Business Law Report: UK Business Law, Disputes and Solutions

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This report provides a comprehensive overview of UK business law, examining its sources, the role of government in lawmaking, and the application of statutory and common law. It evaluates the effectiveness of the legal system, highlighting recent reforms and developments. The report illustrates the impact of company, employment, and contract law on businesses, differentiating between legislation, regulations, and standards. It further explores the legal formation and management of different business organizations, including sole proprietorships and partnerships, and analyzes their advantages and disadvantages. The report concludes by recommending legal solutions for resolving disputes, offering advice on wage claims and contract law scenarios, and evaluating the effectiveness of legal support for dispute resolution.
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Business Law
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Table of Contents
INTRODUCTION ..........................................................................................................................4
MAIN BODY...................................................................................................................................4
PART1.............................................................................................................................................4
Explain different sources of law................................................................................................4
Explain the role of government in lawmaking ..........................................................................5
How statutory and common law is applied in the justice courts.................................................5
Evaluate the effectiveness of the legal system in terms of recent reforms and developments.. 6
Using specific examples illustrate how company, employment and contract law has a potential
impact upon business..................................................................................................................6
Differentiate between legislation, regulations and standards to analyse potential impacts upon
business.......................................................................................................................................7
Provide a coherent and critical evaluation of the legal system and law, with evidence drawn
from a range of different relevant examples to support judgements...........................................7
Explore how different types of business organisations are legally formed................................7
Explain how business organisations are managed, funded with advantages and disadvantages.
.....................................................................................................................................................9
PART 2..........................................................................................................................................10
Recommend legal solutions for resolving a range of disputes using examples to demonstrate
...................................................................................................................................................10
Advise Gordon whether he can obtain his wages for 2017, and also whether he would have
any claim for the wages he agreed not to accept in the year 2015 and 2016. Discuss in context
of contract law & employment Law..........................................................................................10
Analyse the legal position of the service provider (Virgin Media) and the consumer (Janet) on
the basis of your understanding on the various elements of contract law .............................11
Discuss the different options available to your client to avoid compulsory winding up..........11
Evaluate the effectiveness of legal solutions, legal advice and support for dispute resolution.
...................................................................................................................................................11
CONCLUSION .............................................................................................................................12
REFRENCES ................................................................................................................................13
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INTRODUCTION
Business laws are the laws that is being formed to makes establishment of business
organization possible. These are one of the most important laws which provides a solid
framework in making sure that all functions of an business organization is run with smoothness
and in effective manner. Such laws also provides guidelines that is used to make sure that goals
and objectives formed by organization is achieved. In this rules and regulations regarding
forming of business organization is being stated. Scope of these laws are wider in nature as they
cover various aspects regarding business. Nature is dynamic in a manner critical element of
business is being covered. In this file legal system of UK is being covered, law making process
of UK. Various organization funding and formation is covered and in the end ADR is being
covered.
MAIN BODY
PART1
Explain different sources of law
Law is those bodies of rules and regulations which has been formed to create discipline
with order in society. These laws has been amended to moderate crime of both civil and criminal
nature. Sources are basic elements required to be formed laws they act as one of the basic
necessity for formation of law. They are being explained as follows:
Primary sources: It is considered to be one of the basic sources that is used for forming laws.
They are explained as follows:
Parliament: This is one of the most important element that is used within process of law
formation. It considered to be supreme authority which has been given power to form law. They
are responsible for formation of various policies in an country like UK (Lail and Martin, 2017).
Common law: In this those judgements which are landmark and is passed within
particular case can be used in formation of law or as a law in future. These are mention in the
form of report and covers every aspects that is related a case like judgement, facts and evidences
used in a case.
Secondary source: Such sources is of secondary nature that is being used for collecting
information when primary sources are not available. These are explained as follows:
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Text books: In this law books are included within which all information regarding a
particular law is being covered. It helps in studying of law from perspective of a law student. As
enhanced information regarding various law is explained in it.
Encyclopedia: As per this information over terms to be used in laws is covered. These
terms helps in understanding laws in better and effective manner. Also definitions is being
explained in it regarding laws.
Explain the role of government in lawmaking
Parliament is the highest authority which makes laws in UK. These authority is being
given to them under constitution of UK. Proper process is being followed in law formation and
that has been explained as follows:
First reading: In this only the bill is presented within the parliament and no discussion is
done in relation to the presented bill or draft.
