Unit 7 Business Law: English Legal System and Business Organizations

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This report provides a comprehensive overview of business law, focusing on the English legal system and its various sources, including legislation and case law. It explains the roles of government in law-making, detailing the process of how bills become acts of parliament and how statutory and common laws are applied in justice courts. The report further illustrates the impact of company, employment, and contract law on businesses, supported by specific examples to demonstrate their significance. It also includes an analysis of different business organizations. The report concludes with a discussion on alternate dispute resolution methods and their importance in resolving business-related conflicts. This report offers a detailed examination of key concepts and their practical implications within the realm of business law.
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Unit 7
Business Law
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INTRODUCTION
Business law is considered as a low of governs that happens in the commercial matters
which contain two types like regulation of commercial entities & regulations of commercial
transactions. Laws mainly evolved over the centuries & adopt the change in term of technology
& society. There are various laws and legislation comes under the business law that entirely
govern the working that contain company, contract, employment law & other laws. Every
company mainly working day to day transactions that is regulated by the contract law which is
an agreement that present as per to protect any kind of breach of contract. Basically employment
law maintains relationship between employer & employees & protects the rights from the
exploitation. The main motive of this report is to discuss about the English legal system and
various business organizations and also affect the business laws & alternate disputes resolution.
TASK 1
P1 Explain the different sources of law.
English law or is also known as common law which is considered as legal system of
England & Wales. This law is basically divided into civil law & criminal law. English law is
different because it is depend on apply legal precedent to the present & future decisions which
mainly made by the judges. There are two source of law which are discussed below-
Primary sources
Primary source mainly considered as the original source which are authoritative. This was
mainly include some factors which are as follows -
Legislations - These laws are basically formulated by the parliament that is authorized to
enact the law in the United Kingdom (Allen and et. al., 2016). This legislation taking
more place in all sources of the laws. There is not any written constitution in UK. This
legislation partly written & not even entirely codified. This legislation also known as the
statutory laws.
Case laws - It is contained as the one of the most famous primary source of law that are
decision of the court's and published in the publication that called law reports. These case
laws mainly include facts, decisions, issues, reasons & legal principles which consist that
decisions are based by judge. In term of reported decision which can be binding source of
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the law for the future and upcoming decisions. Subordinate courts judge also bound by
the decision of the superior court's judge which are also considered as a common laws
(Barrédy, 2016).
Secondary sources
This source of law contain as commentaries of the laws which involve some factors such as -
Legal encyclopedia - For the research in laws it involved cases, key facts & points &
specific issues that will aid in appropriate research. For instance, Halsburgs Law of
England & Wales.
Parliamentary & non parliamentary publications - It considered common papers, House
of Commons, debates of parliament, House of Lords papers. Non parliamentary
publication involves consultation papers which contain government agencies &
departments, government & legal reports.
Law journals - It can maintain the specific areas of laws. It also considered the mix
articles & case commentaries that can help in create the understanding about the legal
issues in details (Boldt and et. al., 2017).
Text Books - It is involved any legal topic and scenario which can be researched. Text
book mainly contain a comprehensive compilation of the contents in the branch of the
study. Text books can be produced to need the requirement of the educators. Text books
mainly written by the specialist academics for the students. For instance, Smith and
Hogan's criminal laws.
P2 Explain the role of government in law making & how statutory & common law is applied in
the justice courts.
Parliament is a platform where each and every government politicians can meets &
decide to formulate the laws & take specific decision for the working of the country.
Government can considered the bill in two houses to formulate the laws. Bill can be considered
as the new idea and a draft of the new laws & changes in existing law. Bill can be proposed in
house that involves House of common and House of Lords. There are various considerations are
involved which can help in examine , changes and proposed the bill. These stages are helpful to
pass the bill to make the law which are discussed below - First reading - In this stage, bill is arrived & name of the bill can be read.
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Seconding reading - In secondary stage , debate & discussion can be the key
considerations of the bill. There is no vote considered in this stage. Committee stage - In this stage, detailed & appropriate scrutiny can be done
systematically & change can be suggested by its members. Voting can be done whether
the changes in bill address or not (García- Álvarez, and et. al., 2018).
Report stage - This stage is all about the reporting stage which can address some changes
in the bill and all the voting can be complete whether the changes are required or not. Third reading - This stage is all about maintaining the final chance for the amendment
which are given. The main purpose of this stage is to close the specific loopholes in bills. Consideration of amendments - This stage considered the process that is completed if
the Lord's have addressed the changes. It can send to the commons for agreeing so that
they may accept & reject it & some common changes can be provided to the Lord's.
