Business Law Report: Business Law and Legal Solutions for Business

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This report analyzes business law, focusing on the English legal system and its various sources, including common law, EU law, statutes, and civil law. It examines the role of the government in law-making, detailing the stages of bill development and the application of statutory and commercial laws. The report further illustrates the impact of employment and contract law on businesses, specifically referencing the Employment Contract Act 2008 and the Contract Act 1990, along with their implications on business operations. It also explores solutions for various business problems, such as becoming a registered company, and discusses alternative dispute resolution processes, providing justifications for the use of legal solutions. The report provides a comprehensive overview of business law principles and their practical application within the context of the case study, Business Futures Ltd.
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Business law
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TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1Nature of English legal system and different sources of law that organization needs to
comply with............................................................................................................................1
P2 Role of government in law making and application of statutory and common law applied
in court....................................................................................................................................3
TASK 2............................................................................................................................................4
P3 Illustrate how employment and contractual law have potential impact on business........4
TASK 3............................................................................................................................................5
P4 Appropriate solutions for range of business problems......................................................5
P5 Justifications for the use of legal solutions.......................................................................6
TASK 4............................................................................................................................................7
P6 Alternative dispute resolution process..............................................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9
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INTRODUCTION
Business laws are analysed as commercial law and refers to the laws which governs the
dealings between people and commercial matters. It usually establishes in brief a statutory
provision within in the transfer of property, rights and duties of buyers and different legal
regulations. Present report is based on analysis of case study of Business futures Ltd which is a
firm of business consultants (Dowdle, 2017). As Apprenticeship for organisation, there are
various important sources of law have been discussed along with nature of English legal system.
Further, role of government in making laws are also analysed and the application of statutory and
common law in court. In addition, ways through which employment and contractual law have
potential influence on business are also evaluated to determine various solution for the range of
business problems and their justifications. At last, legal solutions based on country legal system
have been determined in this report.
TASK 1
P1Nature of English legal system and different sources of law that organization needs to comply
with
English legal system is analysed as statutory legal framework that usually involves
criminal as well as civil legislation which are applied in the England and Wales. There are
various specific parts or branches of English legal system in the form of courts and framework
which helps in resolving problems and cases claimed by individuals of country. Moreover, Civil
law provides consideration to court of appeal and justice. It is stated that UK does posses a
separate legal systems which is developed by past leaders and politicians, unions who have
established and improved it as an independent country effectively and efficiently (O’Carroll and
et.al., 2016). Along with this, presently three important legal systems are there are applicable in
UK in their particular geographical area. Moreover, common law has been managed and
controlled by present judges. In this case, Country pine is a company that manufacturers and
assemble pine furniture owned by two brothers. For expansion of business of there are various
legal rules that needs to be considered by organisation. As Apprenticeship of business future Ltd,
various important sources of laws are mentioned above:
Common law: It is analysed as body of unwritten laws which are based on precedents
formulated by courts. Common laws influences the processes of making decisions in
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novel cases where the outcome cannot be determined on the basis of existing statutes. In
order to resolve cases, judgements of courts are based previously occurred common laws
by local people effectively. Moreover, Country pine also needs to consider these
regulations while expansion of its business operations and to deal with customers.
Law from EU: These are considered as common legal regulations and provisions which
are made by European courts and followed by countries. These are associated with the
regulations and rules which are followed by businesses in their operational activities
within international and European markets. Laws made by EU court such as employment
act, trade union and regulation for import and exports of goods are needs to be followed
by Country pine in expansion of business operations.
Statutes: As per findings, statutes are utilized for development of laws by parliament of
UK. These statutes are small forms of laws which are made by parliament for
development of laws on particular issues (Ormazabal and Puga-Leal, 2016). Drafts and
proposal of bills have been to parliament first, further they will be sent for getting royals
assent in order to pass the bill and getting approval. Employment rights act 1996 is main
part of statutory law.
Civil law: These important laws have been made for the people living in UK for
identification of discrimination and wrong commitment made by any firm. There are
various civil laws have been formulated by government in English legal system which are
used to manage the cases having less than £25000 and analysis of damages less than
£50000.
