Business Law Report: Employment, Contract, and Legal Solutions

This report provides an overview of business law, focusing on its application to the Potato Council. It delves into different sources of law, including constitutions, judicial decisions, legislative enactments, and treaties, emphasizing the role of government in law-making, statutory laws, and com...Read More

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................2
TASK 1............................................................................................................................................3
P1 Different sources of law..........................................................................................................3
P2 Role of government in the law making, the statutory and the common law applied in courts
......................................................................................................................................................4
TASK 2............................................................................................................................................4
P3 Employment law and contract law impact on business..........................................................4
TASK 3............................................................................................................................................6
P4 Appropriate solutions for a range of the legal solutions.........................................................6
P5 Justifications for the use of the appropriate legal solution.....................................................6
P6 Solution based on a country legal system or a different framework .....................................7
CONCLUSION................................................................................................................................8
REFERANCES................................................................................................................................8

INTRODUCTION
Potato council is an organisation, the aim of this organisation is to promote and develop
the potato industry. The Potato Council is responsible for the growth and the competitiveness of
the potato manufactures in the United Kingdom. The function of potato council is that to supply
the potatoes to the customers at the abroad and the home. The Potato Council has the
Agricultural experimental centre (Latimer, 2012). The Potato Council has been serious about the
laws which seems to be the distributed over the legal sources. There are the different sources of
law. In the business law, when there is any type of issues in the business when interacting with
the other companies, public and to the government. In the area of the law there are intellectual
property, real states, emplacement law, tax law and the interaction with the public. The purpose
of business lawyers hiring that the lawyers help in avoiding the future litigation.
TASK 1
P1 Different sources of law
In the Potato Council, there are the different-different sources of law. In each country, it
have its own legal system. The sources of law mean that the binding of the governing rules of
human conduct. In the organisation, there are many sources of the law and the organisation
wants to comply with these laws. The sources of law are:
Constitution- A country has a set of constitution. And in the constitution, it is a set of the
fundamental rules and the principles and according to this the organisations and the state are to
be governed. When the all the principles are the written in to the single document or it can be the
set of the legal documents, then in this case those documents are called as the written
constitution and if the principles are written on the single comprehensive document, then in this
case it can be called as the codified document (Adam, 2008). But in the civil law system these
rules are called as the Codes. In the very few countries there are the written constitutions and the
fundamental rules are identified easily but in the remaining few of the countries there are
unwritten constitutions.
Judicial Decisions- In some of the countries there are the judicial decisions which are
authoritative and develop in the source of law, that law is known as the case law. In the case law,
the application of the legislation may be extended to form the part of the law.

Legislative Enactment- The legislative is the key of the source of the law. In the country
there can be more than one legislative body- central, municipal authorities and the state. It is the
law which has been enacted by the legislation, by the governing body.
Treaties- The host country may be subject about the laws which are made by the world
grouping and by the regional. The examples of these laws are the trade treaties, European of the
Union. The guidelines and the rules can also be the imported into the law in related to the matters
as the standards of health guidelines and the engineering.
Other Sources- There are the many of the other sources of the law that give the lesser
and the greater weight in the country.
P2 Role of government in the law making, the statutory and the common law applied in courts
The role of the government in the law making is that the government makes the rules ans
the regulations related to the organisation. From which the organisations adopt these rules and
regulations and do work legally. And the government makes different rules and the regulations
for the different organisations (Appleman, Appleman and Holmes, 2015). The government also
makes some policies related to the organisations and these policies are the beneficial for the
organisations. After making the policies it is the duty and the responsibility of the organisation
that the organisation has to follow these rules. There are some laws which are to be applied in
the courts that laws are statutory laws and the common laws. The statutory law is the written
laws and it is enacted by the legislative body. These types of laws are varying from the
administrative laws and the regulatory laws and these laws are passed by the common law and by
the executive agencies. In the common law, the common law is the part of the English law which
is derived from the judicial precedent and from the customs and this law is not completely
prescribed by the statute. The common law or the English law adapted and developed by the any
state of United States (Owyang and Sekhposyan, 2012).
In the common law, the decisions are taken by the judges in the courts. The common law
are also known as the case law. The common rules can be in the written form and in the
unwritten form. This common law is totally depend on the decision of the court. If there is a any
type of conflict between the laws, then the legal authorities looks to the past cases and after that
provide the same reasonable decision that was to be provided in the first case. This law is based
on the circumstances. The common law are the normal law which are handled and solved by the
judges and the civil and the criminal cases are mentioned under it. There is the difference

