Business Law Report: Exploring Legal Solutions for Businesses

This report delves into the intricacies of business law, examining its fundamental principles and practical applications within a company context. It begins by explaining the nature of the legal system, exploring different sources of law such as the constitution, legislative law, executive decisions, judicial decisions, and commercial treaties, and the role of government in law-making, differentiating between statutory and common law. The report then illustrates the potential impact of company, employment, and contract law on business operations, providing specific examples to demonstrate these effects. Furthermore, it examines the legal formation of various types of business organizations including sole proprietorships, partnerships, co-operative societies, and joint-stock companies. The report also covers how these organizations are managed and funded. Finally, it recommends appropriate legal solutions for resolving a range of disputes, offering valuable insights for business owners and managers. This report offers a comprehensive understanding of business law and its practical implications.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
LO1: Explain the nature of the legal system...................................................................................3
P1. Explain different sources of law............................................................................................3
P2. Explain the role of government in law making and how statutory and common law is
applied in the justice courts.........................................................................................................5
LO2. Illustrate the potential impact of the law on a business..........................................................6
P3. Using specific examples illustrate how company, employment and contract law has a
potential impact upon business....................................................................................................6
LO3. Examine the formation of different types of business organizations.....................................7
P4. Explore how different types of business organizations are legally formed...........................7
P5. Explain how business organizations are managed and funded.............................................8
LO4. Recommend appropriate legal solutions to resolve areas of dispute....................................10
P6. Recommend legal solutions for resolving a range of disputes using examples..................10
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Business law has the main objective to identify how to apply legal system to a company's
activities and decisions. The fundamental definition of corporate law should be tested on the
grounds of the essence of the legal framework, the possible effect of legislation on industry and
the creation of different forms of company. There really is no other alternative in contemporary
days but the legal system to uphold political values, the dignity of people as well as the
freedoms. The legal system is built on the principle that everyone is legally equal. This
recognition protects political influence from being oppressive and helps preserve law and order.
This assignment will also talk about legal solutions applied by a company's owners and
promoters. The legal system is the foundation for effective government. This policy enhances
general well-being by preventing official arbitrariness. This may also be built on principles of
legislation and legislative arrangements.
LO1: Explain the nature of the legal system
P1. Explain different sources of law
Business law: It legislation applied primarily to commercial practices and businesses; it
can be separated into two categories; industry and legislation. When, applying any thin
difference to the goods, company is the operation of delivering services by facilitating salesman
with buyer. In the other side; the word law connected with government regulations as well as
other controlled authority (Miller, 2016). However, corporate law includes both laws and
regulations that are imposed on corporation to carry out any tasks or activities unless violating
the corporation's terms of service. These are some of the relevant references discussed:
1. Constitution: The concept of the separation of powers resides at the center of the federal
framework. Legislative, executive and judicial abilities vary but are retained by two main
governmental agencies. This difference is strongly outlined in its first 3 sections of the
Constitution.
 Section 1: All judicial power accorded within this segment would be entrenched in
Congress

 Section 2: This stipulates that perhaps the President shall have legislative authority.
Political authority must be vested in the President pursuant
 Section 3: This specifies that the judicial functions power was vested in the Supreme
Court as well as other state courts that might be named and created from period to period
by Parliament.
2. Legislative law makers: The constitutional power was first practiced in Scotland, when
Parliament exerted certain privileges in order to shield itself against the intrusion of the Queen.
England's constitution has provided allowance for other freedoms and benefits, such as the
ability of parliamentarians to openly talk and participate in Constitution. The right cannot be
used where it creates real interference in the workings of the government, not against general
opinion and critique.
3. Executives: Legislature makes payments for many of this government expenditure by means
of legislative funding and public funds, recognized also as "civil list." It also allocates an annual
grant for the upkeep of royal palace as well as official Queen consults. Many spending budgets,
namely staffing expenses, state tours, formal obligations including official recreation, are
covered by the municipal database (Beatty, Samuelson, and April, 2018).
4. Judicial decision: Meaning of section 95 including its CGST / SGST Act and Section 12 of the
UTGST Act, an advisory judgment relates to a decision made to the petitioner by the power or
the high court in such circumstances or in issues as provided for in Section 97 of the CGST /
SGST Act. 2) Whether eluded to in point 100(1) in support of the supply of products and/or
services which the claimant renders or proposes.
5. Commercial treaty and agreement: Free trade deal is created with the goal of making markets
more free here between 2 world countries. Under these would be simpler import tariffs,
incentives, administrative rules, fees, restrictions or taxation on products purchased from one
another. The whole Treaty helps make manufacturing costs considerably cheaper in 2 nations
than those in the vast majority of countries.

