Business Law Report: Legal Frameworks for UK Business Operations

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This business law report provides a comprehensive overview of key legal concepts relevant to UK business operations. It begins by examining the different sources of law, including legislation and case law, and details the UK law-making process, emphasizing the roles of Parliament and the government. The report then analyzes the impact of various legislations, such as employment, contract, and company law, on business enterprises. Furthermore, it explores the legal formation of businesses in the UK, covering partnerships, sole proprietorships, and companies, along with their management and funding. Finally, the report concludes with recommendations for legal solutions in dispute resolution, offering insights into the practical application of business law principles. The report aims to provide a clear understanding of the legal framework within which businesses operate in the UK.
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Business law
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TABLE OF CONTENT
INTRODUCTION.......................................................................................................................................3
TASK 1.......................................................................................................................................................3
P1 Different sources of law.....................................................................................................................3
P2 What is the law making process in UK and the role government plays in it. The application of
common and statutory legislation in courts.............................................................................................5
TASK 2.......................................................................................................................................................6
P3 Impact of legislations on the business enterprises..............................................................................6
TASK 3.......................................................................................................................................................7
P4 How businesses are legally formed in United Kingdom.....................................................................7
P5 How the business enterprises are managed and funded......................................................................8
TASK 4.......................................................................................................................................................9
P6 Recommendation of legal solutions for dispute resolution.................................................................9
CONCLUSION.........................................................................................................................................10
REFERENCES..........................................................................................................................................11
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INTRODUCTION
Business law is a study of different bodies of law which helps out to provide the
corporate and the civil implications in the law society with various branches that are being used
for the organisation(Härkönen, 2018). It provides out all the important implications of law that
are being considered under the public and private law. This mainly covers the commercial
relation and also different types of transactions in the business practices. These are mainly
employment law, contract law, IPR and many more. It provides out safety measures in order to
manage the proper right for the individuals and also to protect the employees from sex, caste,
colour, race discrimination. This report will cover all the implications of corporate and civil laws
with the various alternative dispute resolution and the business practises.
TASK 1
P1 Different sources of law.
In English law helps out to provide the legislation in order to maintain the civil and
criminal matters through which the Justice course can be administered. UK provides out the
study trial of which helps out to maintain a proper balance and also the legislative framework
through which the individual is used to gain out the rights of the law and order. English legal
system consists of various Justice matters through which they try to implement out different
kinds of sources (Nichols, 2019). There are some important sources of law which are being
mentioned as follows:
Primary: It is the original source which used to provide out all the authoritative knowledge and
the powers that are being implemented in order to make an amend the laws. All the primary
sources used to concern out with the original documentation in the work that is being recorded
between them. Some of the important primary sources in the laws are mentioned below:
Legislation: These are mainly the superior authority which used to help out to implement
the laws in the Parliament as a statically legislations. As the Constitution of UK Is partly
written and Wholly codified. As legislation is the lawmaking authority’s and the
Parliament which used to provide out all the start a tree obligations and the laws which
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are been codified and are being framed by the constitutional areas. All such laws are
being made by the House of Commons and house of lords as they used to embark out all
the essential rights that are being needed for the working areas.
Case laws: These are mainly the primary sources which help out to provide attachments
with the fundamental knowledge in the law reports that cover out a decision and the legal
principle for the future decision in superior courts. When the case used to be gone in the
superior court such adjust used to give their judgement and the judgement that is being
raised by them will be amended and applicable on all these lower and the subordinate
courts that lies between them (Dayton, and et. al.,2018). The decision of the superior
courts will be binding and creates a binding impact on all the lower courts as it helps out
to maintain the future decision on the aspects through which the individual’s life can be
saved and a proper decision can be implemented for the variability and for the justice that
can be prevail.
Secondary sources are mainly the sources which are being gain through the research work
and documents of the primary sources and they usually provide of the documents and the
information through different aspects.
Legal Encyclopaedia: It is mainly the research and the issues that are been covered in the
key points and elements and the cases that are being studied in it. These are mainly all the
important elements through which a research can be made regarding to the issues in the
legal areas and also about the general aspects through which a person can gain the
knowledge about the legislation and the important rules and operations.
