Nelson College London, HND Business Law: Law and Legal System Report

This report delves into the English legal system, examining its various sources, including legislation and case law. It explores the process of law-making, highlighting the roles of Parliament and the government, and the application of statutory and common law in courts. The report further analyzes the potential impact of different laws, such as contract law, the Companies Act, and employment law, on businesses. It also discusses the legal formation, management, and funding of business organizations, including partnerships, sole proprietorships, and companies. Finally, the report recommends various dispute resolution methods, such as arbitration, negotiation, and conciliation, for resolving business disputes. The report aims to provide a comprehensive understanding of the legal framework within which businesses operate.

Law and the Legal
System

Table of content
INTRODUCTION.......................................................................................................................................3
TASK 1.......................................................................................................................................................3
P1 Various sources of the laws................................................................................................................3
P2 Process of law making together with role of government and application of statutory and common
law in courts............................................................................................................................................4
TASK 2.......................................................................................................................................................5
P3 Potential impact of different laws on businesses................................................................................5
TASK 3.......................................................................................................................................................6
P4 How business organizations are legally formed..................................................................................6
P5 How business enterprises are managed and funded............................................................................7
TASK 4.......................................................................................................................................................8
P6 Recommend different dispute resolution for resolving disputes.........................................................8
CONCLUSION...........................................................................................................................................9
REFERENCES............................................................................................................................................9

INTRODUCTION
Law helps out to maintain the rules and regulations which all the implemented decisions
can be framed out. Business law the corporate method which helps her to provide the laws for all
the civil in the corporate world by regulating the functions and smooth running of business
practice (Alpa, 2018). It covers out contract, health and safety legislation, companies act and
many more. It helps out to maintain the success and also the valuable asset for all the variable
terms of employment. This report will cover Impacts on various business of organisations with
the English legal systems. Further it will also cover the funds that are being raised by the
business practises and that alternative dispute resolution.
TASK 1
P1 Various sources of the laws.
English legal system implements out the regulations and rules that helps out to maintain
the criminal and civil solution. It mainly cover out the study tree and common law objectives.
Some of the important sources of legislation are as follows:
Primary
 Legislation: These are mainly the lawmaking bodies which used to cover out all the
supreme authority is in order to maintain the Constitution and the implementation of
Parliamentary laws (Clarke, and et. al.,2017).
 Case laws: It covers out all the decisions that are being implemented by judges of
superior courts in law reports and also by the facts on the judgement that are being raised
will be applied and binding on the subordinate courts and the other courts.
Secondary
 Law journals: This mainly specify out all the important case commentaries and the
articulate it legal issues and articles that are being covered under it.

 Text book: It covers out all the academics through which the students are there by being
covered for the legal research of the topics.
 Legal Encyclopaedia: It maintains the facts, issues and all the important key points
through which all the recent law research can be implemented.
P2 Process of law making together with role of government and application of statutory and
common law in courts.
Parliament implement out some important authorities in order to maintain the legislation.
It provides the lawmaking process through laws and also helps out to propose the bill for the
Parliament there are some important process which are like:
 First reading: It is mainly where the bill is being introduced to both the house.
 Second reading: This provides a discussion and the important debates that are being
needed for the bill no voting is being taken place.
 Committee stage: It mainly involved examination of bill and the important amendments.
 Report stage: This provides out the necessary amendments and changes from the
Parliament (Brint, and Yoshikawa, 2017).
 Third reading: It covers final step through which all the loopholes are being covered.
 Considered amendments: The stage requires all the suggestions from the houses and
acceptance and rejection from the Lords.
 Royal assent: If the bill is being passed by the Parliament then it will be applied and
enforced on individuals.
Applications in law courts
It provides out all the superior court usually cover out the subordinate courts in order to
follow that she’s on an implementation is to start it and common law. Statutory law implements
out the legal principles and the doctors are being covered under the common law (Bargfrede,
2017).

