Business Law Report: Bedfordshire University Internship Assessment

This report analyzes several key aspects of business law, framed within the context of an internship application at a commercial law firm. It begins by outlining the roles of the three main organs of the UK government: the executive, legislature, and judiciary. The report then explores the concept of specific performance as a remedy, detailing its application and limitations within contract law, supported by case studies. Furthermore, it differentiates between a general partnership and a company, highlighting their legal structures and liabilities. Finally, the report addresses the legal aspects of employee dismissal. This comprehensive overview provides valuable insights into fundamental business law principles, relevant for students and professionals alike.

COURSEWORK

Table of Contents
INTRODUCTION...........................................................................................................................2
Roles of three main organs of the government - .........................................................................3
Remedies and limitations for the specific performance :.............................................................5
Difference between general partnership and company with the reference in particular:............6
Dismissal of employees by law :.................................................................................................7
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
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INTRODUCTION
Business law is basically the law body which is formulated to manage and control the
overall operations of business that covers civil laws. Business law primarily exist when company
or enterprise enters within any corporate contract, and deals in any tasks and activity related to
selling goods and services and starting any project that provide advantages to business or
company. The laws of business is significant with respect to stipulating any law or regulation on
numerous activities for the smooth performance of business. The Present study is based on Sahib
who is being graduated from Bedfordshire university and applied for internship for around two
weeks in a commercial law enterprise. During interview process, he was assisted that potent
candidates had to spend considerable time within four departments as well as had to acquire
adequate knowledge & skills regarding their job criteria. Thus, from this view point, the entire
project is basically based on answering the specific set of assessment questions which the report
will address.
Report will involve role of three primary government organs like executive, legislature
and the Judiciary. It will also includes the different remedies taken under particular performances
as well as the limitation levied by the courts for providing relief. Moving further, this report also
elaborates the differences between the company and general partnership majorly in context of
distinct legal entity along with limited liability. Finally, the report closes with the methodology
regarding the employees dismissal at law.
Case Identification : According to the above case study, Sabih a graduate from University of
Bedfordshire. Had applied for two week internships in the overall service commercial law firm
which is situated in London called London Law LLP. Sahib has received an invitation for
internship interview. If Sabih impresses the members of all different departments than it may
lead to have a training contract at London Law firm. The Human Resource manager of the firm,
Rosemary, told that the successful individual would spend their time in the prescribed
departments : Commercial, Public, Employment, Corporate and Pensions. The set of questions
were asked to Sabih related to each department.
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Roles of three main organs of the government -
The three main branches of the government are flexible in the London, since there are
many links exist among the executive and legislative branches whereas the judicial power
remains the completely independent.
The Executive –
The executive branch of the UK government is known as His/Her majesty's Government
(HMG). It consists of hundreds of ministers who carries out laws which are made by the
parliament and runs the government body and country day-to day. Most of the ministers are
members of the majority party in the House of Commons. It's all lead by the Prime Minister,
which is the leader of the majority party. Prime Minister is appointed by the monarch to lead and
form new government after the election. Prime Minister takes the responsibility of all the polices
and decisions of the British government. Appoints other officials of government for different
departments which are responsible for the control and working of such departments. Organizing
and overseeing the all government agencies and departments. They also act as liaison with
monarch and take part in the House of Commons. There main role is to represent the United
Kingdom internationally. Prime Minister and its local branches of government includes the city
majors which are accountable for applying Bills which are produced by the parliament. There
actions are limited by the publicity and the judiciary. The cabinet of the government consists of
20 ministers which are the heads of the different government departments and controls all
department. Government agencies and departments are responsible for implementing the policies
of government into practices and staffed by the civil service. Some government departments of
UK includes the whole of the UK whereas some do not. Non-ministerial departments of UK
government delivers the functions of inspections and regulatory and directly reports to the
Parliament(Fankhauser, Gennaioli and Collins, 2015).
