Business Law Report: Analyzing Legal Frameworks in Business

This business law report delves into the core principles of the legal framework governing businesses. It begins by elucidating the various sources of law, including primary sources like legislation and case laws, and secondary sources such as law journals and textbooks, providing a comprehensive understanding of the legal landscape. The report then examines the role of the government in lawmaking, detailing the legislative process and the application of statutory and common law within the justice courts. It further analyzes the impact of company, employment, and contract law on businesses, offering examples to illustrate their significance. The report also differentiates between legislation, regulations, and standards, assessing their potential impacts. Moreover, it explores the legal formation of different types of business organizations, their management, and funding, while also evaluating their advantages and disadvantages. Finally, the report recommends legal solutions for dispute resolution and contrasts various sources of legal advice and support. The report provides a thorough analysis of the legal aspects of business operations.

Business Law

TABLE OF CONTENTS
Business Law...................................................................................................................................1
TABLE OF CONTENTS.................................................................................................................2
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
P1 Explain and elaborate the different sources of law...........................................................3
P2: Explain the role of government in lawmaking 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
TASK 2............................................................................................................................................5
P3 Explain by using examples, how company, employment and contract law have the
potential impact upon business...............................................................................................5
M2: Differentiate between legislation, regulations and standards to analyse potential impacts
upon business..........................................................................................................................6
TASK 3............................................................................................................................................6
P4 Explore ways in which different types of business organisations can be legally formed. 6
P5 How business organisations are managed and funded......................................................7
M3: Assess the advantages and disadvantages of the formation of different types of business
organisations...........................................................................................................................8
TASK 4............................................................................................................................................9
P6 Recommend various legal solutions that are available to resolve range of disputes........9
M4: Compare and contrast different sources of legal advice and support for dispute resolution.
..............................................................................................................................................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................12

INTRODUCTION
Business law covers to be an important source of civil law, as to covers out am important areas
an element though which various business and the firms use to carry the business. It has various
laws that are being included in it they are like contract law, employment law, company law and
many more. As for all the business practises and to frame in an agreement there is being used the
help of contract law(Novák and Darmo 2019). Whereas, the employment law helps out to protect
the rights and the duties of the employees and the employers. It also helps out to regulate all the
laws and the regulations being made for the employees. This report will further cover all the
nature and various legal system that are being use in the business organisation, the impact of the
business law and with that various dispute resolution in order to maintain the proper business.
TASK 1
P1 Explain and elaborate the different sources of law.
English law covers out all the rules which are being followed by all the legal system that
governs out all the civil and the criminal law that is being administered in the England and
Wales. There are various legal doctrines that are being considered in the civil law legal
system. Mainly there is being considered to be the part of various 2 classified source of law
they are as follows:
Primary source this is mainly the original sources which are being made in authoritative
and are as follows:
 Legislation- These are the law made by the supreme authority of UK. As there is no
written constitution in UK it covers various aspects through which all the law over
there are partly written and partly codified and legislation are the superior in law
making.
 Case laws- These are mainly the laws which are being made by the decisions of the
higher courts. These are mainly being published in the law reports, and the decision
of the judges is being taken into record and such decisions are the binding source of
law (Peterson and et. al., 2016).All the future cases and the laws are the important
decision as they being implied in all the courts and the judgement of the other
subordinate courts.

