Business Law Report: Analysis of Legal Solutions for Business Issues

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Business Law
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Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Sources of law........................................................................................................................1
P2 Role of government in law making........................................................................................2
TASK 2............................................................................................................................................3
P3 Influence of employment and contract law on business with the help of relevant examples 3
TASK 3............................................................................................................................................4
P4 Appropriate solutions for business issues..............................................................................4
P5 Justification for legal solutions..............................................................................................4
TASK 4............................................................................................................................................5
P6 Suggest country based legitimate solutions...........................................................................5
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8
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INTRODUCTION
Legal norms are a system of rules which is designed and framed by advisory bodies by
acquiring consent from necessary members such as; common people, general public, members of
parliament and so on. It means, enactment of useful act gone through a long process because
their main motive is to prevent community from cruel people and dangerous activities (Bagley,
2010) . Business Future Ltd. Is a consultancy firm which was established for promoting
corporate world by suggesting new start-ups for introducing creative ideas at marketplace. Thus,
Country Pine is well established sole trader organization and involved in manufacturing
qualitative furniture for their desired products so that they can establish their positive image at
marketplace. Therefore, in this present report main sources of laws and proper procedure of
designing norms are explained. Legal solutions which is given by legitimate groups for resolving
business problems are also outlined in this assignment.
TASK 1
P1 Sources of law
European norms are useful for entire society by implementing beneficial norms and
beliefs for facilitating consumers with best environment. Their main motive is to groom common
people by getting update them about necessary rights which is granted by governing bodies to
them. Apart from this, number of sources are identified through which legal bodies get enforced
to enact some legislation for resolving conflicting situations (Bodie, Kane and Marcus, 2014) .
Major sources of laws are described as follows:-ď‚· Case law:- UK is well known nation by having numerous of citizens living there for
distinct purposes. Amongst all some are native people, few are outsiders but with
numerous of motives such as; education, to spend their summer vacations, business
purposes and so on. It means, maximum range of travellers are coming with their
personal and professional reasons. As a result, number of activities are taking place from
which some are negative or fraudulent also. Thus, it may create problem for nation and
affects the peaceful environment of a society. For instance; instant rape case, harassment
are occurring at high level due to which legal bodies are involving in making separate
laws for women's for promoting their protection. Hence, occurrence of these kind of
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issues due to the arrival of outsiders enforce the higher authorities to amend emergency
bills to prevent society from fraudulent activities.
ď‚· Judges:- In tribunal Judges are going through various phases because number of
complicated cases are emerges due to the maximization of fraudulent activities. However,
their main role is to give correct judgement without creating any discrimination amongst
members. Few circumstances are create where Judges get enforced to create a new law
for handling the complicated situations. Thus, because of instant situations Judges are
getting enforced to amend particular laws (Crane and Matten, 2016) .
It means, number of elements are identified which plays a very eminent role in
overcoming societal issues by satisfying clients needs or requirements. Their main motive is to
uplift the society with the use of necessary laws or orders.
P2 Role of government in law making
Governing bodies are seen as mandatory aspects for whole world because they are liable
for number of roles and responsibilities such as; enactment of useful system of rules, regulations,
beliefs, preventing community from wrongful conducts henceforth. At the same time they are
also involved in converting particular purpose into certain bill for introducing it as a legal norm
at marketplace. But this activity is gone through a proper phase and steps in order to scrutinize
each or every stage in proper manner for regulating probabilities of mistakes (DiMatteo, 2010) .
Proper readings of enacting laws are described as follows:-ď‚· First reading:- Its time for presenting the bill at general public assembly in which first
reading of bill is taken place in front of house of commons. It is also known as a initiation
and notification stage.ď‚· Second readings:- In this phase overall bill or paper is read by members of parliament
for understanding in a depth. Therefore, an effective debate is going on for identifying its
hidden materials.ď‚· Committee stage:- Expert people is scrutinizing the bills which is passed by government
for further check in order to make effective decision. Specialist persons are either
solicitors or lawyers or various other legal person (Eren and et. al., 2012) .ď‚· Report phase:- By thoroughgoing the whole process member of parliament needs to
make an appropriate report by considering necessary facts or figures.
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ď‚· Third readings:- In this stage where Bill is represented in house of commons for re-
checking the entire matter whether it is beneficial or not. This, phase is necessary for
identifying any hidden problems or drawbacks before sending it to royal assent.
ď‚· Last stage:- At the end entire bill and paper work are sent to monarch for acquiring final
approval in order to make decision about whether the bill is amend or not.
