BTEC Business Law Report: Legal Systems, Businesses and Regulations

This report delves into the realm of business law, providing a comprehensive overview of the UK legal system and its profound impact on business operations. It commences with an examination of the nature of legal systems, exploring statutory and common law applications within the court system, while also analyzing the role of the government in shaping business law. The report then assesses the effectiveness of the UK legal system in reformation and evaluates its overall strengths and weaknesses. Furthermore, it explores the practical implications of law on UK businesses, specifically focusing on the effects of employment and contract law. Various legislations and regulations affecting businesses are discussed, followed by a critical evaluation of the legal system. The report also covers the different types of businesses that can be legally formed, and concludes with insights on dispute resolution within the UK legal framework.

Business Law

Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
Nature of legal system.................................................................................................................3
Application of Statutory and Common Law in Law of Courts...................................................3
Role of Government....................................................................................................................5
Effectiveness of UK Legal System in Reformation....................................................................5
Evaluation of Legal System of UK..............................................................................................6
TASK 2............................................................................................................................................6
Impact of Law on UK Businesses...............................................................................................6
Employment and Contract Law effect on Business.....................................................................7
Different Legislation and Regulations Impacting business.........................................................7
Critical Evaluation of Legal System............................................................................................8
TASK 3............................................................................................................................................9
Types Of Business That Can Be Legally Formed.......................................................................9
Task 4.............................................................................................................................................11
CONCLUSION..............................................................................................................................14
REFERENCES..............................................................................................................................14

INTRODUCTION
Business Law Business the entirety of the laws that direct how to shape and maintain a business.
This incorporates the entirety of the laws that administer how to begin, purchase, oversee and
close or sell any kind of business. Business laws set up the principles that all organizations ought
to follow. This report consists of legal system and its impact on business by giving illustration of
various common and employment laws. Along with this, it also includes the formation of
businesses along with their advantages and disadvantages and also the reforms and legislative
solutions for settling up any disputes arose if any in the organization.
TASK 1
Nature of legal system
Legal system generally includes the rules, regulations, procedures through which various private
and public ventures can be undertaken by various legitimate means. This system also helps in
finding out various means to interpret and enforce the law time being in force by mentioning the
responsibilities along with the rights to the people. The main purpose behind the setting up of
this system is to provide a mechanism which is proper, systematic and orderly in manner so that
it can help the general public in resolving their issues coming out from the disagreements in their
day to day business activity. And for this the system needs three important elements which
includes adjudication, execution and legislation.
Sources of English Law
The most important source of English law can be formed by four ways which are as follows:
 Legislation
 Common Law
 EU Law
 Custom (Generally it is not discussed since the common law and legislation has mainly
incorporated the traditions and custom.
Application of Statutory and Common Law in Law of Courts
It is found that Parliament is the only supreme law-making authorities and all the laws created by
Parliament starts as a Public Bill or Private Bills. These Bills (public) are generally brought
forward by the government Member of Parliaments and affects the general public. On the other
hand, Private Bills which affects the general public or any area or a locality are brought forward
by non-governmental MPs. The Bill only becomes law or legislation after receiving the Royal
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Assent for which it has to go through several stages which includes; Readings at various stages,
Committee stage, Report stages, and the final stage of Reading so that any amendments required
can be made before representing it to the House of Lords.
Statutory Law mainly comes from authorities and body of persons authorized by Parliament for
enacting laws. The delegated law must come from a stable and should be consistent with a
‘parent’ act from which it is coming. And also the Legislation has right to change, consolidate,
amend or codify the enforcing law.
For law making Common Law also plays an important role. Through thorough interpretation of
the statutes, the courts can also create new laws, which must cover all the aspects of various
circumstances that might occur.
Court has to interpret the statute through the precedents and the judgments being stated by the
courts of law in the earlier cases. And the rules and Principles in the already decided cases are
being used in the upcoming future cases so that the decisions can be accurate and consistent with
the cases facts and laws time being in force. As per the case of Carlill v. Carbolic Smoke Balls
Company Could offers be available to people in general when all is said in done? Can a general
offer lead to an agreement? For this situation, an organization completed commercials about their
item, carbolic smoke balls, that guaranteed that any individual who took the smoke balls in the
endorsed way (i.e., multiple times day by day for about fourteen days) won't get flu. In the event
that somebody does, the organization vowed to pay 100£ to them right away. To show their
earnestness with respect to this offer, the organization stored a whole of 1000£ in an open bank.
