Impact of UK Law on Business Operations: A Comprehensive Report

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BUSINESS LAW
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Contents
INTRODUCTION...........................................................................................................................3
LO1 NATURE OF LEGAL SYSTEM............................................................................................4
Constitute of the legal system......................................................................................................4
A different source of law.............................................................................................................4
P2.................................................................................................................................................6
M1................................................................................................................................................8
LO2 IMPACT OF THE LAW ON A BUSINESS..........................................................................9
P3 How the company, employment and contract law will impact upon the business.................9
M2 Difference between legislation, regulations and standards.................................................11
Lo3.................................................................................................................................................12
P4 Formation of different types of organisation........................................................................12
P5 Management of business organisation..................................................................................14
M3 Advantages and disadvantages of different kinds of business organisation.......................15
Lo4 recommendations for appropriate legal solutions to resolve areas of disputes......................17
P6 Recommendation of legal solutions to resolve the disputes.................................................17
M4 comparing and contrasting different sources of legal advice..............................................18
Conclusion.....................................................................................................................................19
References......................................................................................................................................20
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INTRODUCTION
With the help of business law assignment report, all the business law will be identified. This will
handle the different type of topics like the nature and the role of the law in the business. And on
the other hand how they will manage all the different type of risk with the business activity
Some of the business operations are governing by business law. Basically, the business law is
defining as a branch of civil law and they will also handle all the problems of the public as well
as private law. With the help of this law handbook some of the major objective of the helping
that new companies related with some of the legal aspects and on the other hand some of the key
legislation are needed by them effectively for running the business.
As a legal manager of the company as a Trainee Legal Practitioner in a Central London based
law firm that is basically known as Hardy and Morrisons Solicitors. As a legal advisor, some of
the advice is given which are related to the new start-up companies on the basis of the legal
system and key legislation that will require for applying. With the help of this assignment, the
nature of the legal system will be explained (Phillips, 2018). And some lawful impact on a
business. This will also analyse some of the different types of business organization. The
organization has to face much different type of issues while they are working so with the help of
this they will find the exact legal solution to solve all the areas of disputes.
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LO1 NATURE OF LEGAL SYSTEM
Constitute of the legal system
The legal system is basically defined as some administration of the particular country will not
take a written constitution and some of the custom which is implemented by the law which is
basically based on the traditional practices (Nelken, 2017). On the other hand, some of the basic
principles are specified in the civil or other different code of law.
A different source of law
With the help of the different type of law all the groups within the society are safe by inventing
new laws. On the other hand with the help of inventing the new law, they will maintain some of
the order of the society that will solve all the issues, invent some standard and they will also try
to protect some of the rights of the individual person within the society (Thirlway, 2019). In the
UK there is five sources of law are constitutional law, statutory law, treaties, administrative
regulations, and the common law. On the basis of law, some most important function is to handle
the structure of the society with some of the listed behaviours. Most of the time some of the
legal rules violation is identified by the court of law or justice (Nelken, 2017).
Source of Law
Legislation
The legislation law is basically treated as an achievement of statutory law. This is one of the
prime sources of law and on the other hand, this will consist of the declaration of some legal
authority. They have many different types of purpose like they will try to provide funds, to grant
and to authorize. This law is basically based on the different type of statutes. These are basically
considered as a primary source of law and on the other hand, this is not creating any type of
conflict with the different laws ((Thirlway, 2019).
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Common law
As per the common law, this will define as an existence at least the historical origins of England.
With the help of much different type of cases, these are solved in all over the year and form since
then. In England, the common law was established from the court for solving much different
type of cases. Most of the time all these laws are not written in professionally but on the other
hand, this will accept commonly in some of the following countries. With the help of law report,
this can be easily derived which is basically include a various type of cases after some dynamic
changes which have been made in the law of the UK (Nelken, 2017).
European Union law
This is one of the major sources of the law because it is made up of some different source of law.
The UK is a member of the European Union and this is taken some different rules and regulation
into the application (Nelken, 2017). And they will follow them as per that they are the main
member of the union. Some of the law was framed on the basis of some guideline which is
provided and given by the union because they are the part of the European Union
Legal system
Figure 1 legal system
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(Source: (Nelken, 2017))
P2
Government of the country play a vital role in the lawmaking process. With the help of
Parliament, some different type of function of the lawmaking process will be organized so that
some citizen of the country will be safe and they will also frame some of the law for the same.