It means above expressed process are considering by governing bodies to overcome
chances of mistakes as more or more scrutinizing process aids in understanding each or every
aspects.
TASK 2
P3 Influence of employment and contract law on business with the help of relevant examples
Country Pine is a well structured and established company but sole trader but having a
maximum amount of funds which make them differentiate from their competitors. Therefore,
consultancy firm are suggesting organization to expand their business across various regions to
gain maximum profits by introducing innovative ideas at marketplace. Along with this, cited
firm is adopting best opportunities to enhance their company performance such as; crating
effective connection with their staff members in order to attract them towards set objectives or
goals (Foss and Knudsen, 2013) . However, it shows that company is worrying about their future
due to which they are trying to reform their association in various manner. Additionally,
company needs to consider some necessary norms and beliefs to overcome business issues in
much suitable manner. For example; it has been understood that employment contract and
several agreement laws are having major impact on organizational performance. Staff members
are liable for controlling and regulating business activities for attaining their personal and
professional objectives in a defined tine frame. As per the given scenario of UBER taxi it has
been understood that company must give rights of staff members at workplace without exploiting
them they are seen as asset for corporate world. But in this scenario there is a case which is
occurred between Aslam V UBER because one employer of an enterprise is not offering
necessary facilities of subordinates due to which this problem was arises (Grundfest, 2010) .
By analysing this scenario it has been understood that manager of Country Pine needs to
focus on their employees services in order to make positive environment at workplace. Apart
from this, they need to offer necessary facilities such as; requisite to implement some of the
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certain acts like; minimum wage act, equal remuneration, health and safety henceforth. It means,
contract law and workers are playing vital role in protecting individuals from fraudulent
activities by controlling possibilities of frauds.
TASK 3
P4 Appropriate solutions for business issues
In given situation company is engaging transferring their business from sole trader to
limited company for acquiring more benefits by satisfying the requirements of clients. Country
Pine is involving in framing best plans or procedures for assisting enterprise towards corrective
path in order to gain maximum benefits (Johnson, 2013) . However, it has been observed that
limited associations and single entrepreneurship business are totally distinct from each other in
various aspects. An effective difference between both type of companies are explained as
underneath:-
Sole trader Limited company
ď‚· Main objective is to acquire maximum
amount of money by selling their
products.
ď‚· Very short term vision and mission.
ď‚· Profits are consumed by only owner.
ď‚· Liabilities are not shared with anyone.
ď‚· Employees are minimum (Sweet v
Parsley (1969, HL).
ď‚· Number of members are engaged while
launching this type of an organization
such as; investors, shareholders,
partners and so on.
ď‚· Liabilities and profits are totally
distributed between various parties.
ď‚· Maximum number of employees are
available at workplace because
company is having numerous of
branches.
ď‚· Long term vision and mission for
continuing their business for longer
period of time.
P5 Justification for legal solutions
All through the evaluation it has been broke down that transformation of sole merchant
into limited organization isn't a simple employment because of the contribution of different
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complex exercises (Kinicki and Kreitner, 2012). For instance; association of investors, changes
in enlisting process, boost of obligations and duties, nearness of high scope of representatives
henceforth. Fundamentally, legitimate bodies are proposing best choices to the administrators of
an endeavour by forcing various of worker enactment, for example, approach compensation act,
parallel compensation act, buyer security act from now on. Aside from this, Country Pine is
procuring one legitimate operator for seeing each or each part of lawful terms for controlling
probabilities of mix-ups and blunders. Truth be told, appropriate devices are utilized for
lessening association clashes, for example, intervention, discretion and arrangement and so forth
(Ye and et. al., 2011).
Aside from this, number of conditions are distinguished which demonstrates that given
legitimate arrangements are very proper for organization achievement and improvement. For
example; chiefs of referred to firm doesn't know about the important terms and states of real
bodies which may make issue for association while settling unmistakable circumstances. Hence,
contracted operator is utilized by affiliation when they are not seeing any term of enactment.
Subsequently, given arrangements is particularly suitable for organization achievement since it
might decrease the dangerous circumstances from working environment in a characterized time
period (Royal College of Nursing v DHSS (1981, HL) . Furthermore, ADR is additionally
observed as suitable strategy for making positive relations with residential and in addition
outside customers on the grounds that these strategies are utilized by big business in a few little
issues like – disarray between staff individuals get cleared with arrangement process. Then
again, if investors are occupied with conflicts then mediation is utilized by Country Pine for
diminishing proficient issues in best way (Pepper v Hart (1993, HL).
