Business Law: UK Legal System, Organizations, and Impact

Verified

Added on  2022/11/25

|12
|3555
|230
Report
AI Summary
This report offers a comprehensive overview of business law, focusing on the UK legal system. It delves into the sources of law, the role of government in law-making, and the evaluation of the legal system's effectiveness, including recent reforms and developments. The report examines the impact of company, employment, and contract law on businesses, providing specific examples to illustrate these effects. It differentiates between legislation, regulations, and standards, analyzing their potential influence. The report also includes a critical evaluation of the legal system and law, and explores the legal formation of various types of business organizations, such as sole proprietorships and partnerships. The report also highlights the advantages and disadvantages of different organizational structures and provides solutions related to legal issues, providing a solid foundation for understanding the legal aspects of business operations.
Document Page
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
BUSINESS LAW
Document Page
Document Page
INTRODUCTION
Business laws are the laws which has been formed over dealing with all kinds of practices
which makes trade related activities accomplished in more effective manner. These laws have
been making different rules and regulations developed which makes wider scope achieved in
relation over aspects related to business. In this kind of laws broader concept is been covered
which leads over performing trade related functions with more perfection. Such law are also
known as corporate law or commercial law. Scope of these laws is wider in nature and has been
covering various kinds of aspects related to business or trade. Nature is also dynamic which
makes business done more effectively. The file deals over sources of law, role of government in
law making and evaluation of law is done. Also various types of organization, management, are
funding. Both advantages and disadvantages is covered. Solutions related to legal issues are
going to be covered.
MAIN BODY
PART 1
Business law are the laws used in order to make regulations formed in more organized
manner and is been implied over all business organization. These laws makes trade related
activities done with efficiency and effectiveness. Also such laws provide information on the
basis of formation of law, importance of law and role of government which will be discussed in
detail.
Sources of UK law
Laws are those guidelines which is been used in order to maintain balance within society
which is applied all over England, Wales, Northern Ireland and Scotland. These laws are based
over various aspects which exist within society. Also laws provide legal framework developed
within country which makes legality developed. These are been formed with the help of various
kinds of sources which has been explained in detail as follows and they are
Act of Parliament: The acts of parliament is one of the most important source of law
that is been used within Parliament House. They help n forming of various kinds of legislation
based upon aspects existing within society. In this law is been formed by using proper process
which has been mentioned within constitution of a country(Campino, Brochado and Rosa,
2021)..
Case Laws: This is another important source which is been used in order to make
process within the court developed which helps judges in making laws. In this equality is been
created over making law for such situation which is difficult in nature. Also laws formed are
based over originality of breach or cause behind it. Further case law helps in making various
kinds of heinous crimes controlled and harsh punishment developed in relation to it.
European Union Law: This form of law is formed at a greater platform which imposed
upon different nation within Europe. It is mandatory that once they made the recommendation
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
about any of the law, they are to be followed by all of the people or organization which depends
upon the nature and importance of law (Campino, Brochado and Rosa, 2021).
The above mentioned sources have been helping in making laws and legislation that is
efficient in nature over maintaining dignity within nation.
Explain the role of government in law-making and how statutory and common law is
applied in the justice courts
Government has one of the most important roles to play within law making within society
which makes formation of policies possible in more effective manner. These laws is been formed
through process that is been followed in more effective manner. Also implementation is been
done over making laws which are efficient in nature. Further the process of law formation is
explained as follows:
Executive role: This role is related to making policies which will be applicable
throughout UK. The enforcement of legal provisions are comes under this role which is
necessary for maintaining law and order. It comprises Queen, Prime Minister and other cabinet
ministers.
Legislative role: Under this various kinds of laws has been formed which is been done
with the help of bill formation. This is been done through proper process which is been followed
within parliament. In it House of Lords and House of Commons is involved and bill is presented
in front of them and then discussion is done over it.
