Business Law Report: Legal Solutions and Business Organization Forms

This business law report delves into various facets of legal frameworks impacting businesses. It begins by explaining diverse sources of law, emphasizing human rights, legislation, EU law, and case law, followed by an analysis of the government's role in law-making, including the processes of bill creation, readings, and committee stages. The report then evaluates the effectiveness of the legal system by examining recent reforms and developments. It illustrates the impact of company, employment, and contract laws on business operations, differentiating between legislation, regulations, and standards and assessing their implications. Furthermore, the report explores the legal formation of different business organizations, including sole proprietorships, partnerships, LLCs, and corporations, while also analyzing their management, funding, and associated advantages and disadvantages. The report concludes by recommending legal solutions for resolving disputes, providing examples of legal advice and support, and evaluating the effectiveness of these solutions.

Business Law

Contents
Section 1..........................................................................................................................................3
P1 Explain different sources of law.............................................................................................3
P2 Explain the role of government in law making and how statutory and common law is
applied in the justice courts.........................................................................................................4
M1 Evaluate the effectiveness of the legal system in terms of recent reforms and
developments...............................................................................................................................5
P3 Using specific examples illustrate how company, employment and contract law has a
potential impact upon business....................................................................................................5
M2 Differentiate between legislation, regulations and standards to analyse potential impacts
upon business...............................................................................................................................6
P4 Explore how different types of business organisations are legally formed............................6
P5 Explain how business organisations are managed and funded.............................................7
M3 Assess the advantages and disadvantages of the formation of different types of business
organisations................................................................................................................................8
BUSINESS DISPUTE-1..................................................................................................................9
BUSINESS DISPUTE 4................................................................................................................11
Employment Law – Dismissal...................................................................................................11
BUSINESS DISPUTE 3................................................................................................................13
Breach of Contract.....................................................................................................................13
BUSINESS DISPUTE 4................................................................................................................15
The legal rules on the implied sale of good and the supply of service......................................15
The statutory provision on the transfer of property and possession..........................................16
The statutory provision for the buyers and sellers.....................................................................16
BUSINESS DISPUTE 5................................................................................................................17
Commercial Property.................................................................................................................17
Learning Outcome 4 and Assessment Criteria..............................................................................20
P6 Recommend legal solutions for resolving a range of disputes using examples to...............20
demonstrate how a party might obtain legal advice and support...............................................20
M4 Compare and contrast different sources of legal advice and support for dispute...............20
resolution...................................................................................................................................20

D3 Evaluate the effectiveness of legal solutions, legal advice and support for dispute............21
Resolution..................................................................................................................................21
REFERENCES..............................................................................................................................22

Section 1
P1 Explain different sources of law.
In the context of the law, it has bene clearly stated that’s there are various sources of the law as
to protect the individual and business against the any level of lawsuit or the illegal activities.
There is there major level of the sources of law in UK have been discussed as follows
Human right law is considered to be there important slae which is have been developments and
implement to have the protection of the country people. All the people or individual living in the
country have the right as per this leave stating that’s they can protect themselves form any level
of illegal lawsuit (Khairandy, Hernoko and Huda, 2017). This can be extended as the protection
against fraud, crime or any level of illegal activity. Hence there all the level of discussed feature
stat has proving the human right to the individual in country in making the people safe and
secure there.
Legislation – this is the aspect of the legal system which is commonly known as legislature in
order to have the being the body to create the laws. In the legal system of the UK, House of Lord
and House of common are known as important 2 parties. So, it can be said that legislation has
power to pass laws which are being made to apply in all 4 countries of the UK. The body have
the involvement of more than 8000 members as the first important party participants known as
the house of lords. This have the major level of responsibility to provide the valuable vote in
making laws. As on the other hand 650 members have the house of commons in order to been
the participants in developing the laws.
European Union law is the main and important part of UK as per this act all the law are tends to
be applicable sin the European Union along with its applicability on UK (Ndzi, 2017). On the
other hand, after the implication of the Brexit, the EU is not having nay level of bination to have
afforced level of applicability to follows the regulation.
Case law is the law which have the tendency to be followed u the England and Wales which
have the development of the law with help of common law.
Equity have been considered as the effective measure in more way of providing the justification
to take the fair decision. The judge has found that’s it has been easier to take decision as it helps
in the equity and satisfy aggrieved party.
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P2 Explain the role of government in law making and how statutory and common law is applied
in the justice courts.
