Business Law Report: Kongo National Policy, Employment, and Case Law

This report offers a comprehensive overview of business law, beginning with an introduction to the subject and covering various aspects such as civil and criminal law, sources of law, and the process of creating laws. It differentiates between employed and self-employed individuals, providing insights into employment law and relevant case studies like Pimlico Plumbers v Smith. The report also explores the role of government in law-making, the application of statutory and common law in court procedures, and the national policy of Kongo concerning food standards and safety regulations. The report analyzes different laws, their workings, and the distinction between employed and self-employed individuals, supported by relevant case law, offering a detailed understanding of business law principles and their practical applications.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
Main body........................................................................................................................................1
TASK-1............................................................................................................................................1
TASK-2............................................................................................................................................5
Task-3 .............................................................................................................................................7
TASK 4............................................................................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
In the following report various aspects of law are takes and discussed briefly and putting
importance to all context of this report it will portray a proper explanation of laws and its types.
Majorly sources of flaws and their correct reformative structure is defined and provided in the
report given below and this will consist all the major contexts to understand business law
correctly (Adams. Law for Business Students (9th ed) London).
Main body
TASK-1
Their are various streams of law but he main two bifurcations in law is criminal and civil.
 Civil law: in this disputes or issues related to matters of land, property, patents,
copyrights, wills etc. are described. Here, all definitions and crimes related and their
punishments are mentioned. This law helps when a person has issues regarding these and
it renders a guideline for working in business which is in written format. The main code
of principle is followed in this law to provide help and guide people.
 Criminal law: in this law it directly connected to issues related to crime field. It revolves
around defining all crimes and their punishments in the rule books accordingly. These
were created to administer society and protect them from any criminal activity and help
victim's get their rights and punish criminals.
Act of parliament works in the following criteria:
 Guide for passage of a bill in parliament goes through two legal bodies known as house
of commons and house of lords. Any draft or bill which is presented in a parliament is
passed through these legal entities of government separately. Then in the final stage it
goes through royal accent where the queen or monarch sighs the document which
converts it into an act of parliament (Allen, Kraakman and Subramanian, 2016).
 The European models provide a contrasting over view of acts in parliament. Here, the
model of sovereignty and constitution comprises several laws such as European
communities act 1972. it carries a very different element which increase standard levels
of parliament & add more characteristic to it.
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Different sources of laws
Their are prominently two types of sources of law such as primary and secondary resources. Any
legal system need several sources to develop a perfect amalgamation of acts and ruling which
can serve justice to citizens without any complications and confusions.
Primary sources of law: These are connected to legislation and regulation to the constitution of
United Kingdom, it controls all the regulations of the council and provides guidelines for proper
workings in country. Some of most prominent, sources are mentioned below:
 Legislation: Its the powerhouse of government of United Kingdom, it consists of
powers which can make, repeat and remove any law from books of parliament.
This legal body of government seeks changes in a certain period of time. Its
consists of total 650 members from parliament, where each mister portrays a
geographical area of UK (Ambler, Witzel and Xi, 2016). It consists of two legal
entities called as “House of commons” and “House of lords”.
 Common law: This laws formation is for betterment of society. It was originally
started in kings ruling where, laws were modified, changed and created each time
with different cases. The laws which come under today's modern common law
have a history of similar case laws to connect to. Nowadays most common law
are modified according to need of case and many courts benches provide
jurisdictions according to it. Even when a extraordinary judgement is passed
parliament recognises its need and transforms it into an act.
 European union: This union consists of 28 members which countries across the
globe. The development cause of this law was to provide better support and
peace between all members. This helps all the countries in global market it creates
a dominance in trading goods and services which gives a power to control market
rates and supplies (Barling Gasson. Learning Materials for HNC).
 European convention of human rights: The need of this convention was felt
after WWII, where destruction of humans by humans created so much problem
that until this convention was created the whole world was divided by their
specific territory without any peace and harmony within them. This European
convention provided support for betterment of society and giving specific results
and spread its basic purpose to create a better society.
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Secondary sources of law:
These sources are to maintain discipline in society and provide knowledge to the
common man about any new re formatives and changes in the legislation. Some of the most
common sources of law are mentioned below:
 Textbooks: The main source of knowledge about laws and reforms is provided
by textbooks. Books guide towards to correct path and proper presumption of
laws and reforms.
 Expertises opinion: There are several people who have expertise their knowledge
about specific laws or divisions in law. These people provide their opinion about
laws (Beatty, Samuelson and Abril, 2018).
 Courts decision: Some times a courts bench provides remarkable judgement
which are appreciated by several people including government, which later
become sources of laws.
Procedure of creating laws and applying common and statutory laws in court procedures.
Role of government in law making procedure:
This process of law making is very specific and direct in nature it uses several stages for
a bill to become an act. Legislation consists a proper legit procedure which will help them
getting benefits of analysing and detailing each bill. The procedure for it is very simple and clear
and it has to go through two legal bodies. These legal bodies are known as “house of commons”
and “house of lords”which are defined below:
This procedure is very difficult provisions to guide and provide a specific stages to purify
and recommend laws and pass them in society after a lot of evaluation.