Second reading: As per the step discussion is done in detail over the bill. All points is
being discussed over specific areas of bill in House of Commons. Voting is done at this stage
with discussion taking place.
Committee stage: In this detailed line by line bill is read with amendments made in it.
Members Start at front bill and work is done through end. Votes is being made over the changes
done. Any member can take part and limit is not there.
Report stage: At this stage bill is again examined with changes made in it. More
amendments are debated and further votes take place to decide whether to make the changes.
Third reading: In this main aim is to identify loopholes and chances for amendment is
given for final time (Hiller and Shackelford, 2018).
Consideration of amendments: In this Lord of House analysis the bill and can send it
back if any kind of amendment is to be done within the bill.
Royal Assent: The bill is approved by monarch and then only becomes law to applied on
all over UK.
How statutory and common law is applied in the justice courts
Statutory law: They are considered to be those laws which are permanent in nature and
has been formed with the authority of law. They provides a concrete structure regarding laws
while covering in it all kinds if punishments and penalties regarding a law. These laws are
applied within the courts when an case is being presented in front of them.
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Common law: These are those laws which includes landmark judgement that has been
given within particular case. They are useful for similar cases in future. Judgements passed by
judges is being presented in the form of report and contains all aspects of a particular case. These
can be used by courts when an statutory law is not able to provide justification on various cases
of law.
Both the laws applied in different manner within the courts as per the situation existing in
a particular case.
Evaluate the effectiveness of the legal system in terms of recent reforms and developments.
Legal system of UK is very wider in nature as various law has been formed as per the
variety of crimes existing within country. Civil and criminal crimes are two important kinds of
crime that exists within society. In civil an individual commits a crime and in criminal society at
large is targetted. Legal system of UK is very complex a compare to modern laws so they are
required to be enhanced as per modern laws.
Using specific examples illustrate how company, employment and contract law has a potential
impact upon business.
Company law: These are the laws that has been formed in order to make sure that an
company is being formed as per guidelines provided within it. These laws also known as
corporate laws as they deal with issues related to corporate world. Such laws is deal with
Companies Act 2006 of UK. As per the act various kinds of things is changed like duties of
director is included, memorandum of association and article of association has to be formed by
an organization. The Act was mainly formed to makes complex process easy that was involved
in formation of an organization. For example ABC ltd if required to establish itself in market is
required to form memorandum of association in order to incorporate itself. If ABCD Ltd fails to
do so then it cannot establish itself (Hair, Wood and Sharland, 2019).
Employment laws: These laws deals with those kind of rights and duties which is bound
to be followed by employer, employees towards each other. Also in these laws agreement of
employment exists which is formed at the time when an employee joins an organization. Such
laws is also required to take care of working environment within an organization. In this two
types of employment exist self employment in which an individual does all the work by himself
and does not hire anyone. Hired employment in this an employee is hired by the employer to do
a particular work. These laws are deal within Employment Rights Act 1996 of UK. For example
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if an employee is not being paid by the higher officials despite of doing the work then he can
launch complain as per the procedure prescribed within the act.
Contract laws: These are the laws in which an agreement is being formed between two
parties and is considered to be valid within the eyes of law. There are various elements which
should exists within an agreement to make it contract. They are offer, acceptance, consideration
and legality. For example Ron and Bore comes into a contract over supply of 10000 cotton roles
at 30000 euros. Ron does not pay the amount and tell Bore to deliver the roles. In this case
breach of contract exists Bore can file case against Ron.
Differentiate between legislation, regulations and standards to analyse potential impacts upon
business
Legislation these are those laws which are being amended by government and are
considered to be permanent laws which an organization should apply for its smooth running.
Regulations these are the rule that is formed within an organization to make discipline and order
to be maintained. Standards they steps formed by an organization in order to avoid legal issues
within in an organizations.
Provide a coherent and critical evaluation of the legal system and law, with evidence drawn from
a range of different relevant examples to support judgements.
Legal system of UK consists of various laws that has been formed in order to maintain
balance within the country. These laws covers various aspects like criminal, civil and corporate.
These laws includes very lengthy process that has to be applied as per the cases and jurisdictions
of court. In UK highest court of appeal is Supreme court, then comes High court divided into
three divisions. Then come lower courts known as court of first instance. Legal system of UK is
required to make transparency within itself that can be done by simplifying legal process of UK
(Haidt and Trevino, 2017) .
Explore how different types of business organisations are legally formed.
