Business Law Report: Legal Solutions and Business Law Analysis

This report provides a comprehensive overview of business law, covering its sources, the role of government, and the application of statutory and common law to businesses. It differentiates between legislation, regulations, and standards, analyzing their potential impact on business operations. The report evaluates the UK legal system's effectiveness, exploring the legal formation of various business organizations, including the advantages and disadvantages of unincorporated and incorporated businesses. Furthermore, it delves into contract law, employment law, and company law, providing legal solutions to hypothetical scenarios and comparing the effectiveness of different legal recommendations. The report emphasizes the importance of understanding business law for effective business operations and highlights the dynamic nature of these laws in ensuring companies operate within corporate legal structures.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
PART 1............................................................................................................................................1
Sources of law.............................................................................................................................1
Role of government in law-making............................................................................................2
How statutory and common law is applied to businesses...........................................................3
Effectiveness of the legal system in terms of recent reforms and developments.......................3
Differentiate between legislation, regulations and standards to analyse potential impact upon
business.......................................................................................................................................4
Impact of different types of law..................................................................................................4
Provide a coherent and critical evaluation of the legal system and law.....................................5
Explain how different types of business organizations are legally formed...............................5
Advantages and disadvantages of unincorporated and incorporated business with its difference
between in terms of starting process...........................................................................................6
PART 2............................................................................................................................................7
Brief overview of Contract law, employment law, Company law, etc.......................................7
Salient legal points of each case..................................................................................................8
Suggest an appropriate legal solution to each of the problems;..................................................8
Provide justification for the advice and solution given...............................................................8
Compare & contrast the effectiveness of these recommendations given in your presentation...9
Critically and evaluate the use of the appropriate legal solutions suggested in comparison with
alternative legal advice................................................................................................................9
CONCLUSION..............................................................................................................................10

REFERENCES..............................................................................................................................11

INTRODUCTION
Business law involves all the laws that dictate an organisation to run their business
operations lawfully. It mainly include laws that duly governs an organisation to start, buy,
manage and close or sell entity (Kelly, Denoncourt and Hendy, 2020). All the laws that are
encompassed in business laws are essential for firms to abide. In this, all the form of
organisations or business owner are required to posses general understanding of business laws
that are essential for them to implement as to run their operations effectively. These laws are
having wider scope and a dynamic nature through which entities can effectively allow
themselves to conduct their operations within corporate legal structure. This report is mainly
segregated into two parts, in this first part include different types of sourcClarkson, K.W. and
Miller, R.L., 2020es of law along with government law in order to formulate numerous form of
laws. In addition to this, report also include funding and management of business organisation.
Second part of report include legal solutions according to given situations.
MAIN BODY
PART 1
Sources of law
Laws acts as an essential element and play crucial role in a society as to keep balance
between law and order within society (Clarkson and Miller, 2020). These laws are mainly
developed via sources that acts as basic ingredient of laws mainly. Mentioned below some
certain form of sources are being defined:
Legislation:
This is an essential as important source of law, as it mainly involves parliament who hold
the key responsibility to pass law in United Kingdom. Along with this, it has been evaluated that
legislation is highest authority who is having significant and prime responsibility to form law in
United Kingdom provinces. House of Commons and House lords are two houses in which
discussion related to pass a law is being undertaken.
Common Law :
It is another most important source through which formulation of law can be duly
undertaken. They mainly include those form of judgements that are being passed in landmark
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cases. Further it has been evaluated that they provide a formative base to amend law that can
later get utilized in same or similar situation.
Law Commission:
They are basically a form of commission that are formulated as to provide suggestion
over any type of law that are having any kind of adverse impact upon society (Bovis, 2020).
With the help of this, evaluation of problems that are causing harm to general public due to any
law can be effectively evaluated. Main objective that as been hold by this sources is to make sure
that laws is being implemented in fair manner.
Role of government in law-making
In United Kingdom parliament plays crucial role or authority, as they are holding most
important responsibility to effectively examine a bill via discussion that undertakes place in both
the houses i.e. House of Lords and House of Commons. In this a formative set of procedure is
being followed by parliament that are further being defined below:
Stages of law making
Bill:
This is a draft which is being duly formulated government. It is basically a detailed form of
explanations of main motive of law. Further it has been evaluated that bill are of three type
namely, public bill, private member bill and private bill.
First Reading : It is the initial stage in which bill is being only presented in parliament house.
Second Reading: In second stage detailed form of discussion is being undertaken upon
bill. Along with this, this stage also include voting upon presented bill with the help of Whip
system in order to gain members support for having majority.
