Business Law Report: Analysis of Legal Systems and Business Issues

This business law report provides a comprehensive overview of the English legal system and its relevance to business operations. The report begins by outlining the structure of the English legal system, including its major sources of law such as statutory and common law. It then analyzes the role of government in formulating laws and the effectiveness of the legal framework, with reference to recent developments. The report further examines the obligations of employers, including health and safety, worker's compensation, and equal opportunity. It also delves into legal solutions for business issues, the advantages of alternative dispute resolution, and compares court proceedings with ADR methods. The report concludes with recommendations for addressing business challenges within the legal context, offering a detailed analysis of how legal systems impact business practices and strategies.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1 .....................................................................................................................................1
P1 Layout of English legal system and major sources related to laws followed by the
company.................................................................................................................................1
P2 Role of government in formulating laws and statuary and common laws in courts.........2
M1 Analysing the effectiveness of legal framework with reference to recent development. 4
D1 Critical evaluation of legal system with support from different example........................4
SECTION 2......................................................................................................................................4
P3 The main obligation of employers....................................................................................4
M2 Major affect of legislation in context of above given scenario........................................6
SECTION 3......................................................................................................................................6
P4 Legal solution in context of given business issue.............................................................6
P5 Major justification of above solution with the help of example.......................................7
M3 Positive and negative affect of legal system in business issues.......................................7
SECTION 4......................................................................................................................................8
P6 Analysis of the concept and advantage of using “alternative dispute process”................8
B) Recommendation of a substitute legal solution to the business issues..............................8
M4 Comparison of court and alternative dispute resolution..................................................8
D2 Major use of legal solution in context of alternative dispute process..............................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Government is the top most authority of a nation and hence they are liable for governing
all the activities that are happening within the country. Laws are the basic parameters upon
which all the legal activities can be conducted. There are many laws that are made by the
government for different perspective (Portillo and Block, 2012). In context of business, there has
to be some laws which can give a framework under which a business can be run. These laws are
known as business laws. There are many legislation which need to be followed by those persons
who are going to indulged in any organisational activities. There are some basic rules,
regulations and norms that is set by government under these laws. It is important for
entrepreneurs to beware about these laws so that they can get the knowledge of the ways by
which fair business activities can be run.
SECTION 1
P1 Layout of English legal system and major sources related to laws followed by the company.
Legal system of any country is important so as to get the standard framework of all the
activities that is legally acceptable. Different country may have different laws depending upon its
history. Laws are developed so as to resolve the past and current issues of the country. That is the
reason legal system serve the basic purpose in which people will get to know about the legal
structure of a country. In context of U.K, it has been found that their framework of legal system
is the combination of all factors characterised by centralisation. Their legal system gives
information about religious law, common law, civil law and statuary law. There are basically
three component under English legal system.
Executive authority- This is concern with defining all the power related with prime
minister. P.M can be considered as the top authority of a country having control on house of
commons. There are many members that are found in house of commons and they are commonly
known as government minister.
Legislative authority- There were some basic laws related to the provision of those
people who can sit in the house of lords (King and Skakoon, 2010). In the past, not everyone was
allowed to sit there. People who were having the tag of heredity can only eligible to be a part of
house of lords.
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Judicial authority- This can be considered as the right of supreme court. They are liable
to take ultimate decisions.
Given below are the major sources of laws that is basically divided into two parts. First is
known as primary and the second one is known as secondary.
Laws from primary sources can be considered as the most real and authentic. This can be
presented in the form of European law, case law and legislation.
Secondary sources of laws includes legal encyclopaedias, law journals, textbook,
parliament with non parliament documents.
Law journals- This can be understood on the parameter of extensive range. Some can be
taken as general and other can be certain. There is a combination of academic arguments and
newsletters. This also includes journals that is represented in print as well as in online form.
Legal encyclopaedia- These are the main basis of getting all the detailed information
about key points and legislation.
Legislation- As per the U.K government, it is a known fact that constitution govern all
the right, duties, responsibilities, norms that must be avail by their citizen. Constitution of U.K
has been written and other are approved by parliament.
Case laws- This is related with the law report in full description and considered as the
fundamental as well as primary sources of United Kingdom laws.
From the above points, it can be concluded that the legal system and various sources of
laws are the fundamental criteria upon which all the activities of any organised is based
(Devinatz, 2011). Business unit needs to follow all the norm under business act and thus all the
activities under this can be considered as the legal actions of the organisation. They can
successfully run their business.
P2 Role of government in formulating laws and statuary and common laws in courts.
Government is the top most authority of any country who is responsible for making laws
and conducting legal activities within then country. This makes their role very crucial in context
of any country. There is set format starting from the formulation of government and their major
roles and responsibility. Their main objective lies in the idea of working in the favour of each
and every citizen of the country. Laws are made as per the past record of the country to full fill
current need and demands of the common people.