Judiciary role: In this the government has a role to assess existing courts falling under
different jurisdictions and their effectiveness in passing judgements. The result obtained by it
helps in building required number of courts so that all the delays in different cases can be
avoided. The members of the government who have already mentioned above comes under this
panel of government.
In the legal system of UK two major kinds of law exits which are Statutory and common
law. They are having separate jurisdiction as per the nature of case code and pattern. In this
detail explanation is been explained as follows:
Common law: Under these laws various judgments is been passed which is based over
the facts of judicial preceding which makes solving of issues in more effective manner. Under
these previous judgements of the case is involved which makes more effective law formed with
the existing law. These cases are known as common law which is based upon court’s decision.
Also these law is been applied within the court only when there is difficult situation which
cannot be solved using existing laws. In this decision of the court is been applied as law which
makes law to be formed (Dao and et.al).
Statutory law: This is referred to as the principle or permanent law which is been
applied in order to gain accurate result within a particular case. These are been formed keeping
in mind rights of citizens living in a country. These law is applied over passing of bill within
parliament and is applied all over the country.It is the fundamental structure of legal system on
Document Page
which number of statutes are established. It is a declaration by the government that every
individual has to comply with it and judgement is made considering the future cases.
Evaluate the effectiveness of the legal system in terms of recent reforms and
developments
The legal system in UK has underwent number of reforms but the loopholes can still be
noticed. The development is not up to the mark with other countries. The existing system is
difficult to understand because of its complexity because there exist three different parts of legal
system in whole United Kingdom which makes it hard to form a co-ordinations in the legal
provisions. It has not been modernised which make it outdated. This creates deficiency in
application the laws and rules in appropriate way. Thus, it can be said that, there is a need for
making significant changes for enhancing effectiveness of legal system.
Using specific examples illustrate how company, employment and contract law has a
potential impact upon business
Government of UK has been able to develop various kinds of laws which has been used
in order to regulate business organization with its various function. These legislation makes
impact formed in more effective manner over an organization which has been explained as
follows:
Company law: These are the laws that is been made in order make sure that a business
organization is able to develop framework which leads over making an company
incorporated in more effective manner. Company laws is enacted which is mentioned
under Companies Act of 2006. The act is able to establish strong process related to
incorporation which has been reducing complexity within an organization. This can be
understood with the help of example that is CVB Ltd is company which makes willing
over making expansion possible of it. For this purpose funds were arranged through
collecting money from crowd in affective manner. This can make case filed against the
organization (Gogokhia and Berulava, 2021).
Employment law: As this is very important aspect of business organization which
requires manpower to perform its task and completing them within given time period.
Employment has been helping in developing of opportunity which is been selected by
making individual work done within an organization. Such laws makes rights and duties
of an employee protected in more efficient manner. Also employment law makes
employer and employees relationship protected in more effective manner. In this law is
been protecting rights and duties which is required to be followed by an employee
working within an organization. The acts that is been used within an organization is
based over equality laws, health and safety of employees. Under employment act of 2002
these are covered. For example an employee working in an organization with full
dedication has been abused and discriminated because of his color by his senior. He can
be sued for the act committed.
Document Page
Contract law: These are the laws that are based over forming of agreement which gains
validity within the eyes of law. Also the laws are used by an organization in monitoring
transaction in more effective manner. In this agreement is been very useful which makes
bonds to be formed between parties in lawful manner. The agreement formed is based
over various elements which makes task accomplishment possible. Such elements are
offer, acceptance, validity, obligation and legality. Further a contract can be both in
written and unwritten form and makes goals achieved in more effective manner. This can
be understood with the help of example which is
An contract that has been formed between SDH Ltd and its supplier over making supply done of
contract in more impactful manner. Hence it can be marked out that breach is been done of
contract over guidelines which has to be followed in more effective manner.
Differentiate between legislation, regulations and standards to analyze potential impact
upon business
Legislation: These are related over those laws which are been applied in the form or
passed within parliament. In this proper process is been followed which makes string
framework forme in more effective manner. This is required to be attained or becomes
permanent law with the help of Royal Assent. The legislation is required over followed
by an organization for making itself operate in market (Hung, 2021).
