Business Law Report: Legal System, Impact, and Solutions

This report analyzes business law, focusing on the English legal system, its composition, and sources, including common and statutory law. It explores the government's role in law-making and the implications of these laws on business organizations. The report examines legal solutions to business problems, justifying these solutions and highlighting the advantages of alternative dispute resolution. The structure includes an introduction outlining the purpose of business law, followed by tasks that delve into the English legal system, the impact of law on businesses, and potential solutions to business challenges. The report concludes with a summary of the findings and references used.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Composition of English legal system and sources of law......................................................1
P2 Function of government in making Laws and implication of common and statutory laws...3
TASK 2............................................................................................................................................6
P3) Impact of law on Business organisation...............................................................................6
TASK 3 ...........................................................................................................................................7
P4) Legal solution in relation to business problems...................................................................7
P5) Justification for the solution.................................................................................................8
TASK 4............................................................................................................................................9
P6 Concept and advantages of using alternative dispute resolution procedures.........................9
CONCLUSION.............................................................................................................................10
REFRENCES ................................................................................................................................11

INTRODUCTION
Business laws defines rules and regulations which had to be followed by firms in order to run
there activities in effective ways. It helps in defining the directions in which different operations
of business will be performed in order to achieve success. All activities of firms should be
conducted in lawful order and they they should see that no legal structures are violated by
management. Different laws are enacted which are helpful in providing justice to people if they
have not committed any mistakes (Miller, 2015). People should be aware about there roles and
responsibilities at work place. This report contains the study about Structure of Law and its
sources, Role of government in legal systems and its impact on organisations. Legal solutions for
various business problems and solutions to solve the issues.
TASK 1
P1 Composition of English legal system and sources of law
(Source: English Legal Structure, 2017)
English Laws composes of various systems in which legal structures are defined which are
helpful in taking decisions according to the requirements which arises in courts of UK. This
helps in taking important decisions. This can be beneficial for those persons who have not
committed any fault and they are looking for justice. The whole nation is depended upon this
process because it helps in providing assistance to people who are innocent (Bowie, 2017).
Hierarchy of UK court
Supreme court: It is the highest court which implies that once the decisions are taken by
the judges of this court than no modifications can be made in those decisions. This has been
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Illustration 1: English Legal Structure

changes with “ Houses of Lords” in the year 2009. They hear the situations from court of appeals
and in vary less situations they can take cases from High Courts.
Court of Appeal: It consist of two sections which are divided in civil and criminal.
Important decisions are taken by concern of royal court of appeal.
Civil Divisions: This sections is accountant for solving the issues which are related with
civil legislations. They can solve problems which are growing between families. Thus they are
helpful in giving justice to these families by providing solutions for the problem.
Criminal sections: It contains cases which are of criminal nature. The major
responsibilities of solving these problems are with crown courts. They can give penalization or
punishment to criminals for the unlawful act they have done.
High Court: It consist of supreme courts which are operating in states as well as nations.
It is also names as the biggest court in some nations. It is divided in three areas which includes
family, chancery and Bench Queen (Thill, 2014).
Chancery Court: This is an vital elements of English Laws. This court has the
responsibilities to make changes in circuit legal structures which are linked with laws which are
operating commonly. They are involves in solving matters which are related with mental and
physical disability, dissolution of contract act and redemption in cases which are linked with land
and properties.
Family division: All the cases which are linked with families are addressed here and the
decisions to problems are based on suitable laws which can be applied in that situation.
Chancery Division: It consist of multidisciplinary cases which are related with different
field like fraud and theft, intellectual property rights and conflicts.
Queens Bench Division: It is the court where matters related with drugs are accounted.
The opinion which are given by judicial are considered as the final decisions.
Country and crown courts: The country courts considers various issues which are linked
with civil laws and the matters which have values under £5000. It includes breaking of contacts
by persons, repayments of debt and equity shares. In crown courts the cases which are involved
with crimes are considered and they are solved by the appeals from Magistrates (Eren and et. al.,
2012).
Magistrates: They considered both civil and general cases which are related with land &
property and family.
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Different sources of laws
Common Law: This legal structure deals with cases which are related with daily issues.
The decisions are taken by the judges on the bases of past issues that have been addressed, this
helps in creating a base so that the current issues can be easily resolved. This can sometimes
turns into a bad situations when the cases become complicated if people does not agree with the
same solutions (Folsom and et al., 2012).
Equity Law: It consists of various plans and procedures which are helpful in solving
different problems. This legal procedures can be applied when modifications are not matching
with the current situations. This laws is helpful when property of an individual is getting sealed
under under government authority thus they assist persons in this situation by applying this law
to get justice.
Judicial Precedent: This process consist of legal elements in which case and common
laws are presented in effective ways. They are helpful in taking important decisions in an
appropriate ways.
NMW Act: This act was enacted in 1988 to provide minimal wages to employees who are
employed at work place. This act was helpful in providing justice to employees by providing
them wages according to there work hours.
P2 Function of government in making Laws and implication of common and statutory laws
Laws are helpful in implementing plans and policies at work places. These legal
structures are helpful in caring out different business operations. Government officials have
taken authorities to implement laws which are helpful in different situations. Thus it can be said
that implementations of laws are helpful for whole nations.
