Legal Solutions for Business Disputes: Kango Case Study

Desklib provides past papers and solved assignments. This report analyzes the English legal system and its impact on businesses.

The Legal Framework and Legal Solutions
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Table of Contents
Introduction......................................................................................................................................3
Task 1...............................................................................................................................................4
Task 2...............................................................................................................................................7
Task 3...............................................................................................................................................9
Task 4.............................................................................................................................................11
Conclusion.....................................................................................................................................12
Reference List................................................................................................................................13
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Introduction
The English legal system of UK is governed by the courts that are available in England and
Wales. The United Kingdom operates under a strict system of common laws that influence the
administrative power of the business. Therefore, the company UK has a different set of legal
rules and regulations that are in operation in the company. The aim of the report is to emphasize
on the English legal system. It would outline the main areas of findings that are very important
for the better growth and functioning of the business. The study will take into account the case
study of Kango and their influence over the growth of the business.
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Task 1
(LO1) Explain the nature of the legal system
Introduction
The report intends to convey information on the English Legal System that is prevalent in the
UK. It will provide an understanding on the elements related to the governmental laws that are in
operation in the UK. The laws will be formulated as per the case study of Kango. This will
formulate the understanding of the factors that are associated with the company.
Discussion
P1. Explain the different sources of law
The English legal system comprises of three main legislations that are in operation in the United
Kingdom. These three self-contained legal systems are in operation in the UK. These
jurisdictions are divided amongst England and Wales, Scotland and Northern Ireland (Gelter,
2016). These jurisdictions have their own separate law, courts system lawyers, and judges. The
term law is associated with the legal framework that is important for the UK system of laws and
duties. The sources of the UK law are generally obtained from Primary Source of Law and
Secondary Source of Law (Haigh, 2018). The primary source of law takes into consideration the
legislation and case laws. These include the integration of Acts of the Parliament, statutes, orders
from the council and so n. The case law integrates the decisions that are made by the higher
courts of the company. With the incorporation of the higher courts, the company is able to build
upon the elements that are significant for the business. The secondary sources of law integrate
the textbooks and opinions of the legal experts of the company. This is very important for the
growth of the high court decisions of the company.
Common Law and Statute: The common laws are regal in nature and are in application across
the whole country. It incorporates the use of the substantive rules that incorporate the offence of
murder, court procedures and so on (Sachdeva, et al., 2018).
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Common Law and Equity: The common law was made as per the requirements of the king’s
court. These laws were administered by the Lord Chancellor for the eradication of the existent
prevailing injustices in the country (Camilleri, 2017).
Civil Law: The civil law is a mixture of their different alternatives. These are mainly civil as
opposed to the criminal law, civil as in secular law, and the civil law under the legal system of
the country. It comprises of the code of laws, which is very important for the business. There are
different type of civil law such as contract, tort, company law, revenue law, and intellectual
property law. These laws are categorised under the civil law, which is important for the business.
Media and Communication Law: The media and communication law is an important aspect of
UK. It regulates the use of the Communication law integrates the regulation of the content that is
portrayed in the UK. The use of the Information law is related to the proper administration of the
content generated by the media. Communication incorporates the use of the media law, which is
an important aspect of the communication media present in the company (Jones, 2016).
Family Court and Court of Protection: The Family law that is in existent in the UK is
concerned with the issues in relation to marriage and divorce. These cases are listed under the
private law and have an impact on the business (Cassese, 2016).
These are sources of laws existing in the English legal system. The English legal system is
capable of administering the role of the various courts and their operations in the business.
P2. Explain the role of the government in law making and how statutory and common law
is applied in courts
The government plays a significant role in making the laws that are statutory in nature and
common. The common laws are made by the wise decisions of the government. This is an
important part of the research (Chan, 2016). It elucidates the significance of the governmental
decision-making that is a part of the company. The aim of the common law is to let the judges
make wide decisions about the evolution of the company. The statutory law is a more formalised
legal system. This has an impact on the public that are part of the business.