Text books: It provides out all the academic research through which the legal
implementation and topics are being covered out. For all the students it is important to
maintain and gain the knowledge through textbooks as the law textbooks used to provide
out all the information regarding their article, acts, judgements, rules and the implications
through which they can effectively research about their academic areas and get the
relevancy regarding the topics (Chamberlain, 2018).
Law journals: It provides out all the specific areas through which the articles and
important case commentaries are being analysed and used in order to understand the
issues in the clear manner. Journals use to provide the important commentaries that are
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being related to the case and also provide an understandable knowledge regarding the
article and the framework through which the rules and decorations are being impacted.
P2 What is the law making process in UK and the role government plays in it. The application of
common and statutory legislation in courts.
Parliament helps out to provide a supreme authority in order to maintain the benefit for
the citizen and also to maintain implementation of the season it is important to propose the bill
and the draft is being framed out. Some important discussions are being framed through the
examination of bills and the process of lawmaking is being given their under:
First reading: This is the initial stage where the bill usually being arrived and is also
being read out in front of the house members.
Second reading: It provides out a discussion in all the important key areas for the debates
with the objective that is being framed in the bill.
Committee stage: It provides out the analysis through which all the important
examination is being framed out through which the members and the important areas can
be implemented regarding to the debate and discussion there under (Mannila, and
Eremicheva, 2018).
Report stage: This stage helps out to provide it changes that are being needed for the bill.
Third reading: This is the final reading where the Parliament can cover out all the
loopholes that are being in the bill in order to make the necessary amendments.
Considering amendments: Here all the important amendments and suggestions regarding
to the changes and expectations are being made this stage is also called as ping-pong as it
can thereby be rejected or accepted by the common (Ghetti, 2018).
Royal assent: This is the final stage where the bill is being passed by the houses and it
usually requires all the state of the nation that used to serve out and frame the bill
according to it.
Application of law courts
In order to maintain a proper legal system hierarchy of court is being maintained where
Supreme Court of UK drive Saudi important highest “power which used to deal out with all the
criminal and civil matters. It usually cover out the court of appeal and the High Court usually
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provide out the division bench a slight Chancery, family division and Queens bench.
Other than that the subordinate courts like magistrate court Crown Court used to deal with all the
minor and major criminal offences whereas the juvenile course and the youth code steel with all
deep cases regarding to the children and the county court cover out the civil nature of cases. This
usually provides out the superiority and also they supported with the start a tree laws and also
interpret out the important legislation Tata be framed in the statutes.
TASK 2
P3 Impact of legislations on the business enterprises.
Legislation provides out the important regulations and rules in order to frame of the
supreme authority through which they can authorise out the smooth running and also to enact the
proper functioning of the business by complying the companies. Some of the important laws that
are being mentioned as follows:
Employment law: It provides out all the important legislation to protect the rights of the
employees working in the companies and also the workforce from all the unfair and the
wrongful dismissal and also provide them the equal holidays and protection regarding
their equal pay. Equality law 2010 helps out to provide fairness and justice with equal
opportunity and also create a healthy environment by implementing health and safety act.
The national minimum wages act is mainly been made in order to provide the workforce
a proper minimum laws and with that they are being protected through the age, gender,
race, sex (Plump, and LaRosa, 2017).
Contract law: It is mainly agreement that is being made for all the enforceable
agreements that are being bind it in the contract. It provides out all the important
contractual obligations between the parties in which the term and the breach of contract is
been implemented. Contract law implicate powder agreement which provide South
agreement through which the person can thereby implicate to perform the working in the
business (Patel, and et. al.,2020). The contract law there has been provided different types
of remedies for all the breach of contract. It mainly helps out to maintain the legal
obligation with the aggrieved parties and also maintain the legality by protecting the
parties and maintaining the business.
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Company law: It mainly provides out all the regulations that are being made between the
companies as it helps out to implicate the performance and a legal entity with a perpetual
benefits. It maintains a transparency and also implicates out the incorporation between
the companies through which the winding up can be emphasised. The stakeholders are
mainly being connected with the companies as the person can legal frame all the
important areas for the company and through which the business can thereby be
implemented with the certain investors.
