Business Law Report: Analysis of the English Legal System and Business

This report provides a comprehensive overview of business law, focusing on the English legal system. It begins by outlining the structure of the English legal system, including its sources of law such as legislation, common law, and EU law, and the role of the government in law-making. The report then explores the impact of law on business organizations, detailing employer's legal obligations related to occupational health and safety, worker's compensation, harassment, and equal opportunities. It further examines the effectiveness of the legal system through recent reforms and developments, providing a critical evaluation of the English legal system. The report suggests appropriate legal solutions for various business problems, justifying these solutions with case studies, and analyzing the positive and negative impacts of these solutions. Finally, it compares and contrasts the effectiveness of different recommendations and critically reviews the use of appropriate legal solutions in comparison with alternative legal advice.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1) Structure of the English legal system and different resources of laws ................................1
P2) Role of government in law-making......................................................................................3
M1) The effectiveness of the legal system in terms of recent reforms and developments.........4
D1) Critical evaluation of English legal system and law ...........................................................4
SECTION 2......................................................................................................................................4
P3) Description of employer's legal obligations and impact of law on business organisation...4
M2) Differentiate and analysis the potential impact of regulations, legislation and standards. .5
SECTION 3......................................................................................................................................6
P4) Suggestion for appropriate legal solution of various problems............................................6
P5) Provide justification for the solution by using appropriate case..........................................6
M3) Positive and negative impacts of legal solutions to the business problems........................7
SECTION 4......................................................................................................................................8
M4) Compare and contrast the effectiveness of two recommendations.....................................8
D2) Critically review and evaluate the use of appropriate legal solutions in comparison with
alternative legal advice................................................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Business law includes all those law which are related to the business operations. It gives
guidance to the business concern that how to run the enterprise by use of legal rules and
regulations. It include all the legal rules and regulations that governs how to start, buy, sale and
manage any type of commercial enterprise. Business law mainly regulated by federal laws and
all the enterprise activity can be done by the law which are regulated by the nations. In the
present report, it describes the structure of English legal system and different kinds of sources of
laws that organisation comply with. It also describes the role of government is law making
activity. Hence, in the first section it describes the nature of legal system. The second section
describes the impact of law on business organisation. Furthermore, it also explain the legal
solutions to business problems. At last , it recommending appropriate legal solutions which is
based on alternative legal advice (Ward, 2016).
SECTION 1
P1) Structure of the English legal system and different resources of laws
English law is a common law of legal system which are framed by England and Wales,
comprising criminal law and civil law (Ware, 2016). The essence of English common law is that
it is made by judges who were sitting in courts, applying statute and legal precedent from
previous cases.
1

Illustration 1: English Legal system
(Source: Taylor, Tarr and Asher, 2016)
There are various kinds of sources of law that organisation require to comply, which are
as follows:
Legislation/ Statutes: This is considered as a main source of law, which is enacted by the
UK parliament. It include all the aspects like Insurance act, Contract law, Health and Safety at
Workplace Act, Companies act etc. (Townshend, 2013).
Common law or the Judicial Precedents: This is framed by the several sates principals
which is related to the several cases and governed by the English courts.
2

