Business Law Report: UK Legal System, Law Making and Impact
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AI Summary
This report provides a comprehensive overview of business law, focusing on the structure of the English legal system and its various sources, including common law and statutory law. It examines the role of the government in law-making, detailing the process from issue identification to parliamentary approval and the monarch's assent. The report differentiates between common and statutory law, highlighting their implementation through interpretation and the use of judicial precedent. Furthermore, it explores the impact of law on organizations, providing insights into how the legal system functions to protect rights, punish criminals, and ensure justice. The report also includes a discussion on legal solutions for business problems and the justification for these solutions, along with a recommendation for legal solutions within alternative legal systems. The report concludes with a summary of key findings and a list of references.
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Table of Contents
INTRODUCTION...........................................................................................................................1
TASK1.............................................................................................................................................1
P1) Structure of English legal system and sources of law that it can comply........................1
P2) Role of government in law making and implication of common and statutory laws......4
M1).........................................................................................................................................6
TASK2.............................................................................................................................................7
P3) Impact of Law on organisation........................................................................................7
M2).......................................................................................................................................10
TASK3...........................................................................................................................................10
P4) Legal solution for business problems............................................................................10
P5) Justification for the solution...........................................................................................12
M3).......................................................................................................................................13
TASK4...........................................................................................................................................14
P6) Recommending legal solution on alternative legal system............................................14
M4).......................................................................................................................................16
CONCLUSION..............................................................................................................................16
REFERENCES..............................................................................................................................18
INTRODUCTION...........................................................................................................................1
TASK1.............................................................................................................................................1
P1) Structure of English legal system and sources of law that it can comply........................1
P2) Role of government in law making and implication of common and statutory laws......4
M1).........................................................................................................................................6
TASK2.............................................................................................................................................7
P3) Impact of Law on organisation........................................................................................7
M2).......................................................................................................................................10
TASK3...........................................................................................................................................10
P4) Legal solution for business problems............................................................................10
P5) Justification for the solution...........................................................................................12
M3).......................................................................................................................................13
TASK4...........................................................................................................................................14
P6) Recommending legal solution on alternative legal system............................................14
M4).......................................................................................................................................16
CONCLUSION..............................................................................................................................16
REFERENCES..............................................................................................................................18


INTRODUCTION
Business law is a study of rules and regulations that are very necessary for an
organisation to imply them so as to carry out all their activities in legal and lawful manner. Each
and every laws, rules and regulations are inculcated in this study so that firm is able to know
how to start a business, purchase any goods and services, managing several aspects and functions
that are to be performed and to finally wind up business. All these can be understood in detailed
manner if business law is studied (Awrey, 2010). This has been taken into consideration because
any fraud activity can be prevented and consumers, employees as well as the company is able to
avail their rights if any wrong activity get done.
There are numerous number of laws that are implemented by UK government to protect
rights of customers and all those people who are related to the firm. It is duty of company to
implement them through which any kind of mishap get avoided.
TASK1
P1) Structure of English legal system and sources of law that it can comply.
English law is a system where laws are structured in a proper manner so that as and when
requirement arises according to them actions and decisions can be taken by UK courts. It is very
necessary for nation to follow several steps so that justice can be provided to the one who is
actually innocent. It is basically a system on which entire nation is depended upon because it
provides aids to them.
Hierarchy of UK court
Supreme court- This is a place where once the judgement executed then no changes can
be made, it has been replaced House of Lords in 2009. This court will only hear the
appeal from Court of appeal and in very rare case hears appeals of High court in
particular circumstances only. There can be around 9 justices but mostly 5 can be seen as
judging.
Court of Appeal- This basically has 2 sections Civil and criminal (Bartlett, Rhode and
Grossman, 2016). The appeal can be done for decisions made here in Supreme Court.
◦ Civil division- This basically concerns about cases related to civil laws, and issue
regarding family.
1
Business law is a study of rules and regulations that are very necessary for an
organisation to imply them so as to carry out all their activities in legal and lawful manner. Each
and every laws, rules and regulations are inculcated in this study so that firm is able to know
how to start a business, purchase any goods and services, managing several aspects and functions
that are to be performed and to finally wind up business. All these can be understood in detailed
manner if business law is studied (Awrey, 2010). This has been taken into consideration because
any fraud activity can be prevented and consumers, employees as well as the company is able to
avail their rights if any wrong activity get done.
There are numerous number of laws that are implemented by UK government to protect
rights of customers and all those people who are related to the firm. It is duty of company to
implement them through which any kind of mishap get avoided.
TASK1
P1) Structure of English legal system and sources of law that it can comply.
English law is a system where laws are structured in a proper manner so that as and when
requirement arises according to them actions and decisions can be taken by UK courts. It is very
necessary for nation to follow several steps so that justice can be provided to the one who is
actually innocent. It is basically a system on which entire nation is depended upon because it
provides aids to them.
Hierarchy of UK court
Supreme court- This is a place where once the judgement executed then no changes can
be made, it has been replaced House of Lords in 2009. This court will only hear the
appeal from Court of appeal and in very rare case hears appeals of High court in
particular circumstances only. There can be around 9 justices but mostly 5 can be seen as
judging.
Court of Appeal- This basically has 2 sections Civil and criminal (Bartlett, Rhode and
Grossman, 2016). The appeal can be done for decisions made here in Supreme Court.
◦ Civil division- This basically concerns about cases related to civil laws, and issue
regarding family.
1
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◦ Criminal division- Here criminal cases are mostly handled and appeals are heard
from Crown Court.
High court- This court mainly is divided into three departments, Family decision,
Chancery and Queen's Bench division.
◦ Family Division- All the affairs related to family are been addressed here and
decisions are made according to law describes to any particular situation.
◦ Chancery Division- Here every cases that are regarding fraudulent acts, conflicts, tax
partnership and all intellectual properties.
◦ Queen's Bench division- Issues such as drug trafficking is considered under this
section, where judicial opinions are drawn and actions are taken accordingly (Burk
and McGowan, 2010).
Country and crown court- Country court handles all those issue regarding civil laws
and also cases that are valued under £5000 are considered here. Like contract breaching,
repayment of debts etc. In crown court, cases related to criminal activities are resolved
which are appeal from Magistrates. Magistrates- This mostly takes authority of both criminal and general civil cases of
family and regarding properties and lands.
