Business Law Report: Applications in Company, Employment, Contract Law

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This report provides a detailed overview of business law, covering key aspects such as the sources of law, the role of government in lawmaking, and the application of common and statutory law in judicial courts. It explores company, employment, and contract law, illustrating their applications with examples. The report differentiates between legislation, regulations, and standards, analyzing their potential impacts on businesses. It examines the formation, management, and funding of different types of business organizations, assessing their advantages and disadvantages. Furthermore, it recommends legal solutions for resolving a range of disputes and compares different sources of legal advice and support for dispute resolution. The report includes an introduction outlining the scope of business law and a conclusion summarizing the key findings.
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Business Law
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
P1. Sources of law.......................................................................................................................3
P2. Role of government in law making and application of common and statutory law in
judicial courts...............................................................................................................................4
TASK 2............................................................................................................................................5
P3. Illustration of company, employment and contract law applications on business along with
examples......................................................................................................................................5
M2. Differentiate between legislation, regulations and standards to analyze potential impacts
upon business...............................................................................................................................7
LO3. Examine the formation of different types of business organizations.....................................7
P4. Explore how different types of business organizations are legally formed...........................7
P5. Explain how business organizations are managed and funded.............................................8
M3. Assess the advantages and disadvantages of the formation of different types of business
organizations................................................................................................................................9
LO4. Recommend appropriate legal solutions to resolve areas of dispute....................................10
P6. Recommend legal solutions for resolving a range of disputes using examples..................10
M4. Compare and contrast different sources of legal advice and support for dispute resolution
...................................................................................................................................................11
CONCLUSION..............................................................................................................................13
REFERENCES..............................................................................................................................14
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INTRODUCTION
Business law is the part of the dispute that governs the company's business operations. It
is useful for the regular and legitimate administration of the organization. Contrary to the main
legitimate directives, there are almost mandatory laws. This refers to the development of types of
companies which could be a partnership effort, coordinated among many others. In addition,
fines and similar penalties should be imposed in order not to violate any commercial law
agreements. At the end of the day, commercial law applies to the area of law that regularly
regulates trade. It must be understood that to achieve the objectives, there must be guidelines in
all cases. With this article that should be discussed, a collection of articles will also consider
whether it is necessary to demonstrate the change and what management will do within the
regulatory body. The article introduces the meaning of the legal system, the sources and the
ability of the legal team, along with the application of the law and previous law in court. In
addition, the different administrative structures of an organization and its leaders, together with
the way they are financed, have similar effects on management and management approaches
when dealing with corporate matters.
MAIN BODY
P1. Sources of law
England's political structure relies on a standard unwritten constitution with legal standards for
its printed component. This is part of common and reformatory departments with its own legal
structure. Several countries have seen it as a reason to realize their legitimate structure. A
number of standards and laws have been kept in mind for this foundation. He has developed and
expanded his field in many ways. There are several types of resources available in a valid
English framework to understand the use of the figures. Any of the examples are:
Primary sources- These sources are generally direct data in the basic, persistent or productive
structure. The following are given:
Case law- This is one of the most solid sources of options in a number of cases. They come
about to publish any investigation related to legal prerequisites.
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Legislation- There the administrative agencies that have made various types of open laws are
listed in hard copy for the piece of the Constitution. Statues and regulations for people living in
the UK.
Secondary sources: To make the law reasonable for each of them, information from key sources
is presented. These are:
Legal encyclopedias- The visualization of data on useful terminology is introduced in different
types of reference books with the aim of finding explanations to their advantage. The most
popular legal reference book is British and Welsh law in Halsbury.
Publications- These include the conversation, the presentations made by members of
Parliament. Many key components are represented on the laws to be prescribed. There is also -
hostile to parliamentary diaries, including tests given by government offices.
Law commission- To review the implementation office (an internal affair, a commission was
commissioned by the British government. They recommend and reinforce changes to the current
legitimate structure. There to think by individuals and the whole population.
Textbooks- These are the books that made up the teaching based in high schools. The language
used is being understood by various writers and so far is seen. It tends to be easy to examine by
an individual.
P2. Role of government in law making and application of common and statutory law in judicial
courts
The legislator is instrumental in promising that the country will transform and govern the
behaviour of individuals and societies. Their position was divided into three categories:
Executive role- This work is characterized by the control and application of national laws. The
queen, the prime minister and others from the office are in the workplace. The ability to manage.
Legislative role- There are two offices in the municipalities. The role of the Municipalities and
the House of Lords, whose task is to present the expenses in the council for the change of
functions. An enacted law will monitor the activity of the country's residents. There are penalties
just like the punishments that can be inflicted for incorrect behavior.
