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
8

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
12

not disclosed to Robin until she was dismissed. At the time of suspension but before disciplinary
hearing or decision was made. During this manager of Robin told her that he was happy to give
her a reference when she looks for another job.
At disciplinary hearing Robin was found guilty on the ground of gross misconduct on health and
safety and she was dismissed.
After christianne Silverwood an employment lawyer later advised Robin that because she was
employed for more than 2 years her employer can only dismiss her if they had a fair reason to do.
Moreover if there was a fair reason to do so they were required to follow a fair process in
keeping with Acas Code (Howe, 2016). After this by looking at evidence and CCTV footage
Robin advised that her dismissal was unlikely to be considered fair by Employment Tribunal.
Company also had not followed a fair process.
Later draft of appeal against her dismissal was based on following grounds-
 Decision of dismissal was unfair and biased
 The decision taken for dismissal was inconsistent
 Insufficient evidence to show her breach of health and safety
 Sanction was not within range of reasonable responses
As a result employer decided to settle before Robin’s claim reached on employment tribunal.
Employer agreed to pay £13000 and an agreed reference for future employer. This was done
after law firm negotiated with employer.
Unfair and wrongful dismissal is conferred by the Employment Act 1996. This involves that
eligible employee can being the claim in Employment tribunal. Regarding this there are certain
constraints that employee requires to adhere to (Howe, 2016). These constraints are that
individual is required to be employee, employed under contract of employment. Employee must
have been dismissed and this should be brought in tribunal within 3 months from dismissal.
13

The case discussed regarding this was completely based on these constraints of unfair
dismissal and this is why Robin had a right to claim and was also appropriate to go to
employment tribunal.
However, the claim of Robin was settled as a means of mediation services. This is because
employer of Robin negotiated with the law firm where Robin went to draft an appeal against
unfair dismissal (Howe, Berg and Farbenblum, 2018). This was valid because the terms included
in the draft were biased and unfair decision to dismiss and also that evidence were also
insufficient. These are all ground for unfair dismissal as this involves inconsistent treatment of
employer and Robin treatment given to Robin was also biased and this is why Robin has all
grounds which indicate that his dismissal was wrong.
Mediation service helped both Robin and his employer because claim in employment tribunal
would have become a difficult situation for both Robin and her employer.
BUSINESS DISPUTE 3
Breach of Contract
The Contract Act 1999 is an act of the parliament of the UK which significantly
reformed the common low Doctrine Of privately. According to this low companies make the
contract with each other and there are some rules which they to follow which are written in the
contract. This is a contract between the Buyer and suppliers and The breach of contract is one of
their part. As per the case study of the Log cabin business company has paid the advance money
for the wood to deliver but when the order of the company arrive at their workplace then they
come to know that they only get one part of the wood and other does not arrive till now. Other
thing is that the quality of the wood in the first part is poor and it is not that product which
they are required to make log cabins for the commercial holiday park. In this case company
have the rights to file a case law on the supplier for the delay and the poor quality and the
supplier have to send the quality wood to the company, and they also huge to pay the
compensation to the company because they paid the money in advance then also they do not
provide the wood which the company want and company is not happy with the services from
their supplier (Andrews., 2018). They have choice to file the two case low, Breach of Contracts
ad the Sales of goods act. This will help them, to get the compensation and company can ask
the supplier to send the woods in good quality and proper time as well.
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Branch of contract
A branch of the contract comes when any contract is made an agreement is formed
between parties to carry out a service and payment for that service. If one of the parties fails to
carry out their side of the agreement then the party can be said to be in breach of contract. Breach
of contract can also occur if work carried out is defective or if one party makes the other aware
that they will not be carrying out the agreed work.
Breaches of contract can also include non-payment for a service or not paying on time, failure to
deliver services or goods, and being late with services without a reasonable excuse. Terms and
conditions are a fundamental part of a legally binding contract and any broken terms can lead to
breach of contract (Beheshti., 2018).
Damages
Damages are used to put the claimant back in the position they would have been if the
term of the contract has been met as agreed . The company can be mentioned the ‘liquidated
damages’ if the contract specifies that an amount should be paid if the one side breaks the
contract. These clauses are often found in manufacturing and building contracts, which often
include penalty clauses for late completion of work.