TASK 4
P6 Suggest country based legitimate solutions
Country Pine is going through major problem while supplying their products across the
global marketplace such as; conflicts between several stakeholders. According to given case
study company is involving in supplying goods to Poland for gaining maximum benefits but at
that time they are going through major conflicting situations. As a result their existing contact get
affected in various manner (Fisher v Bell (1961) . Therefore, it is essential for company to adopt
an effective method for reducing business problem such as; ADR which is most suitable tool in
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legal terms. ADR consist of three major methods which plays a very useful role in facilitating
organization in various situations that will not easy to solve in a minimum time period.
Description of three methods of ADR are described as follows:-
ď‚· Arbitration:- Recruiting of legal agents are necessary for understanding each or every
aspects in best manner by considering legitimate terms and conditions. As per this
method Country Pine can easily resolve their issues which is emerging with Poland
suppliers with the help of legal members. Basically, any agent or legitimate person can
get aware about the each or every aspect of terms that is indispensable for understanding
matters in more detail sense. Beside this, number of multinational companies are using
this strategy for overcoming their problem in minimum time frame (Adler v George
(1964) .
ď‚· Mediation:- If an enterprise is transferring this obligation to some other individual of
organization with a specific end goal to go about as arbiter between two of individuals is
known as intervention strategy. Fundamentally, in this procedure parties which are
involved in conflicts are passing their messages to arbiter for clearing all the shrouded
components. This apparatus is received by each kind of association either little or vast for
lessening any further business issues. A standout amongst the most invaluable component
of this apparatus is that there is non-appearance of any extra charges which helps in
controlling costs. That is to say, Country have a noteworthy alternative for settling
clashing circumstances in a base cost.
ď‚· Negotiation:- According to this segment gatherings or individuals whomsoever are
including in expert and individual debate then they may come nearer to each other
keeping in mind the end goal to clear their questions without anyone else (Smith v
Hughes (1960) . Indeed, it is profoundly advantageous for private company in light of the
fact that there is non-appearance of any third part because of conceivable outcomes of
perplexity consequently get evacuated. Most cheap technique for an association in light
of the fact that no other individual is engaged with peaceful settlements.
As per the above information of ADR methods it has been understood that company
needs to follow
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CONCLUSION
From the above assignment it has been concluded that advisory bodies are mandatory
part of a nation because all the major norms, beliefs, rules and regulations are enact by them only
for controlling wrongful conducts from overall country. Their main objective is to prevent
overall nation by enacting useful laws as well as create peaceful environment by maintaining a
healthy relations with clients. Hence, it has been understood that company is engaging in
establishing their new branches at marketplace by launching creative products as well as
facilitate consumer with new trends. Apart from this, ADR is also explained in this report for
suggesting company towards correct path in order to acquire maximum benefits by fulfilling the
requirements of whole community. At the end of the project one thing is determined that benefits
of an enterprise is only possible if they can consider employment acts because business
operations are executed by them.
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REFERENCES
Books and Journals
Bagley, C.E., 2010. What's Law Got to Do With It?: Integrating Law and Strategy. American
Business Law Journal. 47(4). pp.587-639.
Bodie, Z., Kane, A. and Marcus, A.J., 2014. Investments, 10e. McGraw-Hill Education.
Crane, A and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
DiMatteo, L.A., 2010. Strategic contracting: contract law as a source of competitive advantage.
American Business Law Journal. 47(4). pp.727-794.
Eren, S.S and et. al., 2012. Caching message fragments during real-time messaging
conversations. U.S. Patent 8,255,473.
Foss, N.J and Knudsen, C. eds., 2013. Towards a competence theory of the firm (Vol. 2).
Routledge.
Grundfest, J.A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law. The Business Lawyer, pp.361-394.
Johnson, L., 2013. Unsettledness Delaware Corporate Law: Business Judgment Rule, Corporate
Purpose. Del. J. Corp. L., 38, p.405.
Kinicki, A and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.Swartz, L.B., Cole, M.T and Shelley, D.J., 2010.
Instructor satisfaction with teaching business law: Online vs. onground. International
Journal of Information and Communication Technology Education (IJICTE). 6(1),
pp.1-16.
Ye, Q and et. al., 2011. The influence of user-generated content on traveler behavior: An
empirical investigation on the effects of e-word-of-mouth to hotel online bookings.
Computers in Human Behavior. 27(2). pp.634-639.
Alix Adams Books
Pepper v Hart (1993, HL)
Fisher v Bell (1961)
Adler v George (1964)
Smith v Hughes (1960)
Royal College of Nursing v DHSS (1981, HL)
Sweet v Parsley (1969, HL)
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