The Judiciary -
The Judiciary includes the judges in the courts of law, They hold office of judicial in
tribunals and lay with the magistrates who staff the magistrates courts. Crown (Monarch)
appoints the senior judicial. Constitutional changes are made under the judiciary. Under the
Constitutional Reform Act 2005, the independent supreme court has been established. Judicial
powers from 1 October 2009 are transferred to this body as previously it was lead by House of
Lords. The member of the judiciary have the great power to decide the laws which can be
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applied on the particular case. In UK the power of judge is eventually high as UK does not have
written constitution so there is no sovereign set of laws gathered at one place which are available
for all its citizens. Because of the enormous power, Judiciary has the big amount of balances and
checks. If the court decision is considered unfair then it should be taken to the supreme court for
the fair and true judgement. Appointments and approvals of the judges are made by the experts
outside the judiciary. And the process of appointment is unpartial and fair according to the
capabilities and experience of the individual who can take over the responsibility of all the laws,
legislation, policies, practices and constitution(Bar‐Siman‐Tov, 2018).
The Legislative -
The legislative branch of government is form of two parts that is elected House of
Commons and House of Lords which is partly elected. Both house limits power of for each one
and avails through expertise for any legislation going through. Bill which is passed by the
Parliament have a legitimate power only when the bill is approved by the Queen, Now s days
rather than check it's a formal ceremony for this. The primary functions of legislative branch is to
vote on different bills which are submitted by the UK government and controlling the executive
branch. Legislative power performed with the joint action of Parliament, Council of State and the
government. Each entity performs the separate functions wholly. The Parliament is formed by
the 60 members of Parliament which is also knowns as MPs are elected for the term period of
five years. The Council of State includes the 21 councillors. Main role of councillors is advisory
rather than enforcement. Its task is to give opinion on the bills along with their amendments
which is proposed during the procedure. According to the Fixed Term Parliaments Act 2011,
general elections should held in every five years on the first Thursday in May. It's both house
performs the four primary duties which are government budgets and authorizing taxes, passing
laws, investigating and scrutinizing administration of government and debating the current issues
which are occurred in the country. The MPs form laws, keep an eye on the administration of
government and controls the finances of governments(Enoch, 2016).
Sahib can adapt and learn various knowledge and information related to the workings of
the government which will help him to understand the working of the different departments and
procedures which is used while introducing the bill in the country and also understands the
different laws and legislations which are amended in the constitution(Amin, Islam and Lopez-
Claros, 2016).
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Remedies and limitations for the specific performance :
Remedies -
Under section 11 of Specific Relief Act, Specific Performance is the remedy which can
be available to the parties for performing their duties, related for fulfilling the contractual
obligation. The remedy can also be undertaken with respect to fulfilling the obligation where one
party is failed to act his obligation with respect to another party which s not based on money. It
can be the injury which is faced by one of the party for not performing the duty with respect to
other party. This remedy can be implemented in the cases where any individual is carrying the
confidential information or any matters of property and availing through relief without any
monetary terms. Specific performances came into existence where a matter is linked with the
contracts of sale of property. However, this carries an action where parties are forced to complete
transactions(Priest, 2019).
Limitations :
Under the Limitations Act 1980, these are the following limitations which are imposed by
court with respect to providing relief to the related parties which are entered the contracts.
Specific Performance is performed under case where contract are related to sale of property and
land. The contract is not performed in respect to personal services cases are filled by parties for
facing losses in maintaining the interest. The other limitation is imposed by the court for the
relief for facing an inadequate remedy for caused damage for not performing the contract. If any
parties adequately compensate the plaintiff parties for the damages occur with respect to
compensating them by awards or damages which happened because of the breach of contract
terms(O'Brien, Wadlington and Wilson, 2017).
This point can be supported by this case study of Nutbrown V Thornton (1805) 10 Ves
159, in this study of case Nutbrown commenced into the contract with the Thornton with regard
to purchasing the machinery which is to delivered on the prescribed time of period. In this
perspective after entering the contract, Thornton refuses to deliver the machinery on the
stipulated time and committed the breach in contract. So Nutbrown decided to approach to
contract with regard to specific performance because the machine which are going to be
delivered are very rare and not easily available. In such case fulfilling the damage is not
sufficient as the machinery is rarest and will not be easily available. So the party are forced to
enter into the contract and complete the contract in the better way(Gao and Zhang, 2016).