Different sources of law
1. Common law-According to this context, only such decision are carried out under this
law which take place on daily basis.. With the help of cases that has been addressed
earlier are considered by judge and they use them as a base to further take actions for
same kind of decisions. This will many time lead to a worse situation where cases
become more crucial and controversies get arise through this.
2. Equity law- This is a kind of law that get starts with the rigidity of several procedures. It
is used when remedies that are availed are not as appropriate as desired. Many times
situation arise when one's own property is get sealed by government, that time this law
avails aid to them.
3. Judicial Precedent- This is a legal element through which common and case laws are
also get introduced in effective manner (Drahozal, 2011). These are very helpful as it
helps in taking decisions in very correct and appropriate way.
2
from Crown Court.
High court- This court mainly is divided into three departments, Family decision,
Chancery and Queen's Bench division.
◦ Family Division- All the affairs related to family are been addressed here and
decisions are made according to law describes to any particular situation.
◦ Chancery Division- Here every cases that are regarding fraudulent acts, conflicts, tax
partnership and all intellectual properties.
◦ Queen's Bench division- Issues such as drug trafficking is considered under this
section, where judicial opinions are drawn and actions are taken accordingly (Burk
and McGowan, 2010).
Country and crown court- Country court handles all those issue regarding civil laws
and also cases that are valued under £5000 are considered here. Like contract breaching,
repayment of debts etc. In crown court, cases related to criminal activities are resolved
which are appeal from Magistrates. Magistrates- This mostly takes authority of both criminal and general civil cases of
family and regarding properties and lands.
Different sources of law
1. Common law-According to this context, only such decision are carried out under this
law which take place on daily basis.. With the help of cases that has been addressed
earlier are considered by judge and they use them as a base to further take actions for
same kind of decisions. This will many time lead to a worse situation where cases
become more crucial and controversies get arise through this.
2. Equity law- This is a kind of law that get starts with the rigidity of several procedures. It
is used when remedies that are availed are not as appropriate as desired. Many times
situation arise when one's own property is get sealed by government, that time this law
avails aid to them.
3. Judicial Precedent- This is a legal element through which common and case laws are
also get introduced in effective manner (Drahozal, 2011). These are very helpful as it
helps in taking decisions in very correct and appropriate way.
2

There are several laws that being a business owner has to perform so that they are able to
carry out firm's operations in an effective manner by using several legal aspects. Organisation
can implement recruitment and selection law while performing this activity so that no error and
problem can get arise in future. Employment law are also there where each and every right that
pertains with employees.
(Source: English legal structure, 2011)
3
English legal structure
carry out firm's operations in an effective manner by using several legal aspects. Organisation
can implement recruitment and selection law while performing this activity so that no error and
problem can get arise in future. Employment law are also there where each and every right that
pertains with employees.
(Source: English legal structure, 2011)
3
English legal structure

P2) Role of government in law making and implication of common and statutory laws.
Law is an important aspect for a nation and government and a big responsibility is
concerned upon them to formulate several laws that are regarding different situations and cases
(Eidenmüller, 2013). A great contribution is done by UK government in creating new laws and
rules for benefits of people in country, this will safeguard the rights that they pertain and also
protect them from several wrong things.
Process of law making: -
1. Issues and difficulties emerges and government agenda- Here agenda of government is
built with assistance of general elections. Parliament of the country is having authority in
introducing several bills which includes all crises and issues are elaborated.
2. Ideas of issue addressing- In this step numerous solutions and suggestions are presented
for different problems that are described earlier. Members of house has responsibilities to
provide several remedial solutions to drawn issues.
3. Consulted to interested people- Several people are there who have similar kind of issues
and they are consulted about the drawn problems so that they can also give their opinions
and recommendations.
4. Acceptance of cabinet minister- At this stage it become very necessary for cabinet
minister to accept proposal that has been drawn for specified issue and problems. In front
of minister desired discussion is done and positive aspects are more presented so that he/
she feel the need of acceptance for the proposal and then approval can be given to that
particular issue.
5. Bill preparation- Accepted proposal will be further carried out and is transformed into
Bills (Granovetter, 2010). It carries many remedies to various problems that can be
executed when such cases take place.
6. Bill scrutiny- Both the houses will be considering the drafted proposal their approval can
only help the draft to get converted into bills that can be presented further so that law can
be made through this.
7. Parliamentary steps-
◦ First reading- In the first reading topic of the bill is been discussed and a draft is been
shared to every member of parliament.
4
Law is an important aspect for a nation and government and a big responsibility is
concerned upon them to formulate several laws that are regarding different situations and cases
(Eidenmüller, 2013). A great contribution is done by UK government in creating new laws and
rules for benefits of people in country, this will safeguard the rights that they pertain and also
protect them from several wrong things.
Process of law making: -
1. Issues and difficulties emerges and government agenda- Here agenda of government is
built with assistance of general elections. Parliament of the country is having authority in
introducing several bills which includes all crises and issues are elaborated.
2. Ideas of issue addressing- In this step numerous solutions and suggestions are presented
for different problems that are described earlier. Members of house has responsibilities to
provide several remedial solutions to drawn issues.
3. Consulted to interested people- Several people are there who have similar kind of issues
and they are consulted about the drawn problems so that they can also give their opinions
and recommendations.
4. Acceptance of cabinet minister- At this stage it become very necessary for cabinet
minister to accept proposal that has been drawn for specified issue and problems. In front
of minister desired discussion is done and positive aspects are more presented so that he/
she feel the need of acceptance for the proposal and then approval can be given to that
particular issue.
5. Bill preparation- Accepted proposal will be further carried out and is transformed into
Bills (Granovetter, 2010). It carries many remedies to various problems that can be
executed when such cases take place.
6. Bill scrutiny- Both the houses will be considering the drafted proposal their approval can
only help the draft to get converted into bills that can be presented further so that law can
be made through this.
7. Parliamentary steps-
◦ First reading- In the first reading topic of the bill is been discussed and a draft is been
shared to every member of parliament.
4
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◦ Second reading- This is a stage where MP's vote for the bill whether they are in
support of it or not. As the entire discussion is carried with MP's.
◦ Committee stages- Here members of committee gives their opinion, and they also
vote in favour and against. Then it is been forwarded to next stage for further process.