between the UK and the Romanian Law. The law system of the UK is governing th4rough the
Wales and England and in the common law includes the common law and the civil law. And the
other law is the Romanian law, in this the constitution is the basic law of the Romania. The legal
system of the Romanian is base on the Napoleonic code. In the Romanian the criminal law is
kept and solved in the penal court.
TASK 2
P3 Employment law and contract law impact on business
The business owner of the Potato Council must know about the employment law and
about the contract law and it is the responsibility an the duty of the business owner of the Potato
Council to follow these two laws. In the employment law, it is the broad area and it includes all
the areas of employer or the employee relationship. In this there is an exception in the
negotiation process which is covered by the labour law and by the collective bargaining. If in the
business there are more than one employee than in this case it is the employment law. And in this
area the federal and the state law both are included and the federal law and the state law both
have the common goal to protect the rights of the workers (Nichols, 2012). For the employees,
these laws are to made and to prevent- health and security promote, develop a minimum required
level for the economic support to the employees, to reduce the discrimination and to prevent the
work place from the dispute between the management and the labours. The employment law is
made for resolving the any issues which are related to the employees or the workers. In the
employment law includes the following such things: social security of the employees, help in
maintain the labour relations, provide compensation to the workers, give the minimum wages to
the employees, to give the employees medical and the family leave, help in reducing in the
employment discrimination. The discrimination I related to the salary, wages, and rights. So it is
necessary to all the business owners to know about the employment law. Like foe example that I
establish the business and after set up I decided that I would not want to keep the records of my
employees working hours and from this it is easier to pay the salaries to the employees. The
means of this is that all the employees of my business are the exempt employees (Nichols,
2012). Then it is easier to me to pay the salaries to the employees without keeping any type of
the records. But it is good for the employees because when the work of the employees completed
than the employees do some rest.

This example shows that I knows very well about the employment law and provides all the
facilities to my employees, providing them better working conditions and maintain the
harmonious and the good relationship with the workers. After this there is the contract law.
In the contract act, it is the voluntary agreement between the two or the more parties which
is enforceable by law. And it is a written document. At the time of signing the contract
then it is necessary to know about the contract law. Under these cases when the contact is
enforceable by law:
 When there is a capacity to contact.
 There are legal terms and the conditions are to be given
 There must be consideration
 Acceptance is necessary.
At the time of the contact there should be capacity to contract means the person is
mentally and physically able to sign the contact and there is also the consideration means
promise to give and exchange something between the parties.
These two laws are necessary in the business.
The parliament act affects the business environment directly. When any legal bill made
then it is passes to the parliament and then the parliament approved the bill and this bill acts as
the ACT. There are many acts which are passed through the parliament. And these all are
influence the business environment. Mainly the law are the reporting law and the tax law affects
and the labour law and the equal employment law on the business environment.
Reporting law: in this law, the companies gives their finance reports to the governments
and the investors timely. This law is very concerned for preventing the misconduct and the fraud.
Labour law: This law is regarding the companies treat their employees in what manner.
In this law involves the wages rules, safety and the health act, workers protection rules.
Tax laws: This law is regarding the tax. This law indicates that the businesses should be
report regarding the financial status to the government.
Equal employment law: This law is regarding the equal opportunities to the employees.
There should not be the discrimination related to the employment.

TASK 3
P4 Appropriate solutions for a range of the legal solutions
The business environment is necessary for running the business. Providing the latest
employment safety and the health legislation, it helps in reducing the problems. For the
appropriate legal solutions, there is a need to solve to problems related to the business. These
problems are:
Employment compensation and the disputes- The employment law changes rapidly
and it is the duty and the responsibilities of the workers and the employers to keep themselves up
to date about the employment law (Owyang and Sekhposyan, 2012). There is a website which is
related to the legal services. If the management has some problems and the dispute between the
employer and the employee, so it can be costly, time consuming and can be the stressful. The
effect of all this on the business and the reputation of the company brigs down. It is necessary to
compensate and solve the disputes.
Legal defence- All the businesses operate under the law. It is the responsibility and the
duty of the organisations need to follow all the rules and regulation and the policies which is
made by the government (Adam, 2008).
Employee protection- In the organisations there should not be any type of misconduct
with the employees. If the employees have some problems then it is the duty of the management
to provide the legal advice and the representation for the employees.
Compliance and the regulations- The businesses and the directors face the increasing
burdens from the professional bodies and from the regulatory.
There are the two companies that are public limited company and the private limited
company.
PUBLIC LIMITED COMPANY PRIVATE LIMITED COMPANY
These companies do not allot the shares. These companies allot the shares
These companies are owned through the
general public.
These are owned through the private
individuals.
These companies do not disclose the financial
data.
These companies disclose the financial data.

It is required to the public companies to have
the company secretary.
But the private companies do not appoint the
secretary.
There are some advantages and the disadvantages of both.
Advantages of the public company:
 Issue shares in public for raising the capital.
 Limited liabilities
 Ability to raise the capital
Disadvantages of public company:
 It is necessary to certified the company secretary
 If there is any requirement for concerning the loans to the directors then it is
difficult.
 It is the main disadvantage that there must be at least two directors.
Advantages of private limited company:
 It is the limited company
 It has the separate legal entity
 The main advantage of these companies to raise the fund easily
Disadvantages of private company:
 These companies take more cost to establishing
 The cost of accountancy are most expensive
 It is difficulty to withdrawal of money.
If there is any dispute among people in an organisation, then they resolve their dispute
with the help of ADR (Alternate Dispute Resolution). ADR means to resolve problem or issues
by mediation and arbitration without going courts.
Mediation- It is an interactive process and in this two dispute parties choose a common
person party which helps in making a proper solution of their issues by negotiation. There are
some advantages of mediation:
 It is less expensive.
 There is no need of courts to resolve issue.
 It provides flexible solutions.