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There are some basic steps that is being followed by the government in order implement
any law in the country. Bill can be converted into law and the major phases are given below:
First reading- This is so far considered as the first stage in the formulation of any law.
This is the stage of simply arrival of a bill. All the content have reviewed in this step.
Second reading- This step is related with discussion of the main reason behind the
establishment of any bill. Purpose of bill discussed over here. This can also be understood as
analysing the key areas of it.
Committee stage- This can be considered as the phase where any kind of changes and
alternation took place (Cuniberti, 2016). For this purpose, votes can be taken to decide the
authenticity of the bill.
Report stage- After making some changes in the proposed idea of bill in step third, this
phase basically comprises with amendment.
Third reading- This phase can be considered as the step where there is a final chance to
make any amendment. This step is also known as “tidying up”.
Royal assent: This is the final stage in the implementation of laws in any count5ry. This
is made after the approval of bill from both the houses.
The difference between common laws and statuary laws are given below
Common law Statuary law
1. This is made by the judges in court. It can be
considered as solving clashes and disputes with
the help of past decision that was made in the
same perspective as present.
2. Generate as per the new laws made by
judges
3. In terms of operational level, it is
procedural.
4. Common law has a different name, that is
case law.
5. In context of nature, It is instructive.
1. This law is all related to Statute. It is simply
an act of parliament.
2. These laws are actually issued under the
head of government.
3. It is substantive.
4. This is also known as written law.
5. It is prescriptive in nature.
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M1 Analysing the effectiveness of legal framework with reference to recent development.
Legal system are the basis upon which all the activities can take a shape of authenticity. It
is important to review the legal system in order to check its effectiveness in the country. This can
be evaluated on the ground of analysing recent development in the nation (Qi, Roth and Wald,
2017). In context of U.K, these development can be seen in terms of reform in legal market.
Some of the important points under this reform is discussed below-
Market authority of U.K, finally applied reform in context of audit market on 1st July
2015. This is so far the best development phase that is seen in the audit market of U.K
On July 2015, public interest such as banks, building societies and listed companies will
have to show their audit outside in the market within the time period of every 10 years.
D1 Critical evaluation of legal system with support from different example.
English legal system can be evaluated on the ground of its effectiveness with the help of
some example. All the European system is mainly made up of English laws. These laws are the
fundamental ways by which different other countries can also conduct their legal system . These
nations are New Zealand, Australia, Canada and USA. In the evaluation of these laws and its
impact on the country can be seen by an example which is given below:
Canada (attorney general) v. Hislop- The decision of this case by made by supreme
court. Date and citation was [2007] 1, S.C.R. 429. Subject matter of this case was related to
“charter of rights” which is also known as equality of rights under section (15).
SECTION 2
P3 The main obligation of employers.
A) Employers are the person who are responsible for conducting their own business and
giving employment to different people. That is why, they are abide by some basic legal laws that
they need to follow in order to run their organisation (Tran, 2014). Given below are basic
obligation of employers:
1. Occupational health and safety: Employer needs to ensure all the workers under their
company that they must get health and safety measures. Health and Safety Rights Act 1974
defines the various provision that bound an employer top follow certain rules in working
environment in order to maintain healthy and safe working surrounding in premises of
organisation.
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2. Workers compensation: all the workers have a right to get salary of wages against the
work they are doing for the company. Employment act 1963 defines the various rules and
regulation that describes the duty of employer in providing appropriate compensation to
employee without discriminating and as per employee efficiency and work.
3. Harassment: Any act of harassment is prohibited within the area of a company.
Employer needs to make sure that no such incident would ever occur at their place of work.
These king of act is legally not acceptable. Sex Discrimination Act 1975 gives some rights to
person who is victimised of Harassment act by other to take an rapporteur legal action against the
faulty. The employer should implementation various rules in order to maintain a secure working
environment.
4. Equal opportunity: They are liable for giving fair chance to each and every
employees in order to showcase their talent (Sanyal and Samanta, 2011). Every working people
should get equal opportunity. These opportunities can be in form of promotion, incentive, reward
or recognition. Equal opportunity 2010 defines the various provision that enables a employer to
provide equal opportunity to every peons working for firm without discriminating on the basis of
religions, race, gender, origin, colour etc.
Other then the above mentioned obligation as per the report there are some other
obligations as well which is discussed below.
No discrimination: This is again a very important role performed by the employers in
respect of legal obligation. They need to make sure that at the company premises, there should
not be any discrimination among employees according to their cast, religion, nationality, gender
and so on . This will ensure by the government that every obligation must be adopted by each
single business unit.