Legislations: Most important source of laws which are created by legislatures and also
considered as important part of act based on UK parliament. In English legal system,
there are two main houses, such as House of lords and house of commons. There are 650
members involved in house of common and each one defines a geographic constituency
effectively.
There are various parties involves in making and governing law.
Solicitors: These are identified as law professionals which traditionally deals with the most of
legal matters in some jurisdictions. These persons have expertise in dealing with different kinds
of cases such as criminal, family law cases, business cases etc.
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Judges: It implies to retired judges of court which also undertake the general aspects of
providing legal advice and conducting legal proceedings etc.
Regional laws firms: These offices are established by government in different regions of
country in order to provide support to people and organisation in getting legal advice. Various
solicitors and barristers are appointed by government in these regional offices.
P2 Role of government in law making and application of statutory and common law applied in
court.
Study provide understanding that business needs to adopt all the rules and regulations
developed by government in order to create an effective application of statutory legal provisions.
These are also made for the purpose of resolving business issues and conflicts among the
business, societies and the customers. Further, it also determines of managing statutory laws as
under a reform observation. There are various statutory legal documents developed by
government is considered as provisions and bills. Moreover, the processes are known as
statutory legal documents which are considered as government provisions and bills. In this
context, Country pine needs to expand business operations in different countries and requires
advice on legal provision that needs to be followed by government. There are various stage of
developing laws have also been discussed.
First reading: At initial stage, bill is presented in parliament first in order to provide permission
and the processes that begins with the house of commons, this will act as a proposal of bill ( de
Silva, 2017). All the MPs will consider the bill in first readings when it is presented by
government representative in parliament.
Second reading: At this stage, information, purpose and provisions which are made to resolve
issues have been discussed with Mps and peers. If some situation or controversy occurs then bill
is passed to house of lords without making any kind of voting process. This stage is also
considered discussion stage in which government of UK determined laws and their impact on
people in local communities (Iantaffi and Barker, 2017).
Committee stage: In this context, bill will further move forwards to house of lords for
discussion and identification of changes which are required to be done in provisions and
transformation of bill. After discussion, changes have been identified on the basis of voting.
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Report stage: At this stage, changes which are made have been reported to the parliament
members and they also provide relevant suggestions and opinion on bill. MPs who are not
present in previous will also provide their suggestions on bill to make further alterations.
Third readings: Debate as well as discussion on bill will be done by MPs and peers of
government in order to determined the changes which are done after previous discussion. This
stage is essential for determination of influence of law on communities and final submission of
bill.
Stage of approval: This stage involves process of acceptance which is required to be taken by
government both houses. The bill approved by one chamber will pass to another chamber for
getting acceptance. Further, legal document after getting approval of both houses will be
transferred to queen for getting royals assent.
Conversion: At this stage, bill presented to queen and minister for their consideration. Bill after
getting royal assent will be converted in to law. Government then developed a legal document to
provide information about newly formulated laws to the people.
Application of statutory and commercial laws:
Public and private bill helps government to apply statutory laws in terms of act or law.
Law enactment is made by government in order to manage and control operational activities. In
addition to this, commercial laws are applicable for two or more than two businesses, customers
and nation effectively. Sales and Goods act 1979; Companies Act and Employment Rights Act
such are applicable for businesses.
The Country pine should manage all the rules and regulations in order to manage and
control different business operational activities to increase profits and production.
TASK 2
P3 Illustrate how employment and contractual law have potential impact on business.
There are various legal provisions have been made by government which needs to be
followed by organisation for sustaining business operations. There are various important acts
have been developed by parliament and government to maintain sovereignty and control on
business firms in UK. Below given are the two important act which have their influence on
business operations.
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The employment contract act 2008: Findings of research provides clear understanding that It is
an act parliament which involves various provision and rules related to labour laws. The main
purpose and responsibilities of law is for economic stability of inflation and unemployment on to
the federal government (Moore and et.al., 2017). Employment act helps the employees through
delegation of employment opportunities with an aim of getting satisfaction and loyalty. For
example: Country pine has needs to follow this act and also protects rights of employees at
workplace. Discrimination act and equality act are also important part of employment rights act.