The procedure is as following:
 First reading: here a general presentation of file is done and basic principle of bill is
discussed by all people (Clarkson, Miller and Cross, 2014). The parliament is the place to
present the file and no other legal body shall interfere in this procedure.
 Second reading: here the jest of bill is presented in parliament. The need, source and
basic necessity to give these needs to be clarified in parliament. People supporting the
idea of this concept and basic purpose of bringing this bill is presented at this stage.
 Committee stage: here the members do voting or support or non support of the bill. This
stage decides weather this bill will further go in process or it might get rejected.
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 Report stage: Here, the concept of bill is clear to all members, then if any changes are to
be marked or made are done at this stage. After crossing this stage no amendments can be
made.
 Third reading: here, if any member can provide loopholes in the law are provided so if
any final stage changes are to be made can be completed (Cox, 2015).
 Consideration of amendments: one the bill goes though house of commons it goes
through house of lords, if any changes are marked in that procedure it is also made
amendments in bill.
 Royal assent: It's last and final and foremost stage of this bill which provides permit to
convert draft bill into an act of parliament.
The procedure though which statutory and common law is applied in court.
Legal procedure will provided is divided into two divisions which is statutory and
common law. These two are very specific in their zone and provides better treatment of society.
These laws are bits and pieces of the main constitution which is aid to be unwritten in nature.
Statutory Law: This law is clearly defined and established in its own source the courts
basic procedural demand are connected to this law. The courts establishment of this law is very
particular and does not defines any issues and possibility of differences in law. This law is very
uncertain and courts uses such nature to fixate such regulations which are clearly not possible in
the scheme of law. Here laws are connected to the general court proceeding s and differentiating
problems in the court house.
Common law: this law is for the justification of proper workings and providing laws
according to basic nature of the commodity in the court room. It is believed that each case law
differs from one another and due to that the laws provided in them shall also be different in
nature (Davidson, Forsythe and Knowles, 2015). Some of the most extreme judgements are later
made into laws and acts in parliament. Commons laws basic concept is to provide betterment of
society and give solutions which are reasonable in nature for both parties to compile with each
other.
In case of KONGO, the national policy is related to the food standards agencies and a
independent government which can govern and provide them better law and relations for a better
society and give proper jurisdictions for settlement of certain disputes in the country. The food
and safety act is one the most powerful legislation laws which is supported by the government of
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KONGO as it believes that any development in the country can happen only if the citizens of the
country are healthy and are safe in the nation. In certain specific legislations of KONGO, if any
person does not follow a certain rule or regulation then penalty or fine charges can be fined on
them.
(Source: How difficult is the legislative process?, 2019)
TASK-2
Illustrate different laws and their workings and differentiate between employed and self
employed.
Employment law: Kongo, has a special type of delivery service which regulates meals to
all the people. For this business they shall provide bicycle and clothes which are representing
that brand. Plus staff has to wear a specific dress code while workings. Plenty elements which
justify a persons work to be a employment or self employment in nature, plus labour law of
United Kingdom also justified correct procedure for it. These factors states a scenario where, a
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Illustration 1: How difficult is the legislative process?, 2019

person works on daily wages basis or works under a contract which has a pre-decided working
rate and wage rates. In this case it looks that courier company is very appreciative in their non
delivery services. In Kongo if any person is not justified, as they use a procedure in which a
week before notice in advance and providing information to call users about non delivery of
food. If to define weather a person is self employed or employed in nature can be classified, in
the working the file should be provided in specific to work around eight hours a day and give a
specific period of working hours (Frank and Bix, 2017). To clearly define the workings of self
employment and employment workings in differentiation pattern is mentioned below:
Employed Self- employed
In this procedure works beneath a person in
exchange of monetary retunes which can be for
long and short term period as well. In such
cases the employee works for some service and
the employer hire to pay for this service.
In this case the person works for himself either
though some business idea he produces and
opens a self outlet for earning, here the
workings are very flexible in nature since no
person is bound by the other.
The prime benefit in this type is that people are
getting employed and paid on time.
Here the self employment creates monetary
rewards which helps the person in getting any
correct regards in running his life and the
business organisation.
Case law relevance mentioned below:
Pimlico Plumbers v Smith
Problem: Sole dispute in this case is to prove weather, Mr. smith is an employee at Pimlico
Plumber or not. Later Mr. Smith filed a law suite which states that he falls under employment
law but Pimlico Plumber is not willing to accept as he was self employed person.
Decision of Court: The supreme court held that Mr. smith is employee at Pimlico Plumber.
Reason stating it is since, he was working with this organisation since a very long time even
though he was self employed (Jones. Introduction to Business Law (4th ed) Oxford).
In this case, he delivered courier for Pimlico Plumber which made him a employee of
KANGO, he should be given all facilities. This will provide hike in overall expenses of business
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organisation and eventually decrease ratio of profit. Also, all members will be . In additional,
they will required to provide proper notice whenever they are not able to attain at office.
Task-3
Type of Business Organisation Legal Formation Procedure
COMPANY (LLP) It formulates with several procedures from
management, contract and responsibility
division among members as according to their
duty in organisation.
