An Analysis of Business Law: Sources, Impact and Dispute Resolution

This report provides a comprehensive overview of business law, covering various sources of law including primary sources like legislations, case law, and the constitution, and secondary sources like encyclopedias and legal books. It explains the role of the government's legislative, executive, and judiciary branches in law-making, differentiating between statutory and common law and their application in justice courts. The report evaluates the effectiveness of the English legal system, highlighting recent reforms and developments in criminal and civil law. It further illustrates the potential impact of company, employment, and contract law on businesses, differentiating between legislation, regulations, and standards. The document also explores different types of business organizations and their legal formation, management, and funding, providing recommendations for legal solutions to resolve disputes and comparing different sources of legal advice and support. Desklib offers additional resources for students studying business law.

BUSINESS LAW

Table of Contents
INTRODUCTION ..........................................................................................................................4
TASK ..............................................................................................................................................4
P1 Explain different sources of law ...........................................................................................4
Constitution: This is that kind of framework which helps in protecting legal integrity over
laws formed within a country. Also it protects fundamental rights of citizens. .........................5
P2 Explain the role of government in law-making and how statutory and common law is
applied in the justice courts.........................................................................................................5
M1 Evaluate the effectiveness of the legal system in terms of recent reforms and
developments...............................................................................................................................6
P3 Using specific examples illustrate how company, employment and contract law has a
potential impact upon business...................................................................................................6
M2 Differentiate between legislation, regulations and standards to analyse potential impacts
upon business..............................................................................................................................8
D1 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................................8
P4 Explore how different types of business organisations are legally formed...........................9
P5 Explain how business organisations are managed and funded with advantages or
disadvantage of an organization................................................................................................10
P6 Recommend legal solutions for resolving a range of disputes using examples to
demonstrate how a party might obtain legal advice and support. ............................................12
M4 Compare and contrast different sources of legal advice and support for dispute resolution.
...................................................................................................................................................13
CONCLUSION .............................................................................................................................13
REFERENCES..............................................................................................................................14

INTRODUCTION
Business laws means those rules which makes business enhanced through efficiency and
proper legal process. These laws helps in making sure that an business organization makes all
kinds of rules and regulation formed in more organized manner. Such laws leads upon making
sure that proper framework has been developed in relation over formation of business
organization in more effective manner. These laws makes business organization achieve its goals
and objectives with more consistency. Further various other aspects is been covered in relation
over business organization. Also business laws are known as commercial and corporate law
which since it deals over various kinds of activities related to business processes. The file covers
I relation over various sources of law with government role in law making. Also in this different
kinds of business organization is been explained with there advantages and disadvantages. Then
ADR is been covered in the end.
TASK
P1 Explain different sources of law
Laws are those set of rules that has been formed in order to makes sure that all rules and
regulations formed helps in protecting society in more effective manner. Law act as one of the
most important part of a legal system and helps in attaining knowledge through various sources
covered within it. These sources are based upon information provided over maintaining
discipline and order within society. Such sources are of two types primary and secondary sources
and has been explained as follows:
Primary sources: They are the sources which provides first information regarding law
required to be developed within a country. Also It is considered as fresh source to form law.
These sources has been explained as follows:
 Legislations: These are one of the most important sources that has been used in order to
make sure that law formed by government is been formed with the help of proper process
used in its formation. In UK legislation formed is based upon three reading process which
makes sustainability attained within various business process(Di Martino and et. al.,
2021).
 Case law: They are one of the most important legislation and has been formed with the
helps of judgement passed by judges that makes new law with more relevancy formed.