Law making process consist of:
Issues which are linked with government agenda: All the parties which are involved in
politics are fighting with each other so that they can easily get support from British voters. They
are appealing for making changes which are helpful for the individuals of nations. The political
parties who are successful in their plans are successfully framing new governments with
applicable changes (Cameron, 2017).
Ideas for addressing issues: This process contains issues which are related to some
difficulty and than effective ideas are evolved to solve these problems in appropriate way. The
main responsibilities of providing solutions are with firms and housing departments.
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Interest persons and groups are considered: In this process a similar group is designed
of persons who are facing same types of problems. There views are very helpful in providing
solutions by which the problems can be easily solved. Higher authorities are involving expert
persons who can easily give appropriate solution for the problem or persons who have faced the
same difficulty in earlier times there opinion can be considered (Eren and et. al., 2012).
Ministers should agree to forward the proposal: The ministers should considers every
aspects of problems which are creating difficulty for persons. There is a committee which is
designed by ministers which controls different policies which are presented to government
authorities.
Preparations of Bills: It is the sole duty of government officials to forwards the correct
proposals which can be easily generated into bills. These bills are made so that they can easily
provide solution for problems which are faced by persons.
Parliament considers scrutinises bills: The major focuses of parliament is on elements
which are known as Bills. These are presented by government authorities. The bills should be
approved from the two houses of parliaments and also from common house. The bills in these
houses are running through the similar processes.
Parliamentary stages: The journey of bills are initially started from both the houses.
Taxation bills are contained in common houses.
First Reading: The bills can be available to all members of parliaments after it had been
addressed and read in chambers (Boyd, 2013).
Second stage: Each each and every situations votes are generated by MP's
Committee Stage: At this stages all employees have rights that they are libel to give the
votes to that party which they think will work in favour of nations.
Report Stage: A report is prepared at this stages which consist of changes implemented
by both the houses of parliaments. This is beneficial for providing solutions for the problems
which can be useful for country.
Third Regarding: This is the final stages which are linked with reading in parliaments
and studies are carried out in detail format so that effective solutions can be applied to problems.
Approval of Bills: The final approval of bills are accepted if the members of parliaments
are in favour of accepting it. There results can be negative or positive.
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Monarch's assent turns the approved bill into an act or law: They are known as Royal Assets
as the bills have to be taken approval of Monarchs. They gave there approvals when ministers
which are there in parliaments advises them to do the same.
There are various difference between statutory and common law which are described as:
Common Law Statutory Law
 These laws are known as Case laws.
The legal structures are based on rules
and regulations which are enacted by
courts.
 The decisions which are provided by
Judge in relation to problems are
considered (Folsom and et. al., 2012).
 It is a system which are related with
plans and procedures.
 Common Laws are instructive in
natures.
 These laws are linked with legislations
of the nations.
 Different and new laws are enacted by
government authorities.
 It is linked with subjective matters.
 Statutory Laws are prescriptive in
natures.
Execution of common law and statutory laws:
Statutory Implementations: This process is related with developing plans and policies so
that decisions can be implemented in suitable ways. Every person who is member of parliaments
have the authorities to show there presence in decision making process. The problems can be
related or not to there subjective but they can participate in decision making.
Aids used by Judges: The presence of judges are important in solving different problems.
The risk which arises in the process are not calculated. It these risk are considered than it gives
negative impressions. In various cases aids are given by the judges in relation to Oxford
directories, judicial structures etc. (Bowie, 2017).
Rules of interpretations: Different laws are made which are helpful in giving right
interpretations for the problems which are solved by Judges. Bills are also beneficial in creating
right decisions for the problems which are operating in nations.
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TASK 2
P3) Impact of law on Business organisation
Laws plays an important role in business firms to carry all is activities in planned ways.
Business consist of different activities which are combined to achieve desired goals of business.
Various responsibilities are assigned to workers by their authorities in order to make them ready
to face challenges. Plans are policies are also adopted by government to run business activities.
Legal obligations of Employees includes the following laws:
Occupational health and safety act: This act is related with health and safety ODF
employees who are performing business operations. They should provide security at work places
so that if they are prone to accident than they can be compensated for the same. There was an act
which was related with Occupation Health and Safety to control physical and mental stress of
workers. If business activities are running in safe environment so it will result in achieving goals
by employees. Obstacles can occur at any time in work place so management should ensure
safety of there employees (Folsom, 2012).
Workers compensation: There were various laws which were enacted to compensate the
employees so that they can be motivated to achieve there business targets. This act provided
benefits to those employees who are permanent at work place. Compensation is provided to
employees if they are suffering from diseases or meet with an accident. They are automatically
libel to get recompense benefits in this case. Thus insurance are provided to employees so that
they will get their desired salaries.
Harassment: This situation arises at work place if employees are treated aggressively by
their higher authorities. This can be seen in those firms where no rules and regulations are
followed and laws are been violated. This is against the laws thus organisation should make
plans so that there employees are well treated. Justice can be provided to employees by giving
punishment to persons who is harassing their workers.