Regulation: These are been formed with the help of legislation which is been followed
within an organization. In this rule are been set up which makes administrative leadership
applied in more impactful manner. It helps in monitoring of progress which is been
shown within an organization.
Standard: They are fixed guidelines which has been formed with the help of regulations
which makes development if ethics possible within an organization. It helps in
minimizing and achieving of goals and objectives in more effective manner.
D1. Provide a coherent and critical evaluation of the legal system and law
Legal system in a country like UK has had a strong impact upon stopping and regulating
crime rate with appropriate justice. Every legal system has three important pillars which are there
to handle legal system of a country. Under the legal system various laws are there which has
become out dated because of rigidity which exist in their implementation. Various changes have
taken place according to time and situation. Both laws and legal system is directly connected
with each other. Transparency has also been lost due to complex laws. This can be understood
further in a manner that all laws are required to be amended in proper manner to give strength to
justice in courts or else it is going to make the legal system collapse.
Explain how different types of business organizations are legally formed
Business organizations are those organizations used for doing business which helps in
making trade practices developed in more effective manner. Further the organization has been
explained as follows:
Sole proprietorship: These organization is very small form of business that is been run
by one person and helps in managing the organization by himself. This person is called as
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
sole proprietor having liability of whole business on him. It is formed within the help of
NHRM number.
Partnership: Such organization has been formed with the help of agreement formed
between partners. In this partners hold common motive to earn profit and generated
revenue. All liability is possessed by partners which makes investment done in more
effective manner. In this management is done by the partners. These are been formed
without any complex mechanism and agreement is formed for smooth running of
business (Kuntner, 2021).
Joint Venture: Under such business organization various benefits is there which makes
rebated in tax attained. In this Limited liability is there of partners. Also working
environment is formation of corporation and partnership can be made
Limited liability company: This kind of business is based over two organization willing
to come together which makes project completed with an agreement. So in this liability is
been formed and distributed accordingly.
Corporation: In this the main purpose of an company is provided over attaining benefit
with suitable services and also makes product sold to customers. The business is been run
over making immense capital in order to get formed.
These organization is required to raise funds which is been done through various kinds of
resources which has been given as follows:
1. Through issuing of shares.
2. In this provisions of bonds and debentures can be used.
3. In these suitable methods for raising fund is with the help of loans.
4. Money can be arranged with the help of private and government financial institution.
Advantages and disadvantages of unincorporated and incorporated business with its
difference between in terms of starting process.
Incorporate Organisation: In this kind of business there is personal legal existence due to
which it is easy to be a part of any contract. It is one of the most safe and secured business so it is
easy to raise funds:
Advantages:
Company faces the right of perpetual sequence (Twomey, 2012).
The main advantage is that it is easy to sue and get sued in this kind of business.
Disadvantage:
It is not easy to disclose any business if once it gets incorporated.
To set a business it requires more time and money.
Unincorporated Organisation: In this kind of business mainly the operations and events
are executed in order to earn huge profit. The main benefit of this business is that it is not legal to
pay taxes as company do not exits in the frame of law. But some time it is not easy to arrange
funds as there is no association name (Siems, 2021).
Document Page
Advantages:
It is not mandatory to fill the annual accounts.
These types of business have lower cost of compliance.
Disadvantage:
There is no legal and authentic contract as company do not have any time.
PART 2
Brief overview of Contract law, employment law, Company law
Contract law These are those laws which have been formed with the help of agreement
formed between two parties. Such laws make different kinds of agreement attained legality
within the eyes of law. Company law they are the laws which has been firmed over making
incorporation of an organization possible in more effective manner. Such laws has helped in
making an organization develop better management. Employment laws these are the laws
which is been used for making relationship of employer and employee more stronger and
effective. Also it helps in improving of health and safety practices of employees.