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Judiciary role- The work of the UK Court of Justice relates to the historical background of
various courts. Cases are at stake with the courts to make decisions that allow meetings to
determine the case. Therefore, it is the position of the rest of the individuals in the administration
to ensure a large number of courts in various fields to prevent delays in dynamics. The
experience of the statute law and the legitimate law in the legal courts will further clarify this
position. The next step is certification between the two:
Statutory law- This enactment is provided across the state in a fabricated facility. The statues in
this law affirm and guarantee the work of the residents in daily life. In the event that an
investigation cannot be resolved by the director or the designated authority, regardless of what is
before the board, it is possible that they will occur again to a large extent to investigate the
matter. If you commit a crime, the crime will be suspended at the time of the crime.
Common law- It is the enactment created by the judges, the courts and the courts' new choices.
The legitimate landmark also works on the philosophy of a legitimate landmark. The insurance
issue of the decision, consistent with this view, will be based on the recently issued sentence. In
that way, it would be optional. It could be governed by regulatory provisions. In many cases it is
inconvenient for this intention to see similar evidence unexpectedly.
M1. Evaluate the effectiveness of the legal system in terms of recent reforms and developments.
The legal framework is the means of proving and approving the law. Explain rights and
responsibilities in various ways. The three most important legal frameworks in the world are
common law, desert law and strict law.
The models could be the jury framework, which is a valid framework for deciding which cases
and problems lay within an application. The tax framework is also a legal framework for
evaluating and collecting costs and the selection framework is a legal framework for making fair
decisions. (Partington, 2019)
The United Kingdom has three different legal frameworks, one for England and Wales, Scotland
and Northern Ireland. They mirror the beginning. The English legal framework mostly rules
England and Wales.
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The United Kingdom has an unwritten constitution which demonstrates that there is no single
archive explaining the benefits of individual residents and how the government should be
involved. It consists of a collection of sources, some of which are created - as rules and others as
fixed screens as unwritten.
Westminster Parliament is seen as the unparalleled legal representative authority within the
constitution. Since 1999, troops have been handed over by the Westminster parliament to the
congregations of Wales, Cardiff; Northern Ireland, Belfast and the Scottish Parliament in
Edinburgh. However, other legal representative bodies, such as small congregations or
neighboring experts, derive their legal representative authority from the powers approved by the
Parliament of Westminster (Partington, 2019).
Constitutional reforms Act 2005
The Constitutional Reform Act 2005 was an Act of the UK Parliament that was isolated into
three sections. The principal improved the workplace of Lord Chancellor, the second made and
set the structure for a UK Supreme Court and the third directs the arrangement of Judges.
(www.legislation, 2019)
Legal reform 2005
The House of Lords Reform Act gets Royal Assent. It presents the guideline of abdication from
the House of Lords and takes into consideration the ejection of individuals in certain predefined
conditions. Bills and Legislation set out the recommendations for new laws and plan to change
existing laws that are introduced for banter before Parliament.
Stay up with the latest with the advancement of current and draft Bills before Parliament; read
the full messages of Acts of Parliament, and discover the subtleties of assigned enactment that
change laws under existing Acts. (www.legislation, 2019)
The impacts of the recent reforms and developments
Company act 2006
There will possibly be a few expenses emerging to any organizations who had been intending to
utilize an 'abrogation' plan of course of action however presently decide to update their takeover
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plan. These costs will be a blend of inner staff time and are related with getting outer expert
guidance on corrections to their takeover plans. It has not been conceivable to evaluate these
expenses because of the absence of vigorous information on both the quantity of organizations
that would influence and the measure of staff time that would be involved (www.legislation,
2019).
Small and Micro Business Assessment: Takeovers through “cancellation” policies are typically
used to get medium or large groups the smaller groups. The integration and discovery usually
comes from larger and increasingly specialized groups rather than smaller or smaller groups. A
number of side effects - including ecological impacts - have been considered to recommend this
measure and none have been identified as opposed to no movement.
To further update, authoritative and organizational responsibilities have been reduced by
maintaining a strategic distance from unnecessary duplication of effort in Companies House
reporting needs and by regulating the recruitment of organizations.
The changes taking place can affect many parts of group law, breaking and closing heads with
transition rates for the new careers to allow groups to change and reasonably agree on the dates.