Committee Stage: At this stage bill referred to House of Commons for the purpose of
detailed evaluation or examination. In addition to this stage also include need for amendment in
bill.
Report Stage: In this stage amendments as well as database is being undertaken upon
bill, it further presented among the houses in which debate and voting process in being being
duly executed again.
Third Reading: At this stage bill is being presented along with necessary or required
amendments. In this again process of voting is undertaken in order to accept or reject the bill.
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House of Lords: At this stage, it has been identified that bill after passing through
number of stages that are being duly defined above gets presented in House of Lords. In this any
changes or amendments if required are being undertaken, after this bill send back to House of
Commons.
Royal Ascent: It is one of the most important or essential stage of formation of law, as in
this bill gets duly presented among monarch as to grant further approval on bill. It is essential for
a bill to pass through this stage in order to become permanent (Chow and Schoenbaum, 2020). It
has been evaluated that power has been duly granted to him undertaken Royal Ascent Act 1961.
How statutory and common law is applied to businesses
Common and statuary law acts as crucial and essential laws and are required to be
effectively apply in accordance to their requirement and character. Further this has been
identified that both of these are important factor of laws. Mentioned below formative
explanations of these laws is being undertaken:
Common law:
Common laws are mainly defined as form of laws that are basically based on judgements
that judge of court passes for a particular case (Sanseverino, 2020). Further this has been
evaluated that they are mainly associated to case laws that are duly undertaken into
consideration. Further this has been determined that in this law judgements is being duly given
upon landmark cases. Along with this, this is being identified that judgement of cases can further
be used for the same or similar form of situation. It is mainly get presented in a the form of law
report that basically include all the essential and important factors of case.
Statutory law:
These laws are mainly strictly construed by courts. Strict construction means
that courts are generally not able to read between the liens of a statute in order to liberalize its
application. Further this has been evaluated that these law are being get passed by body of
legislature. In addition to this, this has been determined that statutory law are being formulated
by a country government and are permanent in nature. Statutory laws offer significant protection
to individuals legal rights.
Effectiveness of the legal system in terms of recent reforms and developments
United Kingdom is having one of the most effective form of legal system that gets duly
modified according to requirement, necessity and time. It has been evaluated that legal system
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within a country mainly handled by nation judiciary. In context to United Kingdom it has been
determined that hierarchy of court is holding highest form of court is Supreme court that hears all
the form of cases (Adno, 2020). Along with this, crime high court that are mainly segregated into
three different types, it include crown courts in which cases related of criminal matter get duly
discussed. In addition to this, court of appeal is having responsibility to deal hear cases related to
civil matter and at last family courts have authority to deal with cases that are mainly associated
marriage issues. In addition to this, magistrate courts have formative responsibility to effectively
deal with cases that gets passed from other lower courts. Thus, according to the discussion it has
been evaluated that legal system play most important and essential role for recent development
and reforms, as it has bee evaluated that legal system in United Kingdom is having many courts
those who are having different set of responsibilities and authority to resolve issues. Along with
this, legal system include many significant ways through which rights of individuals rights get
protected.
Differentiate between legislation, regulations and standards to analyse potential impact upon
business
Legislation:
Legislation include those laws that are being duly formulated via proper form of process.
It has been evaluated that legislations are essential rules that play key essential to role to
maintain order in society.
Regulations:
These are defined as instruction that are basically enforced in context to effectively deal
with administration law through which organisations can effectively perform their roles and
responsibilities. Regulations are required to get implied in permanent manner.
Standard:
They are mainly defined as set of guidelines that are being formulated by keeping
standards and legislations in mind (Anderson, 2020). With the help of this organisations can
effectively able to enhance organisational work culture effectiveness.
Impact of different types of law
There are various forms of laws as well as regulations that are essential for an
organisation to operate their operate their business under legal laws that will further provide
them assurance to conduct their business activities in a well defined and effective manner.
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Mentioned below there are some certain form of laws that are being defined below and have
significant impact upon operations of business.
Contract law:
In this, formative relationship between parties through legal process is being undertaken
which defined as contract law (Buckle and Thompson, 2020). With the help of this organisations
can operate their activities according to proper guidelines. It further aid entity to safeguard
themselves from being get caught in any penalty.
Law of Tort:
Tort is defined as a civil law that can further cause claimant harm or suffer that later
results in legal liability for an individual who undertook tortious act. In this, it is essential for an
organisation to ensure that they are operating their business operations according to law to ensure
their goodwill.
