Business Law: Legal Systems, Impact on Operations and Decision Making

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This assignment is a comprehensive report on Unit 7 Business Law, focusing on legal systems and their potential impact on business operations and decision-making within the United Kingdom. The report is divided into two parts: an essay and a report. The essay part explores different sources of law, the role of government in law-making, and the application of statutory and common law in the UK court system. It critically evaluates the effectiveness of the legal systems, considering recent reforms and developments, and uses specific examples to illustrate how company, employment, and contract law impact businesses. The report part examines the legal formation, management, and funding of different business organizations. It explores the advantages and disadvantages of various business formations and provides recommendations for legal solutions to resolve disputes, including sources of legal advice and support. The report provides a critical evaluation of legal solutions, advice, and support for dispute resolution. The document covers a broad range of legal concepts, including the impact of Brexit and COVID-19 on the legal system.
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Unit 7 Business Law
Legal Systems and the potential impact of law on business
operations and decision making
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Table of Contents
INTRODUCTION ..........................................................................................................................3
PART 1 (Essay Format)...................................................................................................................3
.........................................................................................................................................................3
P1 Explain different sources of law........................................................................................3
P2 Describing the role of government in law making and how statutory and stem of common
law is applied in the court system of the United Kingdom ...................................................5
M1 Critically Evaluate the effectiveness of the legal systems in terms of recent reforms and
developments .........................................................................................................................6
P3 using specific examples, illustrate how company, employment and contract law has a
potential impact upon business ..............................................................................................8
M2 Evaluate the potential impact on business through difference between the legislation,
regulations and standard.......................................................................................................11
D1 Provide a coherent and critical evaluation of the legal system and law, with evidence
drawn from a range of different relevant examples to support the judgements. .................13
PART 2 (Report Format)...............................................................................................................14
P4 Explore how different kinds of business organisations are legally formed ...................14
P5 Explain how business organisation are managed and funded ........................................15
M3 Examine the advantages and disadvantages of the formation of different kinds of business
organisation. ........................................................................................................................16
D2 Critically examine the formation of different kinds of business organisation...............17
P6 Compare different sources of legal advice and legal support for the dispute resolution to
make appropriate recommendation to legal solutions. ........................................................17
M4 Recommendation of legal solutions for resolving the disputes using examples to
demonstrate how a party might obtain legal advice and support ........................................18
D3 Critically evaluate the effectiveness of legal solutions, legal advice and legal support for
the dispute resolution. ..........................................................................................................19
REFERENCES..............................................................................................................................20
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INTRODUCTION
Understanding the comprehensive knowledge of the business regulations, associated in
the United Kingdom, which assist in the working of the business, complying with the directives
of the legislations. The size and scale of the firm, usually decide the financial variable and not
the decision making strategies of particular business, as a right decision can take the business to
the heights, whereas the wrong decision can sink the company. The impact of legal statues, gives
a pathway to the organizations for making the rights decisions for the benefits of the company
and their members. The enactments which are laid down by the government of the United
Kingdom, are the major concern for the business which are settled on the land of Britain, the
interchanging of rules, can affect the business on a major scale (Azizi2021). The management of
business, must always be on the positive side of the law statues, the negative side will doomed
the company, the operations functioning of the organization get affected by the role of
government policies and legal regulations. This report will describe the implications of laws,
which are effecting the environment of business in the UK, the measures of different types of
laws included in the structure of organisation, regulations of Contract, Tort, ADR,
Taxation,Employment Law (Carvalho,and Nemeth,2018).
PART 1 (Essay Format)
P1 Explain different sources of law
Proffering in regard with the relevant sources of law of the United Kingdom, the
regulations are meaning to be determined by the statues which are in the purview of the legal
system of UK, it is mandatory to understand the where the regulations has started, the
establishment of the acts, the stabilizing structure of the regulations. The sources of law plays an
crucial role in the creation of the legal statues (Keating,2021).
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The Primary Sources of Law, includes
(a) The Common Law, can be named as the law of the land, the roots of the law enactments are
grown through this common law, as a source, as the legal statue of the United Kingdom, is
prescribes as an unwritten document, this application of law , is enforced on the matters in
questions of the exchequer court and the king's bench. When the issues in hand of the above
mentioned court are in questions, the court of law register to use the common law. (b) The Case
Laws, the previous cases, which are termed as crucial sources of law, as there also used the
precedents which are made by the judges in the previous used landmark judgements, the origin
of the case laws presented in the scope of sources of law, are by the postulate of precedents, as it
gives assistance on understanding the of the uniformity of the country, the command goals, the
judicial structure, the value of the landmark judgements. The case laws are formulated in the
reports of law. (c) The Legislation, as the United Kingdom holds the constitutional monarchy,
the scale of legislations is high, the queen of the Great Britain is considered to be at the priority.
