve in
case so they need to solved it by using accurate legal policies and strategies. An individual need
to follows all the legal terms and conditions which are made by authorities in order to protect
their dignity.
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TASK 2
P3 Impact of company, employment and contract law upon business
The corporate world require to follow various important legal laws which help in
managing probabilities of unlawful activities. Therefore, contract, employment and company law
has mainly impact on business operations and its functions in different manner which are
described as under:
Employment law – There are various acts, rules, regulations and norms that can be used
by firm for protecting their employees rights and responsibilities. For instance, under the
employment law each worker has entitled with certain terms and conditions that includes equal
remuneration act, equality among all staff member, equal pay act and so more. Along with this,
before appointed a candidate by organization they require to design an effective policies and
plans for the betterment of staff (Allen, 2017). This will help in promoting retention of
employees at workplace and it maintain the optimistic relation among workers and top
management. It can be analysed that employment law affect every business concern because
company directors require to design their firm plans and policies as per the demand and
requirement. As per this case study, Chukwuyedi has right to go anywhere and also talk to
anyone, Adebonojo does not force him what to do as a owner. Chukwuyedi belongs to Lagos
area and he has personal life so he can survive with his own choice and talk to anyone.
Adebonojo does not force Chukwuyedi is to serve or treat anyone who belong to Lagos area. By
this, he refuses and resign the job due to lack of freedom in the organisation.
In this section, Adebonojo does not provide equal right to the Chukwuyedi but he forced
him to not talk with the Nigeria people because they are not deal with him in proper manner. As
per the Equality Act, 2010 they need to prohibit the racial discrimination in the work place.
According to this situation, Adebonojo has no right to said with Chukwuyedi who are belongs to
the same village where their manager are go and does not treat good. Chukwuyedi need to know
that when someone treat him badly because they complaint about discrimination to the higher
authority.
According to past case of “James v Eastleigh BC [1999]” in which the council provide
free swimming services or facilities for the old age pensioners. The qualifying age was 65 for
men and 60 for women. Due to 61 age, Mr James would receive the same free swimming
facilities as his wife. As per this case, they are divided the category of people who are under the
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age of 65. On the other hand, “Weathersfield v Sargent [1999]” in this Mrs Sargent get a job at a
Weathersfield for hire a car company. She told that firm which has special policy regarding
coloured or Asian people and she was horrified by this policy and resigned. In this, they are
claimed constructive unfair dismissal for race discrimination. Along with this, constructive
dismissal occurs when employee resign as per this resultant manager developing hostile work
surroundings. In the case study of Chukwuyedi, he need to claim constructive dismissal and have
a claim under the Equality Act, 2010.
Contract law – In this, agreement means a formal contract between two parties on the
basis of legal terms and conditions. There are different types of contracts which are incurred at
the workplace such as signing of new project with competitors, appointing new workers,
businessperson and various other things in which company are get involved in contract.
Therefore, it is required for company is to determine different components of agreement that
includes offer and acceptance, absence of minor, contract among both parties and required terms
and conditions (Baporikar, 2015). If there is lack of such elements, so firm can determined this
as a legal issues and it occurs chance of fraudulent activities for future time period. Thus,
contract law assist company for acquiring free from various issues that maintain the formal
relation with the third party. According to the case scenario, Adebonojo has introduced a new
export and import department in West Africa where he sells £200 per container. Bob offer him to
purchase 7 container at the rate of £1400 and he accept the offer. But Bob breach the contract
due to delay in delivery of products in given time period.
As per the Consumer Rights Act 2015, the goods should be satisfactory in quality. In
order to ascertain the goods are a satisfactory quality that includes description of goods, price,
appearance, safety and durability. The delivery of goods refers to providing possession of
commodity to the consumer in which they does not refer to the situation where products are
dispatched to the consumer. Such rules and regulations replace the default requirement under the
Sales of Goods Act for delivering goods at affordable time.
According to section 28(3), there is an agreed time period where contract is to be treated
as certain terms which should be follow by trader for delivery of goods. In this case, Bob provide
offer to the Adebonojo but he is delay in delivery of product after 30 days so this will treated as
breach of contract. This situation directly impact on business growth and development in
effective manner.
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