Salient legal points of each case
Facts of the case scenario are as follows
In first case gordon required to obtain wedges for the year 2017. Then you would like to
accept it for the year 2015 and 16 also. Advice is required to be given employment law
and contract law.
In second case legal position of the service provider and is required to be understood by
using element of contract.
In third case opinion in relation to winding up is required to be given.
Suggest an appropriate legal solution to each of the problems
In first case employment law is applied with contract law which makes salary for 2017
attained but nit for year 2015 and 2016 since contract has been made by Gordon and his friend.
In second case elements of contract is used which defines that virgin media is offeror and Jennet
is accepter. In third case winding up is been explained that is been removed only through paying
debts (Stasi, 2021).
Compare & contrast the effectiveness of these recommendations given in your
presentation
In these case Alternate dispute resolution can be applied which makes better results
attained. First case negotiation is been applied which make both the parties come to common
point of action. In second case mediation can be used for making issue solved in effective
manner. In third case arbitration is applied which makes winding up done in more effective way.
Document Page
Critically and evaluate the use of the appropriate legal solutions suggested in comparison
with alternative legal advice
Legal advice this is the advice which is given by legal professionals. Legal solution it is
been given after understanding facts. ADR that makes various kinds of solutions attained which
makes parties reach to proper solution in effective mannervan (Wees, 2021).
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
CONCLUSION
Business law are the laws that have been formed over making an organization formed in
more effective manner. These laws makes proper framework developed which leads upon
making rules and regulations for running of business. In this file things covered is based over
sources of law, role of government in law making. Also the file explains about different kinds of
business organization with advantages and disadvantages. In the end legal solutions has been
explained.
Document Page
REFRENCES
Books and Journals
Ahmadova, E., 2017. ISLAMIC MARKETING: THE NEW RULES THAT TRANSFORM
THE WAY OF CONDUCTING BUSINESS. Journal of Suleyman Demirel University
Institute of Social Sciences, 28(3).
Apriliyanti, I.D. and Randøy, T., 2019. Between politics and business: Boardroom decision
making in stateowned Indonesian enterprises. Corporate Governance: An International
Review, 27(3), pp.166-185.
Corazza, L., 2018. Small business social responsibility: the CSR4UTOOL web application.
Journal of Applied Accounting Research.
Dopfer, M and et. al., 2017. Adapt and strive: How ventures under resource constraints create
value through business model adaptations. Creativity and Innovation Management, 26(3),
pp.233-246.
Frémeaux, S., Michelson, G. and Noël-Lemaitre, C., 2018. Learning from Greek philosophers:
The foundations and structural conditions of ethical training in business schools. Journal
of Business Ethics, 153(1), pp.231-243.
Gadžo, S., 2018. Nexus requirements for taxation of non-residents’ business income: a
Normative Evaluation in the Context of The Global Economy.
Köseoglu, M.A., Yildiz, M. and Ciftci, T., 2018. Authorship trends and collaboration patterns in
business ethics literature. Business Ethics: A European Review, 27(2), pp.164-177.
Sánchez-Herrera, I.S. and Donate, M.J., 2019. Occupational safety and health (OSH) and
business strategy: The role of the OSH professional in Spain. Safety Science, 120,
pp.206-225.
Trad, A. and Kalpić, D., 2017, June. A Neural Networks portable and Agnostic Implementation
Environment for Business Transformation Projects the basic structure. In 2017 IEEE
International Conference on Computational Intelligence and Virtual Environments for
Measurement Systems and Applications (CIVEMSA) (pp. 153-158). IEEE.
Tsai, C.M., 2017. 8. The Nature and Trend of Taiwanese Investment in China (1991–2014):
Business Orientation, Profit Seeking, and Depoliticization. In Taiwan and China (pp.
133-150). University of California Press.
chevron_up_icon
1 out of 12
circle_padding
hide_on_mobile
zoom_out_icon
[object Object]