The Parliament includes, The House of People and The House of Commons, altogether the
authorities of legislations have a registered process of bill making or regulations making. The
legislation is considered to be foremost source of law (Von Staden, 2018). The legislations as a
source id divided into, Primary Legislation, which consists the acts of the parliament and in
general informations of some specific field and Delegated Legislation, which consists of the
implementation tools of the statues, which explains the exact working of the acts and formations
of the acts enacted by the authorities of the Parliament (Azizi,2021).
(d) The European Union Laws, the regulations structure of United Kingdom, was entirely
different back in the 90' s when the United Kingdom statues were covered by the EU laws and
the Court of Justice of Europe, after the bondage breaking of the UK and EU, the Britain goes
into the transition period, the process of Britain exiting the authorities of EU, called as Brexit.
The considerate place of EU as a source of law, is cease to exist from the time of withdrawal
period (Davies,and Kolaczkowski,2022).
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P2 Describing the role of government in law making and how statutory and stem of
common law is applied in the court system of the United Kingdom
Hovering over the context related to the legal system of the United Kingdom, which has
been divided into three different legal structure of England and Wales, Northern Ireland and
Scotland. The definitions of the common law, is considered to be the regulations which are based
on the rulings which are used by the judges in the court of law. Further to it, the parameters of
authorities are given down to the three branches, The Judiciary, The Executive and The
Legislature. The working of the legislature is notified in the purview of the House of Commons
and House of Lords. The citizens accepts and follows the regulations appreciated by the
legislature in the formations of statutory laws. As a character of the courts and judicial structure
of the English Legal System, which is generally determined as the 'Common Law'. As taken a
point of view of historic origin, where different laws were scattered belonging to different
region, over a time period similar laws were enacted for the entire region, which was sated as the
common law.
Common law and Statutory laws in the judicial system
The predominant legal postulates which are given by the judges of the court of law and
not enacted by the Parliament, which varies from case laws are known as the Precedents. As an
illustration of the enactments, where the law of crime is recognized by the common law and not
by the establishments of the parliament (Sorabji, 2020).
Grasping the lore in regard to the function of judiciary in the statutory laws, withhold the
comprehensive meaning of law. The statutory laws are tend to be clear, transparent and easy to
understanding within the apprehension of the laws. Witting the elucidation of the statues, the
mighty bench of court, created comprehensive regulations which includes, The Literal Postulate,
The Golden Rule, The Mischief Directive and The Purposive Perception. After the connecting
the dots of elucidation of the statues later, the statues can be used as precedent.
Role of Government in the law making process
In the beginning, there will be putting forward of a bill into the administration of the
parliament. At last the bill awaits for the Royal acknowledged accede. Furthermore, the bill
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appropriately becomes the law and called as an act. The announcement of the bill can be
proclaimed by any member of the parliament. The bills which are concerned with the
government agreement authorities, are known as the public bills, The rest of bills which are
announced by the private members are known as, the private members bills. The introduction of
bill usually affects the common law of the land (Vassallo, 2021).
M1 Critically Evaluate the effectiveness of the legal systems in terms of recent reforms
and developments
Upcoming amelioration in the legal system of the United Kingdom, most certainly are
altered from various components, which are the featured of political component, economical
component and social life component. The ideology of legal statues can be covered in the
purview on laying up the changes on the parameters included in the legal improvement. In the
recent years the English court system have been undergoing major defiance, which spotted a
negative impact on the judicial system (Harvey,2020). The robustness of the English system is
given through by the existence for the hierarchy of the English system which exist to support as
an hefty pillar for the legal system, the wide range of resolving postulates like the establishment
of the alternative dispute resolution procedure (Yue, and Cowling,2021).
Affects of Covid 19 on the judicial system
The virtual hearings system for the court, was proven to be difficult, as per the cases of
crime and cases of family judicature are concerned the proceedings were mainly complicated to
pursue (Twigg-Flesner,2020). After the announcement of the latest Practice Direction stated in
few modulated courts, in regard to the time extension, court dates and other regulations for the
matter in question. In the view of the commercial litigation, in spite of the severance which was
caused by the business, property and other civil court, the working of the commercial courts
were not much distressed (Von Staden,2018).
Affect of Brexit on the judicial system
The custom ideologies of the English justice system, which was respectively working in
the earlier days, on the pathways of the European union laws (Wincott,2018). On December 31,
as United Kingdom stepped away from the knitted alliance of the EU jurisdiction, as the state of
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affairs of the EU has fallen on the shoulders of the regulations of the country. Though the global
entity has followed up to shake hands with the convention of Hague. The withdrawal agreement
made indicates many agreement which are made between both UK and EU, for bringing abut
betterments in the factors which directly or indirectly affects the country, which includes the
judicial system (Dunne, 2019).