Copyright Law:
With the help of this law individuals right can be effectively ensured, in this if an
individual have created a work for the first time in marketplace can take advantage of this law
(Lidstone, 2020). With the assistance of this law organisation can ensure safety and security of
their essentials. Negligence of this law can lead entity to face many legal consequences and
penalties.
Employment law:
This has been enacted in order to ensure that organisation have maintained positive
relationship with their employees and provide them proper security and rights according to rules
and legislations. In addition to this, it has been evaluated that implementation of this law provide
number of advantages to a company through which they can effectively allow them to strengthen
efficiency of their workforce.
Provide a coherent and critical evaluation of the legal system and law
Legal system play crucial role for an entity, as it allow them to strengthen their
organisational functioning and activities efficiency. Legal system and law facilitate organisation
to conduct their business operations with having more stableness. It has been evaluated that UK
legal system is having complex form of elements that are required to be effectively understand
by organisations in order to safeguard themselves from being get caught into any legal penalty.
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Explain how different types of business organizations are legally formed
There are different type of business organisation those who are performing their roles and
responsibilities with having particular for form of disadvantage and advantage. In order to set up
their business in any business it is essential for an organisation to have proper and adequate
knowledge of every sector:
Sole proprietorship: In this segment, individual is sole responsible for profit and losses.
Along with this they have advantage to undertake decision by their own (Sivani, 2020). It has
been evaluated that sole proprietorship is mainly not a form of legal entity.
Partnership: In this two or more than individual came together to perform business
operations for a common objective. Within this partnership agreement is being duly signed by
partners in which are responsible for profit or losses according to their share holding.
Limited liability Company: In limited liability company (LLC) owners are not having
responsibilities for organisation liabilities and debts (Bernstein, 2020). In this it is essential for
owner to fill article or organisation in which it is important to mention duties, rights, liabilities,
power and any other kind of obligations of each and every LLC member.
Corporation: A corporation is mainly defined as group of individuals or entity those
who acts as single firm. Further it has been evaluated that they are mainly liable for business
finances and actions. In addition to this, it has been evaluated that organisation can source funds
from loans form:
1. Government and private financial institutions
2. Debentures and bonds
3. Issuing of shares etc.
Advantages and disadvantages of unincorporated and incorporated business with its difference
between in terms of starting process
Incorporate Organization:
Organisations within this sector are mainly allow individuals to come together form an
organisation and then undertake legal status separate from its member (Bernstein, 2020). Further
it has been evaluated that incorporated organisation is an inexpensive, voluntary and a simple
way to establish a legal entity.
Advantages:
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 One of the most important advantage of incorporate organisation is that, in this case can
be filed if there is any form of violation is being undertaken within organisation (Hay and
Eagle, 2020).
 Organisation has been provided with right of perpetual succession.
Disadvantage:
In this it is essential for an organisation to have many legal documents in order to get
registration.
Unincorporated Organization:
It is a form of organisation in which two or more individuals duly came together to
accomplish a common form of purpose. These types of organisations are mainly formed for non-
commercial purpose.
Advantages:
 Most important advantage that has been hold by unincorporated organisation is that they
are separate legal entity in which owners are not legally obliged for legal actions against
company.
 Organisations under this can effectively allow themselves to raise funds by selling shares.
Disadvantage:
 Business owners are legally liable for debt of entity.
 This form of organisation is not easily formed in partnership.
PART 2
Brief overview of Contract law, employment law, Company law, etc.
Contract law: Contract is termed as an agreement which is duly enforceable by law.
With the assistance contract law making as well as enforcing of agreements can be duly
undertaken. With proper and formative understanding of contact law entities can make contracts
effectively.
Employment law: These laws involves elements that regulate relationship between
employees and employers. With the formative assistance of employment law organisation can
perform their business operations in a lawful manner. In this they are required to implement
minimum wage, disciplinary procedures, hours worked, training and union rights, redundancy
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and dismissal, health and safety etc. in order to offer positive workplace environment to their
workers.
Company law: Company law governs organisations to perform their business operations
ethically and lawfully. Companies Act 2006 include formalities that are required to be obliged by
organisations in order to perform their business operations by concerning statute and common
law.
Salient legal points of each case
CASE 1: Gordon is a salesman in an Orage Computers Ltd and is having salary of
£10,000 and commission is 9%. Due to cut throat competition market got affected and Fred
informs Gordon about financial trouble. Requested to forgo salary for 2015, 2016 and 2017 only
commission is going to be given. In2016 economy grow and Gordon feels that he is able to get
wages for 2016. now he seeks top obtain wages for 2017 and claim for wages of 2016, 2015.
CASE 2: In this case Janet has decided to buy internet connection from Virgin Media. In
this case legal position of service provider and consumer on the basis of various elements of
contract.