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Another case study also supports the statement which is related to Cohen V Roche (1927)
1 KB 169, it is the case where court itself refuses for granting the specific performance as the
case was to deliver the chairs. The case is among Cohen and Roche where Cohen entered into the
contract with respect to Roche for buying the Hepplewhite chairs which is selled from his shop.
Roche refused to deliver the chairs which result to breach of contract. So the Cohen file a case
against the Roche and wants the Roche to deliver the chair under the special performance. The
court refused to perform the specific performance as chairs can easily be available on the any
store thus court doesn't bound the Roche to perform the contract and deliver the chair under the
special performance.
Sahib can avail through this specific performance remedy for getting the adequate
information and knowledge related to activities which is needed in such performance. Limitation
can also occur in the various situations while reflecting the specific performance(Rogers, 2016).
Difference between general partnership and company with the reference in particular:
General Partnership -
Partnership is a general bonding between two partners which aims to run a common
business, they agree on same terms and conditions to run a business including all the profits,
entities liabilities of a jointly owned business to form a successful business structure. Partnership
depends in a common interest which needs to be done on a common base which needs to be
developed, this means either of the assets are liable will be common for the entirety of business
partnership's obligation. Taxes imposed must be liable for both the partners equal share must be
imposed to both the partners. A legal consideration between both of the owners will lead to the
alienist working of the firm and help in salient working of the organization. This will lead to easy
and salient working of management. If any of the crisis occurs it will lead to the slow and steady
working of management. A partnership consists of minimum two persons which binds up to take
up the organization. Partnership must be done on a legal partnership and agreements which take
up the legal documentation of the partnership. In some cases there arises the cases where there
arises conditions where the partners does not end up-to a common point where the situation of
conflict arises which leads to disagreement and unsuccessful partnerships. In some cases partners
disagree on a particular cases there is a crisis and a mutual bonding breaks. Board agreements are
essential as there must be a mutual understanding between partners which appoints board of
directors. Sometimes even innocent players can be made a victim as other partner commit
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inappropriate or illegal actions. In case one partner dies or suffers from natural calamity like
disability. Partnership may be transferred to the successor. Both the individual are liable for any
misconduct or mis-happening in the firm and both are liable to work under those circumstances.
Liabilities must be equally shared with the partners(Cheng and et.al.,2018).
Company -
Company is a separate legal entity which aims to work towards a common goal. It is
made by a group of individuals which work towards a common goal. They engage in activities
which works for better operation of business. A company can be made for various ways for
financial and taxation policy. The structure of the organization denotes the way in which the
structure is denoted by ownership structure of company. A company has a same legal rights and
procedures. Benefits of starting a company includes a diversification of the company. As a legal
trait all the individuals works for a common objectives and procedures which works for equal
sharing in the firm. Many of the organization are equally outsourced which are shared through
Initial Public Offerings. Many of the bigger companies are public companies. These are made
public through laws and guidelines which aims to prevent frauds and illegal business activities.
Some companies work under private ownership which works under defined objectives although
they share equity and share holding in private manner these are non trading companies. Limited
companies works with the limited assets and debts which are separated form shareholders. Due
to normal activities of business a company experiences a financial crisis because of normal
business activities, personal assets of shareholders will not be at risk and can be seized.
Liabilities of these vary with the different types of ownership which aims to work for the
organizational structure as different organization has different liabilities which are limited to
access as any individual can hinder the performance of the organization and affects the
performance of the firm.
Sahib can better understand the company and partnership firms laws under the companies
act which is very helpful for further company's procedure and law implementation in the various
field and requirements related to the company(Orrenius, Zavodny and Gutierrez, 2018).
Dismissal of employees by law :
Dismissal of the employees is when the employers end the employment of the particular
individual where they do not give prior notice to the employees. For dismissing the employers
must show the valid reason which can be justified and reasonably acted in circumstances. If the
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employee is a fixed term worker or part-time worker they will not be treated favourably as
compare to the permanent and full-time employee. Notice period must be given to the employees
which must be mentioned in the contract of the company or statutory minimum notice period,
whichever is longer. There can be some situations where an employee can be immediately
dismissed without any prior notice period. This type of dismissal is known as Summary
dismissal. Employers should investigate the all circumstances before dismissing the employees.
