Business Law Report: Exploring Legal Sources and Business Impacts

This report provides a comprehensive overview of business law, beginning with an introduction to its significance in protecting businesses from various illegal activities. It delves into the different sources of English law, including legislation (primary and secondary), case law, human rights law, and EU law. The report then explores the role of government in law-making, detailing the stages involved in the process, from the bill stage to royal assent. It also examines the impact of law on various business case scenarios, such as company registration and employment rights, and legal considerations for business entities. The report further discusses the legal rights of companies and employees, providing a detailed analysis of the legal framework and its implications for businesses. The report concludes with a summary of the key findings and insights, providing a valuable resource for understanding the complexities of business law.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
Task 1...............................................................................................................................................3
P1 Explanation of the various kind of source of law and laws that organisation ......................3
P2 Explanation about the role of government in the law making and how statutory and
common law is applied in the justice courts..............................................................................4
TASK 2............................................................................................................................................6
P3 Potential impact of the law on the various business case scenario........................................6
Structure of court.........................................................................................................................8
P4 Legal solution to vocational scenario....................................................................................8
P5 Justification to the answer for PHB Ltd and Busy bees scenario..........................................9
P6 Legal rights of AFG Oil Company........................................................................................9
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
In the context of business, law and legislation plays a very crucial role by which business
unit can get protection from theft, fraud and crime (Cheeseman and Garvey, 2014). With
assistance of the business law, not only business enterprise get protection and security from the
illegal activities but also various stakeholders such as customer, employees, suppliers etc. In the
present report, the major objective is to understand different source of law and effectiveness of
the legal system in terms of the recent reforms and development. The entire report is bifurcated
into the several kinds of case scenario under which various law and legislation can applicable. In
addition to this, the role of government in the law making and application of the statuary and
common law in the justice court are also discussed in the report.
Task 1
P1 Explanation of the various kind of source of law and laws that organisation
Law is one of the significant system in the country which have uniform rule of conduct
which is applicable equally to all the people of the state. In a simple word it can be said that law
is the command of the sovereign. It is a general rule of the external behaviour which is enforced
by a sovereign political authority (Coffee and Henderson, 2015). It can be said that law is a
general rule of the human behaviours in the state which can applicable for all people of the state.
With assistance of the law ,various kinds of rules and regulation can developed in the country.
Every country and state have their own law which is developed by the government. It creates
binding and authoritative value, decision and rules for the people in the state. There are main
four sources of the English law such as legislation, case law, human rights and EU law. These
laws are as follows- Legislation- Following are major two kinds of legislation such as Primary and secondary-
Primary- Primary legislation consists of acts of parliament or statue. It is the granting of
additional law making power to another branch of government by act or statute. It is the chief
source of law under which is created by the parliament. This is none of the most significant
legislation in the legal system which assist in the parliament. It various principle developed and
performed in the parliament which is situated in the UK (Crane and Matten 2016). Parliament is
most significant body in the UK with rights to develop the law. The house of lord and House of
Commons are the two major parties in the parliament.
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Secondary- Secondary legislation is all other forms of legislation that are not acts or parliament.
It is very similar to administrative law in the united states. In the house of Lord there are total
650 members who take the participation in the procedure of developing law for the country.
These all member have right to give their vote in the election. The person who gets maximum
votes then that particular person will appoint as MP of that community. In addition to this, in the
context of House of lord there are total numbers of peer is 800 under which 600 are duly
nominated (Disch, 2016). Case (common law)- This kind of law has been developed with help of common law. It
handles the supreme court cases. These interpretations are distinguished from statutory
law which are the statutes and codes enacted by legislative bodies. Human rights law- In the 2000, this kind of law has been enforced and came in to the
existence in 1998.The major objective of this law is to provide the security and protection
to the human being in the country from the illegal and unethical things. With assistance
of this law, human being can get protection from the crime, fraud and thefts (Folsom,
And et.al., 2012). This law has been made by the European convention on human rights.
This kind of rights of human are necessary or all of the human who living in the country.
 European union law- In the pastime, UK is the member of the EU so all the legislation
and law which applied in the EU is automatically followed by the UK. However, the
aftermath of Brexit, it is not necessary for the UK to follow all regulation, legislation and
rules by made and issued by the EU (Kinicki and Kreitner, 2012).
Other source of law Equity- It is another major important source of law which means the fairness and sense of
justice. In order to decide the cases, the judges interpret and apply various laws according
to the specific cases (Lieberman And et.al., 2016). With assistance of the equality, judges
can take the fair decision about the law and with help of this judge can provide relief to
the aggrieved parties and such decision perform the function of laying down rules for the
future.