CASE 3: This case discussion is to be done upon avoiding of compulsory winding up.
Suggest an appropriate legal solution to each of the problems;
CASE 1: In this employment law is being applied as within this Gordon has been entered
in a contact of employment with Fred . This duly make them to bound to pay necessary salary.
As it has been evaluated that according to case scenario a valid contact is being placed associated
to salary that was only limited to the condition. Thus in this Gordon can claim for wages of 2017
but not for 2015, 2016.
CASE 2: This case demonstrate that Virgin mobile has been duly entered in a contact
with Jenet as to offer services to her and install all associated things. Overall factors of contract
are basically exits in the form of legality, acceptance and consideration. Thus, according to case
evaluation it has been evaluated that virgin media acts as accepter and Janet is offerer.
CASE3: By evaluation this case this has been determined that winding up can be duly
stopped via reducing debts.
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Provide justification for the advice and solution given
In this, it has been evaluated that solutions over cases is mainly based upon company law,
contract law and employment law. These can be applied in accordance with mentioned scenario.
Compare & contrast the effectiveness of these recommendations given in your presentation
At first case parties can involve themselves into discussion as a negotiation, while on
second case with the assistance of meditation parties can mediate over case. If it is talked about
third in this arbitration can be implemented (Thompson, Foong and Ng, 2020).
Critically and evaluate the use of the appropriate legal solutions suggested in comparison with
alternative legal advice
It has been evaluated that these alternatives are required to be undertaken only when
issues does not get resolved via company law, employment law and company law. In that
situation negotiation, arbitration and meditation can be implemented to gain successful results.
CONCLUSION
As per the above mentioned report it has been concluded that business law is a special
form of law that applies to organisations and are being enforced by government of country and
are required to be effectively abide by entities in order to have access for equality and fairness.
Thus it is essential for entities to have adequate and proper understanding of legal aspects in
order to run their business operations with effectiveness. In addition to organisations are also
required to have proper documentations that are required to run their business in a legal manner.
With these entities can have access to many legal rights and benefits.
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REFERENCES
Books and Journals
Kelly, D., Hammer, R., Denoncourt, J. and Hendy, J., 2020. Business law. Routledge
Clarkson, K.W. and Miller, R.L., 2020. Business law: Text and cases. Cengage Learning.
Bovis, C., 2020. The law of EU public procurement. Oxford University Press (OUP).
Chow, D.C. and Schoenbaum, T.J., 2020. International business transactions: problems, cases,
and materials. Wolters Kluwer Law & Business.
Hay, R. and Eagle, L., 2020. Impact of integrated sustainability content into undergraduate
business education. International Journal of Sustainability in Higher Education.
Thompson, C.L., Kuah, A.T., Foong, R. and Ng, E.S., 2020. The development of emotional
intelligence, self‐efficacy, and locus of control in Master of Business Administration
students. Human Resource Development Quarterly, 31(1), pp.113-131.
Bernstein, A., 2020. Hastings Business Law Journal.
Armour, J. and Sako, M., 2020. AI-enabled business models in legal services: from traditional
law firms to next-generation law companies?. Journal of Professions and
Organization, 7(1), pp.27-46.
Malkawi, B.H., 2020. Business Law in a Nutshell.
FRAUD, I.H., SCOPE, I. and LAWS, A., 2020. WILLIAM & MARY BUSINESS LAW
REVIEW.
Lidstone, H.K., 2020. Business Law Litigators Should Know. Available at SSRN 2925440.
Anderson, R., 2020. Path Dependence, Information, and Contracting in Business Law and
Economics. Wisconsin Law Review, Forthcoming.
Adno, D., 2020. Business law: New laws passed to tackle illegal phoenix activity. LSJ: Law
Society of NSW Journal, (65), p.82.
Sanseverino, A., 2020. The Impact of Anti-Corruption Laws: Evidence from the UK Bribery
Act's Extraterritorial Reach.
QC, M.R.H., 2020. Dr Folarin Akinbami, Lecturer in Commercial Law in the School of Law,
Durham University, UK. Mr Andrew Campbell, Director, Ashridge Strategic Management,
Lon-don, UK (Doctoral dissertation, Google).
Sivani, K.M.S., 2020. Critical Analysis of the Effects of Regulations under Competition Law on
Mergers and Acquisitions: A Comparison of the India, EU, US and UK Laws. Journal of
Corporate Governance & International Business Law, 2(2).
Buckle, M. and Thompson, J., 2020. The UK financial system: Theory and Practice. Manchester
University Press.
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