Minimum wages: There is a provision of giving an adequate amount of wages and salary
to the employed people and thus no employer can breach this fact. Minimum Wage Act 1998
specify some basic amount that an employer have to give his workers as basic living wages
which is necessary to fulfil labours basic needs.
B) As per the scenario, there were a girl of 16 year old who was working at a fast food
restaurant. One day in an accident her hand was burnt by oil having temperature of 360 degree.
As per this incident, their team leader was supposed to make sure the safety condition but he was
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out and working on tills (Yu, 2014). In this case, girl can protect her right by using employment
act which states that there has to be good working condition provided to all the employees.
M2 Major affect of legislation in context of above given scenario.
In context of given case, girl can file case against her employer by breaching the laws. It
is mandatory for any employer to maintain the health and safety practices at work place. This
makes the use of all legislation very necessary for giving justice to employees. “Duty of care”
states that employer must ensure their act in such a way that employees can feel safe at their
work place. But if in case, employer do not take care of their employees and there were some
injury caused to the working people similar to the given case, then various legislation can give
justice to the victim.
SECTION 3
P4 Legal solution in context of given business issue.
As per the first case, it was found that “Donna” who the owner of a
fashion house fired one of the employee without giving notice to it. As it was mentioned in
business law that no higher authority or even the top management can terminate their employees
immediately without giving prior notice to them. Therefore in this Calvin who got terminated
can ask advance notice and also the salary of one month (Aston, 2016). Therefore, in this given
scenario, Donna need to make sue that no employees can be terminated without informing them
in advance as it is not at all acceptable by laws.
In the second scenario, Dan claim for his fire insurance as his store was destroyed by the
fire but as per the insurance company, the claim can not be acceptable as it must be filed within
the time limit of 24 months. Company did not pay the claim at last. In this situation, Dan was
advised to direct file a case against the insurance company as there is no time limitation for
insurance claim.
From the above case study the various legal solution to the problems of Dan can referred
as follows in order to compensate his losses:
 The Dan can demand for reinstatement the fact and charges because of which cause he is
dismissed from job.
 Calvin can demand for re-engagement to his duty in organisation.
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 Calvin and Dan both can demand for compensation over the loses from which they had
gone through.
P5 Major justification of above solution with the help of example.
Above were the basic solution of issues given in file. First case was related with unfair
dismissal. It was ensure by the labour law of U.K that company needs to follow basic standard in
order to terminate any employee. There can be an absolute example which can match with the
current scenario given the case. (Barton v. Rona) was a case of 2012 based upon wrongful
dismissal (Leuz, 2010). This case was based upon the idea where Barton was forcefully
terminated on the basis of breaching the policy of company that was related with health and
safety. Court made the decision stating that employer must know the “zero tolerance” technique.
In the second case, there were an incident of insurance policy. It was ensure by the law
that person can claim for the insurance irrespective of time duration. Similar case to this can be
“Peel port company v Dornoch Ltd”. It happened in, 19 June 2017. This case was finally dealt by
the court in which insurance claim were given to the insured. This can be justified from the
above case that Calvin and Dan are meant to be innocent in their respective view of case. Dan
can link his innocent ion the basis of contract law. While dan can proof his innocence on the
evidence of wrongful dismissal.
M3 Positive and negative affect of legal system in business issues.
There can be both positive and negative impact iof lefak system in context of business
problems. Positive impact can be seen as it gives basic framework of protecting the right of the
customers. All the legal issues can be solved by the court with full justification. No citizen will
feel avoided as each and every common people of the country is same for the court and justice
will be provided to all people.
Negative impact are also there as sometimes people will feel offended and they commit
suicide. On the other side, all the case filed under court are not free of cost (MORÇÖL and
Gautsch, 2013). For example there are some basic fee that must be given to the advocates. These
fees are very high depending upon the complexity of case.
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SECTION 4
P6 Analysis of the concept and advantage of using “alternative dispute process”.
A) Alternative dispute solution can be understood by the means of providing solution to
all the issues and dispute associated with any person or business entity. Arbitration and
conciliation are the two concept under dispute resolution. Decisions that are made under
arbitration is bases on the concept where both the parties must accept the decision made by the
legal authority (Dickerson, 2011). On the other hand, conciliation is the idea where decisions are
made as per an appointed third part who would be liable to listen both the parties and then a
mutual decision is made.
Benefits of alternative dispute system are as follows:
1. It is cost effective. As people can get justice and solution to their issues without
spending so much of money. This develop a thought in the mind of people that there rights will
be protected by the laws and legal established body like court.
2. All the information about both the parties are totally confidential so there would be no
misuse of any kind of data related to specific case.
B) Recommendation of a substitute legal solution to the business issues.