These sources acts provides information regarding law through facts and issues arising in
case.
Constitution: This is that kind of framework which helps in protecting legal integrity over laws
formed within a country. Also it protects fundamental rights of citizens.
Secondary sources: These source provides secondary information which is generated from
primary sources. Such sources explained as follows:
 Encyclopedia: In this all kinds of legal definition related over law is been covered. It
helps in understanding about basic definition of law.
 Legal books: It helps law students in attaining command upon subjects which is related to
law in more effective way. Also these books covers explanation regarding law.
P2 Explain the role of government in law-making and how statutory and common law is applied
in the justice courts
Under English legal system there are various kinds of aspects which is been used by its
three organs playing main role in law making of UK. These organs are legislative, executive and
judiciary. Further explanation has been provided as follow:
 Legislative: These is one of the most important organ which is been used in forming
legislation regarding law. They are been formed with the helps of proper process that
includes House of Lords and House of Commons. In the end royal assist is provided for
making a bill become complete law(Di Martino and et. al., 2021).
 Executive: They are those individuals given responsibility over making sure that laws is
been executed in more affective manner. Also power of delegated legislation is been
provided to them which makes powers to be divided through sub legislation. As per this
power divided within other bodies like tribunals for ensuring smoothness within the
process of justice.
 Judiciary: They are third most important organ which has been given power to protect
constitution and fundamental rights of an individual. In this judiciary can also seek into
matters where legal assistance is required or solution has to be marked out in relation
over issue that has taken place.

Then there are two main laws that is been provided by English legal system that is
statutory and common law. Further they are discussed as follows:
Statutory Law: Such legislation acts as permanent law which has been given by the
government of UK. In these legislation permanent law is been given over acting upon particular
situation. These are applied in court only when trial is conducted.
Common law: These are those laws that is formed through passing of judgement with
the help of judges. Such laws makes relevant case laws used for reference over covering
loopholes within an law. Court applies such laws only when special circumstances takes place.
M1 Evaluate the effectiveness of the legal system in terms of recent reforms and developments.
English legal system has been formed through using various kinds of laws that covers
about different aspects within United Kingdom. Laws formed is based upon two main laws that
is criminal and civil law. In criminal law public at large is been affected by various elements of
crime. Also aspects regarding crime with is elements is required to be identified. These laws is
been handled with the help of criminal code of conduct used within UK. Also these laws helps in
controlling crime in more affective way which makes punishment provided for criminal law.
Under civil laws aspects related to wrong committed by an individual is covered. They are been
controlled by civil code of conduct. In this cases related to property, contract and tort is covered
within it. Civil law is handled under civil code of conduct(Laufer, 2017).
P3 Using specific examples illustrate how company, employment and contract law has a
potential impact upon business.
In order to make sure business organization develop proper working environment
different laws is been used for improving it. These laws has been explained as follows:
 Company law: These are the laws that helps in developing framework formed in order to
make sure all rules and regulations has been formed over creating different aspects
leading over guiding companies regarding formation of proper network which makes
business organization operate within various factors leading towards formation of
organization in correct manner. Company law helps in enhancing various processes
within an organization by making incorporation done in more affective way. These laws
are covered within Companies Act 2006 the act has been formed to deal over certain
important aspects present in an organization such act makes sure that process of

incorporation used by an organization is simplified and all complexity is removed from it.
Then the act covers about duties that is possessed by directors working for an
organization. Also the act made memorandum of association and article of association
formation mandatory for an organization over establishing itself. This can be understood
with the help of example ABC Ltd is required to incorporate CV ltd within market. So,
for this purpose companies act can be used as it helps in reducing any kind of legal issue
which can be faced by the organization in more effective way(Armour and Enriques,
2018.).
 Contract law: These are those laws that is based upon agreement formed between two or
more than two parties. Such law work over various kinds of aspects which makes an
agreement become contract. It can in written and unwritten form or holds both expressed
and implied nature which makes contract established within parties. Also such laws
contains various kinds of elements that are offer, acceptance, obligation, legality and
validity that makes contract be more valid in nature. In offer only idea over making
contract is been presented by one party to another, acceptance under it idea presented is
been accepted by other party, obligation which makes rules and regulation formed within
parties after having mutual discussion. Then comes legality which makes obligation
attain legal value in relation over contract created. In the end validity over contract is
observed which makes contract based to be legal in nature. Contractual laws are most
appropriate law formed over making agreement turned into contract but an contract
cannot be considered as an agreement. This is understood with the help of example ABD
Ltd and PDP Ltd willing to come together for making agreement of supply between
them. So, for this purpose contract laws is to be used(West and Buckby, 2020).
 Employment law: These are those laws which is focused over making rights and duties
of employees marked out regarding there working within an organization. Such laws
makes tripartite relation formed between employer and employee that makes strength to
be attained from it. Also the laws are focused upon making framework formed in relation
to employees contract, there rights and duties. Such law deal with trade union and labours
also known as labour law. Certain legislation exists which has been formed regarding it