Arbitration- It helps in settlement among two parties. It is voluntary but sometimes, there is a
need of law. In this, two parties select an arbitrator for making a satisfactory solution. This
process is less formal in comparison to courts. It has some advantages:
 It is less formal and fast process.
 It helps in resolving conflict more quickly that court.
 It is less costly and time consuming.
 The proceeding are held in private place not in public.
 The third party is expert in resolving problems and issues.
P5 Justifications for the use of the appropriate legal solution
The Potato council provides the private protection to their employees. This council
accepts all the laws with is beneficial for the employees and for the organisation. It is not against
the employees and the organisation. The council provides the legal solutions to its employees.
And the solutions are beneficial for the employees (Appleman, Appleman and Holmes, 2015).
The Potato Council provides some of the programmes like taxpayers legal defence, reversal of
the strategic criminal reversal, health and medical legal defence. For the appropriate legal
solutions apply the rules to the business effectively and efficiently. Provide all the facilities to
the workers (Adam, 2008).
P6 Solution based on a country legal system or a different framework
There are different laws in the every country. The law are not same in every country. One
country cannot follow the rule of another country. The law are made for the benefit of the
country. Like the law of the United Kingdom is different from the law of the United states. The
United Kingdom has the three types of the legal system. Each law is applied on the particular
area. The first law is the English law is applied on the Wales and in the England. The next
second law is the Northern Ireland law and this law is applied in the Northern Ireland and this
law is based on the common law principled. And the third and the last law is the Scots law, this
law is applied in the Scotland. The Scots law is the pluralistic system and it is based on the civil
law principles (BRONI, 2010). In the United Kingdom there is not the single legal system
because it is created by the political union of the previous independent countries. The highest
court of the United Kingdom is the Supreme court of the United Kingdom. In the land of this
court solve the issued related to the civil cases and the criminal cases in the Northern Ireland, in
the England and Wales and in the Scots law. And on the other hand the law is different in the

United States. In the United States, the law is comes from the five sources. The five sources are
Statutory law, constitutional law, treaties, administrative regulations and from the common law.
In the Statutory law, this law is a written laws and this law was created by the Legislative laws
and it is varies from the administrative laws and these are passed by the common law, executive
agencies and the law which was establish by the prior court decisions (Adam, 2008). In the
constitutional law, this law defines the relationship between the different – different entities with
the executive, state, the judiciary and with the legislature. In the constitution there are four
characteristics- legislative, a delegation of the power, prerogatives and the duties of the
executives, and the judicial branches. After the constitutional law, there are the treaties, under the
treaties law it is an agreement under the international law (BRONI, 2010). The treaties can be
compared to the contracts like both the willing parties assuming the obligations among the
themselves and either the party is fails to live up to the obligations which can be liable under the
international law. After the treaties, there are administrative regulations, these regulations are the
detailed directions which is developed by the president superintendent to keep the policies in to
the practice. It is important because it provides the flexibility to make the timely changes in to
implement the effective policies; it may satisfied the federal requirement and the state
requirement. And the last is the common law; this law is the part of the English law which is
derived from the judicial precedent and from the customs (Latimer, 2012).
These all are important for the organisation. These laws are to be different from country to
country.
CONCLUSION
It is concluded from the above report that the Potato council promote and provide better
customer service to the customers and this council offers the advice of the government and to the
other organisations. And it also offers and provides the statistical advice on potato industry. The
council follows all the law and the regulations which are made or develop by the government. It
is the duty of the council to give the legal advice to the employees. There are different sources of
the law that the organisation need to comply and there are the common law and the statutory law
which are make by the government and applied in the courts. The organisations have the full
knowledge about the employment law and the contract law.

REFERANCES
Adam, A., 2008. Law for Business Students. Pearson Longman.
Adams, L. and Szaluta, J., 2013. Psychoanalysis and the humanities (No. 6).
Routledge.
Appleman, J.A., Appleman, J. and Holmes, E.M., 2015. Excuses for Nonpayment and Defenses
to Actions for Premiums (Vol. 5). Appleman on Insurance Law and Practice.
BRONI, J.V.G., 2010. Ethical dimensions in the conduct of business: business ethics, corporate
social responsibility and the law. The" ethics in business" as a sense of business ethics.
InInternational Conference On Applied Economics–ICOAE (p. 795).
Latimer, P., 2012. Australian Business Law 2012. CCH Australia Limited.
Nichols, P.M., 2012. The business case for complying with bribery laws. American Business
Law Journal. 49(2). pp.325-368.
Owyang, M.T. and Sekhposyan, T., 2012. Okun’s law over the business cycle: was the great
recession all that different?. Federal Reserve Bank of St. Louis Review. 94(5). pp.399-
418.
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