Business Law: Exploring the Legal System, Impact & Legal Solutions

This report delves into the UK legal system, examining its sources, the role of government in law-making, and the application of statutory and common law. It evaluates the effectiveness of the legal system, considering recent reforms and developments. The report illustrates the potential impact of company, employment, and contract law on businesses, differentiating between regulations, legislation, and standards. It suggests and justifies appropriate legal solutions for business problems like contract termination, insolvency, and liquidation, while also assessing the positive and negative impacts of these solutions. Furthermore, it recommends legal solutions based on alternative legal advice and compares their effectiveness, providing a critical review of their use.

Business Law
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Contents
Introduction................................................................................................................................3
LO1. Explain the basic nature of the legal system.....................................................................4
P1 Explain different sources of law and laws that organisations must comply with.............4
P2 Explain the role of government in law-making and how statutory and common law is
applied in the justice courts....................................................................................................6
M1 Evaluate the effectiveness of the legal system in terms of recent reforms and
developments..........................................................................................................................7
LO2.Illustrate the potential impact of the law on a business.....................................................8
P3 Using specific examples illustrate how company, employment and contract law has a
potential impact upon business...............................................................................................8
M2 Differentiate and analyse the potential impacts of regulations, legislation and standards.
..............................................................................................................................................10
D1 Provide a coherent and critical evaluation of the legal system and law, with evidence
drawn from a range of different relevant examples to support judgements.........................11
LO3. Suggest appropriate legal solutions to business problems..............................................12
P4 Suggest appropriate legal solutions for a range of business problems e.g. termination of
contract, rescue from insolvency and liquidation.................................................................12
P5 Provide justifications for the use of appropriate legal solutions.....................................14
M3 Assess the positive and negative impacts of legal solutions to business problems.......15
LO4. Recommend appropriate legal solutions based upon alternative legal advice provided.16
P6 Recommend legal solutions based upon a different country’s legal system and/or a
different legal framework.....................................................................................................16
M4 Compare and contrast the effectiveness of these recommendations..............................18
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D2 Critically review and evaluate the use of appropriate legal solutions in comparison with
alternative legal advice.........................................................................................................19
Conclusion................................................................................................................................20
References................................................................................................................................21
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Introduction
The assignment has been designed in a way to support business runners in developing
business options and selecting the right manner. The various regulation and standards have
been discussed in relation to business to understand the positive and negative impacts drawn
by the same. The case studies relates with the rights of creditors to proceed for winding up
and injunction petition in case of violation of contract liability. In order to give the
appropriate finding legal provisions have been discussed with the set precedents applicable
over these. The present trends in legal system for Alternative dispute resolution have been
understood and the features of these have been compared with the two modes. In the end
effectiveness have been critically analysed about the functioning of justice system established
in nation.
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LO1. Explain the basic nature of the legal system.
P1 Explain different sources of law and laws that organisations must comply with
a) Discus the meaning of this statement and the various sources of UK Laws.
In UK the state opening is the process by which the session of parliament is formally started.
The Queen’s speech starts with opening of government agenda for parliament (Sovereign,
House of Lords and House of commons). The state opening process involves disclosure of
policies and proposed legislation in the upcoming parliament session.
The legislation which government will be making in the session of it are the result of various
social and economic circumstances in the nation and international level. The resultant
circumstances and events have been given the name of source of law and they are classified
in the various types. Thus making of law by parliament is most prevalent method in the
country and conclusion has been drawn of the fact that there is parliamentary supremacy as
no one is above law and everyone is subject to the law making power of parliament.
Parliament in the country has power to even amend the constitution of the country as well and
no one can challenge the law made by it (ILEX, 2018).
Sources of law in United Kingdom:
Acts of Parliament:
The origin of the statute in the country is parliament that is supreme body in the country
which carries the law making function. Example of statue includes Employment Right Act
1996. Law making through statue is carried in the form of bill and discussion by the Member
of Parliament decide whether statute is to be passed or not. There is another mechanism
through which a statue can be formed and it is known by the name of delegated legislation in
which minsters and other authority is given power to make the law. Barristers, judges and
solicitors are the real contributors in shaping common law.
Precedent / Common Law:
The ratio of case sets the binding authority over the below courts. The decision are also
overruled on many occasions and in that case ratio of the later date decided case law will be
the binding precedent over the below courts. In the case of Kleinwort Benson Ltd v. Lincoln
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City Council [1998] 4 All ER 513, it was pronounced that all judge made law is common law
and it is thorough judicial change only relevancy of law is maintained (Law Teacher, 2018).
Law from EU:
United Kingdom is one of the signatories of the European Union committee and therefore it
is bound by all European laws. The situation of contradiction of laws between UK and
European Union, the dominance is there of European Union and all are bound by it only.
International Court:
The judgments that are delivered by international court are followed if the same issue arises
before the municipal courts in the country.
Custom:
The traditional practices those are so habitual and common that the contrary legal practices
cannot be established. These practices are given legal support so that trial impeachment of the
same can be handled in legal manner.
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P2 Explain the role of government in law-making and how statutory and common law is
applied in the justice courts.
Parliament body of government makes laws in UK. The government agenda process initiates
the list of issues in order to gain the full support of voters. The winning party in election form
the government of the country. The need of law making can arise due to natural disasters;
terrorism etc. or it can also arise from the commitment of the government towards the
European Union. Once realisation to have law over an issue is emerged idea for the
addressing issues are considered. Ministers are approached for taking forward the idea of law.