No discrimination should be done with employees at workplace on the basis of race, gender,
religion and nationality. This act provides legal obligation on Country pine to deliver fair
remuneration, welfare facilities, leaves and rights of participation in business activities.
Contract act 1990: This act involves obligations and qualifications which are required to
develop a contract. For an example: this will provide support in development of workers in order
to claim against any types of discrimination. It clearly determines abilities and qualification
requires in company to form a contract. This will help workers in country pine in order to claim
damages against any kind of discrimination.
Along with this, there are various important impact of laws on business such as health
and safety act 1974, equality act 2010, compensation act 1897 and harassment act 1997. Further,
it involves safe and effective use of dangerous or harmful equipments and machineries at
workplace. Provide safety and security towards the harassment and getting equal opportunities at
workplace for selection of pre employment phase. In this, legal regulation are effective things for
business in order to run operational business activities adequately. This will provide workers to
secure their rights which helps in increasing profits and productivity.
TASK 3
P4 Appropriate solutions for range of business problems.
From findings, it can be said that CP should work in order to become a registered
company in order to increase sales and profitability. It is also analysed that Kevin Johnson is
presently CEO of organisation managing and effective controlling activities (Ormazabal and
Puga-Leal, 2016). Organization will follow all the rules and regulation related to operational
activities and regulation in order to become a registered company because it helps to raise the
capital and production. Moreover, directors of businesses are also responsible for management
of business activities at workplace.
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As per analysis, company act will provide support in improving and solving various kinds of
issues. Issues such as lack of financial resources, decline in growth, conflicts with customers and
suppliers etc. This will also improve overall working environment in CP. The company's act has
also ensured this equilibrium of power of obligation is kept up to the most payment to the stock
holders and ensure corporate administration to the maximal extent accomplished.
This will also provide support in utilizing both the penal and regulative measures, including
various functions in order to ensure the corporate culture of business which is also going
effective with the legal holiness effectively. Further, this will also provide support to business
in accomplishment of desired goals and objectives. Corporate governance also provide support I
order creating awareness towards director and duties. This will provide support in overall
growth and development of CP in respect of workers and managing directors as well as the board
members.
P5 Justifications for the use of legal solutions
This important act will provide support in the concept of effective and modest mobility.
This act was mainly established in the year 1866 for regulation of Enrolment, wind up and
standard of all the small business enterprise effectively (Mann and Roberts, 2011). There are
various roles and responsibilities of director in CP such as controlling, providing guidance,
identification of problems and providing solutions for resolving those problems, financial
analysis and development of strategies etc. As per companies act, director is required to be
appointed by organisation in general assembly. It has provided that they have been assigned
director identification number. Further, there are some roles and responsibilities of directors are
mentioned above:
Directors needs to promote and protect level of stakeholder in business operations.
Responsible for monitoring the actions and impact of these actions will affect business
relationships.
Further, duties to provide understanding to each member in enterprise for collecting
future outcomes along with extent level of businesses.
It is also responsible for management and resolving issues and conflicts between
members and also other committees which supports in order to improve operations
business activities and effectiveness (Scholes, 2015).
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Director of Country pine are also responsible for development of strategies and business
operations which tends to ensure success in business operations.
Political, environmental, social and economic factors are need to be managed by
directors through development and implementation of effective business policies. It
helps to make sure that adequate to intentional projects will be held.
The major emphasis of director will be on financial activities which helps in increasing
working capital for expansion of business activities of CP.
In this context, resolution of conflict and problems between organisation and suppliers
can be resolved by using method of negotiation and mediation (Stemler, 2013). In accordance
with this, after making registration, Board of directors and employees must need to follow all the
rules and legislation which have been formulated by authorities for regulation of business
effectively. Moreover, the cost of registered is to raise the capital in specific duration of three
months and on last date, subscription will be made according to law Moreover, additional capital
needs to borrowed from financial institution, bank loan and angel investors. Directors are also
responsible for session of practice in order to judge the case within country pine.