Secondary sources – This is mainly the commentaries of law and it covers the following
such as:
 Law Journal- It is mainly the case commentaries that help out in understanding and
elaborating the legal issues. There has been various articles and case that is being
covered in it.
 Legal Encyclopedia- In order to make a research in law this has been used as it has
all the key points and issues with various cases in all the research. For instance,
Halsburg's Law of England and Wales(Schwarz and et. al., 2017).
 Textbooks- It consists of all the legal matters and the topics that are being made for
the students as in order to make them learn better.
P2: Explain the role of government in lawmaking and how statutory and common law is applied
in the justice courts.
Parliament is an important area which maintains all the government and elected politicians to
meet as in order to decide about the law making as for the welfare of the country.
A bill is a kind of draft that is being made in order to change or frame the existing law.
As the bill is being proposed by the House f Common and the House of lords and there are
various stages for it which are as follows: First reading- In this stage bill is being introduced and read out. Second reading- In this all the discussion and the debate are being started of the bill. Committee stage- In this stage all the detailed scrutiny is been seen as their is being
checked that is there is need for any changes and the voting is being made throughout for
that(Miklian and et. al., 2019). Report stage- All the important changes are being made again as in order to maintain the
proper amendment. Third reading- In this stage all the loopholes are being covered so as to check out all the
necessary areas of changes.
 Consideration of amendments- As all the important changes is being made there is being
framed all the amendments and it will be sent to the royal assent in order to make it. If the
bill is being accepted then it will be changed. It is called as Ping pong.
 Royal assent- When the assent is being given then it will be sent to Monarch and will be
applied to whole of UK.

Common and Statutory laws in justice court
These are the judges made law and are applicable on whole of the country. They are
mainly being the law which creates the binding affect on all the inferior courts and are termed as
precedents in all the superior courts. It is mainly known as the court of records.
Hierarchy of court
Subordinate court They are the Magistrate's Court, which use to hear the criminal cases
mainly minor, Youth Courts, which deals with cases of 10-17 years of juveniles, Family Court,
they use to deal with all the disputes of family and the County Courts, covers out all the civil
cases.
Senior courts have the Court of Appeal, they are the Supreme Court. High Court of
Justice it covers the civil and the criminal cases and has various benches like Queen's bench,
Family division and also Chancery, Crown covers all the appellant jurisdiction of the civil as
well as criminal matters Supreme Court this is manly the final court of appeal.
The statutory laws cover all the laws that are enacted by the Parliament they are termed
as legislations. Common law helps in interpretation of the statues and the common law.
M1: Evaluate the effectiveness of the legal system in terms of recent reforms and developments
The common law legal system use to depend upon all the basic and the important areas like
the government, parliament and the legislation. As the law is the main and the integral part of the
company it uses to deal with all the essential areas and the methods. Though they have the
various different source of legislation there mainly applied the separation of power, rule of law
and many more. UK law embark to have both the civil and the criminal matters deal in it.
TASK 2
P3 Explain by using examples, how company, employment and contract law have the potential
impact upon business.
Law is being made as for the welfare of the individual in order to protect the rights of the
individual it is the set of various rules lie within. It tends to be working in business and
also in all the employment. In order to maintain law there consist of penalties and the
actions that will lie on all.
The Contract Act through this act both the parties who are in any terms of buying
or selling will be in a legal terms of agreement that is being binding on both. Contract law

helps the parties to protect their business as there is several remedy for the breach of
contract. There are 4 essential elements which are important in order to enter in a valid
contract.
Employment law this is mainly being made in order to protect the rights and the
duties of employees working in the organisation. As it helps the employee to work
safely and also protects the rights there are various rights being available to them they
are recruitment, equal pay, no discrimination, safe working conditions and many more.
There are various acts that are being made in order to maintain the rights like National
Minimum Wage Act, 1998, Equality Act, 2010, Health and Safety at Work Act, 1974
etc.
Companies Act It has various rules which regulates incorporation in the company,
transparency and conducts etc. It helps in maintaining the incorporation and dissolution of the
company. It protects several rights of the company and also provides a process and the manner in
which the entire organisation use to work. Thus, all three legislations contract act, the
employment act and also lastly the company act helps in managing business with framing the
functioning of the business.
M2: Differentiate between legislation, regulations and standards to analyse potential impacts
upon business.
The legislation use to be enacted as the law that are made by Parliament. They cover the laws
which form all the statutory law in the country. These rules are being setted out in order to
regulate all the laws in the country which are termed as regulations
All this helps out to maintain the law and order in the country and in order to maintain and
legislate the powers which are being important for all.
TASK 3
P4 Explore ways in which different types of business organisations can be legally formed.
All the business will have certain rights and liabilities in it. All the business will considers
to have financial structure, various lifespan and also the time period of their working areas.
There use to have 4 important business organisations covered in UK -
Sole Proprietorship