More developments which are determined to be necessary in the legal system and will
provide assistance to the courts, are :
Upgrading to digital platform, The improvement which are made to measure the
developments in the judicial system, in order to upgrade the ingress to the justice structure, by
the application of the information and communication technology. The asset contribution which
was put forward for the enhancing the digital platform access for the legal system, gives a bubble
of hope to the practitioners, it will eventually change the working of the lawyers, the contribution
to the IT field will advance the technology scale in various courts and tribunal of the English
Legal system (Keating,2021).
Enhancing the professional consultancy of the courts, the appointment of the court
and tribunal application, which thoroughly needs more advanced and specialised court system
when it comes to non-criminal working parameters. According to the historic point of view,
where the court system was working in general. As a step to make the position of this ideology
more strong, In 2014, a specialised Planning Court was established.
Establishment of Alternative Dispute Resolution, a preferable advice which is offered
to the lawyers. Judges and the government, to use the ideology in the litigation process. The
follow up business model which is recognized to be useful for the lawyers,which is still in the
present times lacking to be resourceful. The lawyers are advised to support the clients and make
them aware to use the regulations of the ADR (Magalla,2022).
Equal Opportunity, to safeguard the future notion of the legals system , there must be
given a particular protection to the vision of equal opportunity in the English legal system.
Looking back in times, where the gender ratio of the court system is portrayed to be very biased,
the opportunity of the lord chancellor never got in the hands of the women. The stereotyping in
basis of the race, caste, gender, creed must be stop in order to preserve the equality in the legal
system.
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Introduction to Public Legal Information, this announcement will provide assistance
to every citizen of the country, to resolve their disputes and legal matters in hand by their own
and with adequate manner. The legal education opening to pubic learning with bring about a
development in the English jurisdiction and structure of legalities (Vassallo,2021).
P3 using specific examples, illustrate how company, employment and contract law has a
potential impact upon business
The impact of company law on business of UK
Understanding the implications which is put by the company act in the formulation of a
business in the United Kingdom, there are expected to be many components altogether which
tends to put an affect on the working, formations and building of a company in the UK. All these
components encircles the rights and duties of the director and the by laws of the organisation. In
the beginning to learn more about the corporate world, leads to the gist of the meaning of the
corporate law, which states that the regulations mentioned under the Company Act,2006 which
assists the companies to describe the basics, mention the making of the company, running of the
business, the regulations consists in the act will apparently apply to all the roles of the
organisation. The regulations of the corporate will be covering various measures of the
organization which includes, An organisation, A limited company, A partnership, An NGO,
Partnership which is limited, An unlimited company, A sole proprietorship, an organization who
limited by guarantee. The working of the grid of latest business technology. The announcement
of this act , which will provide the relative rights to the share-owners with the label measures of
the actions which they can take against the directors or other members of the business, in case of
the breach of obligations which is done on the behalf of the director of the organization.
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Apprehension of the company is a must perspective for the individuals getting into the
shape of the business, if the individual owner or members of the company, want the road of the
organisation to run smoothly, they must follow the directives enactment in the company's act.
Existence of the company law, consists the scope (a) to safeguard the rights and duties of
the workers of the company, (b) to present the duties of the director of the firm, (c) mention the
role of the lawyers of the company, to protect the state of affairs of the company, (e) safeguard
the organization from the basic and technical legalities, which can affect the ground of the
development of the company. As an illustrations, For the perceptive of the limited company, this
kind of company need to learn the basics of their company parameter and managing the financial
values of the organization, the limit company will present the limited liability on their share-
owners, as to safeguard them, when the share-owners has paid the full amount , they no longer
exist to have liabilities in the organization (Simmonds,2021).
The Impact of Employment Law on the business of UK
The regulations of employment establish an supplementary cost on the business, as the
companies does spend a lot more cost fraction of the training, hiring and salary process for the
employees. The main objective of the employment regulations of the United Kingdom, is to
ensure the maintainability of both the employees and employers are safeguarded under this act.
The enactments prescribe the directives on the basis of termination from the job role, holidays
and leaves taken on the account for various reasons or loss of pay, payment or salaries, blocking
the practices of discrimination, harassment which can determined as mentally, physically or
moreover sexually. The employment regulations which are working in the respect for the both
the side equally, as it is said, that the employment of UK are more employee driven, but it does
keep the conduct of employer in well being as well (Larkin,2020).
Withholding the protection provided to the employees under the provisions mentioned in
this act, this enactment of law also does hold on to the activity of the employer. Components of
the Employment Law, brings about advantages in the scope of the firm, which includes, (a)
setting the seal on the justness in the elbow room of the company,
(b) bring about enhancement in the confidence of the workers and the thrusting up the
productivity level of the workers for the betterment of the firm , (c) enhancing the quality of of
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work, with keeping the interchanges of diameters with parameters of social, political, economical
and other changes in mind of the members of the company , (d) this enactment of tight knotted
regulations will bring about a sense of trust in between the employer and the employee, which
will help the work balance and the growth structure of the organization.