P2. Explain the role of government in law making and how statutory and
common law is applied in the justice courts
Parliament's Community is really having the role to pass legislation on the issues listed in
the document. State legislators will pass laws on issues specified in the State list. Only
Legislation is allowed to pass laws for subjects not contained in the state or parallel register. The
topics listed in the constitution act can be enacted by Parliament or even the national legislature,
although only the legislation enacted by congress will be relevant in case of disagreement and
the rule enacted by a Government will be null as soon because this law is accepted by the
President. That legislation has also been stored securely and everyone’s authorization has still
not been adopted and if approval is obtained, that law would be efficient in that nation (Jan and
Harm, 2019).
The national assembly is mainly an institution which makes law which is now being replaced in
Parliament as a statute. This becomes legislation after it passes through legislature as well as the
President's authorization. There are two kinds of legislation coming to Parliament.
Usage of modern and procedural legislation of fairness
Common rule (also known as legal tradition, or judge-made statute, or jurisprudence) is
where the rule is formed from trial decisions and related tribunals. The key aspect of "common
law" is that it becomes a case in point. In cases where people disapprove with the law, a statutory
court will look well beyond the applicable court's past decisions, as well as reconstructs the
ideals of those cases which really pertain to the current facts. Since in the precedent a
comparable conflict has been settled, the court is usually obliged to accept the logic applied in
the first judgment. Nevertheless, the court considers that the present conflict is drastically
different from across all past disputes (alluded to as the "initial experience case"), or the rules
seem to be either neutral or vague on the question, justices do have duty and authority to settle
the matter (one side or the other has to prevail, as well as the judges rule on the discrepancy with
the law).
As just an instance of attaching up the future judiciary and defendants the trial judge sets
out a viewpoint that provides reasons, but those explanations correspond with previous decisions
(Basedow, 2017). Common law, as a system of legislation developed by courts, compares on an

equal basis with laws enacted by the federal bureaucracy by the constitutional process and
regulations promulgated. Causality does have the concept that cases should be continuously
finally agreed in accordance with principle laws in order to produce comparable findings to the
very same factual information, as described throughout in common law systems).
LO2. Illustrate the potential impact of the law on a business
P3. Using specific examples illustrate how company, employment and contract
law has a potential impact upon business
The rule of business, work and agreement assumes a significant position in every
company. Business practices encompass a significant portion of all three elements. Several of the
possible market impacts of client, jobs and contract law is listed below:
Company law: This law is by far the most crucial matter enabling the core government
to legislate a company's creation and operations. This is sometimes revised and provides for the
appointment of business setup and the accountability of its board members and assistants. The
corporations act is regulated by the British National Government by the Business Department,
Company registrar’s office Department, Registered Liquidators, Public board members,
Company Law Commission, etc. Any company has a duty to obey this legislation to operate its
activities smoothly (Dimatteo, 2016).
Employment law: These are the laws that are produced by a country that defines the
relationships among employees, labour suppliers, labour unions, as well as ruling party. Labour
are separate social classes. The expansion of industrialization, the rise in the permanent group of
income earners, the increasing role of employees in the social and economic life of various
countries as well as the enhancement of their position, the growth of labour unions, recognition
of their privileges between employees, literacy between trade union members
Contract law: A contract is a guarantee or series of guarantees which is technically
enforceable and enables the affected party to obtain civil redress if it is violated. Contract law
defines and regulates the responsibilities and privileges that arise from agreements. Every other
party must be in a position to conclude a contract. While most employment agreements are