Presently, the offended party, Carlill purchased the smoke balls and utilized them as endorsed in
the commercial, yet at the same time wound up getting seasonal influenza. She documented a
suit for the recuperation of 100£ as guaranteed in the commercial.
The organization denied the installment saying there existed no agreement among them and the
offended party. It was held that an agreement appeared between the offended party and the
organization when the offended party purchased the smoke balls and utilized them as endorsed.
Law is also being created from the human rights law. The European Communities Act 1972 was
being enforced and passed to make the EU law as a basic part of various British laws.
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Role of Government
The government of UK plays an important role in making laws along with the parliament. The
sole responsibility of government is to manage the day to day working of the country in a smooth
way and deciding the laws, roles and responsibilities of the public, setting taxes, etc. So that the
best can be delivered to the nations public.
Common law can be defined as the law which has been developed through the old preceding
and rulings by judges in various cases and on the other hand the Statutory laws can be defined
as the written laws which are mainly passed by the legislature and also country’s government
which is also being accepted by the general public and the society.
A judge generally refers to the cases which are already decided in the past and the judgments
being rendered by them are used in the current case as the basis. Therefore, the court of judges
while presiding over a particular case, most of the time refers to their past decisions so that
they can reach to the final decision. Also, when there comes some new or unique case before
the court of law, the decision passed by the judges may becomes the new law for time being in
force.
Various government agencies are responsible for passing the statutory laws, which includes
federal government, state government, also the other authorities and bodies of government
responsible for making ordinances. In general, the new laws are made to sort out the problems
and needs of the general public which are outstanding before the court of law and to amend the
old law accordingly.
Effectiveness of UK Legal System in Reformation
Law change is an idea 'dear' to governments. Changes are in every case high in political plans
also, are regularly a definitive confirmation of effectiveness for governments.
 A goal (and to some degree skeptical) spectator would recognize various kinds of Law
change: precise change from one perspective, with clear objectives, degree, assets and
time periods; and specially appointed and irregular changes communicated through
changes in enactment or establishments however in actuality spurred by general
assessment, pressure gatherings and/or the media as opposed to a reasonable and
recognizable requirement for change.
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 Powerful enactment is the aftereffect of complex mechanics in the conceptualization,
structure, drafting, authorization, and execution of the law. This requires procedures and
foundations for administrative administration and apparatuses to manage authoritative
plan, drafting and usage.
 These apparatuses can be helped by an adequacy test, a coherent exercise that looks at
the extraordinary highlights of existing enactment and enactment being planned, taking
into account how the reason, the structure, the content, and the consequences of things to
come planned law are adjusted and consistent.
Evaluation of Legal System of UK
There is in truth no exact method of characterizing the field of legitimate change in a nation
which, as far as apparatus and procedures, presents unique issues specifically noteworthy to legal
advisors. In any case, a working meaning of law change for the motivations behind this article
may be: changes in the law which, regardless of whether they include major political, financial
or social inquiries, are taking into account their legitimate intricacy probably not going to be
acknowledged without exceptional institutional procedures.
A remote eyewitness should, in this association, remember that the Parliamentary technique in
the United Kingdom has not created, to a similar degree as in some different nations, an
arrangement of specific councils under which a legitimate advisory group. For instance: presents
to the entire Chamber a predigested and sorted out contention for a specific venture including
significant changes of the lawful framework.
It might be, in this way, that the advancements considered in this article have just a restricted
significance outside the United Kingdom and other nations of the Commonwealth which pretty
much follow its Parliamentary example. It is trusted, in any case, that a few parts of the United
Kingdom experience both as respects the substance of changes in law affected or thought about
and in regard of the procedures created might be of general intrigue.
TASK 2
Impact of Law on UK Businesses
It is likewise imperative to realize that the legislature can change the principles and guidelines
concerning organizations occasionally. Subsequently, to be on the acceptable side of the law,
guarantee that you are in the know regarding your administration laws.