◦ Report stages- At this stage, report presentation system is been done in parliament.
Members of both the houses are present their, they provide several suggestions and
changes that has to be made in bill.
◦ Third reading- A debate is performed in this stage where a decision is drawn. This is
the last reading stage in parliament.
◦ Approval of bills- Here members of both the houses will give their acceptance. The
result may be against or in favour of the topic. Then it is been proceeded to Monarch.
◦ Monarch's assent turns the approved bill into an act or law- At last acceptance of
Monarch is very necessary as they approve the bill with their consent then it can be
declared as a law that must be very effectively followed by all.
Difference Between Statutory and common law
Common Law Statutory Law
These are law that has been enacted
which is based on courts rule. It is also
said to be as case law.
Here new decisions of judges are
involved.
It is a procedural system.
It is having instructive natured.
These are written down by legislation
of a country.
Here new laws are introduced by
agencies of government.
It is a substantive system.
It is prescriptive in nature.
Implementation of statutory and common law: -
1. Statutory interpretation- This method is used to interpret the several aspects so that in
appropriate manner rule can be executed (Hiller, 2013). Each and every member of the
parliament has equal rights to suggest in making decisions regarding the proposal
whether drawn problem is genuine or not, therefore it become very essential for Judge to
take suggestions of everyone and then according to their opinions further step has to be
made.
5
support of it or not. As the entire discussion is carried with MP's.
◦ Committee stages- Here members of committee gives their opinion, and they also
vote in favour and against. Then it is been forwarded to next stage for further process.
◦ Report stages- At this stage, report presentation system is been done in parliament.
Members of both the houses are present their, they provide several suggestions and
changes that has to be made in bill.
◦ Third reading- A debate is performed in this stage where a decision is drawn. This is
the last reading stage in parliament.
◦ Approval of bills- Here members of both the houses will give their acceptance. The
result may be against or in favour of the topic. Then it is been proceeded to Monarch.
◦ Monarch's assent turns the approved bill into an act or law- At last acceptance of
Monarch is very necessary as they approve the bill with their consent then it can be
declared as a law that must be very effectively followed by all.
Difference Between Statutory and common law
Common Law Statutory Law
These are law that has been enacted
which is based on courts rule. It is also
said to be as case law.
Here new decisions of judges are
involved.
It is a procedural system.
It is having instructive natured.
These are written down by legislation
of a country.
Here new laws are introduced by
agencies of government.
It is a substantive system.
It is prescriptive in nature.
Implementation of statutory and common law: -
1. Statutory interpretation- This method is used to interpret the several aspects so that in
appropriate manner rule can be executed (Hiller, 2013). Each and every member of the
parliament has equal rights to suggest in making decisions regarding the proposal
whether drawn problem is genuine or not, therefore it become very essential for Judge to
take suggestions of everyone and then according to their opinions further step has to be
made.
5

2. Aid and support used by judge- As proposed issue is not a common problem as it came
into existence means there are several negative outcomes of this so it become an
important aspect that judge has to take support of various elements such as the Oxford
dictionary, judicial precedent and many more. This will guide them to interpret an act in
appropriate and effective manner.
3. Rules of interpretation- There are several rules that are very helpful for the judge to make
interpretations that are related to the law and acts. With the help of several bills an
amendment, an appropriate decision can be made. Basically three rules are there, they are
as follows-
◦ Literal rule- This is a rule that is very important as because it helps in interpreting
statutes in more precise and effective language so that all can be able to understand it
properly. It clearly states how a law will perform and what it actually does. It does not
explain the entire meaning of the drawn law, it just specifically describes the
implications and the effect of the law in certain circumstances (Johnson, 2012).
◦ Golden rule- This is almost similar to the literal rule but most of the time it gets
avoided as its result is very hard and tough, many times problematic situation also get
arise through this which later get problems and could not be handled many times.
With the help of literal rule, a specific statutory interpretation can be drawn so that
decisions can be made more effectively and appropriately.
◦ Mischief rule- To know and understand the intentions of parliament this rules are
mostly used and then decision is made accordingly.
M1)
English legal system is very effective for the nations as because this will help one in providing
appropriate justices for the problems that one is facing. With its support one will be able to attain
his/ her right that has been drawn to him/her. In organisation according to the present
developments and reforms, employees can ask for their right if anything wrong gets happened to
them. Equality and stability can be able to achieve by employees with the help of recent legal
system of country.
Following are some of the areas where legal system very effectively provides benefits-
6
into existence means there are several negative outcomes of this so it become an
important aspect that judge has to take support of various elements such as the Oxford
dictionary, judicial precedent and many more. This will guide them to interpret an act in
appropriate and effective manner.
3. Rules of interpretation- There are several rules that are very helpful for the judge to make
interpretations that are related to the law and acts. With the help of several bills an
amendment, an appropriate decision can be made. Basically three rules are there, they are
as follows-
◦ Literal rule- This is a rule that is very important as because it helps in interpreting
statutes in more precise and effective language so that all can be able to understand it
properly. It clearly states how a law will perform and what it actually does. It does not
explain the entire meaning of the drawn law, it just specifically describes the
implications and the effect of the law in certain circumstances (Johnson, 2012).
◦ Golden rule- This is almost similar to the literal rule but most of the time it gets
avoided as its result is very hard and tough, many times problematic situation also get
arise through this which later get problems and could not be handled many times.
With the help of literal rule, a specific statutory interpretation can be drawn so that
decisions can be made more effectively and appropriately.
◦ Mischief rule- To know and understand the intentions of parliament this rules are
mostly used and then decision is made accordingly.
M1)
English legal system is very effective for the nations as because this will help one in providing
appropriate justices for the problems that one is facing. With its support one will be able to attain
his/ her right that has been drawn to him/her. In organisation according to the present
developments and reforms, employees can ask for their right if anything wrong gets happened to
them. Equality and stability can be able to achieve by employees with the help of recent legal
system of country.
Following are some of the areas where legal system very effectively provides benefits-
6

Catching criminals- With the help of effective legal system a criminal can be caught. As
per the crime he will be punished and this will help in providing justice to one who face
the problem.
Giving punishments to fit clients- Legal system of UK is very effective as it will help in
punishing the one who is actually accused. No other will be indulged in this and this will
provide a other party proper aid. Person who have done wrong will be at any cost will get
punished.
