Business Law: Legal Systems, Business Impacts, and Solutions

This business law assignment provides an overview of the English legal system and its impact on businesses. Section one explains the sources of law, the role of government in law-making, and evaluates the effectiveness of the legal system, including recent reforms and developments. It covers legislation, case law, customs, and the roles of barristers, solicitors, and judges. Section two illustrates the potential impact of company, employment, and contract law on businesses, using specific examples such as the Companies Act 2006, Health and Safety at Work Act 1974, and Equality Act 2010. The report differentiates between regulations, legislation, and standards, and suggests appropriate legal solutions for business problems like contract termination, insolvency, and liquidation. Alternative dispute resolution is presented as a method to resolve disputes. The assignment concludes with a critical review of legal solutions compared with alternative legal advice.

Business law
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Contents
Introduction........................................................................................................................3
Section 1– Nature of legal systems and legislations impacting businesses.....................4
LO1 Explain the basic nature of the legal system.............................................................4
P1 Explain different sources of law and laws that organizations 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 analyze 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 judgments...11
Section 2- Legal solutions to business problems............................................................12
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
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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
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
In this assignment of business law, the provisions and statues of corporations and
business law are considered. The report is divided into two sections, section one
describes the nature of English system and legislation which are regulated on business
organizations of the country. It also describes the sources of law from where the laws
arrived and role of Government in lawmaking. There are certain reforms and
developments takes place in the country for the effectiveness of companies. In section
two the laws of insolvency and Employment regulations are discussed as per the case
scenario and provisions are applied to employers and officers of the company. The
alternative dispute resolution process is also the good method to solve the dispute
between the parties.
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Section 1– Nature of legal systems and legislation impacting businesses
LO1 Explain the basic nature of the legal system
P1 Explain different sources of law and laws that organizations must comply with.
The sovereignty of Parliament is the supreme high authority of the United Kingdom. In
an older time, in country Parliament is not the subject matter of legal limitation and
courts of country have no power to declare the laws. In the words of Dicey, Parliament
has complete power and it has certain factors such as:
 Parliament has power to pass laws on any matter
 The laws of parliament can regulate the functions and operations of anywhere,
anyone.
 Laws developed by Parliament cannot be overruled by the courts.
 Parliament does not bind its successors in the manner and content with
subsequent legislation.
Sources of law:
English legal system is developed in four manners named as legislation, Human rights
law, European law and common law. The fifth method is custom but it is not discussed
since legislation and case law have incorporated custom It is considered that Parliament
has the power of lawmaking.
 Legislation: This is the primary sources of law that consists of the legal
regulation by competent authority. It has several purposes to authorize, to
regulate, to enable, to prescribe, to sanction, to restrict and to declare. The
legislation of parliament developed new laws known as Acts of Parliament that
repeals and amends old laws. The legislature also delegates the power of
lawmaking to other lower level bodies (Hart, And Green, 2012).
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 Case law: Judicial Precedent is depended on the doctrine of stare decisis and
related to jurisdictions on the common law. Precedents are the combined
principle of law originated from the decisions laid down in earlier. Judgments and
decision passed by the judges are important and considered as the source of
law.
 Customs: A general custom is not made in written form but when a practice is
shown and it exists for a long time period then it becomes the source of law.
 International court: It is also called as world court and it is the principal organ of
the United Nations. The court settles the matter between states and members
and provides advice to authorized organs and agencies. It alsoconsistsof 15
panels of judges who are appointed by the Security Council and General
assembly for a period of nine years (Anderson, 2016)
 European court: It is the supreme court of European Union for the matter
related to European Union law. As a portion of the Justice court of the European
Union, it is related with interpretation of European law and ensure equal
application of laws in all states of Europe.
Role of Barristers; Solicitors; Judges:
Barristers: The person who speaks in court and gives the case to Jury and Judge. In
some legal system, he receives more training in ethics, evidence law, and procedure
and court practice. They are selected by the Solicitors to present the case in front of the
court.
Solicitors: The person gives assistance and advice on commercial and legal matters to
clients. The working of solicitors is different on the basis of law and its related area.
They have direct contact with Barristers and clients also (Hoffman, et. al., 2014).
Judges: Judges plays several roles, they assess the provided evidence, interpret the
statutes, and control on trials and hearings in courtrooms. They are impartial on making
the decision in the pursuance of justice.
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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
Government plays an important role in making the laws. Before framing the law, certain
stages and procedure of law making are followed in Parliament. The approval of House
of Lords is required to develop the laws. All laws of the country commence with the bill,
which is given by an interested person in green paper. There are several types of bills
such as private members bills, Public bills and private bills. The white paper is the
further step to make the law which includes various reform plans.