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Employment and Contract Law effect on Business
For the Employment Law U.K. has various government and state laws and guidelines with
respect to worker rights and manager duties. These laws spread four general classifications:
• Discrimination
• Fair pay
• Employee protection
• Safety in the working environment
Different government offices authorize these laws including the Equal Employment Opportunity
Commission (EEOC), the Department of Justice (DOJ), and the Department of Labor (DOL).
Independent ventures are excluded from a portion of these government laws, however as an
administrative contractual worker or subcontractor, you should stick to certain particular laws. A
working information on business laws will assist you with maintaining a strategic distance from
potential legitimate traps.
Agreement law has in excess of an effect on business, it is an inalienable piece of it. Most
business connections are (or ought to be) formalized through agreements. By and by, this implies
when A and B, or A business and B business, or A business and B, (etc) consent to working
together, they will consent to specific terms. These terms will frame the premise of the
understanding between them. Despite the fact that agreements can be framed orally, it is
acceptable practice to carefully record the details of an agreement. You will locate that most
agreements start orally and are transformed into composed agreements.
For instance, Business X consents to flexibly a product to Business Y, for a particular length, at
a particular cost. Initially, they will meet to concur (or deviate) on what the provisions of their
understanding involves, and afterward once there is by and large accord, the arrangement will for
the most part proceed recorded as a hard copy, until all the particulars of the agreement are
settled upon. When this is accomplished and the agreement is marked, it will shape the premise
of the connection between Business X and Business Y.
Different Legislation and Regulations Impacting business
The rules and various regulations which may affect the businesses in UK:
Change in business laws implies changes in the manner in which organizations work. Tax
collection arrangement is one the administration approaches that influence organizations
straightforwardly in light of the fact that tax assessment depends on the measure of cash earned
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by all organizations. For instance, increment in organization charges which center around the
organizations benefits has an impact like increment in costs. Tank (esteem included expense) is
additionally an assessment approach as in case of Levy & Glicksman, 2011 it was held that it
will influence the base line, although in many governments VAT, is an expense on the purchaser
and not the entrepreneur.
• Business laws influence boss to representative connections and the other way around. For
example, it is required for managers to follow government guidelines with respect to the manner
in which they treat their representatives and their employing system.
• When it comes to worldwide exchange, business laws are forced concerning global exchange
duties. Such standards and guidelines are exacting on the sort of items going in and out
universally. The worldwide exchange rules and guidelines additionally uphold rules on the
gatherings that should partake in global exchange.
• Lastly, governments force business rules and guidelines to guarantee that all organizations are
run in accordance with codes of morals, great wellbeing and security of the purchasers. In any
case, all things considered, comprehend that business laws contrast by state, territory or nation.
What's more, despite the fact that it is a serious test to know all the guidelines that apply to your
specific line of business, it is significant that you improve to speak to you. A business attorney is
in fact the ideal individual to guide you towards progress and benefits without violating the law.
Additionally, organizations that is available to the open should be affirmed by the administration.
Furthermore, for your business to be affirmed, a permit or license is given. Thusly, before
opening up a business, guarantee that you get a permit and option to maintain the business.
Critical Evaluation of Legal System
The law floats irresolutely among simplification and disposition. Its all inclusive statement is
exemplified by its overwhelming dependence on rules, on point of reference, and on different
standards, sayings, ordinances, and different vehicles of sweeping statement. In any case, the
law's identity shows itself in, for instance, the general concept of customary law technique, in the
calls to put forth choices each defense in turn or on the realities of specific contentions, and in
the hesitance of the law of proof to permit past practices to be utilized as confirmation of current
conduct, anyway epistemically and probabilistically sound such a game-plan might be.
Law's appearing hesitance to permit commentators authoritatively and straightforwardly to assess
the past choices of the people and organizations they are evaluating mirrors this inner conflict as
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in case of O’Neill v Jaeger Retail Ltd UKEAT/0026/19/RN. By taking a gander at the specific
choice under audit, and not adjusting the stance of survey based on a past filled with choices,
looking into courts and other checking on organizations epitomize the particularism that is a
huge piece of the American legitimate convention. Be that as it may, all inclusive statement is
likewise a generous piece of the legitimate convention, both in the USA and somewhere else. In
practicing audit without adjusting considering the reviewee's history, assessing establishments
pick a type of particularism over consensus, yet over exactness also. In some audit situations that
might be the correct decision to make. However, in others such as case of Lowri Beck Services
Ltd v Brophy [2019] EWCA Civ 2490 it may not be, and it isn't unrealistic to recommend that,
now and again, law may have in any event a little piece to gain from foundations, for example,
TripAdvisor.