Not be re offended- Legal system make sure that offender should not make the same
again so an eye and proper check will always be noticed. This will help in preventing
from the same situation or other by same person.
Dealing with cases promptly- Law of United Kingdom is very prompt as it helps in
making quick decision and justice to the victims. All the cases are very carefully and
effectively handled and proper decision are made accordingly.
Prosecuting- It is process through which the actual offender can be determined this can be
performed very appropriately and in an accurate manner by legal system of a country.
TASK2
P3) Impact of Law on organisation.
Business is an action where several activities and transactions are performed as it is
dealing with numerous operations it is very necessary for firm to inculcate legislative aspect in it
(Jones and Sufrin, 2016). Law plays a vital role in business operations and has its impact upon
functions of an organisation. There are several responsibilities that lies upon employer regarding
laws that have been introduced by government as to run a business in appropriate manner. The
objective of implementing laws at work place as because it will guide employers to perform in
legal and safe manner. Employees are their responsibility, manpower's health and safety is a part
that has to be very properly cared by employers.
A) Employer's legal obligation-
Occupational Health and safety- Health and safety is a prior responsibility that has to be
performed by an organisation for its employees. Employees have to safeguard by
management at workplace. Health and safety Act 1973 says that workforce has to be
7
per the crime he will be punished and this will help in providing justice to one who face
the problem.
Giving punishments to fit clients- Legal system of UK is very effective as it will help in
punishing the one who is actually accused. No other will be indulged in this and this will
provide a other party proper aid. Person who have done wrong will be at any cost will get
punished.
Not be re offended- Legal system make sure that offender should not make the same
again so an eye and proper check will always be noticed. This will help in preventing
from the same situation or other by same person.
Dealing with cases promptly- Law of United Kingdom is very prompt as it helps in
making quick decision and justice to the victims. All the cases are very carefully and
effectively handled and proper decision are made accordingly.
Prosecuting- It is process through which the actual offender can be determined this can be
performed very appropriately and in an accurate manner by legal system of a country.
TASK2
P3) Impact of Law on organisation.
Business is an action where several activities and transactions are performed as it is
dealing with numerous operations it is very necessary for firm to inculcate legislative aspect in it
(Jones and Sufrin, 2016). Law plays a vital role in business operations and has its impact upon
functions of an organisation. There are several responsibilities that lies upon employer regarding
laws that have been introduced by government as to run a business in appropriate manner. The
objective of implementing laws at work place as because it will guide employers to perform in
legal and safe manner. Employees are their responsibility, manpower's health and safety is a part
that has to be very properly cared by employers.
A) Employer's legal obligation-
Occupational Health and safety- Health and safety is a prior responsibility that has to be
performed by an organisation for its employees. Employees have to safeguard by
management at workplace. Health and safety Act 1973 says that workforce has to be
7
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protected from various aspect. Health is a major issue as entire responsibility of family
lies upon that person who is working in an organisation. Employers have to arrange
machinery and tools which are safe to use, it is also very necessary to check health and
safety of employees (Wolfe and Pittenger, 2016). Training has to be provided to
employees so that they themselves can perform safety measures at times of working, risk
assessment is also carried out by management.
Workers compensation- It is a kind of insurance where employees are availed benefits
regarding cash and also medical care. Minimum wage has to be paid to workforce as
they are investing their time and skills to perform tasks that are allotted to them. Hence,
it become very essential to pay back for what they are doing (Kadish, Schulhofer and
Barkow, 2016). Many times due to illness and several types kind of injury company is
liable to compensate as employee's ESIC deduction is performed. They can be able to get
aid at times required, so basically it is a law where employees have to be provided
expenses for any injury or harm that got faced by them during working tenure. At
present era contribution of man power's pay for this concern has become very essential
as because when problem get arise they can get benefits out of it. It is the duty of
employer to make it done by them.
Harassment- It is situation where people are treated against social behaviour. Such
activities many times are performed in an organisation so, it become necessary for
management to carry out culture which is healthy for employees and harassment
situation does not take place at any time. Strict actions have to be planned so that no one
would think ever to perform something like this (Kaplan, Weisberg and Binder, 2014).
Fines can be charged and one can sue who is performing such act. This will help to
protect one who is going through the situation.
Equal opportunity- In a company it is very required that each and every employee has to
be treated as equal and opportunities must also be availed in equal manner in terms of
wages and salary, task, decision making and involvement. Employer should not perform
any kind of discrimination with their human resources. Though a person is male or
female both has to be provided same tasks, and pay as per their skills and knowledge.
B) Case study
8
lies upon that person who is working in an organisation. Employers have to arrange
machinery and tools which are safe to use, it is also very necessary to check health and
safety of employees (Wolfe and Pittenger, 2016). Training has to be provided to
employees so that they themselves can perform safety measures at times of working, risk
assessment is also carried out by management.
Workers compensation- It is a kind of insurance where employees are availed benefits
regarding cash and also medical care. Minimum wage has to be paid to workforce as
they are investing their time and skills to perform tasks that are allotted to them. Hence,
it become very essential to pay back for what they are doing (Kadish, Schulhofer and
Barkow, 2016). Many times due to illness and several types kind of injury company is
liable to compensate as employee's ESIC deduction is performed. They can be able to get
aid at times required, so basically it is a law where employees have to be provided
expenses for any injury or harm that got faced by them during working tenure. At
present era contribution of man power's pay for this concern has become very essential
as because when problem get arise they can get benefits out of it. It is the duty of
employer to make it done by them.
Harassment- It is situation where people are treated against social behaviour. Such
activities many times are performed in an organisation so, it become necessary for
management to carry out culture which is healthy for employees and harassment
situation does not take place at any time. Strict actions have to be planned so that no one
would think ever to perform something like this (Kaplan, Weisberg and Binder, 2014).
Fines can be charged and one can sue who is performing such act. This will help to
protect one who is going through the situation.
Equal opportunity- In a company it is very required that each and every employee has to
be treated as equal and opportunities must also be availed in equal manner in terms of
wages and salary, task, decision making and involvement. Employer should not perform
any kind of discrimination with their human resources. Though a person is male or
female both has to be provided same tasks, and pay as per their skills and knowledge.