The support which will provided through the provisions of the employment law, is
dwelled toward the worked who are covered in the purview of the employment contract.
As an illustration, this section of law, which will help to protect the rights in well versed
parameters, as per the health of the employees, the leaves slips of the employees, the contract
clauses will safeguard the employees, and establish the maintainability of clauses of what will
happen if the business is acquired , or protect the employees from the unfair dismissal. The role
of the employment law will further cover more areas, like discrimination which is proven
harmful for the environment of workplace, the productivity of work, the relationship of the
members of the company, the discrimination is banned be it the racial or gender discriminations.
Equality is the main motive which prevails in the regulations of the Employment act (Burri,
2020).
Impact of Contract Law on Business of the UK
The elements which are to be looked out in the sense of entering into the contracts of
commercial nature, before getting into the contract, it is important to understand the nature, the
clauses and contractual obligations of the contract. In the purview of the impact of contract law
which will affect any business, which is in the scope of providing various goods and services
that will be considered as a business. This is crucial focal point that regulations of contract will
involves itself, in every factor of business, which revolves around every selling, buying,
providing service and capital transactions of the company.
Broadly, the contract law will described the crux of the running business and the
operational functions of the firm. The sate of affairs of the capital exchange values between the
business owners and the other clients are mentioned in the terms and conditions of the contract.
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The scope of an organizations entering into contract will solely depend on the nature of
the company and the kind of the company environment, which states ,
(a) Company which is registered, has a certain approach to enter into a contract, the
individual and members of the registered company are open to make a contract will be assigned
to sign the contract, and check the further legalities of the contract.
(b) Partnership of limited liability, LLP's which is determined as a company which is
secured to have their own legal character, the right to enter into the contract for the LLP will be
presented in the purview of their own-self rights, the contract which is made between the
members of the LLP, will certainly include bonded restrictions.
(c) International Partnership, the scope of the international marketplace is covered by
the county laws of the country, within the management of the constitution of the respective
organisation.
If an organisation will not act accordingly to the power, rights and duties of the company and
throughout follow the terms and conditions for the contract, then the contract will be considered
as void (Nottage, 2018).
M2 Evaluate the potential impact on business through difference between the
legislation, regulations and standard.
Determining the meaning of the regulations, legislations and standard, which states
Regulations means, the actions which are in the scope of control, or can be considered
as a rule or an order. Regulations is described as an official rule,within the general parameters of
the regulated sectors of responsibility which are mandate to follow.
Legislation means, the procedure of law making, it is described as the collection of laws
which are enacted by the Parliament. By later process of acceptance becomes acts, which are to
be followed by the citizens of the country. The legislations is divided into two parts, The Primary
Legislation and The Delegated Legislation.
Standard Means, in the centre element, the standard can be determined as the accepted
of performing something, which can creating a product, commanding a procedure, dispatching a
service or circulation of equipments (Ananzeh,Al Amosh, and Albitar, 2022).
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Impact of Regulation on Business
It is considered as the set of controlling measures, which keep the business environment
intact. It generally defines as the rules and directives which provide a coursework fort he
business practices. Furthermore, the regulatory bodies settle their place in the state of affairs of ,
(a) Safeguarding the customer, (b) healthy and safety at the workplace, (c) Safeguarding the
small group of organisation against the gigantic corporations, (d) Giving out specifications for
better company practices, instead of malpractices,
(e) Enhancing ethical business environment and improvement in the standards of work.
Impact of Legislation on Business
The certain prerequisite for the legislation in the scope of business, is to protect the all
over mannerism of the business or the organisation (Harvey,2020). The legislation are
framework of the set of laws which are created by the government authorities, which will
safeguard the divisions of the employees, the company and the clientele base of the company.
The umbrella of business must be significantly work on the laws to make sure there the trade,
activities, management, productions and other components related to the organisation work on
fair play and cautious measures. For formulating the protection of the creations, inventions and
ideas which will be safeguarded under the regulations of Intellectual Protection Rights.
The directives of Employment law, consists the shield from the parameters of ,
Hiring Process, understanding the do's and dont's of for the employers on the employees
and on the candidate which apples for the job role. It also states that the employers must create
and give out a contract of employment to the workers, which is mandate provision to follow.
Salary/Wages, the statues of this legislations cover the payment fabrication for the
employees which are put in criteria for the workers.
Intolerable Inequality, the derivations of the employment regulations include the pivotal
measure to treat the all the workers in a fair and equal manner without any differentiation.
Environment of Work, the conditions of the workplaces must be secure, heathy and
without any heinous predatory practices, for the protection for the workers and increase the
approach of utilitarianism.
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