TASK 3
P4 How businesses are legally formed in United Kingdom.
Business organisations are mainly being made with all the business structures and also
provides out the configurations through which the liabilities and the rights can be maintained and
a proper framework of business structures can be maintained there are different kinds of business
as according to the structure, liabilities, ownership etc. Some of which are mentioned below:
Partnership: All such business practises in which two or more individuals are being
involved in which used to involve in a mutually agreement and decide on the same
agreements and firm. Partners mainly cover out all the responsibilities, loss, profit and all
the implemented decision making power. It mainly cover out all the important capital
contribution through which they used to tend out all the agreements between them. There
are mainly two kinds of partnership which used to cover out in registration to HMRC as it
is mainly unlimited liability and a limited liability through which contribution has been
created in firm (Cross,and Miller,2020).
Sole proprietorship: It is mainly all the small-scale business practices which are being
carried out by single individual and being managed and controlled by a sole owner. It
usually covers out no interference of any of the person and provide South unlimited
liability is with all the deaths and the firm undertaking. It provides out the registration
through HMRC and their will not be any kind of complex procedure that is being made in
them.
Companies: These are mainly incorporating bodies which is to cover out a complex
method in order to maintain it it’s mainly a separate legal enterprise which helps out to
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have their own common seal and an artificial Personality. It helps out to pay all the
benefits for the profit by the help of corporation in taxes that can be maintained by
themselves. It frames out all the distant personality through which all the liabilities and
attempts are being raised on the company itself.
P5 How the business enterprises are managed and funded.
For all the business it is important to maintain the growth and also the management
through which the funds and financial aspects can be carried away it helps out to maintain the
balance between emphasised areas. In all the business practises the capital and the financial
aspect is the most important factor. In all organisations it is important to manage the funds for
the financial area some of the methods are being mentioned below:
Partnership: It provides or two or more methods through which all the management can
be implemented through the decision making process and the partners used to contribute
by their own saving or through the capital contribution by taking the money from the
bank loan. This is mainly the practice in which two or more individuals are being
involved as it mainly applies different partners who used to work together for increasing
the business and maintaining the profit (Ramseyer, 2017). As they used to share out all
the liabilities, assets and the shares that are being made between them with the profit and
losses the funds at the capital that is going to be race between them will be shared
between them equally. Either the partners contribute by their own savings or they can
also have the option for engaging different shareholders or taking the money from the
bank loans and various areas as it will help out to enhance the growth and production.
Sole proprietor: All those business which are being handled by the individual itself cover
out the liabilities and important responsibilities through which they try to maintain the
operation and decision making process hear the financial sector in the funds are being
maintained by their own savings of the owner or through the bank loans. These are
mainly the small-scale business practises and it is being carried by a single individual so
all the lights in this possibilities are being laid on the single individual. The person who
try to maintain the business practices used to carry out all the rights and responsibilities
and financial aspects and budgets are being framed by them only. The sole owner try to
maintain the funds through their profit or the savings that are being earned by them and
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also by taking the money from the loans and by improvising their business through
various help of shareholders and maximise areas and ways.
Companies: It provides out all the large scale and the complex procedure where the
sharing and the capital is being raised through the help of directors and the shareholders
and also the representative candidate by manage the working procedure through the
private companies and their own involvement through the corporate business (Smith, and
Williams, 2018). As all the company used to have a separate legal entity in carries out a
perpetual succession they used to implicate out all the process where the complex
methods are being involved. As the financial areas are being carried out by numerous of
shareholders which are being involved in the business and the directors who used to carry
out the responsibilities of the business practices in the companies used to deal with all the
aspects of business. In order to maintain the sufficient funds they try to get the equity
from the shareholders and also through the investors who used to invest in the company
by their corporate practices in the business aspects.
TASK 4
P6 Recommendation of legal solutions for dispute resolution.
It provides out all the legal solutions through which the business practices are being
covered out it helps out to solve the dispute that are being harassed in between the quotes. UK
government provides civil procedure and the rules to which they provide out a speedy disposal of
the matter with a cost effective process some of the legal solutions are being mentioned below:
Case 1
Issue: Gordon used to being entitled for all the annual pages of 2015 to 2017 with
contract law and employment law. There can be a valid employment contract between the
employer and Gordon for maintaining the variation clause and alteration of the contract
between them.