B) Case study
8

In present case study a 16-year girl's scenario has been described where she was working
in an outlet of fast food centre where she has to cook fries (Trompenaars and Hampden-Turner,
2011). One day she met with an accident as she slipped on water leakage that has taken place
from an ice making machine. This cause a situation where her hand drawn in hot ail of 360°F her
hand burn very badly. Staff were less at that day and Team leader of the fast food store was
concerning for other aspect than safety.
In business law, one of the major aspect is health and safety of manpower working in an
organisation. As per cited situation it can be seen that employer were not much concern for
safety of employees as a 16 year old girl met with a severe accident at work place. This had
happened due to carelessness of management. They did not perform proper safety and health
check to prevent and safeguard from major issues and problems (Leung and et. al, 2013). As
stated in employment law and contract, prior responsibility that lies with an organisation and its
management is to properly provide safety to employees. Several measures must be taken by
organisation that will help in keeping safe their employees from such situation that took place in
this scenario. Occupation health safety is the legal act that has to be executed by fast food outlet
to prevent from more such issues. As compensation has to be availed to her as she got injured at
time she was working.
Health and safety act, 1974 is one of the legislative action and right that are availed to employees
at a work place. This is an act which is very helpful for the employees as because if any mishap
takes place then they will get justice and their rights being an employees will be provided to
them. Following are some of the benefits that get availed to employees-
Providing health and safety of manpower at time of work.
Protecting one person from other in an organisation.
Helping in keeping a control over the emission and protecting from dangerous and
hazardous things.
According to the present situation, this law's impact is very much in support as because
this will give the girl justice and company is liable to pay for the loss and problem that got faced
by her. With support to this she will be compensated for being an employee of that particular
firm. She will be provided all the facilities with Health and safety Act, 1974 as through this an
employees will not get suffered by any of the consequences as law is in her support. Carelessness
of management of firm, this big tragedy took place so according to the law company can be sued,
9
in an outlet of fast food centre where she has to cook fries (Trompenaars and Hampden-Turner,
2011). One day she met with an accident as she slipped on water leakage that has taken place
from an ice making machine. This cause a situation where her hand drawn in hot ail of 360°F her
hand burn very badly. Staff were less at that day and Team leader of the fast food store was
concerning for other aspect than safety.
In business law, one of the major aspect is health and safety of manpower working in an
organisation. As per cited situation it can be seen that employer were not much concern for
safety of employees as a 16 year old girl met with a severe accident at work place. This had
happened due to carelessness of management. They did not perform proper safety and health
check to prevent and safeguard from major issues and problems (Leung and et. al, 2013). As
stated in employment law and contract, prior responsibility that lies with an organisation and its
management is to properly provide safety to employees. Several measures must be taken by
organisation that will help in keeping safe their employees from such situation that took place in
this scenario. Occupation health safety is the legal act that has to be executed by fast food outlet
to prevent from more such issues. As compensation has to be availed to her as she got injured at
time she was working.
Health and safety act, 1974 is one of the legislative action and right that are availed to employees
at a work place. This is an act which is very helpful for the employees as because if any mishap
takes place then they will get justice and their rights being an employees will be provided to
them. Following are some of the benefits that get availed to employees-
Providing health and safety of manpower at time of work.
Protecting one person from other in an organisation.
Helping in keeping a control over the emission and protecting from dangerous and
hazardous things.
According to the present situation, this law's impact is very much in support as because
this will give the girl justice and company is liable to pay for the loss and problem that got faced
by her. With support to this she will be compensated for being an employee of that particular
firm. She will be provided all the facilities with Health and safety Act, 1974 as through this an
employees will not get suffered by any of the consequences as law is in her support. Carelessness
of management of firm, this big tragedy took place so according to the law company can be sued,
9

penalties and several steps can be taken against the owner as no safety precautions has been
taken in consideration by them.
M2)
As cited in the case scenario of 16 year old girl, regulations, legislation and standards
plays a very vital role in life of that girl. As with support to legislation she will be compensated
for the mishap that faced by her at time of working in a fast food outlet. Also with that she will
be benefited for her rights that being an employee she had with the organisation. As per contract
law it was very wrong as being a 16 year old she can not enter into a contract of working in an
organisation as she is a minor. For this company can be fined for this as to make a minor work.
TASK3
P4) Legal solution for business problems.
Case 1
As business law defines there are certain rules and norms that has to be performed when one is
planning to dismiss human resource of an organisation. Few dismissal approaches are there such
as-
Fair dismissal- This is a situation where a clear reason has to be quoted by employer so
that they can dismiss with fair and justified manner rather than kicking them out without
any particular or with principle reason. Lack in knowledge, poor performance can be
reason that lead in such dismissal (Luhrs, 2012).
Constructive dismissal- This circumstances takes place when an organisation or an
employee has breached the contract and in result employee resigns his job from that
particular company. This may include, cost cutting by lowering the wages and salary,
increasing work pressure etc.
Wrongful/ unfair dismissal- This is a situation where dismissal takes place without
informing employees sudden termination process is done. As per legal act, it cannot be
performed as human resource of firm has to be informed this before only and until and
unless prior notice has to been given a person can not be terminated. (Suthers and et. al,
2013).
In accordance to the provision unfair dismissal act 1977, an employee cannot be dismissed
from his/ her profile before giving any kind of prior notice.
10
taken in consideration by them.
M2)
As cited in the case scenario of 16 year old girl, regulations, legislation and standards
plays a very vital role in life of that girl. As with support to legislation she will be compensated
for the mishap that faced by her at time of working in a fast food outlet. Also with that she will
be benefited for her rights that being an employee she had with the organisation. As per contract
law it was very wrong as being a 16 year old she can not enter into a contract of working in an
organisation as she is a minor. For this company can be fined for this as to make a minor work.
TASK3
P4) Legal solution for business problems.
Case 1
As business law defines there are certain rules and norms that has to be performed when one is
planning to dismiss human resource of an organisation. Few dismissal approaches are there such
as-
Fair dismissal- This is a situation where a clear reason has to be quoted by employer so
that they can dismiss with fair and justified manner rather than kicking them out without
any particular or with principle reason. Lack in knowledge, poor performance can be
reason that lead in such dismissal (Luhrs, 2012).