European Union Law: This law is derived for the European union which covered the
origin of EU law. In this English law is deducted by the means of directivity and EU regulations.
The primary laws which regulate the organisation's operational activities, which are as follows:
Company law: Company law is related to the operations of business activity, in which
firm can operate and determine the various operational activity which is related to the legal rules
and regulations (Sprague, 2016).
Contract law: It is an agreements between the government and business so that as per the
government rules and regulation business can operate their functional activity effectively. It is a
contract, in which both the parties are bound and liable with each other.
Employment law: This law is related to the employment of employees and employers. It
also include all the provisions which provide health and safety for the employees so that they
can work freely in a workplace.
Hence, In the English legal system the decision of supreme court is binding on all over
court . It also referred in Latin form 'let the decision stand'.Which is central to the English legal
system. Supreme court is also known as House of lords. Until 1966 supreme court is bound by its
own decision and difficult to change it only changed when lord chancellor issued practise
statement or judicial precedent [1966]. Decision made in European court is bind all UK court but
virtue of ss. 2 and 3 of the European communities Act 1972. Decision of human right are not
binding on UK domestic court under European court. The supreme court splits between civil and
criminal divisions. Normally decision in both court bind lower court but civil division has
exception to this rule defined in young v bristols Aeroplane co. Ltd (1944). If there is conflict
between two previous decision, so it is not easy to decide which decision to follow and which to
overrule.
P2) Role of government in law-making
While making law in UK there need of several stages with various participants in the
procedure. In the whole procedure, the role of government is very important, in which its
engagement restricted towards development of proposal. In this, the problems is related to the
society which they were facing, so that to reshaping the society government plays an important
role in it. To form the society, several legal authority analysis the various aspects of issues and
3

requirements. Such issues which is called as proposal is passed to the parliament by minister in a
form of bill. Government also plays another role is to delegate the power to the ministers so that
they can issue the orders, rules and regulations in a particular subjects. All these activity is a part
of law which is called as secondary legislation (Pryor, 2016).
The status and common law of a nations determines the application in justice and rights/
obligations of parties that are engaged in a particular cases. Legislation are considered as a main
law which deprived by the parliament so that such rules and law can regulate various aspects of
society. They act as natural and artificial person while making decision, which are based on such
parameters which provide various kinds of provision of employment to the employers. On
interpreting such law, verification is done so that it increase the liability of a person for a specific
action. On the other side, in case of breach of contract, such agreement are call for a particular
provisions on the contract act.
A Bill is a proposal for a new law, or a proposal to change an existing law, presented for debate
before Parliament. It can start in the Commons or the Lords and must be approved in the same
form by both Houses before becoming an Act. First reading is the first stage of a bill’s passage
through the House of Lords - usually a formality, it takes place without debate. First reading of a
bill can take place at any time in a parliamentary session. The long title (indicating the content of
the bill) is read out by the member of the Lords in charge of the bill. Once formally introduced,
the bill is printed. The next stage is second reading - the first opportunity for members of the
Lords to debate the main principles and purpose of the bill. The government minister,
spokesperson or a member of the Lords responsible for the bill opens the second reading debate.
Any member can speak during second reading – this stage can indicate those members
particularly interested in a bill, or a specific aspect of it, and those who are most likely to be
involved in suggesting changes at later stages. Second reading debates usually last for a few
hours but can sometimes stretch over a couple of days. After second reading the bill goes to
committee stage – where detailed line by line examination and discussion of amendments takes
place. Before committee stage begins, amendments (changes) are gathered together and placed in
order, then published in the ‘marshalled list’. Updated lists are produced before the start of each
day of committee stage. Report stage gives all members of the Lords a further opportunity to
examine and make amendments (changes) to a bill. It usually starts 14 days after committee
4

stage has concluded and can be spread over several days (but is generally shorter than committee
stage).
M1) The effectiveness of the legal system in terms of recent reforms and developments
In terms of recent reforms and development effective legal system plays an important
role by enlisting confidence throughout the entire business cycle. It helps to improve the
efficiency of justice systems by taking timely decision for business, investors and consumers. By
picking the investment decision, company identify the risk which involved in commercial
disputes, taxation conflicts etc. Hence, to handle litigation a juridical system in a member state
handle all kinds of conflicts. It also improve the quality of justice systems by identifying the
economic performance. By using juridical process and accepting relevant information can help to
improve the quality of legal system. For example: Modern ICT in case management system,
training of judges and monitoring the activity of judges/ courts etc. are included in it (Mason,
2016).
D1) Critical evaluation of English legal system and law
English law is one of the main European legal system, which spread in many countries
like New Zealand, Australia, USA and Canada. This legal system comprise criminal law and
civil law. The essential feature in English law is that all the laws are made by judges, who were
sitting in a court and apply the statute in different cases. Supreme court of UK is the highest civil
appeal court which bind the other court's activities. There are some rules which are in form of
legislation is known as common law. All the common law is based on the previous events of the
courts. For example: Murder is considered as common law in which crime of murder is
established by an Act of Parliament. In statute law, it includes various kinds of act like act of old
Irish parliament,. Ministerial order etc. English legal system consist not only common law but it
also include the criminal law, administrative, family law etc. (Light, 2016).
Pros
 It permit courts to create a new rule.
 Permits the court to prevent arbitrary, capricious and unfair laws in extraordinary
circumstances.
Cons
5