Part of the special improvements will include penalties against organizations and their officers
for resisting. (James Marson, Katy Ferris - 2015)
TASK 2
P3. Illustration of company, employment and contract law applications on business along with
examples
The legitimate framework includes various types of laws that can be made to patent our
organization in the type of work. They are important for group administration by becoming a
legal part of the group. The results of these laws should be understood. The impact on the
organization is shown below:
Company law- The United Kingdom has the 2006 Act of Organization, which applies to
organizations in the country. There are laws that need to be seen from the very beginning to the
end (Act, 2013). Moreover, if a breach or malice is committed, revenge and control apply.
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Without listing with the pastry, it is not possible to build a business. It provides land to paying
administrators, designing MOA and AOA, collecting reservoirs and so on. For example, the
company must choose another leader who must be named in a separate directors' meeting
through the installation system. If this standard is breached, the company and its administrators
will be fined. Similarly, councilors can be trained to serve prison sentences.
Employment law- The law is intended as insurance against segregation for workers and their
injury. There are some resolutions, for example the law on equality, the law on work and health
and so on. In addition, people can work smoothly in a group. Several trigger events are still
reported, which are invalidated from all of these instructions to those used within the
organization. Candidates have been charged with overall performance for organizations that
honor their employees without choice. This point of reference constantly means providing
everyone with reasonable opportunities to prevent contradictions or problems at a certain level.
For example, if a staff member who works for a company is grieving, the person referred to will
see work for equality. This can affect both the personality of the brand and the maintenance of
careers.
Contract law- Organizational groups follow business understanding courses. Their laws and
administrative terms have been updated for understanding. In order to obtain legal action
accordingly, there are several fundamental components to concluding a valid agreement that
must be respected. This generally offers a reasonable difference to people who are animated by
consent. In the UK, no one is barred for this, and most agreements on trade in goods between
buyers and sellers are closed for business purposes. The Sale and Supply of Goods Act 1954 is
regulated in this way. If the administrative terms are breached, the entire agreement may be
released and no agreement on the agreement will be allowed. For example, a match plan was also
identified between A and B on the offer of products for which we have just cut half of the total.
A will not process the B material flexibly within the time allowed for it. In such a situation, B
may take special action against A before the courts.
M2. Differentiate between legislation, regulations and standards to analyze potential impacts
upon business
Main difference: Authorization is the rules and guidelines that social institutions work to
regulate behavior. These laws are made by government experts. Everyone, including private
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residents, rallies and corporations, just like big names, open links and institutions, should obey
the law.
Obviously; the indications that will do the best possible job for the public and maintain
consensus and sympathy among family members will be decided. In terms of definition,
guidelines are generally similar to laws. In any case, they can be contrary to the laws because
they are not flexible in the law.
The signs work by providing nuances (rules or requirements) for objects, attachments and
structures. The moment they are used reliably, they guarantee quality, wealth and efficiency.
They can present themselves as a sort of planned relationship that informs the topic referred to
(Roach, 2016).
LO3. Examine the formation of different types of business organizations
P4. Explore how different types of business organizations are legally formed
There are several types of business contacts that depend on authentic measures, size of the
organization and size of people. The types examined are below:
Different types of commercial affiliation depend on the building and its direction. These include
the sole proprietorship, the group, the lesser and the Capital Corporation.
1. Sole Proprietorship: It is a type of commercial company in which one has to deal with the
organization and suffer some confusion and frustration. The important points of this
organizational connection, it is established and closed in a sustainable way; it can make quick
decisions and work quickly on it, immediate progress and flexibility in the exercises.
2. Partnership: A partnership is a type of business organization where two qualified people at any
level are allowed to run an honest business and where they can share the benefits. The attacked
body is far from difficult to assemble and flexibility in its exercises. In society, countless
endowment funds are connected and best used with the help of a fair decision. In light of this, the
interests of a large number of customers are guaranteed by the misuse of clear individual data on
robots. Since all the extras come from partial earnings and misfortunes, they look into the
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category (Mayss and Reed, 2018). They have big obstacles: infinite risk, practicality, limited
capital, offer to discover and lack of understanding shared among supporters.
3. Co-operative society: It is a deliberate association of individuals who cooperate to promote
their budgetary benefits. It gives you quality and improves course. Partner registration is
intentional and open to all. It is close to its validity and is carefully controlled.
4. Joint stock Company: It is a corporate component where financial experts can buy and sell
associative shares. All financial experts offer a small part of the collection, which is controlled
by their offers (proof of ownership). Speculators can transfer their advice to others without any
impact on pushing forward near the collection.
P5. Explain how business organizations are managed and funded
Executives and management prerequisites depend on the size of the businesses and the amount of
agents operating under the owner:
Sole Proprietorship – This makes sense for a central group with low and mostly secure capital.
Associations that require work, such as hand knitting and craft machines, diamond setters, etc.,
are generally set up as collections of separate buildings.