First reading: The bill is read in house of common at the beginning
Second reading: The debate is made over on proposal of bill.
Committee stage: The full scrutiny of the bill is takes place by a number of experts of
the House of Commons.
Report stage: The debate is made over on amendments present by members.
Third reading: The bill is re-proposed where members vote and debate on allow or
ignore the legislation to remains in real form. After the decision passed on legislation
then bill goes to the House of Lords.
Royal assent: It is the last stage where the bill becomes and Law or statue. The
consent of Queen is required to create the law.
Common law: It is frequent reforming structure, and its principles are made under court
judges. The judgments are passed by judges as per the similar actions taken on earlier
cases. The case laws are common in nature and structure in all jurisdictions such as
Wales and England. In criminal cases, the criminal division court and House of Lords
decide the matter as per the intensity of crime (Anderson, 2016)
Statutory law: The laws are made in written format and mentioned in various regulatory
bodies. The structure of law varies from common and administrative law according to
the decision of the court. Private and public Acts of different parts of the country are
involved in the law framework. This is applied in justice courts as the primary structure
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of system and it’s also applied to regulating the society and community for future cases
(Partington, 2016).
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M1 Evaluate the effectiveness of the legal system in terms of recent reforms and
developments
There are several changes are developed in the English legal system of the country in
coalition administration provided by David Cameron. For example, development of
Supreme Court by the replacement of House of Lords, development of Tribunal service
with the merger of Court service and creation of Judicial Appointments commission etc.
The other reforms are developed for the effectiveness of a business organization is
information technology, Equality Act, Environment Protection etc. the nature of society
is very dynamic and there is need of new laws and certain amendments in the country.
The aim behind Equality Act is to treat all employees and labor in the business
organization must be treated equally with due respect. The employees are protected
from discrimination, victimization, and harassment spread in the organization. The
environment protection laws regulate that no any business organization spread
hazardous substances beyond the limit prescribed in regulation (Partington, 2016).
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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 on business
Responsibilities and duties of the Directors as per Companies Act 2006:
o Directors act in accordance with the powers laid down by the authority and Act.
o Director has a duty to promote the success and development of company
o Directors of the company provide independent judgment to the make the
decisions
o To act in accordance with reasonable care, diligence, and skill.
o Directors must avoid the situation where conflicts are raised.
o Directors are not responsible to accept the profits from third parties
Health and Safety Regulations: The provisions of Health and Safety at Work Act
1974, provides that in every business organization employer of the company is
responsible to provide better facilities to employees related to their health, welfare, and
safety of employees at workplace. Employees play an important role and coordinate
with employer to protect own and others in operations of the organization. If any
accident takes place at employment during the work then employer is responsible for it.
In the given case, JPM Publishing is responsible to protect the health and safety of
employees when duties are increased due to shift of public limited company. Employees
are assets of the company so their better protection is an important concern (Davies, et.
al., 2016).
Equal opportunity regulations: As per the Equality Act 2010 provides that
discrimination is prohibited that is conducted in employment, training level, education
system, in terms of the gender, age, disability, civil partnership, marriage, maternity
leave, race, rituals etc. All employees, staff members, students at every level of the
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organizations are must be treated in an equal manner without any discrimination. The
employer is liable guilty when there is any harassment, victimizations, direct and indirect
discrimination, and much other wrongful acts. In the given case, with the expansion of
business structure the number of employees is also increased then it is necessary to
treat all employees equally at employment workplace (Gowland, 2013).
General and data regulations: It is the regulation developed by European law on the
data protection and security for all people within the European Economic area and
European Union The objective of this regulation is to protect the data and information
of residents of a country and at their national and international level. As per the
European Commission, the personal and professional information are protected. In this
case, as the company is growing large with public limited company so information is
must protect in a confidential manner. The information of employees, directors and all
other level staff members are protected from any unauthorized access and fraudulent
access (Translegal, 2017).
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M2 Differentiate and analyze the potential impacts of regulations, legislation, and
standards
The above-mentionedlegislation of the Equality Act 2010, Health and safety at work
act 1974 and General Data Protection Regulations provides various rules for the
business organization and its better functioning. The potential impact of following such
standards and regulations of such provision is very effective for future growth and
development. The relationship between employers and employees become more strong
due to equal treatment is given to them with due respect. The employers provide better
facilities for the health, safety, and welfare of employees during the time of employment
level. With the development of data protection regulations, the personal and
professional information of the all directors, employees, staff members is kept secure
from any unauthorized access (Summers, 2013).
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