SOLE TRADER A sole trader has to follow many issues which
are to be formulated for the purpose of getting
proper view of the business, here collecting any
sort of capital investment and any
PARTNERSHIP Here responsibilities and duties are distributed
among all partners on a ratio decided in a
agreement basis (Picciotto and Mayne, 2016).
Provided by case scenario, its given as a suggestion to k by accountant to register their
company. It involves series of procedures like setting up memorandum of association and articles
of associations which will defines duties and responsibilities of KANGO.
If KANGO, register's them as LLP they will have to create a particular sort of team
which will have all the responsibilities which in exchange will provide them number of changes
and rewards for employee. This will help in achieving all goals of company.
Role of directors and shareholders have a big importance in the workings of any organisation
such as:
 the directors provide discipline and mandatory rules and regulation to maintain standard
in company. Where as the shareholders are real owners of firm as they are the major
source of funds.
 Shareholders are members ODF company and with benefit of company even they get
benefited through rising market price of company. The reason such prices increase or
profits are schemes and plans created by them (Macintyre. Business Law (9th ed)
London).
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One can understand this concept better through the given case where it was defined the real
significance a director and shareholder has in any company:
Salomon vs Salomon 1897 is a very well known case which comprised similar issues and a
perspective towards it were given after this legal case study. Here, the doctrine of having
separate legal entity was defined. It gave a very wide observation in company law's and vividly
gave its importance in relation to business. The case has a dispute between defining ownership
over business and understand a company's constitution. After this law a company was made
separate from its owner and establishments of its rights and laws were created.
TASK 4
Providing legal solution in the following case.
Case Scenario: in such situation it was discovered KANGO, has its IT supplier have a
dispute between them which is not being solved since a long time. Here, both the parties have
suggested to solve this matter in one of procedures of alternative dispute resolutions to save time
and money (Park, 2012).
Alternative dispute resolution
This method provides various solutions to which people can seek help from and without
any need to go to court :
 Negotiation: in this series of method two parties sit together and provide each other a
proper contractual agreement in which both terms and conditions are agreed by both.
 Conciliation: A neutral third party is appointed to resolve matter between two people.
Here, parties shall give their opinion on which dispute is resolved agreeing on common
terms.
 Mediation: Here also a third person is appointed to provide several solutions to solve
issues and give basic concepts of resolving a dispute. Their are several methods which a
conciliator gives on which provides several dispute solving solutions (Management
Association, 2015).
 Arbitration: In this method only disputes which are too much complex and need help
from a professional point of view. Generally these cases are very complicated and only
an arbitrator can solve it. Its a legal bind document which means people cannot disagree
with decision one taken and approved. One decision taken by an arbitrator is later
approved by government and they can agree on several terms. It s the final solution one
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can agree upon and mostly parties are negotiated to provide benefit from both sides and
parts.
Recommendation: In this case the it company shall seek the help of an arbitrator, because a
particular and proper solution can also be provided by an arbitrator since he will have the
knowledge about all legal reforms and solution since this lawsuit. Arbitration is best option to
choose in given case since here, one can have a different point of view and legal advice since
generally arbitrator is a lawyer. Things will be more clear if they follow an arbitrator's advice
and can prevent several consequences regarding such matters.
CONCLUSION
In the end it is concluded that this report provides a certain level of information about
different sources of laws and their procedural methods. This report provides a series of different
variable which configure various solution over a dispute and resolve them without seeking help
from court. This research has defined that united kingdom has various different laws and reforms
for the protection of their citizens and give a proper reforms and laws which guide society
towards a safe and secure society. This work will provide a brief information about several
division of law and guide them accordingly to them.
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REFERENCES
Books and journals
Adams. A, Law for Business Students (9th ed) London. Pearson Publishing
Allen, W. T., Kraakman, R. and Subramanian, G., 2016. Commentaries and Cases on the Law of
Business Organizations: 2016-2017 Statutory Supplement. Wolters Kluwer Law &
Business.
Ambler, T., Witzel, M. and Xi, C., 2016. Doing business in China. Routledge.
Barling Gasson. D, Learning Materials for HNC KCB moodle.
Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2018. Business law and the legal environment.
Cengage Learning.
Clarkson, K. W., Miller, R. L. and Cross, F. B., 2014. Business Law: Texts and Cases. Nelson
Education.
Cox, J. ed., 2015. Business Law. Oxford University Press, USA.
Davidson, D. V., Forsythe, L. M. and Knowles, B. E., 2015. Business law: Principles and cases
in the legal environment. Wolters Kluwer Law & Business.
Frank, J. and Bix, B. H., 2017. Law and the modern mind. Routledge.
Jones. L, Introduction to Business Law (4th ed) Oxford. Oxford University Press
Macintyre. E Business Law (9th ed) London. Pearson
Management Association ed., 2015. Business Law and Ethics: Concepts, Methodologies, Tools,
and Applications: Concepts, Methodologies, Tools, and Applications. IGI Global.
Park, W. W., 2012. Arbitration of international business disputes: studies in law and practice.
OUP Oxford.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
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