Partnership – It is substantial in collaboration, offering real types of help, clinical groups, etc.
There are companies that need decent middle class capital. Frontier trade, potential
organizations, trading houses and a few creative units can function as a society (Kelly, Hammer
and Hendy, 2014).
Co-operative society – It is set up to deal with critical budget problems or to address problems in
the most protected areas. They are set up to get a minimum stock of effort, home improvement,
item offerings, promotions for people, and are sensitive to converting events, etc.
Joint stock Company: This type of relationship is limited by different people and legally limited
by regular responsibility and supervision. It has improved by acquiring or raising funds from
other non-monetary institutions (NBFC).
Some of the sources through which these organizations are funded and managed has been
discussed below:
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Loans: This option is best fit for those organizations which are at startup level and have regular
incomes. Firms chosen this option have obliged to pay regular interest to banks and money
lenders. It is funded by bank or other non financial institutions at decided rate of interest payable
monthly, quarterly, half yearly or annually.
Stock market: Also known as equity market; this option is suitable for large firms having
irregular income and have good future expectations for expansion and launching new product.
The only cost to the capital is paying dividend to share holders. It is funded through issuing
shares in the market.
Self finance: It is the owner’s capital which uses either to initiate business or fulfilling working
capital requirement for the business. These are funded by owner itself.
M3. Assess the advantages and disadvantages of the formation of different types of business
organizations
Advantages and disadvantages of different types of organizations:
Sole Proprietorship:
Advantages Disadvantages
Low beginning up and operational expenses. There's a big risk: the sole proprietor of the
owner alone is in danger of fulfilling the
promises
Sharing all benefits alone. Business has taken on the future; it brings with
it the life of the owner.
Having less guidelines and guidelines. Address problems while raising capital to
sustain the business.
Partnership:
Advantages Disadvantages
Go through the tax assessment Colleagues face a risk interpreted in terms of
similarities and commercial obligations.
Pretty simple to present Solitary confluence can damage individual
exercises and the properties of each facility.
It is best to use the capacity and quality of each
device.
Without the first objectives, the collection
ended with an instrumental inscription.
Fewer administrative jobs and legal restrictions Selecting one to use with or without the prior
approval of several sponsors can be disturbing
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for the sector.
Co-operative society:
Advantages Disadvantages
This article is selling a little as there is no cost
to promote it.
Since it has individuals for most low-paying
collections, capital can be absorbed in a limited
amount.
Record support costs, etc. And officials are
hardly there at all because people are being
beaten for their unpaid wages.
Due to limited budgetary resources, it is
appropriate to aspire to employ specially
qualified persons.
He will give his employees great compensation
and position.
It requires careful and serious consideration.
Joint stock company:
Advantages Disadvantages
The liability of shareholders is limited to the
direct price.
Efficiency is low and losses may occur due to
low interest of salaried managers.
More people are motivated to invest money;
hence more capital can be raised to run modern
industries.
The leaders of these associations and various
people in the administration have multiple
doors open for individual additions, because
they know the financial conditions of the
organization and can buy and sell shares in the
same way.
It comes under legal restrictions, so the public
has full confidence.
You need to establish multiple types of
subtleties to shape an organization. It is also
expensive and you waste extra time.
LO4. Recommend appropriate legal solutions to resolve areas of dispute
P6. Recommend legal solutions for resolving a range of disputes using examples
Case1: Gordon is ready to receive a salary for 2017; but also in 2015 and 2016. Starting from
this second, the franchise show is represented; each charged with ÂŁ 10,000 basic pay and 9%
commission. After that, there is no change in the agreement; similarly, Gordon and Fred have
only a verbal understanding of the compensation. Be that as it may, there is no notice under
license law and commercial law which; Gordon is allowed to defer payment. In addition, the law
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requires the society to pay producers the necessary salaries for their work and responsibility. In
addition, the insured must receive generous compensation in Gordon.
Case2: As evidenced by the law of contracts between customers and certain profits; the amount
must be paid after the whole establishment and the start of the organization. Comprehension
includes both the settlement package and the web and telephone lines. So far and soon, Janet
can't be blamed on web package design. In addition, both web packs and phone lines are deeply
connected; this means that the systems will not work without the phone lines. In this sense, Janet
does not risk paying the costs for a system that has not been used for a maximum of 3 weeks.
Case3: A deposit application can be used by those banks that have commitments of over ÂŁ 750
with the collection and the group has not responded after an ordinary resident association. Try
not to stop it from ending; various options are explored below:
1. Payroll Bank: In this option, taking into account the high part of advance, submitting a
request, it is possible to maintain a very good path from this scenario.