House of Commons and the House of Lords this is divided in the parliament of the UK. If any
law was built then the bill will be passed into both House of Commons and the House of Lords
and this will get approval by the queen of the England (Tushnet, 2017). There is a different type
of procedure that was implemented in the UK parliament before making any type of law because
through this the country can be implemented there rules and regulation accurately and through
this, they will give full of protection to the interests of the people living in the nation and
associated with the country. On the other hand, the other different major role which is played by
the government of the nation is taking some changes in the existing law which were
implemented by the nation. Due to this, the citizen can easily get some of the benefits by
changing their some rights and rules and regulation (Tushnet, 2017).
Application of Common Law
With the help of judgments of courts and tribunals, some of the most common law is a maid in
the UK and this is mainly accepted throughout the land. As per the common law, this will define
as an existence at least the historical origins of England (Stenzler, 2018). With the help of much
different type of cases, these are solved in all over the year and form since then. In England, the
common law was established from the court for solving much different type of cases. Most of the
time all these laws are not written in professionally but on the other hand, this will accept
commonly in some of the following countries. With the help of law report, this can be easily
derived which is basically include a various type of cases after some dynamic changes which
have been made in the law of the UK (Stenzler, 2018). The best example of this is that the judges
in the court will rule a judgment stating that most of the people must aware about the contract
before entering into it. Most of the time this is not stated into some specific law body but it is
commonly implemented in the justice court to save some of the interest of the citizen.
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Application of Statutory Law
The parliaments of the UK create statutory law. With the help of judgments of courts and
tribunals, some of the most common law is a maid in the UK and this is mainly accepted
throughout the land. There are many different types of acts are there which are passed by the UK
parliament (Nelken, 2017). And on the other hand for resolving some of the issues are resolved
by the judicial courts. The best example of this is Human rights act 1998 which is basically
passed by the UK parliament.
And this is basically considered through the judge of the court and on the other hand, they are
trying to resolve the issues of the nation. Most of the time all these laws are not written in the
professionally but on the other hand, this will accept commonly in some of the following country
(Stenzler, 2018). With the help of law report, this can be easily derived which is basically
include various type of cases after some dynamic changes which have been made in the law of
the UK. Other acts by UK Parliament which are considered in the courts by judges are
Companies Act 2006, Equality Act 2010, Employment Rights Act 1996, etc.
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M1.
In any legal system of a country, law reforms are the most important because with the help of
this some of the law are identified. For gaining the higher efficiency they will require the
practice of some legal system. In legal justice, some of the reforms are required to be building.
With the help of this, some of the changes will identify and they are relevant to give more profit
to society (Nelken, 2017). With the help of much different type of cases, these are solved in all
over the year and form since then. In England, the common law was established from the court
for solving much different type of cases. Most of the time all these laws are not written in the
professionally but on the other hand, this will accept commonly in some of the following
countries
The main aim and objective of the commission are to give confirmation related to the law which
was followed by the country. They will equitable for society and improve them on a regular
basis. For the benefit of society, there are many different types of area in which some law
commission is performed. In the UK most of the immigration people are facing much different
kind of problems by the government of the nation (Nelken, 2017).
With the help of this, the strong effectiveness will save time for solving the tribunals and some of
the issues and they try to get some of the benefits with the help of easy procedures. And on the
other hand for resolving some of the issues are resolved by the judicial courts. The best example
of this is Human rights act 1998 which is basically passed by the UK parliament (Hannigan,
2018). And this is basically considered through the judge of the court and on the other hand, they
are trying to resolve the issues of the nation. Most of the time all these laws are not written in
professionally but on the other hand, this will accept commonly in some of the following
countries.
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LO2 IMPACT OF THE LAW ON A BUSINESS
P3 How the company, employment and contract law will impact upon the
business
CONTRACT LAW
The contract law impact on business because in the business organization most of the time they
are busy with providing product and services to their target customer their main motive is to
satisfy the customer need and wants. This is basically including some of the purchase
transaction, reselling transaction and rendering some of the services (Hannigan, 2018). Some
contract needs to be prepared for all these types of transaction. These entire contracts must have
to define all the terms and condition of the sale and purchase of goods and services from some
specific consideration and this will also specify some term and condition at the same time.