 Permits judges to "make law" without a vote of the electorate.
 Overrule lower court decisions.
SECTION 2
P3) Description of employer's legal obligations and impact of law on business organisation
a) Employee's legal obligation
Occupational Health and Safety: This is a multidisciplinary field which is focused on
providing safety, health and welfare of people. It provide safety from physical hazards which
affect the people in their workplace. Biological hazards like health issue due to virus and
chemical hazards etc. In common law jurisdictions, employers have a common duty to take
effective care and provide safety to their employees (Lieberman, 2016). It is a responsibility for
an employers to protect the 16 year old girl for any hazards and provide medical facility to her.
Workers compensation: It include, providing medical benefits, wages replacement to the
injured employees in an organisation. Different jurisdictions, provisions can be made so that
weekly payment, compensation, reimbursement etc. For example: In girl and Calvin case, both
have their right to get the compensatory amount from their business.
Harassment: It is a legal duty of employers to provide safety to the employees from the
harassment in the workplace. It may be physical and mental harassment which employees face in
the organisation. Hence, all the legal authority plays an important role to provide safety and
security of an employees due to such kind harassment.
Equal opportunities: There are various kinds of act which are framed by the government
so that it will give equal employment opportunities to their employees. It include Age
discrimination in Employment Act 1997, which protect the 40 year aged people. American with
Disability Act 1990 for disabled person etc.
b) As per the given scenario, 16 year old girl face the accident that her hand was fall in fryer
containing the oil temperature of 360 degree F and she sustained serves burn to her left hand. In
this case, Occupational health or safety and work compensation act will make impact on
business. As per Relevant employment Act 1975 and Heath and Safety Act 1974, girl have a
right to take compensation due to such accident. She also get benefited by providing health and
safety through insurance by the organisation. All these act plays an great impact in business
6

activity because it is a duty of any organisation to protect their employees from uncertain hazards
(Labatt and Forrest, 2016).
M2) Differentiate and analysis the potential impact of regulations, legislation and standards
As per the above scenario, a girl faced by some uncertain hazards in a business. In which,
it is legal duty of an employers to protect her by giving compensation and health security. As per
the Health and Safety at Work etc. Act 1974, it was the duty of employers to protect health or
give safety of employees and also provide safe system to work. There are many regulation are
framed such as Management of Heath and Safety at Work Regulation 1999, Workplace
Regulations 1992, Health and Safety ( Display Screen Equipment) regulations 1992 etc. On the
other hand, workers compensation include all the medical benefits to the employees, so that they
can feel secure in a workplace. It include life insurance of individual to provide extra benefit in
a workplace.
SECTION 3
P4) Suggestion for appropriate legal solution of various problems
As per the first case, in which Calvin is a designer working in a fashion house and give
his services for 4 years in a firm. In a workplace, he is suspected by the employer Donna that he
stolen £100 in a cash box. Without giving a notice, Donna terminated him from the job. In this
case, Calvin has a right to protect himself under unfair dismissal and wrongful dismissal act.
Under the wrongful dismissal employers terminates an employees without giving a notice to
them, or before the completion of term of employment and without giving time that employees
can justify themselves. In this case, employment act or common law is considered as a breach by
the parties. On the other hand, unfair dismissal is occurs when employers terminate the
employees without a valid reason and without giving time to make ant responses on the act.
Hence, Calvin are liable to claim the company as per the Wrongful dismissal and Unfair
dismissal act. He also liable to get the compensation from the business (Kitagawa, 2016).
In the second case, Dan is a owner of a small business who had suffered from the loss on
fire. In this way, he again establish a new store in another areas and make an insurance policy so
that he can protect the business from any kind of hazards. He also mentioned that he does not
make any claim last two years. There is a fire in a new store and he make claim of this loss but
the insurance company refuse to pay the claim. In this condition, Dan can claim against the
7

