Business Law Report: UK Legal System, Law Making and Impact

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.

BUSINESS LAW

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
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.
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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.
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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)
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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.
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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.
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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-
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 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
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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
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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,
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