Bushiness organizations are those kind of organization that deals over various kinds of
day to day monetary transaction taking place within an organization. These organizations are
mainly focused over dealing with profit generation on daily basis. Various kinds of organizations
has been explained as follows:
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Sole proprietorship: These are those kinds of business organizations in which an
organization has only single owner. In this owner is wholly responsible for performing all
activities related to business. This is considered to be one of the most easiest form of
organization to be established and does not involve any kind of lengthy process within its
formation. These kinds of businesses is very popular among sole owners of businesses,
individual self-contractors, and consultants. Many sole proprietors do business under their own
names because creating a separate business or trade name isn't necessary. These organizations is
being formed only when it has National insurance number or NI number, register for self
assessment with HM revenue and customs(HMRC) and then name is required to be set for these
organizations.
Partnership organization: These organizations is being formed by two or more then two
partners which is required to carry business in order to generate profit and revenue. In these
kinds of businesses both the partners is responsible for making an organization grow. All
problems related to business is being handled by them. Profit is generated is shared with partners
equally. An successful partnership is dependent upon mutual confidence understanding, co-
operations and coordination among partners. There are various kinds of partnership that exists to
do business. In limited liability partnership only partners holds limited liability towards an firm
in this an partner is not liable for any kind of loss that has been made. In these kinds of firms no
registration is required unless it is done for specific purpose. In case of specific purpose
partnership agreement is formed between partners.
Private organization: These are those kinds of organizations that has been formed with
the help of directors. Such organization is completely different from partnership and sole
proprietorship. In these organization directors are appointed and hold all responsibility of the
business taking place within an organization. The organization is considered to be separate legal
entity from directors. In order to form such organization very lengthy process is required to be
followed and documentation is required to be submitted for the purpose also. They are required
to collect all documents that has to be submitted to Companies House. Then organization is
require to get its name registered also (Dul, 2018).
Public organization: These are considered to be those organization that has been formed
by the government and is dependent upon directors responsible for its formation. In these kinds
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of organization share is being distributed to public. This makes its owners to be multi pal and
formation process includes two directors and has to get itself registered in proper manner.
Explain how business organisations are managed, funded with advantages and disadvantages.
Sole proprietorship: These organization is being managed by an individual as he is
responsible for all activities taking place in an organization. Such organization is dependent over
friends and family members for funds as take loans from them.
Advantages of this kind of business organization is as follows:
ď‚· An sole proprietor is one of the most easiest form of business organization to be
established and less paper work is required to be made.
ď‚· Money involved is very less and cost is very cheap for establishing it. This organization
is affordable in terms of money.
ď‚· Tax benefits is also being given to this organization and they are only required to pay
personal taxes (Cowan, 2018).
Disadvantages is being expressed as follows:
ď‚· In this owner is fully liable for all kinds of debts accrued on business. When a sole
proprietorship fails to pay its debts, the owner’s home, savings, and other individual
assets can be taken to satisfy those debts.
ď‚· If the person dies then his business is also dissolved
Partnership organization: This is being managed by all the partners that has come
together to form a business. All profit and loss has to be beard by them. Funding is done by the
partners themselves.
Advantages of this kind of business organization is as follows:
ď‚· It is easy to be established as start-up cost is low.
ď‚· Funds are being generated in easy manner.
ď‚· Decision making is easy to be made.
Disadvantages is being expressed as follows:
ď‚· If an partners dies then the agreement formed is end and partnership gets broken.
ď‚· Management of such firms can collapse at anytime.
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Private organization: They are being managed by directors appointed and are
responsible for an organization's functions. Funding is done through loans.
Advantages of this kind of business organization is as follows:
ď‚· They are very reliable and appropriate to form a company.
ď‚· Raising fund is very easy.
Disadvantages is being expressed as follows:
ď‚· Complexity is more within the process involved.
ď‚· Long process to get registration done.
Public organization: These organizations all kinds of management is being handled by
the investors. Funding is managed by investors only.
Advantages of this kind of business organization is as follows:
ď‚· Public corporation is an autonomous set up.
ď‚· Public corporations can formulate and implement policies which promote public welfare.
Disadvantages is being expressed as follows:
ď‚· Though autonomy in functioning is said to be one of the strong points of public
corporations, the reality is otherwise (Claassenand Gerbrandy, 2018).
ď‚· It enjoys immunity from parliamentary inquiry into its day-to-day functioning.