Equal opportunity: This relates to adopting plans and policies at work place so that all
employees can be treated equally in respect to work, responsibilities and salaries. It is helpful in
creating positive work environment in order to get desired results avoid conflicts from work
place (Munch, 2012).
B Case Study
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In the present case there was a 16 years old girl who was employed at fast food shop. One day an
accident took place as her hand slipped into a deep frying pan in which oil was boiling at
temperature of 360 Degree. When this happen there was no staff to take care of her and the TL
was also not concern about her.
Health and Safety: At the work place safety of employees should be given first priority
because accident can happen at any time. According to the case the Team Leader were not
concerned about the girl, there were no steps taken by management when she meet with an
critical accident. No plans were made in order to ensure safety of there employees. The
management should focuses on adopting measures so that workers can perform there operations
in safe environment. They can enact Occupation Health and Safety Act so as to protect
employees and compensating them for the same (Miller, 2015).
TASK 3
P4) Legal solution in relation to business problems
Case 1
Firms should adopt plans and policies so that employees works according to them.
Business laws are applied if any laws are violated by humans
Approaches to dismissal are described below:
Constructive Dismissal: This circumstance occurs where there is breaching of contracts.
The outcomes of this is related with employees are leaving the work places as they are not
satisfied with the environment in which activities are operating.
Fair Dismissal: This arises when there is valid reason are given by employers for
discharging there employees. According to laws it is said that if any authorities wants to fire their
workers than they should give them notice in advance so that they can look for a different Job.
This arises when employees lack in knowledge or potential to do there assigned work.
Unfair Dismissal: This arises when employers are removing workers from employment.
This is wrong in eyes of law as prior notice had to be provided before doing so (Roberts, 2011).
Case 2
The cited case deals with insurance and it implies that person had to claim insurance before 2
years from the time he had taken insurance policy.
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Resolution for problem from both the cases can be implemented with the help of following:
If any employees is fired by there employers without any message in advance than they
can put there problems in employee tribunals. Calvin can put his problem in this tribunal in order
to solve her problem and get justice.
There are various employment rights which are enacted by Law. So Calvin can use this
right because she was blamed about theft even there was no physical evidence which reflect that
she was responsible for the same. Thus she can complain about her employer who terminated her
even if she was not wrong.
Insurance Policies should be adopted by Den which are for Longer Time Durations.
There are various insurance schemes which are enacted by government which are
beneficial and these should be adopted by Den.
An insurer needs to describe plans and policies to a person if they are contrary so that
they can be easily understood by an individual.
P5) Justification for the solution
Every business should follow plans and policies which are helpful in enacting different
laws at work places so that they can helps in effective business operations.
Employment act 1996: This act came into force in order to protect the employees from
any unlawful policies. This is applied when workers are fired without any notice and redundancy
of employees. Employees are called as fruits of organisations because if they will not work all
the business operations will stop. When the employees join the firm than they are provided with
written letter in order to assure that this law is applicable at work place. Various act are included
under this which composes of Wages act which was enacted in 1985 and contract act of 1963.
Section 94: This section lays down the message that no employers can fire their
employees without giving them any prior notice (Mann, 2012).
Section 95: This act implies that workers had right to dismiss their employees from work
place if they does not follow rules and regulations in-spite of warnings or damage any property
of company.
Section 96: This section is related with unfair dismissal of employees and this is against
the Law. No employer had right to fire their employees without valid reason or giving them prior
notices.
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From both the case of Calvin and Donna there termination was unlawful as they were
terminated from there work place without any notice in advance.
The second case implies that Den was denied for calming insurance as he was not ware of
the insurance plan.
TASK 4
P6 Concept and advantages of using alternative dispute resolution procedures
Alternative dispute resolutions can be adopted by firms in order to resolve conflicts. It
helps in resolving disputes without taking the case to the court with agreements among
shareholders, traders and suppliers of the firms. Government is providing help so as to establish
ADR to so that conflicts can be resolved on there own. Best solutions to problems can be implied
with the help of negotiations among different members who are present at organisation.
In the case Antwon and Tyrell were having disputes for long times and they were not able
to find proper solution for the problem. Thus ADR can helps them in finding proper solutions
which had to be followed by them so that conflicts are resolved easily (Yam, 2011).
Benefits of ADR
It is helpful in reducing expenses which are to be incurred at courts in which amount had
to be given to layers to solve the problem.
It is a very simple process and the information about the cases are safe and secured.
Law of different country are described as :
Company law USA
To finding effective solution for problems they had applied
securities and exchange act of 1933 and 1934. these ac5t are
useful for exchanging various shares. It consist of different
registration and preventive actions (Mallor and et. al., 2012).
UK
They have adopted companies act which are useful in defining
responsibilities to authorities in effective ways. Thus the work
are carried out in effective ways if these rules and regulations are
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followed.
CONCLUSION
From the above report it can be concluded that Laws are helpful in protecting rights of
individuals. If business follows legal structures than its activities will be carried out in effective
ways. There are various act which are helpful ion providing justice to people who are innocent
and had not committed any mistakes. Government also plays an effective role in framing of
policies which are helpful for development of nation.
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