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The government plays an important role in the proper and significant growth of the business.
This provides an understanding of the similar cases that are in operation in the company. These
laws are applied in courts and are able to contribute to the better understanding of the legal
statutes that are associated with the legal system. The governments given the accountability to
administer and adjudicate the authenticity of the laws that are made by the company. The
statutory law is made in accordance with the adjudication of the government in the formulation
of various legal laws for the company. With the integration of the statues, the UK government is
able to make easier laws for the company (Llewellyn, 2016).
Therefore, the government makes the rules and legislative factors that are very important for the
business. It is an important part of the company, which also has an influence over the growth of
the business.
Conclusion
The report has given a concise and streamlined understanding on the English legal system. It has
also introduced the legal system of UK. The various controlling factors that are associated with it
have been scrutinized. Therefore, the study has analyzed the areas that are very important for the
governmental legislation that is in operation of the UK.
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Task 2
(LO2) Illustrate the potential impact of the law on a business
Introduction
The report will provide an understanding on the impact of the business laws, which are in
operation in UK. It will also provide an understanding of the employment law and the contract
law, which is in operation in the company. This will give a better and informative understanding
of the notion of self-employed workers in relation to the case study of Kango.
P3. Using specific examples illustrate how company, employment law and contract law has
potential impact upon business.
Every business organization makes the use of the employment law and the contract law. This has
an impact and influence over the company. Therefore, as per the case study of Kango, the
employees are subjected to work under his code of conduct. Therefore, it is important to note
down the differences between the employment and statutory law that is in operation in the
company. The self-employed couriers at Kango’s might have an impact and influence on the
growth and understanding of the business operations (Freedland, et al., 2016). The employment
laws serve to protect the rights of the employees working for the growth of the business. The
businesses make the use of the employment law to prevent lawsuits that might harm the
operation of the business. The employment law covers the contracts and conditions that have an
impact and influence over the growth of the business. The contracts laws are made for the better
decisions between the employer and the employee. This is an important for the growth of
businesses formalised through contract for the better involvement of the business. As per the
case study of Kango, several areas were associated with the potential legal adjudication of the
business.
Therefore, the courts of UK take into consideration the use of the employment and contract laws
while providing employment opportunities to the employees. As seen in the case study, there lies
a clear point of differences between self-employed and employees working in the company.
Therefore, with the integration of the various factors associated with employment and contract
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law, the business is able to thrive in a better manner. The significance of predicting the
employees that are employed or self-employed are done through the incorporation of the notice
period redundancy laws and so on. This is used to determine the various factors that are very
important for the company to function a better manner. An employee under the ‘Employment
Rights Act 1996 is determined to take into account the employee that enters the business
organization. The term worker under the adjudication and law system comprise of the Labour
Relations Act 1992 (Painter, 2015). This law also elucidates the work of an individual to work
under a contract that is important for the business. ‘
That also has an influence over the business operations that are very important for the UK
business law. Therefore, as per the rules and regulations of the company, a worker employed in
K’s business operation is able to get the necessary notice period and redundancy, which is a part
of the business contractual statement.
Conclusion
The report has provided d an understanding between the employment law and the contract law,
which is in operation. Therefore, these laws are scrutinized as per the requirements of the
business. It has scrutinized an understanding of the factors related to the business. Therefore,
with the integration and comprehension of the self-employed workers in business, the legal
operations of the UK have been justified.