Constructive dismissal- This circumstances takes place when an organisation or an
employee has breached the contract and in result employee resigns his job from that
particular company. This may include, cost cutting by lowering the wages and salary,
increasing work pressure etc.
Wrongful/ unfair dismissal- This is a situation where dismissal takes place without
informing employees sudden termination process is done. As per legal act, it cannot be
performed as human resource of firm has to be informed this before only and until and
unless prior notice has to been given a person can not be terminated. (Suthers and et. al,
2013).
In accordance to the provision unfair dismissal act 1977, an employee cannot be dismissed
from his/ her profile before giving any kind of prior notice.
10
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As per the present case, Calvin is a designer in a fashion house and has been working
from 4 years. His employer Donna one day checks petty cash book and found £100 is missing
and whole blame was fall on Calvin. He got dismissed by her and called him a thief.
According to the act an employer does not has any authority to dismiss anyone before
prior notice. It is very necessary for management to inform any of the employees with a genuine
situation and reason. If this does not happen then employee has some rights according to
employment act that can be availed by him/her if such situation takes place (Mason and
Stephenson, 2015).
Calvin can take support of employment tribunal as they are very much responsible for
resolving such issue. Considering the employment law they try to resolve issues that are
faced by employees. As they hear cases like, unfair decision, unfair deduction of pay and
discrimination.
He can also use the grievance handling situation from the company. As there is a separate
department in a company where they can do their complaints and committees are set to
resolve their issues.
If Calvin is belonging to a trade union then he can approach to them to resolve his
problem of unfair dismissal as because he was not given any specific notice for his
redundancy.
Case 2
In reference to Insurance act, mentioned in case one can claim for insurance before 24 months
for the same situation.
As the present case states that, Kevin's dad Dan was having a store which met with a fire
accident and entire thing got destroyed. He then starts a new outlet at another location, then he
applies for insurance for that. Insurer asked question that did he claim in last 2 years he denied.
As he thought last claim was before two years but actually it took place by 23 months only.
Again there was fire and he went for claim but company refused (McGill, 2010).
As per law it is not appropriate to deny for insurance claim, no law states this situation as
faced by Dan at time he was claiming for the loss that occurred due to fire at store that he was
operating at present time. It is very necessary to mention and inform any such situation and
conditions if any company is following so otherwise there is no such norm where one cannot be
11
from 4 years. His employer Donna one day checks petty cash book and found £100 is missing
and whole blame was fall on Calvin. He got dismissed by her and called him a thief.
According to the act an employer does not has any authority to dismiss anyone before
prior notice. It is very necessary for management to inform any of the employees with a genuine
situation and reason. If this does not happen then employee has some rights according to
employment act that can be availed by him/her if such situation takes place (Mason and
Stephenson, 2015).
Calvin can take support of employment tribunal as they are very much responsible for
resolving such issue. Considering the employment law they try to resolve issues that are
faced by employees. As they hear cases like, unfair decision, unfair deduction of pay and
discrimination.
He can also use the grievance handling situation from the company. As there is a separate
department in a company where they can do their complaints and committees are set to
resolve their issues.
If Calvin is belonging to a trade union then he can approach to them to resolve his
problem of unfair dismissal as because he was not given any specific notice for his
redundancy.
Case 2
In reference to Insurance act, mentioned in case one can claim for insurance before 24 months
for the same situation.
As the present case states that, Kevin's dad Dan was having a store which met with a fire
accident and entire thing got destroyed. He then starts a new outlet at another location, then he
applies for insurance for that. Insurer asked question that did he claim in last 2 years he denied.
As he thought last claim was before two years but actually it took place by 23 months only.
Again there was fire and he went for claim but company refused (McGill, 2010).
As per law it is not appropriate to deny for insurance claim, no law states this situation as
faced by Dan at time he was claiming for the loss that occurred due to fire at store that he was
operating at present time. It is very necessary to mention and inform any such situation and
conditions if any company is following so otherwise there is no such norm where one cannot be
11

able to claim from insurance company before 24 months. Hence for this situation Dan can sue
the related firm so that he can get proper aid and fraudulent action can be prevented. This may
also assist him to re-establish his store again.
According to Insurance act, 2015 insurance can be claimed with reference to Clause 13A.
This states that if any client claim for the loss occurred to him then he can be compensated by
company in respect to the claim that he made and that will be also provided on a reasonable time.
As per the present case of Dan, went for claim company denied, so no act in law and
insurance states that company has the right to deny for the claim made by customers. There
should be proper communication that has to be made by both clients and company if any specific
norms are followed unless all they have to do is as Insurance act states they must follow them
and Dan can ask for the claim for the loss that he faced due to a fire accident at his shop.
P5) Justification for the solution
As per the solution that has been drawn for both the cases, it can be understood that
proper regulations and norms are required for an organisation as because this will guide to carry
out all legal aspect of business in more effective and appropriate manner (Reed and et. al, 2013).
Business law is very necessary to be executed by each and every firm as it will assist in planning
and to conduct several measures that is regarding safety as well as for prevention from various
problematic situations.
Employment act 1996- employees are an asset of an organisation. It is very essential for a firm to
provide rights to employees that are pertained in their part. This act states that employees must
be provided a written contract that has to be availed to them within two month of joining. This
employment right act includes many aspects such as Employment contract 1963, Employment
protection act 1975 and also Wages act 1985.
Section 94- This section states that employees can not be dismissed in unfair manner.
They have the right to resist action if performed by an employer.
Section 95- This section of employment right act states that there are several
circumstances where company can terminate employees. In case an employee breaches
the contract then he/ she can be dismissed. Also if contract shows a limited time peried of
an employee then also employer can terminate that particular employee as per drawn in
written contract.
12
the related firm so that he can get proper aid and fraudulent action can be prevented. This may
also assist him to re-establish his store again.
According to Insurance act, 2015 insurance can be claimed with reference to Clause 13A.
This states that if any client claim for the loss occurred to him then he can be compensated by
company in respect to the claim that he made and that will be also provided on a reasonable time.
As per the present case of Dan, went for claim company denied, so no act in law and
insurance states that company has the right to deny for the claim made by customers. There
should be proper communication that has to be made by both clients and company if any specific
norms are followed unless all they have to do is as Insurance act states they must follow them
and Dan can ask for the claim for the loss that he faced due to a fire accident at his shop.