TASK 2
P3 Potential impact of different laws on businesses.
In order to maintain the important areas in governing changes through the organisations
and enterprise it is important to provide the legal restrictions through which the actions can be
implemented which are mentioned there under:
 Contract law: This provides out all the important transactions and agreements that are
being made between the parties in order to protect them from loss and the breach in the
agreements. It covers out that live rights, obligations and liabilities between the parties
through the enforceable contracts and obligations (Yeoh, 2019). It also manage the
remedies that are being available for the breach of contract. Contract law helps how to
implement the proper strategy through which the agreements can be thereby in foods and
also being maintained. There are four main important elements that are being
implemented in order to frame in a contract they are like offer, acceptance, consideration
and the legal obligation to do so. In case of any breach of contract their covered out
various specific performance of contract, injunction and other remedies.
 Companies act: It mainly provides the incorporation that is being made between the
companies through which the transparency between the stakeholders and associated areas
for the protection and exploitation if we maintain. It provides the rights and the essential
liabilities through which they can run in effective areas and manners. All the necessary
amendments are being made through the changing needs and the transparency that is
being framed in the society. For all the companies act all the important implementation
for the rights are being covered and it helps out to maintain the amendments. As for the
registration the company at used to incorporate important advancement and the methods
through which they can frame of the essentiality (Busch, 2017).
 Employment law: These are mainly the law which helps out to protect the rights of all the
individuals and employees who have been working in the company from unfair and the
wrong treatment and also protect their rights regarding the equal pay, discrimination that
is being made in the company it also provides out the characteristics and important
quality law through his discrimination can thereby be prevented between them. All the
workforce are being protected by the employment act as it heads out to provide equal pay

for equal work and also give a safer environment for all the employees working working
in the company. It promotes out the equality and also remove the discrimination through
which they have sought to maintain that no discrimination can be made according to race,
gender, sex, caste etc.
TASK 3
P4 How business organizations are legally formed.
For all the business organisations it is important to maintain the important framework for
legal formation of companies and their framework can be maintained by different structure,
libraries, ownership some of which are being mentioned as there under:
 Partnership: All these business are being carried by two or more individuals as they used
to decide in all the mutual agreements between their partnership terms. They used to
share out all the capitals, profit and the contribution between them their rules and
responsibilities will be lying together. They usually cover out to important types of
partnership that are unlimited liabilities which usually form through the HM RC a
registration and also the registrations is being made it for the partnership agreement and
the second usually cover of the Limited liability partnership which mainly frame out from
the companies house (Fenwick, and et. al., 2018).
 Sole proprietorship: All those business which are mainly from small scale areas and are
being carried by the single owner and controlled by the sole businessman are being
covered in it. These attempts are practice which are being independently framed and
usually being registered in HMRC on the name of various enterprises. All the business
who are being carried in a suit properties ship usually being handled by a single
individual and all such business practices are being handled in a framework of lower
capital that is being raised under it. These are mainly the small-scale business practices
that are being rest out through the companies and it helps out to frame the nature and
culture (Novak, 2019).
 Companies: These are mainly the separate legal entity which all Bing cover out the
artificial personality that are being different from all the owners who used to lie about the
common seal that can be framed in order to sue and can also be sued. This is mainly

being run by the directors as the cover of the liabilities and the important areas in order to
pay the corporation taxes and also belong to the legal formation of a complex and lengthy
procedure.
P5 How business enterprises are managed and funded.
In order to maintain the business organisation it is important to frame the functions of
funding and the finances been raised in a proper manner some of which are mentioned below:
 Partnership: All business which are being run by two or more individuals are being
managed and a green through the verbal contract is used to cover and manage their funds
either by the camp contribution and sharing all the profit loss and the funds are being
raised by the personal saving and also through the contribution that are being raised
through capital. In all the partnership business the shares are being handled by the equal
contribution and buy their own savings and it had sought to maintain the evaluation and
radiation is through which they can gain out the other laws and the field through which
they can raise the capital (Bright, 2018).
 Companies: As their covers two important type of companies like public company used
to raise their funds by inviting various public shares and the form to the capital raised
area and the private company used to raise to the equity in the depths data being managed
to the directors and also implement out the management for board of directors that are
being framed and elected. In all the companies business it is important to maintain the
funds by the directors as they help out to manage the public share and also to provide and
promote the shareholders to invest in the companies.
 Sole proprietorship: It provides out all the important management through which the
liabilities and the responsibilities are being carried out. It mainly cover of the operations
through with decision making powers and the management control can be implemented
in a small scale business practice through which the funds can be raised and manage with
their acquired areas in personal savings. As a business is being carried on as sole person
it usually manage out all the business practices and the funds that are being allocated
through their own savings. And also can take the money from the bank loans in order to
invest in a larger section.

