Business Law Report on Legal Framework and Solutions

This report provides a comprehensive overview of the English legal system, focusing on its sources of law, including statutory and common law. It examines the governmental role in formulating laws and legislation, detailing the legislative process. The report further analyzes the impact of employment and contract law on businesses, particularly in the context of Country Pine, offering insights into legal implications for self-employed workers, contract agreements, and potential business problems like employee disputes, discrimination, and customer dissatisfaction. It provides practical legal solutions for various business challenges, emphasizing the importance of understanding contract law, immigration regulations, and anti-discrimination acts to ensure operational efficiency and compliance with UK laws. The report highlights the legal framework for businesses, discussing the formation of companies, the role of directors, and the significance of various legal documents and tax registrations. The report concludes with a discussion on how businesses can mitigate legal risks and achieve their business goals by understanding and adhering to the legal requirements.

The Legal Framework and
Legal Solution

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Explaining different sources of law ......................................................................................1
P2 Governmental role in formulating laws.................................................................................2
P3 Impact of employment law and contract law on business ....................................................3
REFERENCES................................................................................................................................4

INTRODUCTION
Business law is the legislative body which regulates business and commerce and is often
seen as branch of civil law which deals both with issues of private law and public law. In this
context, the following report will demonstrate an understanding about the nature of the English
Legal System. The different sources of laws that the organisation needs to comply with will be
discussed in the report with context to Business Futures. The governmental role in formulating
laws and legislation will be evaluated and explanation of implementation of statutory and
common law in courts. The impact of employment law and contract low on business will be
determined and recommendations for precise solutions will be given for range of business
problems in context with Country Pine. Justification for the use of precise legal solutions will be
provided and eventually, laws which are meant to be followed in United Kingdom in order to
operate business will be identified.
TASK 1
P1 Explaining different sources of law
Nature of English Legal System: English legal system comprising mainly criminal law and
common law. England's most authoritative law is statutory legislation, which comprises Acts of
Parliament, regulations and bye-laws. In the absence of any statutory law, the common law with
its principle of stare decisis forms the residual source of law, based on judicial decisions, custom,
and usage (Maitland, 2016).
Classification of law
1. Criminal Law: The criminal law deals with offences and crimes perpetrates in the
societies at large. The law comprises fines, penalties and punishment for the perpetrators
who conducted offensive activities in the societies of United Kingdom. There are three
major areas which are covered by criminal law which are offences against the State,
offences against the person and offences against the property. The principle sources of
UK law are Statutes such as legislation from the UK parliament and devolved
parliaments (Ciger, 2015). The example of Statutes includes The Criminal Justice Act
2003, Official Secrets Act 1989, etc. These sources provide detail information about the
nature and purpose of the laws and legislation. By accessing through these sources, the
management of organisation would be able to get information about the laws easily and
efficiently.
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2. Common or Civil Law : Civil or Common law deals with issues and disputes between
private parties such as consumer and supplier, employees and employers or any injured
party sues. In short the law deals with offences other than criminal activities (Lancaster,
2015). The law safeguards human rights and provide protection and security to common
man living in United Kingdom. The key areas covered under the Civil Law are breach of
contracts, torts, negligence, nuisances, defamation and trespass. The sources of Common
law includes Statutes and ordinance passed by the parliament of United Kingdom.
Evaluation of English Legal System
Illustration 1: UK court structure
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UK court composition: The courts in United Kingdom consists of UK's Supreme court, Senior
Law Court of England and Wales, Law court of Petition, High court and crown law court. Supreme Court: It is the apex court in United Kingdom which hear cases passed by high
court and court of appeal. High Court: It is classified into three divisions which are family division, Chancery
Division and Queen Bench. High court hear cases appealed from civil court. Country Court: The court deals with most simple to most complicated civil cases. In this
court cases are heard by judges without jury. Crown Court: The crown court deal with indictable, criminal and other cases which is
usually transferred by magistrate courts.
 Magistrate Court: This court deals with criminal cases.
P2 Governmental role in formulating laws
Government play crucial role in transforming a bill into a law. Laws are formulated to
protect the rights of individual and maintain peace and discipline within the countries
(Legislative process: taking a Bill through Parliament. 2013). Law generated from an idea,
which transforms into the bill and with the consent of majority eventually becomes a legislation.
In this context, the legislative process and governmental role is described below:
1. The decision to legislate: In each Parliamentary session the government will have a plan
of Bills which is also known as legislative programme. The Bills are consider at the
Parliament in each session and during period of elections some Bills passed and become
an act.
2. Preparation of Bill: If the Bill has been given a slot in the legislative programme, the
department authorise with the Bill will create a special team in order to coordinate its
preparation and passage to Parliament. Other key players includes officials, policy
makers and department legal advisors. They play vital role in making a passage through
which Bills can be presented in the Parliament.
3. Introduction: Although a Bill may have a slot in the legislative programme, it cannot be
introduced until it has been specifically cleared for introduction by a meeting of
Parliamentary Business and Legislation Committee (Ciger, 2015). Before introduction
some Bills are published in draft for consultation. The Bill has been discussed and
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scrutinised at different level and committee make precise recommendation in order to
make improvements in Bills.