There are two type of the damages in this contract
Special damage- Awarded for quantifiable losses, such as loss of profits
General damages – Awarded for unidentifiable losses, such as physical inconvenience and loss
of amenity.
As per this case company should file the special damage because they give the money to
the suppler on the times for the wood but the supplier does not provide the quality and quality
both which affect on their business and It ca be a loss of their profit and it can be delay for them
to complete their the project (Iacobucci., 2020). The suppliers of the company does not provide
the quality which can also effect their image in the market and other clients of the company
can stop doing the work with this company and it can be loose of their business and loss of
their profit both so company is liable to0 file thins case on the supplier and take their calm
from the supplier.
How to prove a branch of contract
To prove the of contract case company would need to be proven that a legally binding
contract was in place and that it had been breached. Company also have to prove that the other
15

party did not perform their part as per the contract, and they have to show that time of the
delivery and other things which are related to the contract. The terms and conditions of the
contract need to be clarified and compared to what actually took place. In the end thy have to
prove in the court that they are suffering from the losses because of the delay from the suppler
and the bad quality of the wood delivered by the supplier this will help the to get the claim and
company can get the compensation from the supplier.
Branch of contract claim
For the claim and file this case suite the log cabin company have to follow the
procedure and guideline which can help them to get b the compensation from their supplier of
the wood.
`When it comes to this process of claiming company have to file the case fund the
evidence which can prove that this is a case of the Branch of contract, there are several steps to
go through prepare the particular claim to include the essential ingredients and make out the
cause of action for the branch (Mills and Saprai., 2019). They have to find the document of the
deal with the woof supplier, so they can prove the data of the delivery and the quality and
quality of the wood according to their contract. They also have to show the bill of the order
they have made with the supplier, and they have to submit all the documents to their advocate
who will; help the company to get the claim Now company will late to run their activities
because they do not get the required quality and the required quality for the wood as per
their contract, so they have to claim for the compensation which will be filed by the lawyer
and (Tariq., 2018). They should have the proper evidence for the the claim of the Branch of
contract and if they are field to prove that then they have to pay the compensation to the
supplier and the superiors of the company can also can go to the jail for the wrong
compensation claim.
BUSINESS DISPUTE 4
The legal rules on the implied sale of good and the supply of service
There are various legal rules which have been implied to the sale of good and supply of
service. It has been analysed from the case study that the small was going to purchase the
furniture from local store. It has been evaluated that during the time of delivery of product these
items were purchased from a local supplier who on the day of delivery has a fire at the
warehouse and they are not able to fulfil the order. Sale of goods and supply of services certain
16

basic provisions are implied by statute in order to provide protection to purchasers. This can be
defined under the consumer right act, 2015 and also the provisions are related with the sales of
good act 1973. In this the shop is liable to provide the compensation to client has according to
the consumer protection act, it has been analysed that the services needs to be provided with the
reasonable amount of time which has been provided by the client. The shopkeeper can have been
involved in delivering the services one day before not on the exact date of delivery. This could
have saved them from paying the compensation (Singh, 2016). It has also been evaluated from
the consumer protection Act, 2015 that the client will only accept the goods if it has been of high
and defined quality. There also has been an implied term that the services needs to be carried out
with the help of reasonable care and skill so that there is no delay in services which has been
taken by the shopkeeper. It has also been analysed from the act that the consumer has the right to
reject the goods if it has not been provided on time. This has been given the consumer protection
act and the shopkeeper needs to compensate with the client as according to the law. If not
happened their contract can be cancelled.