According to the “Antwon and Tyrell” case, there were serious dispute among them but
they do not wanted to destroy their working relationship. In this case, they are suggested to go to
arbitration in place of alternative dispute solution. This is because the legal procedure in giving
solution to any dispute is somewhat easier and quick in case of arbitration (Nichols, 2012). Court
listen to both the parties one by one and then finally made a decision. This is mandatory for both
the parties to accept the decision made by the court.
M4 Comparison of court and alternative dispute resolution.
Both alternative despite resolution and court have basic function to provide justice to
people. Given below are the main differences that can notice in these two legal authorities.
1. Court is the ultimate solution to any problem and its structure is somewhat complex in
comparison of alternative dispute resolution (Folsom, Gordon and Van Alstine, 2012). It
indicates that solution to any problem
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2. As court is the ultimate solution of all rising trouble with the legal framework of the
country. So if there are so many pending cases in courts then few of cases can be adjusted
towards alternative dispute solution.
D2 Major use of legal solution in context of alternative dispute process.
Legal solution can be represented by the ways in which people can seek for the solution
to their different disputes (Jarvis, 2011). Court is so far considered as the best place to deal with
ll legal issues.
The importance of court are described below:
1. Courts is very important in order to help the government in setting up of U.K laws and
hence it become necessary for the court to be ready for their contribution in making laws for the
country.
2. Supreme court is the ultimate authority to decide and implement the complete legal
system.
CONCLUSION
This report gives an overview of U.K legal system. As government is the ultimate
authority of any nation to govern all the major activities within a country. There are various laws
made in order to protect the rights of the people. Effectiveness of legal system can be calculated
by seeing the recent growth of a country. There are specific laws established by government that
determines the the roles and responsibilities of an employers. They are liable for ensuring health
and safety of their employees. It can thus be concluded that legal system is important in order to
run a country with less dispute.
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REFERENCES
Books and References
Aston, J., 2016. Introduction. In Female Entrepreneurship in Nineteenth-Century England (pp.
1-21). Springer International Publishing.
Cuniberti, G., 2016. The Laws of Asian International Business Transactions. Pac. Rim L. & Pol'y
J., 25. p. 35.
Devinatz, V.G., 2011. The Continuing Controversy over Right-to-Work Laws in the Early
Twenty-First Century. Employee Responsibilities and Rights Journal, 23(4). pp. 287-
293.
Dickerson, C.M., 2011. Informal-Sector Entrepreneurs, Development and Formal Law: A
Functional Understanding of Business Law. The American Journal of Comparative
Law, 59(1). pp. 179-226.
Folsom, R.H., Gordon, M.W and Van Alstine, M.P., 2012. International business transactions: a
problem-oriented coursebook. ThomsonReuters.
Jarvis, J., 2011. What would Google do?: Reverse-engineering the fastest growing company in
the history of the world. Harper Business.
King, W.J. and Skakoon, J.G., 2010. the unwritten laws of engineering. Mechanical engineering,
132(10). p. 42.
Leuz, C., 2010. Different approaches to corporate reporting regulation: How jurisdictions differ
and why. Accounting and business research, 40(3). pp. 229-256.
MORÇÖL, G. and Gautsch, D., 2013. Institutionalization of business improvement districts: A
longitudinal study of the state laws in the United States. Public Administration
Quarterly, pp. 240-279.
Nichols, P.M., 2012. The business case for complying with bribery laws. American Business Law
Journal, 49(2). pp. 325-368.
Portillo, J. and Block, W.E., 2012. Anti-discrimination laws: Undermining our rights. Journal of
business ethics, 109(2). pp. 209-217.
Qi, Y., Roth, L. and Wald, J., 2017. Creditor protection laws, debt financing, and corporate
investment over the business cycle. Journal of International Business Studies, 48(4), pp.
477-497.
Sanyal, R. and Samanta, S., 2011. Trends in international bribe-giving: do anti-bribery laws
matter?. Journal of International Trade Law and Policy, 10(2). pp. 151-164.
Tran, B., 2014. A History of How US Academics, Laws, and Business Have Created the Current
Approach to Organizational Diversity with Some Ideas for Moving Forward. In
Approaches to managing organizational diversity and innovation (pp. 169-186). IGI
Global.
Yu, D., 2014. Some hesitant fuzzy information aggregation operators based on Einstein
operational laws. International Journal of Intelligent Systems, 29(4). pp. 320-340.
Online
Business laws, 2017. [Online]. Available through: <https://www.hg.org/corp.html >. [Accessed
on 18th July 2017 ].
Government laws that affect business,, 2017. [Online]. Available through:
<http://smallbusiness.chron.com/government-laws-affect-businesses-25756.html>.
[Accessed on 18 July 2017 ].
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