The green paper outlines are taken from the group of interested one and matter is consulted
with them after this parliamentary counsel outlines the principles in bill.
Since limited session of the parliament are there, the bill for discussion is decided according
to their urgency and seriousness of subject matter of bill and after making this crucial
decision of forwarding for debate in parliament stages have to be cleared for final passing or
bill. Bill can be initiated in any chamber i.e. Lords of Common and after introduction of bill
process for discussion is same. First bill is read simply and then MP discusses the main
principles of the bill. Then the committee of MP and peer one scrutinises the principles and
then amendments decision are taken. After discussion and voting bill sovereign also gives
consent to it and then finally bill becomes law.
Application:
Statues are applied by judges in court for solving case before them and interpretation tools
like harmonising rule, literal rule and grammatical rules are used. Both common law of court
and statute of parliament lays mandate for application over the relevant subject matters. The
statute guides the way in which preventive action can be taken in various manner and
common law guides as to nature of liability to which breaker of law will be bound.
Legislature cannot compete with new kinds of problem and courts in country constantly woks
for making the legal system complete by filling gapes in statutory provisions. The jurisdiction
of court makes it ratio of case biding over the other below courts (Parliament UK, 2018).
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M1 Evaluate the effectiveness of the legal system in terms of recent reforms and
developments.
Development is required in law as any other sector and change in legal rules and principle
carries the effective working of courts. These reforms also assist in maintaining trust and
faith of people. The reforms in constitution have been done recently and the basic changes
carried in it are supportive to legal system. Legal aid commission is system that is also
helpful tool for the judiciary of country to render the justice help to actual needy person at the
cost of government. This system has completely supportive in meeting the object that justice
is equal for all and everyone has right to seek justice. Thus new developments in laws are
more effective and improving the total legal situation.
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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.
JPM Publishing’s directors will have to meet all the legal requirements given under the
below acts so that it can raise funds from public easily. The employer of JPM Publishing
will bear the below explained kinds of liabilities under various legal laws. The director of
company will meet the all duties with care and full dedication which also includes duties
towards employees and applicable law.
1. Health and Safety regulations:
The general duties of directors are given under the Health and Safety Act 1974. They not
only have safety duty towards employees only the list is very which includes public, lawful
visitor at work etc. Only employer does not bear the safety duty employees themselves also
have the duty towards each other and towards work premises as well. The act does not ask
employer to prevent the accidents that are impossible to be prevented or the risk in prevention
of which expenses are disproportionate to risk etc. The only lays general duty which
according to prudent sense is seen apparent and preventive measures can be taken in that
regard.
The Management of Health and Safety at Work Regulations 1999, is there wherein risk has
to be assessed by the employer and the finding of the same has to be noted by employer and
at least five employees of him. The common duties of employer under the act are managing
risk level in organisation and taking the preventive and risk mitigation, hiring the competent
employees who can assist him in settling and arranging the preventive practices. Setting the
effective mechanism to deal in the emergency situation. Having strong and desired training
arrangement in organisation etc. (Work Smart, 2018).
2. Equal Opportunities regulations:
Discriminatory treatment with employees is unlawful. Equality Act 2010v is consolidated act
wherein all types of discriminatory practices have been addressed. The act has replaced
previous all acts like Sex Discrimination Act 1975, Race Relation Act 1976 and Disability
Discrimination Act 1995. There are separated processes which have been developed for
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discriminatory practices. The procedure of discriminatory practices at work after 2010 will be
applicable over the JPM Publishing. The Acts provides that everyone at work ensure basic
equality framework for direct and indirect discrimination, allowing the positive action in case
of discriminatory cases. Employer has to follow a complete check system over positive
attitude of employees towards each other. Making equal platform for work and to get
promoted for the various available position in the organisation. Allowing every applicant to
give interview and get selected on meeting the prescribed qualification (Gov. UK, 2018).
3. General Data Protection Regulation (GDPR).
GDPR 2018 has been developed as one of strong legislation for handling the data. It provides
the strong ways in which the personalised information of the individuals can be kept in the
business. The act has also provides the strong remedies and ways in which the individual can
handle his private information and various ways to secure the information can also be used
under it. The act for the first time allowed the individual to access the information that is
stored by the company and therefore a complete transparency has been developed in the act.
All business corporations and companies are bound by the rules of the act and they have to
revise their practices and data storing system to save the technical threats (Burgess, 2018).
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M2 Differentiate and analyse the potential impacts of regulations, legislation and
standards.
The JPM will get the positive impression result if it will follow the legal requirements given
under these regulations and standards. Every business run short of financial resources and as
a public company if it will be raising fund from the public it will have to raise the fund and
investment will only be made by stakeholders when the good image of the company have
been established. Therefore follow up to legal requirements will be helpful in running the
public company by successfully raising the required fund (Parliament UK, 2018).
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D1 Provide a coherent and critical evaluation of the legal system and law, with evidence
drawn from a range of different relevant examples to support judgements.
The statutory law is static and common law power of court is totally different wherein the
judges are vigilant and makes the judgment that fits to the current prevailing social
conditions. The Rule of Change as per the concept of Hart requires the amendment and
changes in law to save them to be redundant and ineffective. The shortcoming of legislature
is removed by the judges in court and also through amendment by parliamentary process as
well which makes the legal system working even in new kinds of social challenges. The legal
aid system developed in country to serve the justice to poor shows positive attitude and
endeavours by government to achieve the object of legal system as effective. Continuous
development tool adopted by government will be supporting in justice system of country
(ILEX, 2018).
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