P5) Justification for the solution
As per the solution that has been drawn for both the cases, it can be understood that
proper regulations and norms are required for an organisation as because this will guide to carry
out all legal aspect of business in more effective and appropriate manner (Reed and et. al, 2013).
Business law is very necessary to be executed by each and every firm as it will assist in planning
and to conduct several measures that is regarding safety as well as for prevention from various
problematic situations.
Employment act 1996- employees are an asset of an organisation. It is very essential for a firm to
provide rights to employees that are pertained in their part. This act states that employees must
be provided a written contract that has to be availed to them within two month of joining. This
employment right act includes many aspects such as Employment contract 1963, Employment
protection act 1975 and also Wages act 1985.
Section 94- This section states that employees can not be dismissed in unfair manner.
They have the right to resist action if performed by an employer.
Section 95- This section of employment right act states that there are several
circumstances where company can terminate employees. In case an employee breaches
the contract then he/ she can be dismissed. Also if contract shows a limited time peried of
an employee then also employer can terminate that particular employee as per drawn in
written contract.
12

Section 96- Unfair dismissal is a situation where employee is terminated with out any
kind of specific reason. It is basically against an fair decision. Proper steps has not been
followed by employer at time of termination. Then it is said to be as unfair dismissal.
Panama v London Borough of Hackney- This case had issues of unfair dismissal, the decision
of court is that the dismissal that has been taken place was unfair. According to employment
right act 1996, section 96, the termination that was performed was not in a legal manner it was
totally unfair.
In case of Calvin and Donna, dismissal situation was there which was not appropriate as
because employer here don't even ask and investigated about missing £100, she directly put
blame upon Calvin without knowing from him as well as also she call him a thief which is really
a negative aspect that an employer must avoid. It is very essential being an owner or leading
person in firm to ask and find out the exact situation then only actions and decisions has to be
made. In case of dismissal of employee (Calvin), prior notice has to be firstly given as law states,
before terminating 10-15 days prior a written or verbal notice has to be provided then only such
action can be taken unless, no decision is made (Mnookin and Weisberg, 2014). Calvin as having
an employment right can ask question and can even sue employer for breaching the contract.
In situation of Kevin and Dan, insurance company cannot deny its customers for the
claim that they for loss, until and unless a specific information related to this has not be
conveyed to them. It is very essential for company and customers to be in a state of utmost good
faith, where both of them has to inform each and every detail so that no problem get arise in
future. In this case Dan was not aware of the fact that he had claimed in 23 months only and he
said last claim was done before 2 years. And also company didn't mention their clause regarding
2-year situation, but no insurance law defines that before 24 months second claim cannot be
made.
M3)
For case of Designer Calvin, positive impact of solution is that he will be able to get his justice
as he hasn't stole the money as Donna feels. So a negative image can be retained back. Also he
will be able to work in same firm again. Employees should be availed with a written employment
contract. As per law various rights are provided to employees.
Where as the negative impact is that company will not rely upon him has he took action
against the injustice performed by Donna to him. This will create a situation that being an
13
kind of specific reason. It is basically against an fair decision. Proper steps has not been
followed by employer at time of termination. Then it is said to be as unfair dismissal.
Panama v London Borough of Hackney- This case had issues of unfair dismissal, the decision
of court is that the dismissal that has been taken place was unfair. According to employment
right act 1996, section 96, the termination that was performed was not in a legal manner it was
totally unfair.
In case of Calvin and Donna, dismissal situation was there which was not appropriate as
because employer here don't even ask and investigated about missing £100, she directly put
blame upon Calvin without knowing from him as well as also she call him a thief which is really
a negative aspect that an employer must avoid. It is very essential being an owner or leading
person in firm to ask and find out the exact situation then only actions and decisions has to be
made. In case of dismissal of employee (Calvin), prior notice has to be firstly given as law states,
before terminating 10-15 days prior a written or verbal notice has to be provided then only such
action can be taken unless, no decision is made (Mnookin and Weisberg, 2014). Calvin as having
an employment right can ask question and can even sue employer for breaching the contract.
In situation of Kevin and Dan, insurance company cannot deny its customers for the
claim that they for loss, until and unless a specific information related to this has not be
conveyed to them. It is very essential for company and customers to be in a state of utmost good
faith, where both of them has to inform each and every detail so that no problem get arise in
future. In this case Dan was not aware of the fact that he had claimed in 23 months only and he
said last claim was done before 2 years. And also company didn't mention their clause regarding
2-year situation, but no insurance law defines that before 24 months second claim cannot be
made.
M3)
For case of Designer Calvin, positive impact of solution is that he will be able to get his justice
as he hasn't stole the money as Donna feels. So a negative image can be retained back. Also he
will be able to work in same firm again. Employees should be availed with a written employment
contract. As per law various rights are provided to employees.
Where as the negative impact is that company will not rely upon him has he took action
against the injustice performed by Donna to him. This will create a situation that being an
13
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employee in an organisation still he will not feel motivated and will not be able to perform in an
effective manner, as because an unfair dismissal will impact upon the morale of a person as well.
This will also create a circumstance where conflict can arise. For an organisation it will affect
very badly as because it will become hard for company to build a good and healthy relationship
with its employees.
In case of Kevin and Dan, positive impact can be the right being a customers will be provided.
As he had insured the store and with out any kind of justification and clear information, company
has no right to deny for the claim. So with support of legal action Dan will get the insurance
claim.
Negative impact will fall upon the company that no customers will give priority to that particular
company as they will find it as a fraud because of the experience that Dan has faced.
TASK4
P6) Recommending legal solution on alternative legal system.
(A)
Alternative dispute resolution is basically used to avail related solutions for complaints that are
made by customers (Nissenbaum, 2011). It is very helpful for an organisation to opt as because it
will assist in get rid from all the possible negative consequences that might occur by not using
this concept in an organisation. Benefits that can be availed from this legal system-
It helps in lowering the cost.
More flexibility and quick results.
Confidential.
Neutral
Easy to understand.
Process is short.
Process of ADR
First- Both the parties have the right to have a particular control over process of ADR.
They can select, time, neutral and ground rules so that at quick the process could be able
to reach to an end.
14
effective manner, as because an unfair dismissal will impact upon the morale of a person as well.
