Analysis of UK Business Law: Sources, Impacts, and Dispute Resolution

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Business Law
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Table of Contents
Introduction................................................................................................................................... 3
LO1................................................................................................................................................ 4
P1 Explain different sources of law............................................................................................4
P2 Explain the role of government in lawmaking 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................................................................................................................................................ 8
P3 Using specific examples illustrate how company, employment, and contract law has a
potential impact on business.......................................................................................................8
M2 Differentiate between legislation, regulations and standards to analyse potential impacts
upon a business.......................................................................................................................... 9
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................................10
LO3.............................................................................................................................................. 11
P4 Explore how different types of business organisations are legally formed..........................11
P5 Explain how business organisations are managed and funded............................................12
M3 Assess the advantages and disadvantages of the formation of different types of business
organisations............................................................................................................................ 13
D2 Critically review and evaluate types of business organisations..........................................14
LO4.............................................................................................................................................. 15
P6 Recommend legal solutions for resolving a range of disputes using examples to
demonstrate.............................................................................................................................. 15
M4 Compare and contrast different sources of legal advice and support for dispute resolution.
................................................................................................................................................. 16
D3 Evaluate the effectiveness of legal solutions, legal advice and support for dispute
resolution................................................................................................................................. 17
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Conclusion................................................................................................................................... 18
References................................................................................................................................... 19
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Introduction
Law supports maintaining discipline by governing rules and regulations in the country. The role
of the business law is significant for the managers, business professionals, and the owners so that
they abide with their duties and obligations as per the laws of the business. This assignment
related to the applicability of the business laws in different areas in maintaining efficiency and
fairness in the operations of the business. The first task of this report depicts the nature and
government responsibility in the procedure of creation of law by evaluating the effectiveness in
terms of recent reforms and developments. It illustrates the impacts of the laws on the business to
regulate the business function in an effective and efficient manner. Moreover, it includes the
division and formation of the different businesses as per their size and scope with the advantages
and disadvantages of the businesses. At the end of the task, the legal solution s are given for
resolving the business issues by using the method of ADR.
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LO1
P1 Explain different sources of law
The legal system is the procedure for the law enforcement for elaborating the rights and
responsibilities in different ways by consist the three main laws include civil law, religious law,
and criminal law.
The law is passing for satisfying the different purpose of society by establishing the standards
that need to be complying by the citizens (Hart, et. al., 2012). The law protects the rights of the
citizens and safeguards them from unfair practices prevail in society. For example, restrict
smoking in restricted areas.
The development of law in the UK is expanding on the basis of the historical background of the
Common law which bound the lower court to follow the decisions passed by the courts in
previous cases of similar nature.
The law sources in the UK are alienated into a different category which includes:
Sources of Law Description
Legislation Legislations are the laws that are promulgated by the governing body
by guiding the policies of the government. It also supports in guiding
the principles of the code of conduct among the citizens and the
government.
Directives Directives are considered as the legal action under the European
Union which requires complying by the member states for the
achievement of the desired results. It supports the members of the
European Union to follow the laws passed by the Union.
Case law Case laws are the laws that are passed by the judges of the court and
are bound on the lower courts to abide by the decision involve cases
of the same nature (Edge, 2017).
Treaties Treaties are the agreements among different nations for satisfying the
needs of the different nations of the States so as to bring stability to
enhance their mutual relations.
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The litigation system of the UK is categories the courts in different stages which include at a
lower level the courts are county courts, magistrate courts, and Crown court. The second stage
includes the High Court that categories under the Chancery Division, Family division, Queens
Bench Division, Divisional Court. The next stage includes the Court of Appeal which is
categories under the Civil and Criminal division.
Figure- Court Structure of the UK
Source- Google images
The law in the UK is categories under the two sections that are the civil and criminal law. Civil
law deals with the issues for redressing the private wrongs for instance breach of the contract so
as to claim the legal remedies (Cassese, 2016). Criminal laws deal with the issues related to the
crimes that affect the whole society and the community as well.
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P2 Explain the role of government in lawmaking and how statutory and common law is
applied in the justice courts.
The system of making the law involves both the Houses of the Parliament named House of Lords
and Commons. In making the law Parliament is the supreme authority which consists the power
of law enactment as per the requirement. The government drafted the bill as per the requirement
and presented the draft of the bill in both the houses for consent. The government proposes the
bill which is divided into three categories that are the private bill, public bill, and the private
member's bill. The bill making process is divided into various stages. These stages are explained
below:
First Reading- In this the bill heading is presented in front of both the houses.
Second Reading- In this, the members of both the houses for making discussions on the bill by
implementing the changes at this stage.
Committee Stage- For the examination of the bill in detailed the bill is referred to the House of
Commons for making the modification as per the requirements (Rosa, et. al., 2018).
Report Stage- In this stage, the changes are considered back to the houses and voted upon.
Third Reading- In this stage, the bill is reconsidered by the Houses for the acceptance or
rejection of the bill.
House of Lords- The bill is again sent to the Lords House by passing with the five stages and
implementing the changes the bill is sent back to the Commons House for considering the
changes.
After the consent is given by with the Houses the final assent is given by the Queen and on
receiving such consent the bill is considered as the Parliament Act (Saunders, 2017).
Judiciary Organisation
The organisation of judiciary in the UK are considered as the branch that assists in administering
the justice as per the law which is divided into the courts, solicitors, magistrate, judges and the
other support personnel.