These businesses are being managed by the single owner and all the rights and the
liabilities use to lie on that person. The person will have to manage the business solely. All the
funds are being dependent on the sole proprietor and the registration is required at HMRC on the
name of the person(Ciepley 2019).
Partnership
In the partnership there are merely two or more than two partners are working together in
the company and they use to share all the liabilities and the assets together. With that all the
dissolutions and the important decisions are being taken together by them. Their use to be made
all the written agreements which help them out to maintain and create low certainty of the risk.
The registration in the partnership is also important.
Company
Such business organisation are usually complex as their have so many formalities in the
incorporation. All the company have the separate legal entity and they work out with the
perpetual succession and directors of the company use to run it with all their work and will.
Corporations
This has a unique entity and as it have identity separate from the owner. It contains
various contractual agreements and there by carries the perpetual succession that means all the
owners can come and go from the company but the corporation will remain forever.
Corporations are being enacted and made for the large business.
P5 How business organisations are managed and funded.
Sole proprietorship
All the business that are being run by them covers all the sole liability to raise the funds.
It means that all the funds and the money for the business is being raised by the sole proprietor.
They may either take money from the banks or can also take or put their own savings in the
money as for the benefit of the business (Baskerville and Baskerville, 2018).
Partnership

In all these business which are being managed by the partners the funds are being made
and framed by the partner and they use to carry all the business property. As all the liability and
the assets are the responsibility of the partners so they will have to raise the funds together. They
can either give the fund from their own savings or can also take money from any financial
institutions but all the debts and the liabilities on the money will be lied on the company or the
partners.
Company
All the board of directors use to manage it as their election is being made by the
shareholders in order to manage all the affairs in the organisation. They can take any decisions
for the company and as on being the owner they can even take the funds from the public
investors for the company order to frame the benefits(Claassen and Gerbrandy 2018).
Corporations
The directors are the owner of the corporations. All the funds are being raised by the
investors, creditors and the shareholders etc. And all the decision regarding the funding is being
taken by the directors. As they work accordingly by attaining the elected member and by
representing the members who use to work as their under (Wojcik 2019).
M3: Assess the advantages and disadvantages of the formation of different types of business
organisations
The business organisation can broadly be classified in 4 types,
SOLE PROPRIETOR- It have the single owner which deals with all the business and the
areas that are being important in the company. All the liabilities and the asset use to lie on
that same person.
Advantages
 Business is being, managed by the owner.
 Profit lies with the owner.
Disadvantages
 The debts lie on the owner.
 Business use to get liquidated o owners death.
2. PARTNERSHIP In such business their use to have two or more than two partner and all

of the use to share the profit and the liabilities lied in them.
Advantages
 Business is managed by two or more person.
 There will be just an agreement.
Disadvantages
 Difference lie in the opinion of the partners.
 If the partners leave company will dissolve.
3. COMPANY- It has the separate legal entity which has perpetual succession and all the
funds being raised by the investors.
Advantages
 Funds can be raised easily.
 It has less financial risk.
Disadvantages
 It has lengthy and complex incorporation.
.
4. CORPORATIONS It is distinct from the owner and covers the separate legal entity.
Advantages
 Funds raised in easy manner.
 Have unlimited lifespan.
Disadvantages
 They use to deal with double taxation.
TASK 4
P6 Recommend various legal solutions that are available to resolve range of disputes.
Legal solutions which helps people to solve dispute
The most important method that helps out in solving the dispute is the through
legislation. But as been seen that legislation is there by a time consuming process and it takes
there by so much of time and money in order to resolve the dispute and the relations or the terms
of the parties were also been affected by it(Yeoh 2019).
So there are certain measures which help in solving disputes. They are the alternatives which
were illustrated in Civil Procedure Rules, 1998.