 Delegated legislation- Delegated legislation is one of the major and big source of law
which essential to delegate some of its law making powers to the executive.
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The judicial process is a set of interrelated procedure and roles for deciding disputes by ab
authoritative person whose decision are regularly obeyed. The disputes are to be decided
according to a previously agreed upon set of procedures and in conformity with prescribed rules.
P2 Explanation about the role of government in the law making and how statutory and common
law is applied in the justice courts
In the country, while law and legislation makes then government plays a very crucial role
as they take the decision according to the needs and requirement of the citizen in the country. In
the context of parliament, it has major core three functions such as represents the citizens
interest, maintain and monitor the action and activities which played by government and to pass
and issued the law (Posner, 2014). In order to develop the law in the UK, promises being made
in the elections. Following are some stages which is taken in the process of preparation of law- Bill- It is one of the significant stage which is considered in the process of making of law
in the parliament. In this stage, Bill is significant aspect which starts by the lord or the
common chambers. In the UK, any bill either is passed by the lord and chamber starts
with the house of common. First reading- In the first stage of the law making in the parliament under which bills title
is simply read out in the chamber (Scholes, 2015). All member in the parliament have
available of this bill. The bill organised in the house of common and in this first reading
of the proposal. Second reading- In the second stages, bill in the house of lord passes to the next stage
without a vote. In this stage, debates can occurred in order to evaluate the viability and
feasibility of the bill and statement are made based upon the conclusion of the debate
conducted (Smith and Malloy, 2013). In this stage, in order to find the reliability and
viability, debates can occurs in the house and final decision of the law can take according
to the conclusion. Once the debate is over then voting process can conduct in the
parliament in order to take the decision that whether the bill should pass and issue in the
next phase in order to take the decision of law making. Committee stage- It is also very important stage under which bill is considered line by
line and by committees of MP's or Peer. In this stage member of the house of common
explains the detail information of the proposal in order to analyse and assess that whether
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it can be fulfilled the available requirement or not. On the basis of the detailed
examination, decision can made according to the requirement (Trademark Law and
Naming Your Business. 2017). Third reading- In this third stage, the house of the common represent the statement bill.
On the basis of this, voting can be conducted in order to assess the accept and reject the
bill in the house of common. House of lords- In this stage, it is great responsibility of the house of lord to review all
the bill so as it will be sent to again the house of common.
 Royal absent- This is another one of the major important stage in the making of law in
the parliament under which bill will be passed and get converted in the law. It is the stage
which is decided that bill will be passed and will be rejected by the house of parliament.
The doctrine of precedent is one of the most fundamental constituent of English legal system.
The doctrine of precedent means that the following of the legal principle made by the higher
court and the court of appeal in prior cases. In the house of lord or the court of appeal make
the decision in the higher court then it is come to binding precedent that the lower court have
to follow in the future cases as regards to share similar facts.
TASK 2
P3 Potential impact of the law on the various business case scenario
1. Collin and David’s step and other legal considerations to be taken care of by them
In the market, there is already exists the name of any organisation then no other entity can set the
similar name of its organisation. Thus, it can be said that there is a restriction to use the name of
any organisation if that name of the company is already exist in the market. While any
organisation issued its name of the entity then organisation have to follow the guidelines under
companies act 2006. In this guideline, there are various kinds of rules and regulation are included
which are ads follows-
 No business entity can use misleading information related to the functioning of business.
No misleading information can user at the time of deciding the name of the organisation.
In addition to this, the name should not hurt to any community and any other organisation
in the country. The name of the company should have carried some sensitive information
about it (Trademark Law and Naming Your Business. 2017).
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 At the time of registration process, all information related to the name and its functioning
must be made clear and in specific manner so as every one can easily understand.
 It is also very important that no business enterprise can adopt the name which is already
exist in the UK market.
 The information which is used by the entity for its name and function should not harm to
any other entity or any community in the country.
As per the discussion it has been analysed that there are various kinds of rules and regulation for
the company and it can lead to the violation of the law.
Process of registration of the company
In the first stage, company have to select either it is private limited or public limited.
In the second stage, business unit requires to acquire director identification numbers.
In the third stage apply for the company to be registered. Apart from that company is required to
fill the form, prepare the documents and submission of the documents, payment of registration
fees and obtaining certificate of incorporation.