This will also create a circumstance where conflict can arise. For an organisation it will affect
very badly as because it will become hard for company to build a good and healthy relationship
with its employees.
In case of Kevin and Dan, positive impact can be the right being a customers will be provided.
As he had insured the store and with out any kind of justification and clear information, company
has no right to deny for the claim. So with support of legal action Dan will get the insurance
claim.
Negative impact will fall upon the company that no customers will give priority to that particular
company as they will find it as a fraud because of the experience that Dan has faced.
TASK4
P6) Recommending legal solution on alternative legal system.
(A)
Alternative dispute resolution is basically used to avail related solutions for complaints that are
made by customers (Nissenbaum, 2011). It is very helpful for an organisation to opt as because it
will assist in get rid from all the possible negative consequences that might occur by not using
this concept in an organisation. Benefits that can be availed from this legal system-
It helps in lowering the cost.
More flexibility and quick results.
Confidential.
Neutral
Easy to understand.
Process is short.
Process of ADR
First- Both the parties have the right to have a particular control over process of ADR.
They can select, time, neutral and ground rules so that at quick the process could be able
to reach to an end.
14

Secondly- with the help of ADR both the parties can be able to involve so that they can
effectively and appropriately communicate with each other regarding the issues and
problems that they are facing.
Finally- at last hearing to both ADR will suggest them its own opinion may be in favour
of any one party where the other need to compromise or it may be a neutral decision
which can be a solution, which they can accept or reject.
(B)
In the present case, Antwon and Tyrell has a dispute, is lasts for long and no solution has come
out yet, they are willing to solve their issues as it will lead in proper functioning of activities of
both the firms. They can go to alternative dispute resolution where they can present their
problem and with help of arbitrators they will get a solution which they have to follow at any
cost. With the help of ADR arbitrators or conciliation, any of the option can be used as because
this is very effective rather than affording for court and its process. Antwon and Tyrell both can
be able to resolve the issue and they must have follow what the decision has been made as
because this will be very effective and appropriate this will also lead to a normal state where
both can be able to carry out their activities and business work properly.
USA UK
Contract law According to contract law
USA is adapting Dispute act
1978, where all the
information and proper
guidelines are provided in a
detailed manner. Certain
resolutions are also described
so that correct and appropriate
decisions can be made in
court.
In United Kingdom, Contract
act 1990 Is performed where
several aspects regarding legal
and illegal elements of
business has been described
and all information that is
required to create a valid
contract has been mentioned in
the act (Parker and Nielsen,
2011).
Company law Security act 1933, Security and
exchange act 1934, is adopted
Companies act 2006, is
adopted by UK nation, here
15
effectively and appropriately communicate with each other regarding the issues and
problems that they are facing.
Finally- at last hearing to both ADR will suggest them its own opinion may be in favour
of any one party where the other need to compromise or it may be a neutral decision
which can be a solution, which they can accept or reject.
(B)
In the present case, Antwon and Tyrell has a dispute, is lasts for long and no solution has come
out yet, they are willing to solve their issues as it will lead in proper functioning of activities of
both the firms. They can go to alternative dispute resolution where they can present their
problem and with help of arbitrators they will get a solution which they have to follow at any
cost. With the help of ADR arbitrators or conciliation, any of the option can be used as because
this is very effective rather than affording for court and its process. Antwon and Tyrell both can
be able to resolve the issue and they must have follow what the decision has been made as
because this will be very effective and appropriate this will also lead to a normal state where
both can be able to carry out their activities and business work properly.
USA UK
Contract law According to contract law
USA is adapting Dispute act
1978, where all the
information and proper
guidelines are provided in a
detailed manner. Certain
resolutions are also described
so that correct and appropriate
decisions can be made in
court.
In United Kingdom, Contract
act 1990 Is performed where
several aspects regarding legal
and illegal elements of
business has been described
and all information that is
required to create a valid
contract has been mentioned in
the act (Parker and Nielsen,
2011).
Company law Security act 1933, Security and
exchange act 1934, is adopted
Companies act 2006, is
adopted by UK nation, here
15

by USA, this in very detailed
manner shows all the required
aspect regarding, exchanges
and shares (Pohl and Tolhurst,
2010). When registration are
performed then preventive
actions are also defined here.
managements and director's
roles and duties are very well
defined which must be
followed in strict manner.
M4)
As suggested in the case scenario both can be able to appeal for their resolution in court and
ADR best solutions was ADR.
Difference
ADR COURT
Easy process.
Time saving.
Arbitrator and Conciliator plays
important role
Comparatively inexpensive
Process is quite complex
It is very time consuming.
Judge is the one who takes action and
decisions.
Very expensive.
Similarities
ADR COURT
ADR are is involved in resolving
issues.
Decision are very relying.
Similarly court also are made for
providing justice and problem solving.
In court also judge avail effective
solution for conflict and issues.
16
manner shows all the required
aspect regarding, exchanges
and shares (Pohl and Tolhurst,
2010). When registration are
performed then preventive
actions are also defined here.
managements and director's
roles and duties are very well
defined which must be
followed in strict manner.
M4)
As suggested in the case scenario both can be able to appeal for their resolution in court and
ADR best solutions was ADR.
Difference
ADR COURT
Easy process.
Time saving.
Arbitrator and Conciliator plays
important role
Comparatively inexpensive
Process is quite complex
It is very time consuming.
Judge is the one who takes action and
decisions.
Very expensive.
Similarities
ADR COURT
ADR are is involved in resolving
issues.
Decision are very relying.
Similarly court also are made for
providing justice and problem solving.
In court also judge avail effective
solution for conflict and issues.
16
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CONCLUSION
This assignment has helped me in proper understanding all the concept of business laws
that has to be executed by organisation so as to perform all activities and operations in more
efficient manner. Several laws that is responsibility of employer has to be done in appropriate
manner and also this report concludes how impact lies of these laws on actions and functions of a
firm. Role of government in making law has been understood and legal structure of business has
also been described here.
17
This assignment has helped me in proper understanding all the concept of business laws
that has to be executed by organisation so as to perform all activities and operations in more
efficient manner. Several laws that is responsibility of employer has to be done in appropriate
manner and also this report concludes how impact lies of these laws on actions and functions of a
firm. Role of government in making law has been understood and legal structure of business has
also been described here.
17

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18
Books and Journals
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