Business Law Report: Sources of Law, Contracts, and Problem Solutions

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This report provides an overview of business law, focusing on the English legal system and its various sources, including case law, constitutions, and parliament. It delves into the role of the government in law-making, differentiating between statutory and common law and their impact on business decisions. The report then examines contract law and employment law, highlighting their significance for business operations and the legal principles governing agreements. It addresses the challenges faced by a business, such as establishing a new school, and proposes appropriate legal solutions to address issues related to funds, planning, and employees. Finally, it explores alternative dispute resolution methods, including arbitration, negotiation, mediation, and conciliation, as effective strategies for resolving business disputes. This report is a comprehensive resource for understanding the legal framework governing business activities and problem-solving.
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Business Law
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Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Various sources of law that an enterprise needs to comply...................................................1
P2 Role of government in law making and statutory and common law.....................................2
TASK 2............................................................................................................................................3
P3 Contract law and employment law and its impact on business.............................................3
TASK 3............................................................................................................................................4
P4 Appropriate solutions for range of business problems..........................................................4
P5 Justifications for use of legal solutions..................................................................................4
TASK 4............................................................................................................................................5
P6 Solutions based on country's legal system.............................................................................5
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................7
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INTRODUCTION
Business law is refers to that rules and regulations that help in govern all the transaction
and commercial activities that take place between individuals. Concept of business law is mainly
related with two areas, one is related with regulate business operations with assistance of
company, agency and partnership (Allen, 2017). Other one is related with govern commercial
activities with help of contract. Different legal agencies and bodies are there that develop law to
guide business entities to deal with complex issues. European Business School of Management
have Schools in various cities in Europe. Various sources of laws than a business entity needs to
comply and impact of common law on activities and decisions of an organisation is all detailed
in this report. In addition to this, role of government in making law is also discussed.
TASK 1
P1 Various sources of law that an enterprise needs to comply
English legal system work with the aim to make the world a place free from
discrimination on basis on gender, culture, colour, age and on any other basis in order to
decrease the number of issues faced by people due to this. One of the main focus of English legal
system is to design rules and regulations that support business organisation in deal with the
issues and problems arise during carry out commercial activities. English legal system is divided
into two major parts known as criminal law and civil law (Beatty, Samuelson and Abril, 2018) .
Final decision is taken by Supreme court in this system as it is known as the apex body. Every
part and whole legal system of Europe is control regulate by Supreme court and one of the main
aim of this is to prevent genuine and innocent people from exploitation and illegal activities. Day
to day operations of residence and crime related activities are deal by various bodies of English
legal system. Different sources of law introduce various laws and introduce different acts in
order to deal with various type of situations. Main sources of law can be understood by the
following points: Case law: Large number of activities take place in life of an individual that disturb them
and at the same time are not seem as good for the society (Blount and Nunley, 2015) . To
deal with these type of situation, different legal bodies are there that create law and rules
to deal with activities and actions that are good for the society and its people.
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Constitutions: This is known as one of the major source of law, various rules and
regulations are develop by constitutions that support business enterprise in execute all
operation in an effective manner (Disch, 2016). One of the main benefit of this is that it
guide manager to deal with the problems that increase complexity of business entities.
Government encourage development of different type of laws to control business
operations and to find a better solution of problems.
Parliament: Under this, all members of general assembly to defend individuals of society
from any kind of problem. This provide ground to business firms to deal with the issues.
All these are the major source of law that develop various rules and regulations which
support enterprises in identify the effective solution of problem. One of the major focus and aim
of all this is to make the world a better place and without any kind of issue.
P2 Role of government in law making and statutory and common law
Government is known as a major player in creation of law as this provide various
grounds to deal with complex issues and at the same time improve performance of business
entities. Process of analyse laws in very lengthy and complex process and large number of
individual remain involve in this. At first, a proposal covering the major purpose of develop law
is formulated. Then that proposal is transformed into bill which support in get consent from all
significant parties of parliament (Kubasek and et. al., 2015). A bill can be a private bill or can be
a public bill.
Every business enterprise either small, medium or large remain responsible to operate as
per the rules and laws. All this help in manage business operations and at the same time remove
the grounds of arise conflicts. Ignorance of these laws results in either a legal action or penalty.
Mainly, common and statutory are the laws that affect the actions and decisions of a business
enterprise.
Common law: This is known as a element of legal system that is obtained from decisions
of courts and tribunals. Application of this law remain vary as per the customs of a particular
area. This law is apply when a disagreement take place in two or more than two parties, in this
court examine the past decision given by court (Robson, 2015). This help in find a effective
solution of problem.
Statutory law: These are the specific laws that remain written and imply by the
executive. A process is follow to develop these type of laws. Under this a bill is propose by
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legislative. After that bill is passed through various stages in order to get the consent of all
parties before present the same before Royal assent. This is analyse by all judges and then
become an act.