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Solution: Gordon can thereby apply negotiation as an important solution through which
they can appoint a third party who will be a negotiator between them and maintain a win-
win situation so that no party can suffer any loss between them.
Justification: Gordon used to provide out in stability through which they can thereby
maintain different types of negotiation and maintain the wages claim through which both
parties can maintain amicable solution in an employment contract.
Case 2
Issue: In this case scenario Janet is there by being liable to pay all the telephone bills that
has been came for a whole month by The delete installation and the second issue is that
the organisation virgin media used to being involved and relating to the contract that is
being frame between the business parties for the implied contract that is being made
between them.
Solution: Mediation is a method which can be applied so that a neutral person can be
mediated between the parties so that a suggestion can be implicated between them
(Fenwick, and Wrbka, 2018).
Justification: Mediation hits out to provide an amicable solution and also to maintain a
reputation and protection of the company by resolving all the disputes in confidential
manner.
Case 3
Issue: All the creditors who are being applied in order to winding up for all the petition
that is being raised between the non-payment of the Company Law and also the creditors
have to pay the huge amount that is being turn into a bad debts.
Solution: Arbitration can thereby be suggested so that an arbitrator is being appointed
between the parties and they will help out to award a proper evidence through which a
binding of the party decision can be maintained in a flexible method.
Justification: By appointing an arbitrator it will help out to solve the dispute and a
speedy manner outside the court and the decision will also be binding between them so
that the company will get better communication and speedy method in a time process.
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CONCLUSION
It is concluded from the above report that business law helps out to regulate different
operations through which a proper legislation is still maintained. Sources of law help out to be
maintained as primary and secondary sources. Parliament helps out to provide a strategy law in
which they enact out the common law with a judicial system. Business law provides functioning
of smooth functioning of business practises and also regulate out working procedure with
different kind of business practise like partnership, companies etc. It is important to maintain the
funds for all the business practices on the basis of scale, ownership and the requirement. Further
it is also analysed that arbitration, mediation, negotiation is and speedy methods in order to
resolve the dispute in an alternative dispute solution
REFERENCES
Books and Journals
Chamberlain, N., 2018. Class Actions in New Zealand: An Empirical Study. New Zealand
Business Law Quarterly, 24, pp.132-165.
Cross, F.B. and Miller, R.L., 2020. The legal environment of business: Text and cases. Cengage
Learning.
Dayton, and et. al.,2018. Short-term global business immersion courses: Short-term program,
long-term effects. Business Horizons, 61(6), pp.903-911.
Fenwick, M. and Wrbka, S., 2018. International business law: emerging fields of regulation.
Bloomsbury Publishing.
Ghetti, R., 2018. Unification, Harmonisation and Competition in European Company
Forms. European Business Law Review, 29(5).
Härkönen, E., 2018. Conflict minerals in the corporate supply chain: is transparency the solution
to human rights violations in the tantalum, tin, tungsten and gold supply
chains?. European Business Law Review, 29(5).
Mannila, S. and Eremicheva, G., 2018. Some risks of informal business in Russia–a case study
from Saint Petersburg. International Journal of Sociology and Social Policy.
Nichols, P.M., 2019. Bribing the machine: Protecting the integrity of algorithms as the revolution
begins. American Business Law Journal, 56(4), pp.771-814.
Patel, and et. al.,2020. Calorie labeling law and fast food chain performance: The value of capital
responsiveness under sales volatility. Journal of Business Research, 117, pp.346-356.
Plump, C.M. and LaRosa, J., 2017. Using Kahoot! in the classroom to create engagement and
active learning: A game-based technology solution for eLearning novices. Management
Teaching Review, 2(2), pp.151-158.
Ramseyer, J.M., 2017. Aspen Treatise for Business Organizations. Wolters Kluwer.
Smith, D.G. and Williams, C.A., 2018. Business Organizations: Cases, Problems, and Case
Studies. Aspen Publishers.
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