TASK 3
Types Of Business That Can Be Legally Formed
There are various sorts of organizations to browse while framing an organization, each with its
own legitimate contrasts. Normally, there are four principle sorts of organizations: Sole
Proprietorships, Partnerships, Limited Liability Companies (LLC), and Corporations. Before
making a business, business people ought to explain what is imperative to them when
maintaining their business. Sole Proprietorship : A sole ownership is a unincorporated organization that can be
possessed by Mr. Mc Jones as it were. While it is the most straightforward of the kinds of
organizations, it additionally offers minimal measure of security for the proprietor. In
contrast to associations or companies, sole ownerships don't make a different lawful
personality for the business. Basically, the proprietor of the business has a similar way of
life as the organization. A business visionary may pick this alternative on the off chance
that they need to hold full control of the organization. Partnership: As the name expresses, an association is a business claimed increasingly at
least two individuals, known as accomplices can be started by Mr. Mc Jones. There are
various kinds of organizations: general associations, restricted associations, and
constrained obligation organizations.
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 Constrained Liability Company (LLC): Constrained obligation organizations (LLCs) are
one of the most adaptable sorts of organizations Mr. Mc Jones can adopt. LLCs join parts
of the two organizations and enterprises. They hold the tax reductions of sole ownerships
and the restricted risk of organizations.
Management and Funding of Organizations
Legitimate budgetary and management administration is the foundation of any business.
Corporate Finance Institute offers assets that will assist Mr. Mc Jones with extending your
insight, advance your profession, and deal with the financials of your organization and also
managing the day to day activities.
Assets the board—likewise alluded to as resource the executives—covers any sort of framework
that keeps up the estimation of a substance. It might be applied to impalpable resources (e.g.,
licensed innovation and generosity), and unmistakable resources (e.g., gear and land). It is the
methodical procedure of working, sending, keeping up, arranging, and redesigning resources in
the most cost-proficient and benefit yielding way that could be available.
Advantages and Disadvantages of Different Business Types
Sole Proprietorship
 Advantage: It is a moderately simple and reasonable procedure to set up a sole
ownership. There are likewise tax reductions as salary is viewed as the proprietor's very
own pay and accordingly just burdened once. At last, there are not many guideline
prerequisites for sole ownerships.
 Disadvantage: But on the other hand, it also comes with drawbacks, such as fulfilment of
various requirements stated by law.
Partnership Advantage: Like sole ownerships, organizations can exploit move through tax collection.
This implies the salary is treated as the proprietors' salaries so it is just burdened once. Disadvantage: It may, proprietors in organizations are at risk for the liabilities of the
firm. Be that as it may, there are a few subtleties to this.
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Limited Liability Company Advantage: LLCs can pick between various expense medications. For whatever length of
time that the LLC decides not to be treated as a C organization, it holds its move through
tax collection status. Disadvantage: In case of bankruptcy or death of the owner the company also gets
dissolved.
Reviewing the Formation of Various Companies
Assess intends to decide something's criticalness, worth or worth. Like a math issue, realities
in business should likewise be assessed utilizing a fixed arrangement of models that will
prompt an answer. In contrast to correct arithmetic, an assessment in business may prompt a
nearby estimate of an answer. Therefore, Mr. Mc Jones should adopt the sole proprietorship,
as it would be more profitable for him and also it comes with least disadvantages with it.
Task 4
Case 1
As per the case it has been identified that’s Sarah was a secretory more than 5 years along with
pleasant personality have been get disturbed after losing her divorces fight. This have turned out
to be gradually decline in the working performance as the change of the nature have been turned
out to be more level of irritable. There have increase level of difference in opinion regarding the
personal level of annual review of Sarah.