4. Parliamentary stages: The government plays crucial role here where they make
amendments to Bills. This stage is further classified in into first reading, second reading
and third reading. The Bill has to go through all the stage in order to become a
legislation.
5. Royal assent and beyond: A Bill that has passed by both the Houses becomes law once it
has been given Royal Assent and this is signified to Parliament. This is the last stage of
the legislation process where a Bill becomes a law.
P3 Impact of employment law and contract law on business
In order to expand business, Country Pine needs to understand the impact of employment
law and contract law. The impact is described below: Employment Legislation: As workers in Country Pine are self employed, employment
rights and laws doesn't cover them. According to English Law, self employed are those
entities who run their own business and own all the assets and liabilities (Andrews,
2016). Albeit, all the employment legislation will not cover the protection of workers of
CP, they still have protection for health and safety and protection against discrimination.
In order to reduce the legal uncertainties, the management of CP needs to designate them
employees. Contract Law: The contract law include purchase, selling, reselling or rendering services
done by the business organisations. As CP desires to expand its business operations, the
management needs to consider about the legislations and regulations for making or come
into contracts (Craig, 2016). Breach of contracts can results in huge penalties, fines and
even imprisonment. Thus, it is important for the management to follow all the laws rules
and regulations efficiently.
Plan to understand the nature of a business agreement
Before making agreement, one must have adequate knowledge about contract laws. One must
read the offer before making agreement. After reading and accepting offer, one must make
agreements and must record it as an evidence. In this way, individual will be able to avoid legal
consequence.
explain what elements make up a legally binding agreement
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The elements that must be construct to depict the formation of a legally binding contract are
offer, acceptance, consideration, and mutuality of obligation, competency and capacity and, in
certain circumstances, a written instrument.
On the basis of the various laws and regulations like equality law and Act against the
unfair dismissal was taken in the consideration by the organisation that will help in the effective
management of the business operations and activities that will help the firm to carry out suitable
strategies to recruit and terminate an employee. This will also help the firm to identify the
employees and classify them as employed or recruited and self-employed. The effective
knowledge and identification of the status of a worker within organisation will help the firm to
carry out business activities in much effective manner.
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P4 Support appropriate solutions to various business problems.
Various business problems will be taken in consideration that will help in meeting the
needs and requirements of the customers as well as the clients to handle the different business
problems. This business problems can impact the overall productivity and profitability of the
company and may reduce its productivity and operational efficiency. The implementation of the
different legal operations that will help in meeting the needs and demands of the user that will
help in the significant rise in the operational capacity of company (Wu, 2017).
The nature of the company is the association of a firm to set the employing entity from
the workers that will help the firm to carry out the various operations. It helps the management to
separate the owners to get distant from directors and shareholders.
Various measures and steps are been followed by the form to set a Company which
involves the various operations such as follows:
 Setting up the firm: In this stage, the firm is been set by the founder members of the
firm.
 Choosing a company name: The management will look after the appropriate name like
Country pine to register their firm.
 Appointing directors: the firm will look after this process in order to have a good
functioning at the selected firm. They will manage all the operations of the selected
business entity.
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 Shareholders and shares: the shares of the company will be distributed among the
various shareholders that will help the firm to carry out the business operations in much
effective manner.
 Memorandum of Association: This is the collection and submission of all the legal
documents that will help the organization to carry out the business operations in an
effective manner.
 Registering for the Tax: This is the final stage that will include the firm to be registered
for the taxation purpose that will help the form to manage the business activities.
As CP want to work as the registered company, various issues and problems will be faced by it.
To curb that problems, a wide variety of legal solutions will be taken in consideration such as:
 Disgruntled employee's: the disgruntled or unsatisfied employee will lay a very deep
and significant impact on the operations of the company. It involves the various
operations like termination, not performing employee's. This dismissing and employee
without proper legal procedure may lay very significant impact and increase the chances
of legal actions. Thus, company has to look after better following of the contract law and
right against the unlawful dismissal at workplace.
 Discrimination and harassment cases: It is one of the major issue faced by the
organizations and is required to be handled with suitable care and understanding, Any
sort of sexual or economic exploitation will lay a very deep impact on the wide range of
operations which will leads to the requirements of meeting the needs and demands of the
employee's. The occurrence of any sort of incident regarding discrimination and
harassment may lead to decrease in the goodwill of the company (Rabinia and Ghanavati,
2017). CP has to look after the Anti harassment act and prevention of discrimination Act
in this context.
 Immigration details: The CP has to look after that the immigrant employee's working in
the firm are legally registered and has a work permit. The violation of the permit laws
will lead to increase in the legal problems and conflicts in the company. Thus, while
recruiting an employee on work, the company must effectively consider the immigration
laws.
 Dissatisfied customer: The non satisfied customer is also a bigger problem for an
organization like CP. The delivery of broken, damaged and spoiled product may cause
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the major impact on the operations of the company leading them to file a law suit against
the firm. Thus, the organization is required to take in consideration different consumer
protection laws and rights.