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M1 Evaluate the effectiveness of the legal system in terms of recent reforms and
developments.
Reforms and development play a very effective and efficient role in the expansion of the country.
In the context of the legal system, the first instance is the introductions of the virtual court where
the cases are entertaining with the support of video conferencing. The second instance is the
introduction of the special courts for entertain the matters of special nature. The third instance is
the introduction of the Equality Act, 2010 in where the protected characteristics are introduced
by getting rid of the old acts passed by the Parliament (Gardner, 2018).
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LO2
P3 Using specific examples illustrate how company, employment, and contract law has a
potential impact on business.
Contract law- Contract law is the law governing body that relates to the enforcement of the
agreements. This law directs governing the laws to get a fair remedy in case of breach of the
terms and condition of the contract. It involves that the contracts are legally enforced by forming
the contracts by fulfilling all the essentials of the valid contract which includes consideration,
offer, acceptance, competency, valid object. The impact of this law in the business is that the
business can be penalized for the breach of the contract terms and conditions.
Competition Law- Competition law plays a significant role in regulating the fair competition in
the market by the businesses. The business of small sizes has to avoid the agreements of anti-
competitive nature (Whish and Bailey, 2015). The impact of this law is that businesses have not
to involve in the processes of cases such as price fixing, market sharing etc for protecting the
businesses from getting dominated position in the market. This makes the business penalize and
risk on the reputation of the business.
Data protection- Data protection supports the businesses in protecting the confidential
information of the company and the information that concern with the privacy of the employees.
This provision is guided under the Data Protection Act, 1998. The impact of this law is that it
affects the data privacy through which the employees and the customer's losses their trust from
the business.
Health and safety- For the protection of the consumers, the health and safety regulations protect
the employees to remain safe at the workplace. In this context, the Health and Safety at Work
act, 1974 ensures the safety of the employees at the workplace. In case this law is not followed
properly in that case business has to suffer the penalties and fines and also liable to the
employees for any injury caused due to any activity of dangerous nature (MacDonald, et. al.,
2017).
Employment law- As per the provision of the Employment law it protects the rights of the
employees at the occupational place and abides the employer with the obligations for the
enforcement of the rights of the employees. The impacts of this law are that the business
management must ensure that the business must fulfill the regulatory requirements as per the
provision under this law (Grimshaw, et. al., 2017). If any breach company can face the risk on
reputation and it is in need that the company control over the discrimination practices.
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M2 Differentiate between legislation, regulations and standards to analyse potential
impacts upon a business.
Legislations are the laws enacted by the government for guiding government policies by guiding
the principles of the code of conduct.
Positive of legislation
For providing protection to the employees the laws of the health and safety regulation guide
under this context. It helps in attracting the employees towards the company and in case the
business not follows the laws the business could be fined.
Negative of Legislation
In case of any breach of any legislation, the company can face the difficulties and can be fined.
Regulations are the rule enacted by the government for controlling something fort performing
something (Countouris, 2016).
Positive of Regulation
The regulations are positively impacting the business to feel the employers safe and protected in
the working environment of the business.
Negative of Regulation
If the regulations are not followed by the businesses the company can losses its credibility,
efficiency among the customers.
Standards are the ways to do particular things for raising the productivity of the organizations.
Positive of Standards
Standards help in attracting the customers and give the people confidence for earning the profits
in the business.
Negative of Standards
In case of business not follow the standards the businesses have to lose its credibility and profits.
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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 judgments.
The need for the law is arisen to protect the people and resolve the conflicts. It removes the
things that negatively affect the people life which ultimately treated as the breach of the law.
Law plays an imperative role in protecting the citizens from any unfairness prevailing in the
society. Similarly, the legal systems of any country ensure that the citizens remain protected so
that no inequality should prevail. For supporting this judgment of jurists like Dicey, Bentham
and Montesquieu are considered as according to them the legal system must follow the proper
format. For instance, the Human Rights Act 1998 ensure the safety of the humans in the
community from the illegal activities to maintaining the dignity of the individuals (Tasioulas,
2018). On the other hand, the government considers this act as a challenge.
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LO3
P4 Explore how different types of business organisations are legally formed.
There are various types of business organisation which are defined by the legal system of UK.
These organisation helps the owners of the business to incorporate the business as desired by
them (Levine, 2016). These organisations are formed with different structures such as capital
contribution, management and the size of the organisation. Also these are divided on the basis of
their legal status which is incorporated business and the unincorporated business. Hence various
organisations are:
Sole Proprietorship business: These are the form of organisation which contains only single
owner. These are the easiest form of organisation on the basis of its formation. As these are
considered as the extension of their owners hence these are dissolved as and when the owners
leave it. For the formation of this organisation it is important to file all the documents such as
documents of the owners to the registrar which will give the confirmation for the commencement
of the business.
Partnership: these are considered as the organisation which are formed by the two or more
individuals coming together so as to start the business for the common objective of profit
maximisation. Hence for the formation of the business a partnership deed has to be prepared
which will be filed to the registrar office and on the basis of documents submitted the registrar
would give them the certificate for commencement of business.
Company: These are the legally formed large business organisations. These are divided into the
public company and private company (McCormack, 2017). Hence for the formation of the
company MOA and AOA has to be filed to the company’s registrar house and if the registrar is
satisfied by the documents which are submitted to them will give them the certificate of
Incorporation of business which would be legal document for incorporation of company.
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