Rights carried by Sophia for employment in the firm
While any employees working in the company then it is very important for the organisation to
consider all rights and precise of employees and also focus on the various aspect before
dismissing employees from the employment contract. There are various kinds of the regulation
and policies which is developed by the government for the organisation. Major dismissal rules
are as follows-
 If any employees are not following the rules, standard and norm which is developed by
the management on the company then company have right to dismiss the personnels from
his employment (Haigh, 2015).
 If any employee are capable and competent to perform his roles, responsibility and duty
but due to some circumstances they are not ready to do it then in this situation employer have
right to dismissal that particular employee from his employment.
In addition to this, it has also been found that there are major three kinds of misconduct that is
misconduct, serious misconduct and gross misconduct. Furthermore, dismissal can be performed
in three types which are as follows-
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 Wrongful dismissal- In an organisation the dismissal can wrong of the personnel while
employer is not give adequate time to serve the notice and terminate that personnels
without any prior notice.
 Fair and unfair dismissal- Unfair dismissal is the reason by which employees has been
dismissed due to the some reason. The dismissal can fair and unfair and it is largely
depends upon the organisational process of dismissing the employees (MacCormick,
Summers and Goodhart, 2016).
 Constructive dismissal- It is different kind of dismissal under which organisation or
employer can forced to the employees for give the resign. The reason of the resign can
made by the employer itself and it can be breach in the agreement from the side of
employer.
As per the given scenario, Sophia was involved in the fake medical certificate and she was not
followed the company policies and timing hours policies also. Most of the time she was absent at
the workplace that is why her employer has dismissal her without gave any notice period. Thus,
it can be said that Sophia was involved in the process of misconduct and she was dismissal
without any giving notice period. Company have not taken the proper investigation as she
involved in the wrong documentation and also she did not follow the company policies, standard
and law etc. In this case, company have right to dismissal Sophia.
2. Legal advice regarding Mrs. Carter contract with AD Motors
While two or more than two parties involved in the contract then there are some terms
and condition involved which have to followed by parties. If any parties does not follow
that terms and condition then that contract can be null and void.In the given scenario, AD
motor is the motor organisation who repair and sale the auto mobile (Qi, Roth and Wald,
2017). Mrs Carter came into the contract with AD motor because Mrs Carter required to
get the service of his vehicle and wanted to change some damaged parts. Mrs Carter said
to the motor company that all new part in the vehicle should be branded and new but
Motor company has put the duplicate part in the vehicle. While Mrs Carter have
acknowledged then he was forfeited for the payment from the AD motor. In this case,
Mrs carter have right to sue in the court for get payment and remedies from the AD motor
company. In this case, implied term of contract can apply such as Smith and Hughes. It is
a English contract law case which set out his classic statement of the objective
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interpretations of the people conduct when entering into a contract. With assistance of the
breach of contract, parties can get the settlement payment. With assistance of the breach
of contract, innocent party can get the right to get payment.
Structure of court
The federal judiciary operates separately from the executive and legislative branches. The
supreme court is one of the highest court in the US. If any appellate court makes an error or if the
parties think the law as it stands is unjust then they can appeal from the supreme court. Another
court is trail court under which two part that is criminal and civil.
Salman V Asaloman and co ltd is the basic tenet on which company law is premised. Salomon
transferred his business of boot making, initially run as a sole proprietorship, to a company
(Salomon Ltd.), incorporated with members comprising himself and his family. The price for
such transfer was paid to Salomon by way of shares, and debentures having a floating charge
(security against debt) on the assets of the company. Later, when the company's business failed
and it went into liquidation, Salomon's right of recovery (secured through floating charge)
against the debentures stood prior to the claims of unsecured creditors, who would, thus, have
recovered nothing from the liquidation proceeds.
P4 Legal solution to vocational scenario
While two or more than two parties involved in the contract then there are some terms
and condition involved which have to followed by parties. If any parties does not follow that
terms and condition then that contract can be null and void (Zhu and Zhu, 2016). With assistance
of the breach of contract, parties can get the settlement payment. With assistance of the breach of
contract, innocent party can get the right to get payment. As per the given case scenario, PHB
limited is a construction company which design and build the building. Mr Smith have give the
contract of building his building to PHB limited. Smith have terminated the contract of
construction work after completing 60% of that work. In addition to this it has also found that Mr
Smith completed the construction by the leftover material. In this case, there is not any right of
the construction party to claim over the material. In addition to this, also no rights of the material
will be transferred to PHB limited and Mr Smith will not be penalised. In this case, breach of
contract and various element of the law can help to the both parties. In a simple word it can be
said that as per the law anyone is cheated and fraud by some one then they have right to claim
against the person. They have also right to get remedies from that person so it can be said that its
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every important to understand the various practices and law of the countries through which they
can get their protection and rights.