DATA PROTECTION
It is the parliamentary act of the United Kingdom which was passed in the year 1988. It was
developed to make the law for the use of data or information about personal or consumer by an
organisation or any government bodies (Whish and Bailey, 2015). This act is important because
it provides supervision and the best practices for the organisation to follow. The rules of data
protection act are very comprehensive and it also covers the rules for data security and data
sharing. This act regulates the organisations to not use the personal information of the employee
and maintain the confidentiality of the contracts.
EMPLOYMENT LAW
Employment law is the term which covers all the rights related to employment. This law has
been formed to regulate the professional relationship between the business and its employees. By
applying these rules and regulations both the employee and the employer will ensure that the
hiring process, workplace and dismissal process is followed fairly by everybody. The United
Kingdom’s government established this act in 1999, firstly it was named as labour law and then
it was named as employment law (Hannigan, 2018). With the help of this act, the business
person or the employer cannot break the rules of the employment law.
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CONTRACT ACT
A contract is a legal agreement between two parties which is binding them for a voluntary
agreement which is enforceable by law. Contract law in the United Kingdom is authorized by the
purchase and sale of goods and services, which gives protection to the buyer and seller. This law
provides a significant impact on the business of Hardy and Morrisons solicitors. This type of
laws always has an impact on the purchase of goods and the sale of the product.
COMPETITION LAW:
Competition law helps the business to get healthy competitions from employers. The competition
law always has a positive impact on the business of Hardy and Morrisons solicitors, as it helps
the company to take competitive advantage from the market and develop better organisational
cultures. It also helps to improve the development of Hardy and Morrisons solicitors (Whish and
Bailey, 2015).
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M2 Difference between legislation, regulations and standards.
Legislation Regulation Standards
These are the system of rules
and statues which were made
and enforced by the
government of any country. It
is passed by the government
of the united kingdom
(Jenkins and Williamson,
2015).
Regulations are the detailed
instructions that how the laws
are to be enforced and applied
in the organisation. These are
also called administrative
laws.
Standard provides the
guidelines and specifications
to work for product, services
and systems.
In the company, Hardy and
Morrison’s solicitor’s
legislation plays as the
external authority, where rules
are to be followed by the
company.
These are the ways through
which the legislation has to be
applied or enforced by the
regulators and they must
support the requirement of
legislation (Jenkins and
Williamson, 2015).
The standards deal with
terminologies, packaging,
symbol and marking and
labelling applied to product or
services, processes and
production techniques.
Sometimes these legislations
bring the foundation to for the
company Hardy and
Morrison’s solicitors for
trading.
Regulations are must to be
applied and that’s why they
may be beneficial or may be
controversial to the company.
The standards set by the
government always help the
company to provide the
products according to the
standards (Jenkins and
Williamson, 2015).
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Lo3 Formation of different types of organisations
P4 Formation of different types of organisation
UNINCORPORATED BUSINESS ORGANISATIONS:
Unincorporated business organisations are the organisations which are formed by the individual
and do not persist the legal identity. The members of the business are free to make decisions and
they are liable to take actions for their groups. They do not have a legal structure and not
regulated by the legal bodies (Bell et al., 2018).
Sole proprietors:
This type of business is owned by the individual. The business is operated by a single person and
he is liable to the business actions only. It can be of any size and structure and can have its
separate name as well, where he will be responsible for debts and tax liabilities (Bell et al.,
2018).
Partnership:
A partnership business refers to the business which has more than two owners in the business.
This can include partners, individuals and corporations and trusts. The income, liability, debts
and tax are shared by partners according to their shares in the company (Jenkins and Williamson,
2015).
INCORPORATED BUSINESS ORGANISATIONS
Incorporate business organisations are the legal entities which have the legal identity as a
business. These groups are like other individual groups. The liability, profit and taxes are limited
and shared by every individual. These types of entities reduce the risk for individuals to large
extent (Jenkins and Williamson, 2015).
Joint ventures:
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