If CP becomes registered in market that will help the firm to effectively grow and
develop a good quality measures that will help in suitable rise in functional capability of the
organization and thus support an effective rise in operational capability and support the firm to
have a better sustainability in market. This will avoid any sort of legal glitch and restriction and
thus will cause the firm to gain a good capital and revenue in market.
P5 Justification for the use of proper legal measures.
The implementation of the proper legal measures will lay a very deep and significant
impact on the execution of the different operations at the work place. The proper implementation
of the different legal measures will help the firm in getting the appropriate rise in the operational
capacity of the company. Other than this, the following up of a wide variety of legal operation
will help in involving the different actions that will help in effective rise in production capacity
of the company. For instance, the adoption of the proper migration rule or immigration laws will
help the employee's as well as the company to work efficiently handling the various operations
which will help in suitable productivity and profitability of the company. Similarly, the adoption
and implementation of the proper anti harassment laws and anti discrimination rights will help in
better handling of the different operations which will help in suitable rise in the operational
capacity of CP.
Besides this, effective implementation of the measures like harassment laws will help in
improving the work condition and environment at the work place (Thym, 2016). Other than this,
the proper usage of contract laws will help the Cited business firm to take in consideration better
measures to avoid the unlawful or wrong dismissal of an employee's and have the control over
the disgruntled workers in the cited business organization. Other than this, the proper utilization
of customers rights act will help the firm to develop better and high quality product and services
to meet the needs and demands of the company. Thus, the proper usage of the various operations
and legal aspects or laws and rights of the company will help the firm to meet the needs and
demands of the company as well as its customers and improve the operational capacity and
functioning of the organization. Apart from this, it will also help the firm to avoid any sort of
legal issue or glitches sat the workplace.
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P6 Recommend solutions based on the local legal system and any other alternative solution to
problem.
As CP wants to resolve its issue with it polish timber provider in order to maintain its
productivity and profitability. The dispute between the cited business organization and the polish
firms is required to be handled as soon as possible in order to maintain the operational efficiency
of the company. As the legal measures are the time consuming process and requires lot of
economic resources, thus in this case, CP will look after the measures of Alternative dispute
resolution process preferably the process of Arbitration. It will involve a third party person
known as Arbitrator, who will listen the appeals and look after the aspects of both the conflicting
parties and will give pout the suitable resolution of the conflict between the cited business firm
and the supplier of timber to the firm. This will not only save the time and financial resources of
the company but will also help in improving the production capacity of the company (Cormack,
2016).
There are alternative legal measures like the proper setting up of contract, that can be
taken at the cited business organization to resolve the occurrence of any sort of issue at the
business organization. This is a time consuming process but will help the firm to meet the needs
of the customers as well as the organization.
The ADR or arbitration process will help in proper rectification of the legal problems
without the involvement of any legal body that will help CP and the polish supplier to save their
time and financial resources and meeting the need and demand of each other. This will alo help
in suitable rise in operational efficiency of cited enterprise.
CONCLUSION
Thus, it can be concluded from the report that proper legal measures are required to be
taken in the organization which will help in handling a wide range of legal operations and help
them to meet the needs and requirements of the organization. This will also help in meeting the
various legal aspects that will be taken into consideration by Country Pine.
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REFERENCES
Books and Journals
Maitland, F.W., 2016. Why the history of English law is not written. Library of Alexandria.
Ciger, S., 2015. Potential impact of the Rotterdam rules on certain aspects of the carrier's
liability in English law: a critical evaluation of the convention's treatment of delay,
carrier's sub-contractors and multimodal transport (Doctoral dissertation, University of
Bristol).
Lancaster, T.D., 2015. Book Review: Force & marriage: The criminalisation of forced marriage
in Dutch, English, and international criminal law.
Andrews, N., 2016. Sources and General Principles of English Contract Law. In Arbitration and
Contract Law (pp. 165-175). Springer, Cham.
Craig, P.P., 2016. The Legitimacy of US Administrative Law and the Foundations of English
Administrative Law: Setting the Historical Record Straight.
Dan-Cohen, M., 2016. Rights, persons, and organizations: A legal theory for bureaucratic
society (Vol. 26). Quid Pro Books.
Wu, Z., 2017. A legal framework for global joint copyright management in musical works: based
on Rawls’s Theory of Justice (Doctoral dissertation, Lancaster University).
Rabinia, A. and Ghanavati, S., 2017, September. FOL-Based Approach for Improving Legal-
GRL Modeling Framework: A Case for Requirements Engineering of Legal Regulations
of Social Media. In 2017 IEEE 25th International Requirements Engineering Conference
Workshops (REW) (pp. 213-218). IEEE.
Thym, D., 2016. Legal Framework for EU Immigration Policy. Browser Download This Paper.
Cormack, A.N., 2016. Downstream Consent: A Better Legal Framework for Big Data. Journal of
Information Rights, Policy and Practice. 1(1).
Online
Legislative process: taking a Bill through Parliament. 2013. [Online]. Available
through:<https://www.gov.uk/guidance/legislative-process-taking-a-bill-through-
parliament>
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