Legal Solutions for Business: A Comprehensive Business Law Report

This report provides a comprehensive analysis of business law, beginning with an explanation of the basic role of the legal system, including its structure, sources of law, and the government's role in lawmaking. It evaluates the effectiveness of the legal system and discusses the impact of company, employment, and contract law on businesses, using specific examples. The report further differentiates and analyzes the potential impacts of regulations, legislation, and standards. It suggests appropriate legal solutions for a range of business problems, providing justifications for their use and recommending solutions based on different legal systems. Alternative Dispute Resolution (ADR) methods are explored as potential solutions, and the report concludes with a critical review and evaluation of the use of appropriate legal solutions, emphasizing the importance of understanding and navigating the legal landscape for business success. Desklib offers students access to this report along with a wide array of study resources, including past papers and solved assignments.

Business law

Table of Contents
Introduction......................................................................................................................................3
LO1 Explain the basic role of the legal system...............................................................................4
P1 Explain the different sources of law that the organization needs to comply with..................5
P2 Explain the role of government in law making. Explain how the statutory and common law
is applied in the courts.................................................................................................................7
M1 Evaluate the effectiveness of the legal system in terms of the diversity of its laws. Discuss
the problems with different sources of law..................................................................................8
D1 Provide a coherent and critical evaluation of the legal system and law drawn from a range
of different relevant examples to support judgments...................................................................9
LO2: Illustrate the potential impact of the law on a business........................................................10
P3 Using specific examples illustrate how company, employment and contract law has a
potential impact upon business..................................................................................................10
M2 Differentiate and analyze the potential impacts of regulations, legislation,and standards..12
LO3 Suggest appropriate legal solutions to business problems....................................................13
P4 Suggest appropriate legal solutions for a range of business problems.................................13
P5 Provide justifications for the use of appropriate legal solutions...........................................15
L04 Recommend appropriate legal solutions based upon alternative legal advice provided........16
P6 Recommend solutions based on a country’s legal system and /or a different framework....16
M4 Compare and contrast the effectiveness of these solutions.................................................18
D2 Critically review and evaluate the use of appropriate legal solutions in alternative advice.
....................................................................................................................................................19
Conclusion.....................................................................................................................................20
References......................................................................................................................................21

Introduction
In this report, it discusses the purpose and functions of law that helps to regulate the behavior of
society. English legal system is divided into the civil and criminal courts that consist the
hierarchy. The sources of law help the parties to take their decision. It also analyses the different
legislation such as consumer law, Employment law, company law that provides the rights and
duties of parties. In this different scenario are provided and that can be analysed according to the
legislation. It also evaluates the methods of ADR that helps the parties to settle the
disagreements.

LO1 Explain the basic role of the legal system.
Introduction
In this report, it discusses the aspects of English legal system. The BF wants to
contextualize their business. English legal system helps to understand the different meaning
of law with their sources. They also analyse the role of government in the process of
lawmaking. BF advises the business known as country pine. This business was established
by two brothers who manufacture the furniture, they want to expand their operations of the
business.

P1 Explain the different sources of law that the organization needs to comply with.
Law can be termed as the system of rules which are enforced and created through the
agencies of government that helps to regulate the behavior.
Structure of English legal system: It is fragmented in to the civil and criminal court that is
discussed below:
Supreme Court: It is considered as the highest court in the system of England and Wales.
Senior Courts of England and Wales: This court is formed by the court of judicature. It
consists of crown court, High court, the court of appeal.
High court: It is recognized as the highest court in the UK and deals with the civil cases
and the verdicts that are given by the lower court.
Crown court: Crown court handles the matters of crime and perceives the decisions from
the trials on crimes and also overhears the petition form magistrate court.
UK Legal System Hierarchy
Supreme Court Senior Court of the
England and wales
Court of Appeal
High Court
Crown Court
Subordinate Court
Magistrate court
Family proceeding
court
Youth Courts
County Courts
Special Courts
Coroner's Court
Eccleslastical
Courts
Other Courts
Military courts
Election Courts
Patents County
Courts

Court of appeal: It consists of the criminal and civil division. Criminal court perceives the
verdicts form the crown court. Civil court overhears the decisions from county court and
High court of justice.
Subordinate court: It consists of the magistrate court that is known as the criminal court in
which illegal proceedings are taken. It also includes the youth court, family court and
county court.
Other tribunals and courts: Apart from the civil and criminal division there is different
court such as military court, Ecclesiastical court, coroner’s court(Hierarchy structure, 2017).
Sources of law:
Sources of English legal system are divided in to the primary and secondary source. Primary
source provides the fresh and direct evidence about the evidence. It includes the case laws,
legislation etc. The secondary source includes the secondary information that includes the
journals, legal Encyclopedias. Etc.
Primary source: Legislation is enacted through the parliament and considers as the higher
form of law that overrides the other laws. Case laws are known as the judge made a law that
safeguards the certainty and reliability in the progress of law.
Secondary source: law journals consists the articles, decisions that can be used by the
attorneys. Legal encyclopedias provide the legal articles on the different topics(Bell, 2018).