Government have been major body by tasking the major level of responsibility in order to
provide the proper level of protections of the country by making and development of appropriate
laws. It has been clearly stated as there is importance of government to make the law on to keep
the country, the business ad respective function safe (Blanco, and Pontin, 2017). There is the
major consideration of some steps for the development of law which show the effective roles and
responsibilities.
Bill- It has been referred to the situation when the proposed legislation or the draft have been
passed in order to make the new law as the part of legal system in the Lord of house Common.
This is the time when making of bill is moved for the further processing as this stage have been
considered as important aspect.
First reading- The next step is the proposed level of legislation is moved to the chamber of the
Lord of House of Common for first reading. This have the clear aims to pass the bill for fist
reading as make that all the elements in the draft have been into the right manners all the member
of the chamber has agrees to all term of rules and regulation.
Second reading- Moving on to the next stage, it have bene critic as their member of this
chamber have the deep and structure level of discussion on all elements and all areas. The bill is
needed to be properly evaluated in more to have the identification of areas which have
requirement of further modification to make it consistent and effective. Hence this have bene
discussed as the important aspect as all the level of discussed feature stat has proving the human
right to the individual in country in making the people safe and secure there.
Committee stage- this is one of ending stage as there this have the aim to make the proper level
of assistance over the group to make it effective decision masking aspects (Varuhas, 2018.). This
have been properly reviewed by the peers as the House of common have the proper level of
explanation al element in detailed expulsion mannered and make out to be part of effective
decisions.
Final reading. This is the stage of confirmation as all the member have the accepted or rejected
the proposed draft. the final decision will be taken by the House of common. For making the fair
decision, voting is being conducted and on the basis of majority of votes the final decision of
making law is being made.
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M1 Evaluate the effectiveness of the legal system in terms of recent reforms and developments.
The legal system have the systematic level of motivations as there law have the changing level of
aspects as the major level of inclusion of the major political, financial or social inquiries, are
taking into account their legitimate intricacy probably not going to be acknowledged without
exceptional institutional procedures. Hence this have bene discussed as the important aspect as
all the level of discussed feature stat has proving the human right to the individual in country in
making the people safe and secure there (Haines, 2018). On the other hand , in the UK , there is
major level of experiencing o there the substance of changes in law which have tune to make the
creation of new law or significant change in framework.
P3 Using specific examples illustrate how company, employment and contract law has a
potential impact upon business.
Employment, contract and company laws are important laws by which all parties involved in
these laws get protection as well as security.
Contract law: As per the stamen of this law, the both level of parties are stated to agree in to
the contract have the right to provide protection to themselves against any level of illegal
acts which is done by the other parts. As the parties have bene in the contract make the
completion of legal entities in the parentship and all the firm have requirement which
execute the contract by completing the effective level of documentation.
Company law: the company have the regulation to make incorporation by telling the ways of
the conducting the business which is needed by the edhs and every company formation
along with repetitive guidelines to succeed as per the respective government regulation. the
firm have the major ethical responsibility to accept company law as to have the great level
of transparency and accountability. On the other hand the change in the increments have
the benefit as the impact in the increase in the incremental cost have the base lines and the
expense on the purchases not the level of entrepreneur.
Employment laws: this have been developed to protect the right of employees and employers
in order to protect them form any level of harm (Monkhouse. and Spiro, 2020). For the better
example - as in the situation the employee has the breaking the rule of employment law them the
employer have the right to provide the termination. On the other have employer are also have the
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obtundations to provide the safety to employee, to not discriminate their employees, providing
minimum wages etc. this have thee discussion of the important as the with general classification
such as Discrimination, Fair pay, Employee protection, Safety in the working environment.
There is the major implication of the company law which have the implication in the situation
where A business and B, (etc) consent to working together, along with having the consent
specific terms. These terms are considered to be the framework the premise of the understanding
between them. Despite the fact that agreements can be framed orally or on the written manner, it
is acceptable practice to carefully record the details of an agreement. This is the accomplished
there agree tend to have the marketing.
M2 Differentiate between legislation, regulations and standards to analyse potential impacts
upon business.
Standards: This the respective guideline of the company or individuals in order to get the
product or services sone as up to the standard with the implementation for effective
manners. This is helpful in maintaining the level of quality for the people or companies can
maintain quality, efficiency as well as safety
Regulations: This have the rereferring to the detailed level of instructions which is considered
to the rule and respective admirations which show that’s how the law is needed to be
created. This can be said as the application is considered to be must.