The statutory provision on the transfer of property and possession
There are various statutory provision which are been linked with the transfer of property
and possession. It has been analysed that when there has been a contract for the sale of goods the
purpose related to the same must be made in the contract. The consumer has the full right to
reject the goods if it has not been delivered on time for whatever reason. This can be confirmed
in the present case situation, the good has not been delivered to client that means that contract
can become null and void because of it (Hawkins, 2018). It has also been analysed from the
research that the seller cannot sale the good if the goods sold by them are stolen. In this the client
has the full right to reject it. They can also reject it if the goods which have been supplied are of
not that quality which they possess. According to the sales of goods act there has been an implied
term that the goods will match the quality which has been correspond to the sale. Only at this
condition the consumer will be able to accept the goods. If this condition is not been fulfilled
then there will be a breach of contract. It has also been analysed that in present situation the
buyer was unable to provide good at time. This means that the seller has the liability to
compensate. The seller has provided the information that timely delivery was not been made by
them because of the fire in ware house. In this condition there has not been a timely delivery so
that the client can reject it and also have the right to ask for compensation for no delivery at time
17

as this has affected the consumers business. These provisions are been provided in the consumer
protection act and also in the sales of good act which must be followed by the seller.
The statutory provision for the buyers and sellers
There are also various statutory provisions which has been related to the sales of the goods
and services. It has been analyzed that the seller can only sold the goods in the course of
business. They need to make sure that the goods provided by them are durable and also of the
high quality. This conditions needs to be followed by seller so that the high quality of services
can be provided to them. It has also been analyzed that the consumer can also have the right to
reject the goods if it is not of the prescribed quality or match the goods which they have
purchased. The goods sold by the sellers also needs to be delivered on time, if not than the
consumer has the full right to not accept it. It has also been analyzed from the sales of goods act
that the good provided must be of defined quality and also should not contain any minor error. If
this condition exists the buyer may not be able to accept the goods. The seller also has the
responsibility to act in good faith. The consumer has the right to be provided with the goods on
time. They also have the right that the good been provided to them match the quality during the
time of sales. The implied good matches the model which has been seen. It has also been
analyzed that there are also various other provisions related to the consumer and seller that needs
to be followed by both. It has been analyzed that seller cannot be engaged in selling the duplicate
quality good, they also needs to make sure that there has been a timely delivery of the goods
possess by the shopkeeper just as in the present case scenario. If the sales are not of high quality
than the consumer can ask for the damages and can also seek the performance from the seller.
BUSINESS DISPUTE 5
Commercial Property
Commercial property is a building and land that is intended to use for generating
activities rather than regular residential purposes. Lease refers to a contract by which one party
coveys land, property, services etc to another for a specified time in exchange for the a periodic
payment. This means that contract through which owner of the property transfers the right to use
the property to other party. Commercial lease involves lease in which owner of the land gives
rights to other party for using the property for commercial and generating purpose. Commercial
lease is protected by Landlord and Tenant Act 1954 (Walsh, 2018). Points which are covered in
act are;
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Service charge- This applies to part of premise and landlord of the property will be responsible
for maintenance of common parts of the building and parts which are covered in form of service
charge payment. In the given case, the landlord is responsible to poor maintenance of the
building. He must have taken good care of his property. In the given case scenario, he is liable to
give the 1 year of lease payment to owner of local cloth shop.
Security of tenure for tenant- This means tenant from premise from which a business is carried
on has security of the tenure which has been agreed in the contract.
Grounds for regaining possession- The landlord can object to this and regain possession on
certain specific grounds. Such reasons are landlord requires property for development and
because of reasons like non-payment or not complying with lease obligation etc.
Exclusion of security of tenure- This means tenure conferred by act can be excluded by
agreement in case where landlord wants to carry out a development, lease is for a very short term
etc.
According to scenario, it has been focused on the commercial lease dispute that require to
implement the solution which support for reducing the conflict among owner of cloth shop
(Azoulay, Smith and Sweeney, 2019). It is not easy to say that commercial lease dispute is
consider as disagreement between landlord and tenant. Usually it does not provide the much
insight. For instance, it is better to look at solution which often to controlled.
 The first positive step is to communicate with owner of shop with intention of reaching
an amicable solution. It may require to compromise from both parties. It often the most
effective way to take action especially when assuming price, time and stress. Afterwards
it could be understanding the demand of dispute. In this, it is crucial to hear the both
parties and to find out the alternative resolution to the given case.
 While coming to another solution with other party which consider as dream resolution. In
order to recognize that everything possible if parties refuse to choose particular
compromised. It simply sticking their head in sand (McGregor and Davies, 2019). In
some situation, it should identify goal that still be to resolve the commercial dispute
without litigation.