The performance of the Sarah has been noticed to have the sever level of deuteriation as
the use of unacceptable language among the trainee manager. As per the behaviour of Sarah did
not improve and once again, she insulted a junior secretary during lunch in the canteen. Hence,
it have been identified as the more level of need to include the legal procedure against the Sarah
as their behaviour does not improve her services should be terminated.
As the Sarah situation, suspension have been legal in the workplace in relation to have
disciplinary action for the serious step and providing the legal level of precedence which have
the underpinning their key level of questioning that’s is been face by the HR practitioner. It is
clear to have the spending the when the instances have been placing in investigation have clearly
taken place.
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The situation is such as the relationship have been broken down along with in gross in the
misconduct cases. The next situation are risks to employee’s or the company’s property or
responsibilities to other parties.
In addition, there can be more level of reasonable grounds for the different level of concerns
with the evidence to have major level of reasonable grounds which have evidence to be such as
loss in tampered along with destroying an witness more level of pressurises before the
respective meeting.
As per the clause the respective information is tending to be given as the vent of clause is been
included that the enquires will be made in the alleged level of misconduct for the which is been
alleged to be in the employer have the confined in making the proper level of investigation in
permanent manner.
On the other hand, the HR have too look after the proper consideration as the as an employer
doesn’t have the power in order t get suspended as the part of disciplinary process unless the
situations have this expressly said there in confined ay of contract of employment. On the other
hand HR can have the proper level of look out to have the major level of alternative succession
you take the action which is alternative to suspension s which can be such as the short period of
leave long with transfer of the other duties in respective manner. Hence The suspension is a
neutral action and is not a disciplinary sanction. The purpose of the suspension is to allow the
investigation to be conducted fairly
Case 2
As per the case the peter Romanov is Russian business man who was importing their high
quality of vodka for the past a decade with smooth level of maintain over the relationship. as per
the agreed level of condition, it have been noticed that’s their price for each export order had
been agreed between the parties about 3 months prior to delivery and always confirmed in
writing via email.
As in the case, it has been identified that In September and October pound displayed significant
fluctuations in exchange rate markets and generally was declining in value due to the
unpredictability of the result of the ongoing Brexit negotiation between the UK government and
the EU. As there is the situation which have clearly identified as the major level of mistake
which is down in the case as tit have been purely clarified that’s the price of export will be
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discussed 3 months prior the delivery of good. But the peter has the informed the price by
changing the currency in rubbles in the place of sterling pound by jus informing to the part.
On the other hand, the other part has failed to recognize the mail and peter have sent the goods
with the confirmation regarding the descriptive exchange rate.
Hence the breach of the contract has taken place which is the court ordered he breach of the
contracts which is punish ether breaching party but have the returnee t the level of injured
position. This has been acted as their partial breach or provide some immaterial provision of the
contract, may allow the aggrieved party to sue, though only for “actual damages.”
The one have the warrants to the filing the lawsuit which must have acted as the value of
contracts which have been the outcome of the agreements in the way to fundamentals level of
achievement as the aggrieved party have the proper level of right to terminate the contract.
There can be achievement of the Actual Damages in which Money awarded to compensate
someone for actual monetary or property losses. Also referred to as “compensatory damages,”
the amount of money awarded is based on the proven loss, injury, or harm proven by the
plaintiff.
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CONCLUSION
From the above file it have been concluded that Legal system helps in finding out various means
to interpret and enforce the law time being in force by mentioning the responsibilities along with
the rights to the people. Therefore, the court of judges while presiding over a particular case,
most of the time refers to their past decisions so that they can reach to the final decision. Also,
when there comes some new or unique case before the court of law, the decision passed by the
judges may become the new law for time being in force. Despite the fact that agreements can be
framed orally, it is acceptable practice to carefully record the details of an agreement. A business
attorney is in fact the ideal individual to guide you towards progress and benefits without
violating the law. In any case, the law's identity shows itself in, for instance, the general concept
of customary law technique, in the calls to put forth choices each defence in turn or on the
realities of specific contentions, and in the hesitance of the law of proof to permit past practices
to be utilized as confirmation of current conduct. the legal level of precedence which have the
underpinning their key level of questioning that’s is been face by the HR practitioner. It is clear
to have the spending the when the instances have been placing in investigation have clearly taken
place.
14

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