insurance company in respect of Contract act 1950 and can get claim amount as per the section
26 of the contract act 1950. He also claim against the insurance company under the Sales of
goods act 1979.
P5) Provide justification for the solution by using appropriate case
As per the above case, Calvin can claim against the firm and has a right to sue under the
unfair dismissals and wrongful dismissals protection act. He has a right to get compensation
because he had given his 4 year in a firm with his full dedication and at the time of theft there is
four more employees were presented near a cash box. Another reason is that Calvin is a very
loyal employees in an fashion organisation and without giving notice or without having no legal
proof employer can not terminated him from the job. As per the unfair dismissals, employees can
terminate their employees because individual are not competent for the post. In this situation,
Calvin is fully competent person in his post and he also give his 4 years with full dedication
(Gomtsian, 2016). Thus, he is liable to get the job again and receive the amount of compensation
from the firm. For example: Maya is working in a restaurant and she was fired by her senior
because of misrepresentation of hotel records. In this, Maya is a loyal worker and did not make
any fraud with her job. She claimed against the hotel authority for terminating her without
having any kind of evidence. As per the contract act 1950, she get benefited by having
compensation from the firm.
In the second case, Dan make a sue against the insurance company and get the claim,
amount back. He is do so because, as per the Contract act 1950, insurance company have a duty
to maintain the full record of their client and match all the detail as per the past activity. Here,
insurance company has not matched the detail with the past record of Dan. In this condition, he
have a right to get the claim amount as per the settlement with the insurance company.
M3) Positive and negative impacts of legal solutions to the business problems
Business problems include all those issue which make a negative impact in their
organisational activity. It include the hazards, uncertain event, turnover of employees etc. which
affect the operations of a firm. Hence by using the legislation, rules and procedures helps the
business and owner to resolve such kinds of issue and try to make it growth in a competitive
market. In some cases such legal solution make positiver as well as negative impact on business
problems which are as follows:
8

Positive Impact
 Legal solution help to manage attendance and employee turnover in an organisation.
 It make effective control in harassment at work.
 It helps to reduce the stress in working place.
 Legal solutions also promote the positive behaviour of manager in an organisation.
 Inspire creativity
Negative Impact
 It decreases in productivity.
 High legal rules give pressure on employees, so they leaves organisation.
 It create violence
SECTION 4
M4) Compare and contrast the effectiveness of two recommendations
Alternative dispute resolution 4(a) refers all those process that help the parties to resolve
the problems through mediation, arbitration, neutral evaluation and collaborative law (Crichlow
and McGarrell, 2016). As per the given case, to resolve the disputes between Antwon and Tyrell
use the collaborative law or mediation techniques. According to Alternative dispute resolution
4(b), it is beneficial for the office and outside from the office. Second benefit is that all the
information which are collected by using informal method is a best way to handling the disputes.
To handle a disputes, specific skill and knowledge are required so that it enhance the ability of a
person. As per the Alternative dispute resolution's section 4, similarities and dis-similarity in
these methods, this options includes:
 Delivering the respect
 Giving explanation with effective listening
 Helps to develop and determine the new options
 Analysing and communicating the different patterns issues
9