P2 Explain the role of government in law making. Explain how the statutory and common
law is applied in the courts.
Government plays a significant role in the process of bill-making. A bill can be initiated in
both houses before the Act of parliament that can include the different steps:
First reading: This stage helps to understand the title of the bill.
Second reading: This stage provides the principles and objectives of the bill.
Committee stage: This stage analyses the changes and also investigate the text of the bill.
Report stage: This is the final stage in the process of making of the bill. It helps the
members to inspect the bill and also to report the verdicts to House of Commons.
Third reading: There was a debate among the members of parliament and further changes
were introduced.
Royal assent: This stage declares the law in both houses and it is the last stage in the
parliament.
Statutory and common law: Statutory is the method of rules and principles that can be
forth by the statute. They can be termed as the legislation. Common law emerges from the
judicial decisions and also known as the case law (Diffen, 2017).

M1 Evaluate the effectiveness of the legal system in terms of the diversity of its laws.
Discuss the problems with different sources of law.
Legal system helps to interpret and enforce the law that helps to regulate the functions in
society. It can be observed that the society is dynamic in nature that keeps on changing. To
bring the effectiveness in the legal system different legislations and regulations are framed
that helps to ensure the objectivity and reliability. It is necessary to make developments that
include the establishment of tribunals that provides the speedy remedy to party. They also
establish the legal aid that provides the free aid services to the individuals. The
commissions, parliament, and court help the individuals to bring the effectiveness by
establishing the laws and policies for the administration (Waters, 2018).

D1 Provide a coherent and critical evaluation of the legal system and law drawn from a
range of different relevant examples to support judgments.
It can be observed that English legal system can be evaluated through its pros and cons.
English legal system provides the faster decision as and it is more responsive. It has the
political autonomy in which the courts and judges are not prohibited by the politics.
Consequences are it is the method of the utter volume that consist the large volume of cases
with their reports. It is the complex and cheap process (Marett, 2018).
Conclusion
From the above analyses, it can be determined that the structure of legal system helps the
parties to settle their disputes. Sources help the individuals in the process of decision
making. It also helps to analyses the role of parliament in lawmaking process.

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.
Introduction
This report is discussing provisions of employment and contract law. A test has also been
conducted to ensure if workers working with Country Pine are its employees. This report is also
highlighting rights of employees.
Applicable law for protection of Consumer in United Kingdom is Consumer Rights Act, 2015.
Main objective of Act is to protect rights of consumer and provide them remedies when
purchasing goods, services or digital content. Main highlights of Act are as follows:
 The goods supplied to the customers must be of acceptable quality and fit for the purpose
described by the buyer. The customer shall otherwise have a right to reject the goods of
claim refund within 30 days of sale.
 The services supplied to the receiver must be provided with reasonable care and skill and
must be completed within a reasonable time. The receiver in case of non-fulfillment of
terms of service may require repeat performance of service, reduction in the price paid or
may require appointment of a new service provider.
 The digital content supplied to the consumer shall be governed by Consumer rights Act.
If any faulty content is provided, then the buyer has an option of replacement or reduction
in price (Coe, 2015).
Employment law
Tests for employment
Following factors are considered for ensuring that an employee is worker of company:
 Control over worker- When a company authorizes work to someone and prescribes the
manner in which work must be done, then it is said to be exercising control over worker.
 Ownership of tools- When the company owns and assigns tools and equipment’s used for
performance of task to workers, then it indicates that worker is an employee.

 Degree of Financial Risk- The financial risk undertaken by worker determines his
employment status. Higher the risk undertaken, low are the chances of employment.
 Fixed Remuneration- For relationship of employment, fixed remuneration must be paid to
workers (Law teacher, 2013).
In case of O’Connor v. Uber Technologies Ltd., an application was made in US District Court
by a union of drivers that they must be given the minimum rights available to employees as they
are employees of the company to which defendant Uber stated that they are self-employed
drivers. After several hearings, it was decided that Uber drivers are employees of the company
and therefore must be given employment rights.
Therefore, based on above test and referred case law, it can be concluded that workforce
appointed by Country Pine are employees of the company.
Rights of employees
The agreements related to employment are guided by employment law. These laws are important
for the protection of employees or workers from their employer’s wrongdoings. In case of Uber,
the drivers were exploited by the company as they were not given the benefits of an employee.
The employees have certain rights in relation to employment. These are-
 Receiving Remuneration
 Protection against unfair dismissal
 Statutory payment on redundancy
 No discrimination at workplace
 Fair compensation
 Protection of health and safety
Conclusion
It can be concluded that employment laws provide for provisions for protection of terms of
employment. Employees must not be exploited by their employers and therefore their rights have
also been discussed.

M2 Differentiate and analyze the potential impacts of regulations, legislation,and
standards.
All business must follow and comply with regulations, legislationsand standards regardless of
nature of business. Proper compliance of rules and regulations gives the company advantages
like building competitive advantage and customer trust. The compliance helps in the
management of risks and improvement in quality thereby resulting in better efficiency (Sherbet,
2014). It further helps in avoiding criminal charges and building company’s reputation. On the
other hand, if a company does not comply with the rules and regulations then it may have to face
legal consequences. Such non compliance leads to penalties and actions against the company
which may give a bad reputation to the company.