PART 2
Recommend legal solutions for resolving a range of disputes using examples to demonstrate
Alternative Dispute Resolution is the process by which all matters is solved outside the
court. This is one of the most common method to be used ad has helped in reducing burden of
court. It is used for solving various kinds of cases. In the arbitration, mediation, negotiation and
conciliation is being used to solve dispute. These can be applied in following ways that has been
explained as follows:
Case 1:
Advise Gordon whether he can obtain his wages for 2017, and also whether he would have any
claim for the wages he agreed not to accept in the year 2015 and 2016. Discuss in context
of contract law & employment Law
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As per the scenario it can be observed that employment contract has taken place between
Gordon and Fred. Further this can be observed Gordon has agreed that he will not take salary for
2015 and 2016. he can claim for 2017 by using negotiation in which third party is going to help
in coming to an decision. This can be used with employment law as it is the duty of employer to
follow employees agreement.
Case 2
Analyse the legal position of the service provider (Virgin Media) and the consumer (Janet) on
the basis of your understanding on the various elements of contract law
In this case scenario it can be observed that an Virgin media has installed the connection
of internet but has not installed phone. Also showed irresponsibility towards there duty to answer
the queries. In this case mediation can be used to gain claims and it can be further observed that
an contract in mutual form has existed within the parties. So, Virgin media has done acceptance
and Janet has made offer to them. Janet is the offerer and Virgin media is the acceptor (Chiu,
2017).
Case 3
Discuss the different options available to your client to avoid compulsory winding up.
In this scenario it can be observed that the organization can avoid winding up only
through arbitration. If its is not appropriate to be used then debts is required to be paid by
organization. Arbitration can be used to make negotiation upon the amount to be reduced to mini
mum possible.
Evaluate the effectiveness of legal solutions, legal advice and support for dispute resolution.
Legal solution: In this an lawyer or legal professional is approached to mark out solution over
an problem that has taken place.
Legal advice: As this all the facts about the case is being heard by lawyer then case is decided to
be heard or not.
ADR :is one of the most effective form of solution when an matter has tob be soleved outside the
court (Andhov, 2018).
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CONCLUSION
From the above discussion it is clear that business laws are the laws that is useful in
establishing of business organization. These kinds of law makes establishment possible. Further
in this file various sources of law has been covered. Then process of law making is explained.
Also various organization is explained with advantages and disadvantages is covered. In the end
ADR has been explained in relation to various cases.
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REFRENCES
Books and journals
Andhov, A., 2018. CSR in EU Law: How Close to EU Fundamental Rights and Social
Justice?. European Business Law Review, 29(6).
Chiu, I.H., 2017. Is there Scope for Reforming the Emaciated Concept of Fiduciary Law in
Finance? Critically Discussing the Potential Achievements of Reform. European
Business Law Review, 28(6).
Claassen, R. and Gerbrandy, A., 2018. Doing good together: Competition law and the political
legitimacy of Interfirm cooperation. Business Ethics Quarterly, 28(4), pp.401-425.
Cowan, S., 2018. All change or business as usual? Reforming the law of rape in
Scotland. Reforming the Law of Rape in Scotland (May 28, 2018). Rethinking Rape
Law: International and Comparative Perspectives Edited by Clare McGlynn and
Vanessa Munro (Routledge 2010).
Dul, J., 2018. Necessary condition analysis. In Oxford Research Encyclopedia of Business and
Management.
Haidt, J. and Trevino, L., 2017. Make business ethics a cumulative science. Nature Human
Behaviour, 1(2), pp.1-2.
Hair, J., Wood, B. and Sharland, A., 2019. Toward a better understanding of the Australian
Business Deans Council (ABDC) list and its rankings. International Journal of
Educational Management.
Hiller, J.S. and Shackelford, S.J., 2018. The firm and common pool resource theory:
Understanding the rise of benefit corporations. American Business Law Journal, 55(1),
pp.5-51.
Lail, B.E. and Martin, G.W., 2017. Are entrenched managers’ accounting choices more
predictive of future cash flows?. Journal of Business Finance & Accounting, 44(5-6),
pp.593-610.
Madaus, S., 2018. Leaving the shadows of US Bankruptcy law: a proposal to divide the realms
of insolvency and restructuring law. European Business Organization Law
Review, 19(3), pp.615-647.
Maume, P., 2020. Initial coin offerings and EU prospectus disclosure. European Business Law
Review, 31(2).
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Orozco, D., 2016. Using social media in business disputes. MIT Sloan Management
Review, 57(2), p.33.
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