P5 Justification to the answer for PHB Ltd and Busy bees scenario
In the case of the PHB limited Mr Smith have give the contract of building his building to
PHB limited. Mr Smith have terminated the contract of construction work after completing 60%
of that work. In addition to this it has also found that Mr Smith completed the construction by the
leftover material. In this case there is not had any right of the PHB due to the breach ion the
contract in between. In addition to this, PHB limited holds no rights on the assurance of legal
lefter to Mr Smith. Thus, it can be said that in this case, application of breach of contract because
with help of various element of the valid contract and breach of contract, both parties have some
rights and precise which have been given by the government in order to get remedies and help. In
this case, there is not any right of the construction party to claim over the material. Thus, it can
be said that while breach of contract made among the tow party then construction company have
no right to sue against the Mr Smith. Performance of the contract Cutler v Powel is an english
contract law case concerning substantial perform performace of a contract.
P6 Legal rights of AFG Oil Company
Arbitration is very essential and important method for take effective solution of disputes
and conflicts among the parties. It is very helpful method under which parties can avoid the
situation of the long procedure of court. In order to solve the issue and cases, people takes the
help from court but arbitration is one of the essential method under which no need to go to court.
Furthermore, with help of this process, people can save their brand image from spoliation. In
order to find the solution of issue, arbitrator is hired who is responsible for hear both sides and
take the decision accordingly. Arbitrator can take the judgement and decision is trusted by both
parties. If the disputes is not satisfied then they can head to the court.
In the given case of AFG it has appointed the arbitrator in order to solve the issue and disputes of
both parties. With assistance of the Arbitrator both parties can take the decision and resolve their
conflict and disputes. With help of this method, both parties can escape from the long procedure
of the court. Furthermore, they can take the final decision in the fastest manner.
An institutional arbitration is one in which a specialised institution intervenes and takes
on the role of administering the arbitration process. Every institution have its own set of rules
which provide a framework for the arbitration, and its own form of administration to assist in the
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process The major benefit of this institutional arbitration is that it provides a secretariat or court
of arbitration. It assistance in encouraging reluctant parties to proceed with arbitration and it is an
established formate with a proven record. On the other hand ad hoc arbitration is one which is
not administered by an institution such as the ICC, LCIA and DIAC or DIFC. A well structured
ad hoc arbitration should be more cost effective and therefore better suited to smaller claim and
less wealthy parties.THe major advanthge of the ad hoc process is its flexibility.
CONCLUSION
From this entire report it has been concluded that Business law is very essential and
significant for both employer as well as employees. With aid of this legislation, law and policies
company can get effective protection and security in its business operation. It has been also
concluded that While any employees working in the company then it is very important for the
organisation to consider all rights and precise of employees and also focus on the various aspect
before dismissing employees from the employment contract. It has been also concluded that It is
also very important that no business enterprise can adopt the name which is already exist in the
UK market. In addition to this, the information which is used by the entity for its name and
function should not harm to any other entity or any community in the country.
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REFERENCES
Books and journals
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Coffee Jr, J. C., Sale, H. and Henderson, M. T., 2015. Securities regulation: Cases and materials.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Folsom, R. H. And et.al., 2012. International business transactions: a problem-oriented
coursebook. ThomsonReuters.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Lieberman, J. And et.al., 2016. Business law and the legal environment.
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Scholes, M. S., 2015. Taxes and business strategy. Prentice Hall.
Smith, J. and Malloy, R. ., 2013. Real Estate Transactions: Problems, Cases, and Materials.
Wolters Kluwer Law & Business.
Haag, K. and Sund, L. G., 2016. Divorce in the family business: unfolding the legal problems by
learning from practice. Journal of Family Business Management.6(1). pp.81-96.
Haigh, R., 2015. Legal English. Routledge.
MacCormick, D. N., Summers, R. S. and Goodhart, A. L. eds., 2016. Interpreting precedents: a
comparative study. Routledge.
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.
Zhu, Z. G. and Zhu, W. Z., 2016. A Historic View of the US Business Ethical Laws and
Implications for Developing Countries like China. Review of European Studies.8(3). p.49.
Online
Trademark Law and Naming Your Business. 2017. [Online]. Available through <
http://www.dmlp.org/legal-guide/trademark-law-and-naming-your-business>.
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