TASK 4
P6 Recommend different dispute resolution for resolving disputes.
As for all the businesses is important to maintain and resolve the disputes in an
appropriate areas. Litigation usually cover out the dispute that are been consuming and costly
process and for serving the UK government tries to provide an alternative dispute resolution
through which an effective and speedy disposal of disputes can be maintained. Some of which
are mentioned as follows:
 Arbitration: This provide out an arbitrator who used to provide the judgement in a
neutral manner through which the party used to appointed and it used to collect out
important decision and here the evidence and facts. The decision is being implemented
and binding on the parties. As all the arbitrator helps out to maintain the balance and also
tries to maintain the benefit through which all the methods are covered (Miller, 2021).
 Negotiation: It provides out all the appointing of the third party that he was to help out in
a win-win situation and also negotiate between the parties way amicable solution which
is being given by them so that the decision will be binding on both the parties by the
negotiator and it will be signed as an agreement.
 Conciliation: This mainly cover out a conciliator is being appointed with used to collect
the evidence and you should try to maintain the settlement between the parties and also
provide a proper flexible nature of resolution through which it helps out to inoculate the
decision.
 Mediation: It helps out to provide a third party which helps in mediating and also in
maintaining the better ideas and suggestions for the parties and also to implement out the
judgement which solution and evolving of dispute can be maintained.
For this case scenario the parties can thereby solve the dispute with the help of arbitration as
it will help out to solve and implicate their international dispute and methods and will also bring
a proper binding decision in a speedy manner through which they can frame out a cost effective
and timely procedure in solution of dispute.

CONCLUSION
From this above report it is concluded that business law helps out to provide a proper
implementation of laws in a corporate and civil matters. Parliament is a main lawmaking
legislative authority and provides of various laws business legislation. In order to regulate
various lock employment law, contract, company covers out important articulation. For the more
it is also concluded that business organisation helps out to manage the business a manner and
also raise of finance and the funds with the help of companies, partnership and the different
effects. Resolution helps out to solve the business in cost-effective methods to negotiation,
arbitration, conciliation and mediation.
REFERENCES
Books and Journals
Alpa, G., 2018. Arbitration and ADR Reforms in Italy. European Business Law Review, 29(2).
Bargfrede, A., 2017. Music Law in the Digital Age: Copyright Essentials for Today's Music
Business. Hal Leonard Corporation.
Bright, C., 2018. Creating a Legislative Level Playing Field in Business and Human Rights at the
European Level: Is the French Law on the Duty of Vigilance the Way Forward?.
Brint, S. and Yoshikawa, S.R., 2017. The educational backgrounds of American business and
government leaders: Inter-industry variation in recruitment from elite colleges and
graduate programs. Social Forces, 96(2), pp.561-590.
Busch, D., 2017. Governance of the European Banking Union’s Single Resolution
Mechanism. European Business Law Review, 28(4).
Clarke, and et. al.,2017. Commercial law: Text, cases, and materials. Oxford University Press.
Fenwick, and et. al., 2018. Business and regulatory responses to artificial intelligence: dynamic
regulation, innovation ecosystems and the strategic management of disruptive
technology. In Robotics, AI and the Future of Law (pp. 81-103). Springer, Singapore.
Miller, R.L., 2021. Business Law Today, the Essentials: Text and Summarized Cases. Cengage
learning.
Novak, W.J., 2019. Institutional Economics and the Progressive Movement for the Social
Control of American Business. Business History Review, 93(4), pp.665-696.
Yeoh, P., 2019. Corporate governance codes in the UK: The risk of over-reliance. Business Law
Review, 40(1), pp.19-27.