TASK 4
P6 Alternative dispute resolution process
Alternative dispute resolution is analysed as effective structure or process which is
important for parties involved in conflict to resolve issues, conflicts and problems appropriately.
However, government also provides supports this method because it helps in resolution of
conflict effectively without any legal proceeding. It also assists in reduction of opportunities to
make the claims within court for saving the time (King and Raja, 2013). ADR also helps in
formulation of relationship among two major parties for analysing and resolving their issues as
well as conflicts. In this context, there are various important legal problems which have been
effectively managed by organisation to sustain their business in competitive market.
Conciliation and mediation: mediation and conciliation are two important and easy to
utilize. These methods involve third party intervention which helps in resolving conflicts.
Mediator and Conciliation officer are considered as third party which are involved in this
process and appointed by disputants parties (Nichols, 2012). Third party provide
suggestions for resolution of conflict which helps to increase problems.
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Adjudication: It is also based on written documents that was provided by both the parties
and it also helps in determination issues and disputes. These are also less formal than the
arbitration and focus in on main areas of causing problems effectively.
Arbitration: It is also statutory method which is suggested by court to the parties for
resolution of conflict. It also helps in determining issues and conflicts which helps in
resolving the paper evidences (Forsyth, 2012). It also involves intervention of third party
which is bind that decision which made by him or in last resolution for business
enterprise. This method is mainly responsible for considering the view points of both
parties in disputes in order to provide valid judgement. Arbitrator consider view and legal
evidence of both the parties and after analysis it will provide his judgement to court
which is bound for both the parties.
As per given scenario, country pine has imported their timber the country Poland which has
arrived in the form of flat backs. Further, there are some situations when the flat backs contains
problems effectively. According to legal solution, polish suppliers should refund the amount to
parties for resolving their issues and disputes through managing an arbitrator. This is required to
be accomplished by both the parties for resolution of conflicts without any proceedings.
CONCLUSION
From this report, it is concluded that legal regulation and provision plays important roles
in regulation of business effectively. English legal system is analysed as statutory legal
framework that usually involves criminal as well as civil legislation which are applied in the
England and Wales. Moreover, statutory legal documents are considered as bill. The Country
pine must follow all the rules and regulations for managing and controlling different business
operational activities to increase profits.
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REFERENCES
Books and Journals
Forsyth, A., 2012. Workplace conflict resolution in Australia: The dominance of the public
dispute resolution framework and the limited role of ADR. The International Journal of
Human Resource Management. 23(3). pp.476-494.
de Silva, C., 2017. Alix Adams, Law for business students Ewan MacIntyre, Business law. The
Law Teacher. 51(4). pp.527-529.
Dowdle, M. W., 2017. Public accountability: conceptual, historical, and epistemic mappings (p.
197). ANU Press.
Iantaffi, A. and Barker, M. J., 2017. How to Understand Your Gender: A Practical Guide for
Exploring who You are. Jessica Kingsley Publishers.
King, N.J. and Raja, V.T., 2013. What do they really know about me in the cloud? A
comparative law perspective on protecting privacy and security of sensitive consumer
data. American Business Law Journal, 50(2), pp.413-482.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Moore, D. W. and et.al., 2017. Application of ecosystem services in natural resource
management decision making. Integrated environmental assessment and management.
13(1). pp.74-84.
Nichols, P.M., 2012. The business case for complying with bribery laws. American Business
Law Journal. 49(2). pp.325-368.
O’Carroll, R. E. and et.al., 2016. Anticipated regret and organ donor registration: A randomized
controlled trial. Health Psychology. 35(11). p.1169.
Ormazabal, M. and Puga-Leal, R., 2016. An exploratory study of UK companies' taxonomy
based on environmental drivers. Journal of Cleaner Production. 133. pp.479-486.
Ormazabal, M. and Puga-Leal, R., 2016. An exploratory study of UK companies' taxonomy
based on environmental drivers. Journal of Cleaner Production. 133. pp.479-486.
Scholes, M.S., 2015. Taxes and business strategy. Prentice Hall.
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Stemler, A.R., 2013. The JOBS Act and crowdfunding: Harnessing the power—and money—of
the masses. Business Horizons, 56(3), pp.271-275.
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