Case 1
Legal Issue
Through the case scenario, there analysed that the main legal issue is that whether the
person Gordon is being entitled to request or ask for salary of various years 2015, 2016 and 2017
as with the terms and the conditions of the contract law and the employment law. As been seen
their is valid employment contract between Gordon and the variation clause was also accepted
freely by him.
Legal Remedy:
As being seen there is a solution which is Negotiation that is from the Alternative Dispute
Resolution is available for Gordon. As both the parties can negotiate and can take a win- win
situation by mutually agreeing on some same mount. And if both the parties agree then this will
be binding on both the parties and they will have to follow it(Chernopyatov and et. al., 2018).
Justification:
In this case, Gordon had agreed for all the varied terms that occur in the contract due to
all financial instability which were faced by the company. Now as when company is on good
position and also raised adequate funds, Gordon have the right to negotiate with them as for his
wages that were left unsettled in year 2015, 2016 and 2017. As negotiation, is the process
through which both parties will remain in the win win. Along with that as the parties need to
frame the binding affect so they can even sign the agreement. As there was a variation clause so
with the permission of Gordon the variation can be applied.
Case 2
Legal Issue:
This case has the issue that whether Janet was liable for paying the bill of telephone that
was even when the installation is delayed for whole month? And with that also the legal position
of the organisation and also of the consumer Janet. Through this scenario the issue was for the
contract that was between Janet and the Virgin media as the company has made the implied
contract though which it was clear that the service will be charged once after the installation is
made in the house of the person.

Legal Remedy:
In this scenario mediation can be use as the remedy for the party so as the third person
will hear the party and whole case and make a formal communication with making the voluntary
agreement. The solution given by the mediator will not be binding on both the parties and thus
just help the parties to understand the situation. Though both the parties will have to work as in
accordance with that by appointing a proper mediator( Kassoti 2018).
Legal justification:
As in this case Mediation is the proper solution as this will help the parties to get on the
proper solution by appointing the third person and that person will give the amicable solution.
Through that the image and the goodwill o the company is also protected and also with that all
the Janet will get the relief from the amount. As mediation will help out to maintain all the areas
and the benefits through it.
Case 3
Legal Issue:
This case scenario implicates that, the company’s legal laws and the working in the legal
manner is the matter. As the creditor was being fired to file up for the company s they were
failed to pay the amount. The organisation has recently faced the failure from their customers
who did not repay their amount and resulted in bad debts.
Legal Remedy:
In this case meeting the Arbitration is being suggested to the parties as there has been
seen all the dispute resolution can be maintained through it. This analysed the arbitrator is
appointed by the parties and that person will there by helps out to maintain and resolve the
dispute and all the award and the decision of the arbitrator is being binding on it. It is felt that
that the parties will have to select and also to frame that arbitrator will record the evidence and
make a binding affect on it.
Legal justification:
As the parties are in issue of winding up and they can there by settle the dispute outside
the court and also creates the binding affect on it as with the shorter period of time. This frame
out that all the parties will cover out the quick solution in the resolution. Thus arbitration is the
method which helps out to frame and settle all the arguments.

M4: Compare and contrast different sources of legal advice and support for dispute resolution.
The legal solutions are the most important art of all the organisations. As in order o maintain the
relation and a work environment where no ill treatment or any wrong activity takes place there is
important to maintain the legal areas. As through the help of alternative dispute resolution there
is been given the ways like it provides the method through which all the negotiation and the
various remedies can take place (Anderco 2018).
The lawyer are the professional and important person under all legal system where they
use to work as professional obligation in order to give the advice to the clients. All these advice
are given on some amount or even free of cost for the person who can’t afford it.
CONCLUSION
From, this above report it is concluded that Business law is an important branch that is from
the civil law as it helps out to regulate the business properly. There are various legislation which
is being enacted as through the company law, partnership act and many more. There has been
made various business organisations they are like partnership, companies and also the
corporations. All the funds and the structure of the company are being managed by the owner.
There have been various Alternative dispute resolution remedies available for all the parties as it
helps out to get the speedy trial and also to get the effective decision for the company as in order
to maintain the reputation and image of the company.