contractual, required documents including a signed, recorded written document can allow other
forms of agreements for a group to be restricted on its own conditions.
Legislation is in essence laws and standards set down by government structures to
regulate behaviour. Those rules are enacted by authorities, including individual individuals,
associations and corporations, and also popular figures, organisations and agencies, will observe
the rule. On the other side, rules are instructions given by an organisation to operate effectively
and preserve peace and stability within the members. Regulations are virtually identical to
legislation, in terms of concept.
To create a corporation, it has to obey a series of rules, laws and guidelines that allow it to
operate smoothly. Laws and standards have also been designed to ensure fair opportunities for
everyone. All three help guarantee that each company has to obey a set of rules and therefore
should company face the risk of any social condition whether it breaks those regulations (Roach,
2016).
LO3. Examine the formation of different types of business organizations
P4. Explore how different types of business organizations are legally formed
There are many kinds of business institutions that are decided on the basis of required
documents, company structure and membership numbers. There are various forms of control and
management-based corporate organisation. That involve sole proprietor, alliance, Mutual
Corporation and shared venture capital. These forms are dealt with below:
1. Sole Proprietorship: this is a type of management where a single individual is to operate the
company as well as tolerate the profits and losses. This company enterprise has its benefits, it can
be certainly set up and shut down, this could take fast decisions and operate rapidly on them,
strong encouragement and organizational efficiency.
2. Partnership: A partnership is a type of business structure wherein two or even more qualified
respondents agree to operate a company that is constitution-friendly as well as comply to share
profits. A collaboration company is simple to create, and its activities are versatile. Since all of
the members are company profit and loss partners, they are taking full stake in the product

(Mayss and Reed, 2018). The key drawbacks are: limitless responsibility, fragility of life, finite
property, non-transferable interest and lack of shared agreement between partners. Within the
alliance, the stakeholders' energies are pooled and are better used with the aid of rational decision
taking. Under this theory, the rights of both partners are secured by take benefit of the partners'
relevant unique expertise.
3. Co-operative society: This is a voluntary group of citizens working together to further their
business interests. This operates under the concept of self-help and collective assistance.
Cooperative participation is free, and available to all that has its own legislative life and is
collectively regulated.
4. Joint stock Company: A joint stock corporation is a corporate body where owners may
purchase and sell proportion of the firm of the firm. Investor has a proportionate control of the
business, which is shown by its securities (ownership accreditation). Shareholders may pass their
stock to someone without any impact from the growth of a company life.
P5. Explain how business organizations are managed and funded
Separate business organisations, as per their regulations and procedure, have different level of
corporation. Management and help finance specifications are determined by the size of the
operations and the number of employees who work under the owner:
 Sole Proprietorship: This is ideal for clear low-capital as well as low-risk companies.
Corporations needing labour such as handloom, art and design, Jewellers’ jobs, etc., are
usually organized as sole proprietorship companies.
 Partnership: It is appropriate when it comes to organization offering legal services, health
treatment etc. There, companies seeking medium-level funding are appropriate. It is able
to deploy as partnering merchants trade, technical services, brokerage firms and small
development units (Kelly, Hammer and Hendy, 2014).
 Co-operative society: Settling prevalent financial troubles or meeting the wants of the
poor people is formed. They are formed to obtain goods at low prices, house building and
real economy marketing of securities, employees loans and are appropriate for
development granting, etc

 Joint stock Company: Numerous participants oversee this form of entity, and are
contractually obliged by mutual responsibilities and legislation. This is supported either
by taking out loans or collecting capital from various other Non-Bank Financing
Companies (NBFC).
Advantages and disadvantages of different types of organizations:
Sole Proprietorship:
Advantages Disadvantages
Small production costs and maintenance
expenses.
It has limitless liability: sole proprietor's
personal property is subject to duties payable
back.
Equal share in all income. Company has a long life span; ending with the
life of the owner.
Have less rules and legislation. This faces difficulties when increasing the
capital needed to operate the company.
Partnership:
Advantages Disadvantages
Tax pass through Team members have total responsibility with
terms to exchange and loan commitments.
Very simple to use One team member can cause significant
damage to so many partner organizations by
company and consumer property.
Each partner's talents and endurance can be
suitable distribution
The business disbanded after a partner’s
demise without prior thought.
Minimum red tape and legal constraints One partner’s action, both with and without
express permission from many other
stakeholders, will interrupt the company.
Co-operative society:
Advantages Disadvantages
This company sells easily, since there are no
promotional expenses.
Since its participants are mainly of a low income
community, it is easy to collect money in a small
sum.
The costs for keeping accounts respectively
and maintaining them are small because
participants work according to their own
voluntary jobs.
Highly qualified people can't be hired because of
limited finances.
This offers its workers decent wages and roles. It needs careful and comprehensive attention.
Joint stock company:

Advantages Disadvantages
Shareholder responsibility is restricted to the
immediate price.
Output is poor and failures may arise as highly
compensated managers have low interest.
More individuals are inspired to actually
invest; hence they can start raising more capital
to run new product success.
The executives of such institutions as well as
other good technique have far more self-gain
possibilities, since they are familiar with the
company's financial situation and can make
money selling shares correctly.
This falls under ethical limits, and the
community has growing trust.
There are several styles of information that
need to be ready to shape a company. It's
always wasteful and money is lost with it too.
LO4. Recommend appropriate legal solutions to resolve areas of dispute
P6. Recommend legal solutions for resolving a range of disputes using
examples
Case1: Gordon is not really willing to collect salaries for 2017; as well as for 2015 and 2016.
That's already been stated in the contracts act 1950; basic pay of £10,000 and committee of 9 per
cent must be compensated. Afterwards, there really is no change in the agreement; there is only
signed contract among Gordon as well as Fred on wage forgiveness. Since in contract law
including job law there's really no suggestion that; Gordon is allowed to drop his income.
Legislation also imposes that business pay the workers basic pay for their efforts and
achievements. Gordon is often entitled in the context of compensation to seek reimbursement for
unpaid compensation mostly with firm.
Case2: According to contract law among service providers and customers; number will be paid
only after full deployment and device start-up. The contract covers both the configuration of
internet packages and telephone lines. Consequently, Janet cannot be prosecuted mostly on the
grounds of internet package installation. In relation to this, both the internet component and
telephone lines are supplementary products; meaning that World Wide Web would not operate
without telephone lines. Janet is also not eligible to incur fines for connection don't use prior to
three weeks.

Case3: Winding up application will be used for those shareholders who have loans with the
business in excess of £ 750 or the business does not reply when shareholders repeatedly
intimated. To stop ending up; Black horse have some choices listed below:
1. Pay off lender: Throughout this method you will prevent this condition by having paid
off borrower whom has lodged a claim.
2. Deal the contractual settlement of the client (CVA): Blackhorse may either deal for the
conditional payment of the borrower and the balance of the payment on a later specified
date or conclude an obligation to settle the entire sum on the negotiated date.
3. Debt dispute: It should only be used when Blackhorse has substantial proof that perhaps
the proposal prosecuted by the borrower is not accurate.
4. 4. Take debt: Blackhorse will even go and repay and pay down funds from investors.
Some of the sources of legal advice are discussed below:
Solicitor Referral Service: This program is run by NSW bar association; it looks for businesses
that address customer requirements and offer facilities appropriately. This only generates jobs,
employment contract additional assistance to income conduct and settlement agreement act.
Legal Aid NSW: This delivers a variety of legal resources to entities or staff or clients requesting
professional counsel and support and adjournment before court. It really doesn't offer businesses
and employees some legal guidance (Mann and Roberts, 2011).
CONCLUSION
In the end of report, it can even be found that the law helps make all individuals equitable and
limits ethically questionable undertakings to harm the general population or customers only by
profit. This also limits industrial firms to contaminate the air and damage workers and public
safety protection. Contract act makes it clear and necessary to prevent lawsuits between two
different parties. There have been various forms of cooperatives which are produced similar to
customers' wants. Any of them are significant commodity partnerships communities, supplier
cooperatives, retail cooperatives, resident collectives, land collectives and credit organisations.

REFERENCES
Books and Journals
Basedow, J., 2017. BREXIT and business law. China-EU Law Journal, 5(3-4), pp.101-118.
Beatty, J.F., Samuelson, S.S. and Abril, P., 2018. Essentials of Business Law. Cengage Learning.
Dimatteo, L., 2016. International business law and the legal environment: a transactional
approach. Taylor & Francis.
Ibp, I., 2017. Romania Business Law Handbook Volume 1 Strategic Information and Basic Laws.
Int'l Business Publications.
Jan, K. and Harm, W., 2019. A Basic Guide to International Business Law. Routledge.
Kelly, D., Hammer, R. and Hendy, J., 2014. Business law. Routledge.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Mayss, A. and Reed, A., 2018. European Business Litigation. Routledge.
Miller, R.L., 2016. Business Law Today, Comprehensive. Cengage learning.
Roach, L., 2016. Card and James' Business Law. Oxford University Press.