Legislations: It have the clear level of offering all the consisting of rules have been made by
the governments in the a state, city, and country
P4 Explore how different types of business organisations are legally formed.
There is the various type of the organization have been formed as while framing the transaction
have the development of its own legitimate contracts (Zahn, 2018). There are basically the
development of the four principles of organization which are a such as: Sole Proprietorships,
Partnerships, Limited Liability Companies (LLC), and Corporations. Before developing the
business, it is considered to be important to give the explain the level of imperative to minting
the organization in permanent manner.
Sole Proprietorships- This have been the unincorporated to be straightforward of the kinds o the
organizations which have the minimal measure of inclusion in term of security for the proprietor
of owner. This have been the contrast level of situation as the sole ownership is not ben
considered as their lawful level of personality. Basically, the proprietor of the business has a
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similar way of life as the organization. This business have been considered as the visionary pinks
as they have the need to have the full level of control over the business.
Partnerships- As per the name, it can have the clear level of suggestion that’s if two or more
member as the association of the business will be considered under the perfect partnership with
the signing the contract regarding the capitals and profit and sharing ratio. On the other hand ,
the firm have the advantage of subsidies along with been implement with the major level of
implication of salary as the proprietors' salaries so it is just burdened once.
Limited Liability Companies (LLC) – hence this have been put up the varies level of
medications as to have the hillwomen of the move ring through the tax collections tarsus. On the
other hand , it case of the such level of company the major level of risk as the in the term of
bankruptcy all the death of the own all the member and compost have the complete level of
dissolution.
P5 Explain how business organisations are managed and funded.
The management and the funding of the organization have been considered as the important
aspect for developing the business in perfect manner. there will be the inclusion of the legitimate
level of budgetary and management administrations which is been implement before any
foundation of business. the Corporate Finance Institute offers have the clear offending the assent
for the extending of business insight along with advancing the professions and the dealing both
the financial aspect of the firm (Barber, 2019). This is also helpful in managing the day to day
activities. This have the rereferring to the detailed level of instructions which is considered to the
rule and respective admirations which show that’s how the law is needed to be created. This can
be said as the application is considered to be must.
On the other hand assist the boards have be the chances to allude the level of resources by
covering the level of framework estimations in toured to have the substance of business. this
might have the level of implacability un the mappable resources which have the licensed the lvel
of innovation and generify along oath unmeetable level of resources. Hence this have the part of
the periodical procedure in order to aver working, sending, keeping up, arranging, and
redesigning resources in the most cost-proficient and benefit yielding way that could be available
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M3 Assess the advantages and disadvantages of the formation of different types of business
organisations.
Sole Proprietorships
Advantage
This is considered o simple along with having the reasonable level of procedure which have
likewise level of tac deduction as the proprietor's very own pay and accordingly just burdened
once. There is nor level of inclusion of nay guidelines in terms of prerequisite of the sole
ownership.
Disadvantage on the other hand it have come with the drawback in the fulfilment of the various
reequipments which have been stated by ale.
Partnership
Advantage
The firm have the mor level of exploitation to the government sixes along with been implement
with the major level of implication of salary as the proprietors' salaries so it is just burdened
once.
Disadvantage-
on the other hand the origination have bene succeeded to have the sic of liabilities of the firm as
it have the requirement of the few level of subtilties.
Limited Liability Company
Advantage-
this have ben put up the varies level of medications as to have the hillwomen of the move ring
through the tax collections tarsus.
Disadvantage-
the major level of risk as the in the term of bankruptcy all the death of the own alls the member
and compost have the complete level of dissolution.
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BUSINESS DISPUTE-1
Employment law: Equal pay
Equal pay is based on the area of employment that is complex and not easily
understanding. It may consider as employment right act 1996 which mainly covered unfair
dismissal, contracts and redundancy. In this way, it has recognized by government that equal
pay for work of equal value that gas proved to be difficult. Employment right act 1996will be
including in specific provision to regulate equal pay claim in the form of section (6). It has
prohibits the unfair discrimination in term of condition of employment among staff members
where they are performing different operation within restaurant (Bidabad, Abdollahi and
Mohammadi, 2019). The legislation allows for employee to prescribe the various parameters,
criteria for assessing work of equal value after consultation. The prior to the amendments under
section 6(4)-5 relating to equal pay. Sometimes, it claim indirectly under section read with
proper employment policy as well as practices.