Royal assent - This stage determined that when these houses can pass the specific bill
then it can sent to the monarch for the approval , when the approval process is considered
then it becomes ban act of the parliament (Holgersson and van Santen, 2018).
Application of common and statutory laws in justice courts -
Basically common law is considered law which made by the judges. This law enforced
by the equally in the entire country. The doctrines can bind & inferior courts which can bind to
follow precedent of the superior court. This is also known as the ' court of records'.
Hierarchy of courts in UK legal system are divided into 2-
Subordinate court - It is mainly contain of magistrate court and it can hears the minors
criminal cases. In term of Youth court, it hears the cases of the offends from the age of
the 10 to 17 years. In term of family proceedings court, it can be deal with the family
matters. In context of country courts, it mainly deal with the civil cases.
Senior courts - It is consist of the court of appeal, it can be replaced by the Supreme
Court. In term of high court of justice, it cans appellant court in context of civil &
criminal cases. It contains three divisions like Queens’s bench, family division &
chancery. In respect of the Crown court, it can maintain the original & appellant
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jurisdiction of the civil & criminal cases. In term of Supreme Court, it is like a final court
appeal for the civil & criminal matters (Holloway, and et. al., 2017).
Statutory laws made by parliament that is also called as legislations. Judges can apply all the
legislation in each and every case & through their specific skills, knowledge & laws , the
decisions can be taken in every case. Statues can be interpreted with the help of common law &
principles & in case of the disputes among the common & statutory laws and common law is
about to prevail (Peterson and et. al., 2016).
TASK 2
P3 Illustrate, using specific examples, how company, employment and contract law has a
potential impact upon business.
Law or is considered as the set of rules which formed by the government that can help to
protect the business, employees and consumers. Demonstrate the relationship between the
employer & employees. Every business needs to maintain and follow appropriate laws which can
ensure the smooth functioning of the business. There are various legal actions, procedure,
restrictions and penalties etc considered on the business if it does not specifically compel which
set of laws & norms (Keay and et. al., 2020). There is various legislation mainly in enacted for
the businesses. The impact of the various type of laws & act on the business in given below -
The Contract Act - This act can provide impact on business activities because it involve
buying and selling of the product and services. For the business transaction, it is
necessary two legal binding contracts between all the parties so that nobody can bear the
loss. This act is helpful to protect the rights of specific parties and appropriate to regulate
the legal obligations among the parties & give them remedies in case of bridge of the
contract. Contact is helpful in every transaction which makes easier business activities.
Every contract depends upon the legality & enforceability and follows some set of rules.
In any unforeseen conditions it may occur in any transaction, contract act is helpful to
take the legal actions which can useful to prevent the loss of the business or parties. It can
help full to prevent from legal rangers and protect the unnecessary race. This act is
basically beneficial for the business parties which are engaged with this act
(Mirzaraimov, 2020).
Employment Law - This law is also important legislation which can impact on the
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business directly. This law is mainly formulated to protect the the rights of the employees
and save them from the exploitation. This law focus on the the rights of the employees at
the workplace like recruitment, discrimination, salary, wages and working condition.
Under this legislation there are various laws are enacted to protect rights of the
employees like National Minimum Wages Act 1998, this act give minimum hourly rate ,
National Equality Act 2010, this act prevent from discrimination. Health & safety act
1974 , this act provide responsibility for employer and employees and keep the working
environment safe. Working Time Regulations ( 1998 amended in 2003), that plays limits
on the working hours (Mitchell, 2017). Companies Act - This is also a and other significant legislation which can help full to
incorporate the company why some set of rules and regulation and maintain the
transparency in the business. This act it is essential for the business aspect which can
helpful in association and dissolution of the company. This act provide all detail on the
management of company that can help full to maintain all the laws and regulation. This
legislation contains 1300 sections & 16 schedules that cover every aspects of the law
which is necessary for the management of the business.
On the basis of have a discussion about three laws and legislation, it can be identified that all
these legislation are essential for the management of the company its which provide potential
impact on the operations of the business (Ortolani, 2019).
TASK 3
Covered in PPT
TASK 4
Covered in PPT
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CONCLUSION
As per this report it can be said that legal consideration and business law is considered as the
branch of the civil law that regulate the working of specific business operations. Business law
considered the various legislation that is mainly enacted in order to maintain and regulate the
company’s law & partnership act & another factors. This report considered as the various form
of business operations that are legally bonded which involve sole proprietorship, companies, and
corporation and partnership firms. All these type of business organization can be managed &
funded by specific structure. This report also determines the arbitration dispute resolution and
also discussed about their four important types such as arbitration, mediation, conciliation and
negotiation. All these type of ADR can helpful to resolve the disputes and issues of the parties in
the business.
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