TASK 2
P3 Contract law and employment law and its impact on business
Large number and various types regulations and laws are there that require to be follow
by business enterprise for complete all activities in adequate manner. This help manager in get a
control over all activities and at the same time help in expand operation in other areas (Crane and
Matten, 2016). Form various type of laws employment and contract laws are the major one that
impact on business operations. Contracts as known as an essential part of every business as this
is the one which highlight roles and responsibilities of parties and at the same time bind time to
do the same. Major laws that require to be consider by evert firm are as follows:
Consumer Protection Act, 1987
Consumer Safety act, 1978
Consumer Safety (Amendment) act, 1986
Employment Rights Act, 1996
CPA, 1987 define the liabilities of a producer towards all the customers if any damage occur due
to defective products. Another act called Consumer safety 1987 deal with empowerment of
Secretary of State for Trade to develop rules and regulations related with the products with the
aim to reduce risk. According to the 230 section of employment act, a worker is known as the
one who work in following:
A contract of employment
Any contract either express or implied, oral or written in which he remain liable to
perform his role.
Contract law affect business entities of an entity and to determine its impact, it is very essential
for business entity to first understand the major principles of a legal agreement. Acceptance,
form, offer, contractual intention and consideration all are the major principles of a valid
agreement.
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TASK 3
P4 Appropriate solutions for range of business problems
European Business School of Management have carious schools in major cities of
Europe. EBSM decided to establish a School in London. But this is not a easy task, various
factors are there that require to be identify and examine by firm (Eren and et. al., 2012). Major
factors that affect activities of an enterprise are political factors, technological elements and
many more. For establish a new school in London, different issues are there which will be face
by EBSM: Funds: For establish a new school or for carry out business activities in new areas, every
business organisation require funds. It is very essential for EBSM to collect funds so it
can establish a new school. Proper planning: For attain desired objectives, it is very essential for firm to do
planning. One of the main benefit of planning is that it help in allocate funds and
equipments in right manner and at the same time ensure maximum utilisation of all
resources.
Employees: Today, staff members are known as one of the most valuable assets of every
enterprise and their actions largely affect the success and failure of business enterprise. It
is very essential for EBSM to have adequate number of skilled workers so they can
establish a school in London.
P5 Justifications for use of legal solutions
For solve the issues or dispute that arise between business firms during carry out
commercial activities, it is very essential for firms to take suggestions from legal bodies. It is
very essential for EBSM to sign contract from all the parties which will provide site
maintenance, office furniture and computer services to it. This will bind all the parties to perform
their roles and responsibilities and will support EBSM in establish a new School in London.
Further this will reduce the grounds of rise disputes among the parties and will add effectiveness
in whole process. In this way EBSM can develop a school in London and at the same time can
attain its objective.
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TASK 4
P6 Solutions based on country's legal system
European Business School of Management decided to establish a School in London. For
this it will enter into number of contract with other companies that will provide offer furniture,
computer services and site maintenance (Grundfest, 2010). If a dispute take place between the
parties then for settle the dispute outside the court following are the main methods which can be
use by these parties. Arbitration: This method of alternative dispute resolution help both parties to express
their opinions and views to the other individual known as arbitrator. That individual can
be a expert in deal with the issue related with dispute and can be the one who provide
better solutions to the issues. Both the parties have an opportunity to choose the arbitrator
as per their own choice and the decision given by arbitrator is known as the final decision
for both the parties. In last a reward is given to dispute party and after that he cannot
appeal in future against the given reward. Negotiation: This is one of the another method of ADR and this is one of the simple
method to resolve conflicts. Individuals involve in the conflict resolve the same on their
own end (Grundfest, 2010). This help in reveal best solution and at the same time save
time of both parties. Mediation: An individual is appoint by both the parties involve in conflict. That
individual work with both parties to better understand the problem and to find a effective
solution. At last a agreement is sign by both parties. Conciliation: Under this an individual called conciliator is appointed to solve the issues
of individuals.
Med Arb: This method is similar to medication and is use to find a efefctive solution of
problem.
All these are the major strategies come under ADR. One of the main advantage of use these
method is that it save both time and cost of parties.
CONCLUSION
From the above given information, it can be summarised that a business entity require to
comply with different laws sources of law in order to execute business activities and while take
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decisions. Government play a essential role in making role and various laws such as contract law
and employment law all affect business activities. One of the main benefit all rules and
regulations develop by legal bodies is that it help business firms in deal with the issues and at the
same time help in provide better solution which increase effectiveness of business operations.
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REFERENCES
Books and Journals
Allen, W.T., 2017. Our schizophrenic conception of the business corporation. InCorporate
Governance (pp. 79-99). Gower
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Business law and the legal environment.
Cengage Learning.
Blount, J. and Nunley, P., 2015. Social enterprise, corporate objectives, and the corporate
governance narrative. American business law journal.52(2). pp.201-254.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Kubasek, N. and et. al., 2015. Dynamic business law. McGraw-Hill Education.
Robson, R., 2015. A new look at benefit corporations: Game theory and game changer.
American Business Law Journal. 52(3). pp.501-555.
Crane, A and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Eren, S.S and et. al., 2012. Caching message fragments during real-time messaging
conversations. U.S. Patent 8,255,473.
Grundfest, J.A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law. The Business Lawyer, pp.361-394.
Online
Alternative dispute resolution (ADR). 2017. Available through
<https://www.citizensadvice.org.uk/consumer/alternative-dispute-resolution/settling-
out-of-court/>.
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