If employer gives a notice that the employee is going to be dismissed then last day of notice will
be the day when the employment contract will end. If the contract was terminated without any
prior notice by the employers and employee was not entitled to receive any notice and the
contract is terminated for the misconduct then the end date will be the day of dismissal. For fixed
employees the employment contract ended on the pre-agreed date which is mentioned in the
contract(Bose and Biswas, 2018).
If an employee receive the payment in lieu of notice (PILON) then the end day for the
employee will be the last day they worked for their employers. Employees have a right to receive
the PILON which should be written in the employee contract. It a good practice for an employer
to provide a valid reason to their employees for dismissal. The employees are liable to receive a
written statement from their employees providing the reason for their dismissal. The written
statement is provided in the particular reasons which are if an employee have completed the
several years of services with the employers or a company and if employee is employed under
the fixed-term contract which is expired and will not be renewed. Employee should ask their
employees for the written statement and the employers are liable to give it to the employee
within the 14 days of asking. If employees is dismissed while on maternity, pregnancy or
adoption leave then also they are entitled to have a written notice by their employers without
asking. Employee has a right to receive the written reason by the employers for dismissal and
employers are not giving the written reason and if the employee doesn't believe the reason then
they can complain to the Industrial Tribunal. Employee can claim the unfair dismissal so that the
further action may take by the Industrial Tribunal. Employees can get related help from the
Labour Relations agency which offers free, impartial and confidential advice on all the
employment rights issues. Trade union also provides helps and advice to the employee related to
the employees laws.
This is very helpful for Sahib for understanding the dismissal law and thus the
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implementation of such procedure can be applied to the employees in the better way and in the
fair way. Laws related to dismissal can also be understood(Guerin and Barreiro, 2016).
CONCLUSION
From the above study it is concluded that business law are very important to understand
and taken into acknowledge so that it can be helpful for the company and its employers to better
perform the business activities with regard to laws and regulations. Government laws and
legislations with regard to companies helps them to perform the fair business activities and
safeguard employees from unfair dismissal and unfair treatment by their employers. Different
company provisions formed under Companies Act had set up the guidelines for the companies
that should be performed to operate the business process accurately and fairly and all companies
can equally perform the business processes under the same guidelines and set criteria.
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REFERENCES
Books and Journals
Amin, M., Islam, A. and Lopez-Claros, A., 2016. Absent laws and missing women: can domestic
violence legislation reduce female mortality?. The World Bank.
Bar‐Siman‐Tov, I., 2018. Temporary legislation, better regulation, and experimentalist
governance: An empirical study. Regulation & Governance.12(2). pp.192-219.
Bose, I. and Biswas, S. B., 2018. International Employment Laws, Standards, Recommendations
& HRM. Indian Journal of Industrial Relations.53(3).
Cheng, H and et.al.,2018. Employment discrimination laws: a country level analysis of voice and
accountability. International Journal of Law and Management.60(6). pp.1286-1298.
Enoch, M., 2016. Combating cyberbullying: When legislation goes too far. JL & Educ.45.p.435.
Fankhauser, S., Gennaioli, C. and Collins, M., 2015. The political economy of passing climate
change legislation: Evidence from a survey. Global Environmental Change.35. pp.52-61.
Gao, H. and Zhang, W., 2016. Employment nondiscrimination acts and corporate
innovation. Management Science.63(9). pp.2982-2999.
Guerin, L. and Barreiro, S., 2016. Essential Guide to Federal Employment Laws. Nolo.
O'Brien, R. C., Wadlington, W. and Wilson, R. F., 2017.Domestic Relations: Selected Uniform
Laws, Model Legislation, Federal Statutes, State Statutes, And International Treaties.
Foundation.
Orrenius, P. M., Zavodny, M. and Gutierrez, E., 2018. Do State Employment Eligibility
Verification Laws Affect Job Turnover?.Contemporary Economic Policy.36(2). pp.394-
409.
Priest, W. C., 2019. Risks, Concerns, and Social Legislation: Forces That Led to Laws on
Health, Safety, and the Environment. Routledge.
Rogers, B., 2016. Employment rights in the platform economy: Getting back to basics. Harv. L.
& Pol'y Rev.10. p.479.
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