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Another solution is that when keep track of every time whether it may use email, text, and phone
and begin documenting impact on the commercial business. If in case situation has increased so
that go to court (Nurse, A., 2020). It is likely to request for repair the damage things. There is no
single way to resolve commercial lease dispute but significant goal always support for avoiding
the current situation. In order to resolve the bitter relationship between landlords and tenants.
In order to resolve the issues, the local cloth shop owner must file case in the court to
have legal advice on commercial lease. If they do not find any justice from the count that
they can go to Alternative dispute resolution services. Alternative dispute resolution can be
one of the effective way to sort out the commercial dispute among the two parties. In this,
third party who called out as arbitrator will listen up the both of the parties and he will
receive the final agreement on the case. Hence, non-violent criminal act may be resolved
through meditation. Meditation can be one of the effective way that can to sort out the
dispute but these both are alternative litigation.
Meditation is one of the form of alternative dispute resolution can be one of effective way of
resolving the dispute out of the court (Riley, Prenzler and McKillop, 2020). This is typically
relating with the civil cases and many get resolved with help of meditation. It is the method that
given solution to both of the parties to get an opportunity to present their case in their own words
and to direct get involvement in the process of negotiation. Thus, the type of medication with
help of which dispute can be resolved are termed out as-:
 Court-: In this, court will hear the both parties, if the case still does not reach to any
judgement then this case will pass to meditation under section 89.
 Private meditation- In the case of the private meditation, the qualified mediators offer
the service on private fee for service basis to court, to member of the commercial
sector and to member to the public and also to the legal sector to sort out the dispute
with help of meditation. However, private meditation can be used in connect with the
dispute that is pending in the court.
In the above given case of the commercial dispute this will be suitable as this is
confidential process. Thus, the entire procedure of this case is speedy, economical and
efficient (Kawamura, 2020). Hence, this can be stated that Mediation is informal and the
arbitration is formal. Therefore, the main goal of mediation is to resolve
misunderstandings, while the goal of arbitration is to come to a decision in a dispute.
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Learning Outcome 4 and Assessment Criteria
P6 Recommend legal solutions for resolving a range of disputes using examples to
demonstrate how a party might obtain legal advice and support.
In order to resolve various issues there are various legal solutions that can be followed by
an individual group or the community. It has been analyzed that if any consumer has been
involved in the dispute than the consumer protection act has been defined by the law so that the
rights can be protected (Kruger and Botha, 2017). This wills help consumers in gaining high
quality of goods and services. It has also been analyzed that if the dispute has happened on the
breach of contract, then the contract law can be useful for making the contract valid. It has also
been analyzed that for any type of dispute the consumer can be involved in gaining the legal
advice and support. According to the consumer protection act 2015 It has been analyzed that the
seller can only sold the goods in the course of business. They need to make sure that the goods
provided by them are durable and also of the high quality. If it has not been done than it can give
rise to the legal dispute. It has also been analyzed that there are also certain laws related to legal
dismissal. No company can be involved in firing the employees without any specific reason and
without providing them with legal notice. They have the full right to be protected against this. It
has also been analyzed that the consumer protection act the consumer can claim compensation
for the defective products and services. This will help them in resolving the disputes which has
been faced by the consumers. The consumer can also reject the goods if it has not been delivered
on time.
M4 Compare and contrast different sources of legal advice and support for dispute
resolution.
There are various different sources related to legal advice and support for the dispute. There can
be alternative dispute resolution and litigation (Reddy, 2018). Both of them are different from
each other. In the alternative dispute resolution, the problems can be solved by the parties
through negotiation, mediation and communication. This assists in Allows for a custom-made
win-win outcome on all or part of the issues. On the other hand, in the litigation means that the
parties are been involved in following the traditional court system. There are chances that justice
is being given or not.
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D3 Evaluate the effectiveness of legal solutions, legal advice and support for dispute
Resolution.
There are various methods related to the dispute resolution. It has been analyzed that the parties
can be involved in making use of alternative dispute method where they can negotiate with each
other, it will be effective as there will be no court involved in the procedure. It has also been
analyzed that they can also be involved in taking legal advice and support.
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