D2) Critically review and evaluate the use of appropriate legal solutions in comparison with
alternative legal advice
As per the above scenario, it represent the various legal solutions and alternative legal
advice which help the employees to work effectively as per the legal rules and regulation. In the
legal advice, it helps the employees to work freely and feel safe in an organisation by using
Health and safety act. It also solve the issues of creativity because by using the legal solutions, it
enhance the productivity of employees and organisation (Crane and Matten, 2016). Legal
solution also provide employees safety against the harassment in the workplace. All the
legislation gives the equal employment opportunities to their employees. Whereas, in the other
hand all the addition advice helps to settle the disputes in a workplace and also make good
relationship between employer or employees, partners etc.
CONCLUSION
As per the above detailed information, it have been concluded that business law is a kind
of special law which guide the organisation to work as per the legal rules and regulations. It
include all the activities, which guide the business how ton start, end, sale and connect as per the
governed rules. It is discovered that the role of English legal system and there various sources of
laws which are used by the organisation to run smoothly. It also explained the role of
government and statutory bodies which make great impact on business organisation. By using
the case of Calvin, Dan and Antwon, it showed the legal solution and their impact on business
organisational activity. At last, by making comparison between all the legal solutions and
additional advice, it present the affect in business's profitability and capabilities. Furthermore, it
is also discovered the rules and act which are framed for providing security like health/ safety,
compensation, protection against harassment and equal opportunities to the employees
(Campbell and Boothby, 2016).
10

REFERENCES
Journals and Books
Campbell, E. and Boothby, C., 2016. University law clinics as alternative business structures:
more questions than answers? Edited by Francis King. The Law Teacher. 50(1). pp.132-
137.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Crichlow, V. J. and McGarrell, E. F., 2016. Merchants in the Motor City: An Assessment of
Arab and Chaldean Business Owners' Perceptions toward Public Officials and Law
Enforcement. Criminology, Crim. Just. L & Soc'y. 17. p.1.
Gomtsian, S., 2016. Private Ordering of Exit in Limited Liability Companies: Theory and
Evidence from Business Organization Contracts. American Business Law Journal. 53(4).
pp.677-744.
Kitagawa, Z., 2016. Dispute Settlement (Vol. 5). Doing Business in Japan.
Labatt, J. and Forrest, M., 2016. Teaching Business Law from Literature: Lessons to Be Learned
from the Novel Mildred Pierce and the Road to Entrepreneurial Success. Journal of Legal
Studies Education. 33(2). pp.361-377.
Lieberman, J. and et. al., 2016. Business law and the legal environment.
Light, D. A., 2016. Effects of Charter Party Arbitration Clauses Under the New Turkish
Commercial Code. Journal of International Trade, Logistics and Law. 2(1). pp.21-26.
Mason, L., 2016. The Utility and Futility of ‘No Oral Variation’Clauses: When Commercial
Certainty Meets Party Autonomy. Business Law Review. 37(4). pp.134-135.
Mentzelopoulos, S. D., Mantzanas, M., Van Belle, G. and Nichol, G., 2015. Evolution of
European Union legislation on emergency research. Resuscitation. 91. pp.84-91.
Pryor, W., 2016. Alternative Dispute Resolution. SMU L. Rev. 2. pp.3-517.
Sprague, R., 2016. Editor's Corner: Frontiers in Employment Law. American Business Law
Journal. 53(3). pp.435-437.
Taylor, S., Tarr, J. A. and Asher, A., 2016. Australia's flawed Regulatory Impact Statement
(RIS) process. Australian Business Law Review. 44(5). pp.361-376.
Townshend, T. and et.al., 2013. How national legislation can help to solve climate change.
Nature Climate Change. 3(5). pp.430-432.
11

Ward, M., 2016. What Can the Trunki Case Teach Us About Design Protection?. Business Law
Review. 37(5). pp.197-198.Mentzelopoulos, S. D., Mantzanas, M., Van Belle, G. and Nichol, G.,
2015. Evolution of European Union legislation on emergency research. Resuscitation. 91. pp.84-
91.
Ware, S., 2016. Principles of Alternative Dispute Resolution. West Academic.
Online
law uk . 2106. [Online]. Available through: <https://www.gov.uk/topic/business-tax/paye>.
[Accessed on 16 June 2017].
12