that is Employment rights act 1996, Minimum Wages act 1986 and Equality act 2010. All
these legislation makes employment laws work in more effective way. Employment law
makes all kinds of laws cover about different elements making employees exploitation
avoided in more effective way. For example Vran is an employee which has been
harassed by senior over showing rude behaviour towards gender. So, in this case equity
law can be used for suing senior management staff(Di Martino and et. al., 2021).
M2 Differentiate between legislation, regulations and standards to analyse potential impacts
upon business.
 Legislation: These are permanent law that is been used in order to make sure that
business operations is conducted in more effective way. Such legislation formed makes
business attain sustainability by protecting it from any kind of legal atrocities. Also law
makes all kind of aspects accomplished in more affective way. Legislation are legal laws
formed to keep working as per constitutional framework of an country.
 Regulations: They are that kind of rules formed by the management of an organization in
making various aspects covered in more effective way. Regulations formed is based upon
legislation regarding business law existing within an country like UK. Also they help in
keeping organization working regarding is process more effective in nature.
 Standards: They are based upon ethics to be followed within an organization over
different processes existing within an organization. Also the ethical code of conduct is
followed with more disciplined and organized manner.
D1 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.
In legal system of United Kingdom different kinds of laws has been formed which makes
development of society done in more effective way. These laws makes both criminal and civil
aspect covered existing within society. The legal system of UK has been making applicability of
law more effective in nature. Also laws formed in United kingdom is rigid in nature which
makes it very difficult to be applied within UK. Further laws has become outdated because of
lack of transparency. So, UK is require to upgrade laws by making transparency achieved within
UKs legal system(Dowd and Landefeld, 2018).

P4 Explore how different types of business organisations are legally formed
In United Kingdom two major organization exists that is unincorporated and incorporated
organization. Further explanation has been given as follows:
Unincorporated organization: These are that kind of organization that has been formed
easily and no complex process is involved. Organization comes within it are sole proprietor and
partnership that has been explained as follows:
 Sole proprietorship: This is one of the most simplest form of organization that is been
used for forming business organization. Under it only single owner is there and they are
known as sol proprietor. In this all kinds of process is been run by the single owner and
other activities is run by him. Also the owner of business keep all profit with itself. The
organizations is therefore entitled to keep all of the profits as income but will be liable to
pay tax and national insurance by filling out a Self Assessment Tax Return. There is no
maximum amount earn, but it can become less tax efficient in the higher tax brackets.
These organizations are formed without any complex method and only required to form
INHRC number for its registration. Also name is required only for commencing the
business(Giannetti, Pinto and Plescia, 2020).
 Partnership firm: A Partnership involves two or more individuals that agree to share in
the profits or losses of the business. They share the risks, costs, benefits and
responsibilities of running an organisation. Partnerships are referred to as unincorporated
entities in that the partners are self employed. They are personally responsible for the
losses or debts that the business undertakes. Each partner is also responsible or liable for
other partner’s negligence or misconduct. The profits or losses from a partnership will be
shared between the partners. This will be in the agreed profit sharing ratio and each
partner pays tax on their share of the profits. Such firm is been formed through INHRC
number and agreement is required only when legal work is involved within it(Hooper and
Holtbrügge, 2020).
Incorporated organization: The organization is been formed through complex process
that has been existing for corporate formation. In this two organization involved is private and
public organization. They are explained as follows:

 Private organization: These are those organization which has been operating in the
name of LTD in its end. Private organization are separate entity that makes its shares not
to be sold in public and has directors as its owner. Under such organization main motive
is based upon forming an organization within which directors are head of an organization.
To form such organization all required documents is required to be submitted over
Companies House(Iman, 2019).
 Public organization: They are those kind of organization which has public Limited in its
end and can sell or share debentures to general public. In these organization shares of
company is been sold to public. Also these organization makes various aspects covered
which is based upon its formation. In this organization long and complex process is
required for its formation. In this digital signature of all owners, members of
memorandum of association and other importation documents of required to be collected.
To become a public limited company, a business must have share capital of £50,000 or
more, of which at least 25% must have been paid up before the company can begin
trading. Public limited companies are also required to have at least two directors and a
company secretary.
 Joint venture: These are those kind of organization within which hybrid nature exists of
an partnership firm and private firm. Such venture makes two organization work within
rules and regulation set by there owners.
 Limited liability: They are that kind of business organizations formed in order to make
sure that investor investing within it is having only limited liability which has to be
performed as per investment made by them(Laufer, 2017).
P5 Explain how business organisations are managed and funded with advantages or
disadvantage of an organization
These organization mentioned above has various disadvantages and advantages which has been
explained with there management and funding as follows:
Sole proprietorship: These organization is been managed by the owner of such
organization which makes all decision regarding it. Funding of the organization is done with the
help of family members and friends. Certain advantages and disadvantages is been explained as
follows:

Advantages
 These organization is very easy to be formed and no complex process is involved within
it.
 Profit earned form this organization is been used by the owner.
Disadvantage
 At time arrangement of funds become very difficult.
 Also these organization is not legally bind to form contract which cam create issues in
future.
Partnership firm: Management of these organizations is done by partners only and has to take
care of all aspects regarding it. Funding is been done by the partners as per nature of business.
Advantages
 These organization is very easy to be formed and no complex process is involved within
it.
 Profit earned form this organization is been distributed between partners.
Disadvantage
 Conflicts can arise which results in dissolution of partnership.
 Partners may not agree to common point which can disturb profit earning
process(Lekmat,, Selvarajah and Hewege, 2018).
Private organization: Such organization is been handled by directors. Funding is done through
bank loans and debentures.
Advantages
 These organization considered to be separate from its owners due right of succession.
 They are formed through strong process which gives them long term durability .
Disadvantage
 Formation process is very time consuming and money involved is high.
 At time business organization of such type can create problem.
Public organization: Management of these organization is done by all the owners of business.
Funding if been arranged through financial institution of government.

Advantages
 These organization considered to be separate from its owners due right of succession.
 They are formed through strong process which gives them long term durability .
Disadvantage
 Formation process is very time consuming and money involved is high.
 At time business organization of such type can create problem.(MacKay, 2017).
P6 Recommend legal solutions for resolving a range of disputes using examples to demonstrate
how a party might obtain legal advice and support.
Alternate dispute resolution system is the process by which an parties come to common
point within an issues that has taken place between parties. It is that method used for solving an
issue outside the court. In this process certain methods is included that are negotiation,
conciliation and mediation. Further the method is one of the most commonly used method in
more impactful manner. ADR helps in marking out solutions regarding an issue in more affective
and impactful manner. This has helped in reducing burden of courts by solving case outside.
Further explanation has been provided as follows:
In the first case scenario it can be observed that advise has to be provided over different
business models available and show comparison of the advantages and disadvantages of each
model. In this case company law be used for understanding about various kinds of organization.
If not satisfied then negotiation can should be used for choosing particular kind of organization.
Then under second case contractual rights is to be explained within which contract law is been
used. Also in this mediation can be used for understanding about contractual obligation. In third
case employees right is to be explained covered under employment laws and if not solved then
arbitration can be used. (Moschieri and Santalo, 2018)
M4 Compare and contrast different sources of legal advice and support for dispute resolution.
There are various kinds of dispute that has been taken place on day to day basis over
handling of such disputes is done with the help of legal advice and legal solution explained as
follows:
 Legal advice: It is that kind of advice which is been given to parties by an legal
professional or legal advisor.
 Legal solution: This has been provided by lawyer or advocate after listening to all facts
and issue existing within a particular case.