As per given scenario, it has been concerned about the restaurant business who will
provide the equal pay of kitchen employee and cleaning employees on the basis of their grades.
But in some situation, it may arise issue when restaurant will not providing the equal payment.
Sometimes, it relates to the gender discrimination but require to protect them group under law.
In 2014, gender pay gap across all private restaurant and consider as becoming
substantial than that in wider market where women earn 19.1 percent less than other men in
similar year (McGregor and Davies, 2019). Although it has suggested that gender pay gap in UK
which mainly explained a wide range of material factors. At least third of equal pay gaps are still
not exists. in such cases, discrimination may be continuously growing in day by day.
Highlight legalization practices
According to code of ethics, it may be highlights some way that address equal pay in
restaurant where providing the payment on the basis of their quality, grades. It should be
considered the measurement that will help for reducing threat, risk (Azoulay, Smith and
Sweeney, 2019). Cleaning and kitchen employees equal pay claim against the restaurant. In order
to show compliant by using rules and regulation. There are various restaurant mainly focus on
the talented or skilled people those easily handling the business performance.
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Equality of terms
According to equality act 2010, it has been setting the provision which state men as well
as women performing work of equal value (Azoulay, Smith and Sweeney, 2019). Therefore, it
should be received the same pay. Hence, it refer to any part of payment package and consider
term of employment which including advantage, benefits to staff members in organization. It
mainly include basic pay, bonuses.
According to equality act 2010, there are three different way in which an individual’s
work and determine as equal opportunities for employees.
Work life: if employee’s work broadly similar and difference that so exist, which are
related the practical importance in relation to work. Sometimes, it may refer as something that
people do in practices as part of their job (McGregor and Davies, 2019). It just something when
comparing the kitchen employee and cleaning employee through criteria. It is important thing to
consider frequency with which difference in work occurs in particular practices.
Of equal pay: if the work of each staff member is equal in term of demand which made
on them. It should reflect on the different factors such as skill, decision-making, working
condition, knowledge and level of responsibilities (Azoulay, Smith and Sweeney, 2019).
In 2011, Government has introduced the voluntary reporting scheme which always
encouraging the organization to report gender pay information. In this way, restaurant must
follows the regulations that will require for company to carry out equal pay review (McGregor
and Davies, 2019). Afterwards, it also publishing review and information relating to gender pay
gap.
The provision in small enterprise which means that will apply regulation. According to
act 2010, the purpose of requiring publication information and also showing whether difference
in pay scale among staff members. It must consult with the person which appropriate on the basis
of regulation details (Azoulay, Smith and Sweeney, 2019).
Furthermore, the right way to receive equal pay work applied but in cause if employee
claim against the restaurant who will not providing equal pay scale. The equality based
legislation which acknowledging the complexity in term of equal pay in the workplace. It allows
for applying suitable methodology that support to assess in proper manner. Moreover, it has
established whether work concerned is of equal moral value, pay scale whether there is certain
difference in employment condition.
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BUSINESS DISPUTE 4
Employment Law – Dismissal
Dismissal is a practice in which employer ends the employment of employee without
giving any notice of end of employment. Dismissal requires that;
 Employer has valid reason which can be justified
 Reasonable act based on the circumstances
Along with this employer is also require to
 Be consistent- This means that the employer cannot dismiss one employee for something
which employer allows others to do (Pienaar and Long, 2016).
 Complete investigation of the situation before dismissing employee- This means that if a
complaint was made against an employee in such situation it is important that employee
investigate whether the complaint made is right and valid or not.
Regarding this employee has a right to be given a notice which is stated in employment contract
or statutory minimum notice period, whichever is longer. Some situation can also allow for a
immediate dismissal like violence. Practices and actions taken against unfair dismissal are
governed by Employment Rights Act, 1996.
Case
One of the cases related to this is case of Robin. Situation in this is that- Robin was suspended
after over 14 years of employment with a pending investigation and disciplinary hearing. Robin
was a valued employee with positive feedbacks and regular promotions.
Robin was suspended because of a complaint from a client who accused her of breaching health
and safety (Collins, 2018). In this case other members of the staff were also involved but the
client only compliant about Robin and did not complaint about any employee. Followed, by the
complaint only disciplinary actions were taken against Robin. The client was known to be
aggressive in ways he communicated and also vague in instructions which were given by him.
Robin also raised her concern to her manager regarding the client. However, client produced a
CCTV footage to the company to support his accusations against Robin. But this evidence was
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