2. Deliberate course of action (CVA) negotiation: Likewise, Blackhorse may compromise
with its passive progressive leader and introduce the part later or may obtain a surplus of
the amount paid on the date agreed upon your credit.
3. Liability dispute: Can be used when Blackhorse has sufficient evidence that a money
lender's claim is non-fundamental.
4. Bonding: Blackhorse may also opt for an enhancement to meet the borrower's cash
progress.
M4. Compare and contrast different sources of legal advice and support for dispute resolution
Some of the sources of legal advice are discussed below:
Solicitor Referral Service: The Law Society of New South Wales operates this administration;
look for organizations that deal with similar issues and offer similar types of support. It provides
only labor advice, agents and managers defined by wage law and business contract law.
Community legal Centres (CLCs): It provides advice on legitimate issues, defined by the
Commercial Contracts Act, the Consumer Contracts Act and the Agency Act. It resolves all
questions relating to the terms and conditions of the contract.
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Arbitration ADR: The resolution of the ADR mechanism (another dispute resolution) in which
the included interrogation collections present their distinction to a single arbitrator or board of
private, independent and qualified "arbitrators". The referee will decide the outcome of the case.
Although it may be more accessible and accessible than expected, the approach to mediation
around responsibilities is marked. Some ailments involve risk loss, formal or semi-formal
principles of procedure and verification, as well as loss of power over the option may occur after
exchanging with the collections for a dynamic position to authority. The use of options allows
collections to lose the ability to participate directly at the same time. In addition, the parts at will
are bound by standard legal remedies that do not cover ingenious, imaginative or progressive
answers to commercial questions (Mann and Roberts, 2011).
Mediation: In this approach a mediator is appoint to resolve the dispute between two parties.
Conciliation: Conciliation is another dispute resolution process that involves building a positive
relationship between the meetings of the competition; at least it is a very basic stage, unlike
interventions and choice. The packaging of the strategy is used in common law countries, such as
Italy, and is a more common idea than an interventionist idea. Although packaging is commonly
used in employment and messaging matters, British judges support arbitration in a wide range of
debates. The "conciliator" is a loyal person who helps meetings by directing their exchanges and
directing them towards a good understanding. It is not usual to say that appeasement is far more
unsatisfactory; trying to find the right person who has been abused and trying to find the best
place to live.
Comparison:
Two popular approaches have been used to resolve a dispute these are; solicitors and ADR. The
comparison of these two has been done below:
Solicitors ADR
This is legal system and also time consuming.
Additional to this both parties required to
implement lots of money to pay as a fee to
solicitors or advocates for hearing of their case.
Parties take help of court to resolve their issue.
Also known as Alternate dispute resolution
approach under which dispute is simply
resolved through arbitration, mediation and
conciliation without paying any huge amount
to barristers.
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CONCLUSION
After reviewing the entire report; there is usually an interpretation that a law makes each method
unique and limits society immoral to the opening or direction of benefits. Likewise it discourages
creative organizations in difficult situations and destroys producers and opens up rights to
wealth. The demonstration of understanding makes it fundamental and fundamental to avoid
control between two different fields. People precursors build different types of cooperatives.
Some are important social hierarchies: buyer cooperatives, advertising creators, advertising
collaborators, private teammates, national partners and credit unions.
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REFERENCES
Books and Journals
Basedow, J., 2017. BREXIT and business law. China-EU Law Journal, 5(3-4), pp.101-118.
Beatty, J.F., Samuelson, S.S. and Abril, P., 2018. Essentials of Business Law. Cengage Learning.
Dimatteo, L., 2016. International business law and the legal environment: a transactional
approach. Taylor & Francis.
Ibp, I., 2017. Romania Business Law Handbook Volume 1 Strategic Information and Basic Laws.
Int'l Business Publications.
Jan, K. and Harm, W., 2019. A Basic Guide to International Business Law. Routledge.
Kelly, D., Hammer, R. and Hendy, J., 2014. Business law. Routledge.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Mayss, A. and Reed, A., 2018. European Business Litigation. Routledge.
Miller, R.L., 2016. Business Law Today, Comprehensive. Cengage learning.
Roach, L., 2016. Card and James' Business Law. Oxford University Press.
Partington, M., 2019. Introduction to the English Legal System 2019-2020. Oxford University
Press, USA.
Marson, J. and Ferris, K., 2015. Transposition and Efficacy of EU Rights: Indirect Effect and a
Coming-of-Age of State Liability, The. Bus. L. Rev., 36, p.158.
Online
www.legistaltion, 2019; Available online through: <http://www.legislation.gov.uk/ >
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