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Task 3
(L03) Examine the formation of different type of business organizations
P4: Explore how different types of business organizations are legally formed
The business organizations that are in operation in the company are a product of the legal values
and systems that have an impact on the business. Therefore, the case study provides a legal and
better understanding on the formation of a limited company for the growth of the business. This
has an impact on the legal structure of the company. It also provides a better learning system to
the growth of the business. There are different set or organizations that have a different legal
structure in the growth of the business organizations. Therefore, according to the case study, the
company would operate as per the limited company. Therefore, it is important to evaluate the
different types of business organizations. The different types of subdivision and legal structure
pattern that fall under the private sector company o company will e enumerated below:
Sole Trader: The concept of the sole trader denotes the single entrepreneur who is capable of
managing the business organizations. The main aim of the sole trader company is to attain and
procure maximum profit for their business. This influences the growth of the company and
illustrates the different factors important for the business. T here is different factors that are taken
into consideration while denoting the legal structure of the company (McLaughlin, 2018).
Limited Companies: The limited companies comprise of the use of the private and limited
companies. These companies have a definite set of legal structure that governs the growth of the
business. However, with the integration of the limited companies, the entrepreneurs are liable for
all the faults that are in operation in the business.
Partnership: The partnership companies are a definite association between two willing
entrepreneurs. The companies are able to boost the growth of their business with the adoption of
this legal structure. There might be issues and conflicts that could take place between the two
different entrepreneurs of the company (Leighton, 2015).
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Therefore, in evaluation of the important factors, K should open their private limited company by
keeping in mind the various factors significant of the business. There might be problems that
could arise amidst the work. This could be prevented with the integration and knowledge of the
legal factors that are in operation in the company. This is important for the company to raise
awareness on the various elements that are associated with the growth of the business. That
creates a better sense of judgement between the operators and the company.
P5: Explain how business organizations are managed and funded
The business organizations that are managed are also funded through the UK government. This
provides an understanding to the system that is prevalent in the business. The businesses are
funded and managed according to their legal structure and standing. This has an impact on the
operations of the company. The company is able fund and manage their company structure
through the classification of sole trader, partnership, and limited companies. The sole trader
company is managed single handed by an entrepreneur. The positive impact of the business is its
ability to manage their resources without the governmental interference. Therefore, the sole
trader company are managed and funded officially through investors. In case of a loss, the
entrepreneur suffers a sealed business operation (Bennett, 2016).
Willing entrepreneurs that venture into the operation of the company manage the partnership
businesses. Therefore, the partnership companies are able to invest and fund their own business
operations. This has an impact on the influence of the business. Therefore, the partnership
companies are funded as per the shareholders of the company (Whish, 2015). This important
fund is segregated between the partners and the investors of the business. The limited companies
make the use of the funded through the integration of the managerial procedures. This is an
important part of the research. The shareholders and the partners of the company are accountable
for the funding of the business (Finch, 2017). Therefore, with the integration of the various
factors that are related the company K should consider the entire all the possible alternatives
before business. In critical evaluation of the factors that are associated, the company is able to
make a critical research on the topic. This has an impact upon the operations of the company and
gives the legal knowledge required to the businesses to function in a better manner. This would
be helpful for the operation of the company.
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Task 4
(LO4) Recommend appropriate legal solutions to resolve areas of dispute
P6. Recommend legal solutions for resolving a range of disputes using examples to
demonstrate how a party might obtain legal advice and support
Legal solutions play an important role in the determination of the various conflicts and disputes
that arise in the business. Therefore, as stated in the case law, the company K ahs intertwined
themselves in a legal dispute. This has an impact on the operations of the business important for
the company. Therefore, it is expected of the company to take into consideration the legal lawyer
resolving disputes that arise between suppliers and employer. In case of litigation, the company
K should also seek reference from a legal adjudicator important for the business. This is useful,
as it would lead to the resolving of the various disputes that might have an impact and influence
the growth of the business (Nelken, 2017).
The company K might seek litigation and seek justice from its employers. That would also have
an influence over the growth and functioning of the companies in a better manner. This would
have an impact and influence the employers to have a better understanding of the business. The
management of team should be able to elucidate the growth of the businesses, which is very
important for the alternative solution. The IT suppliers can function as per the requirements of
the Consumer Rights Regulations 2012. This would have an impact on the conflicts, which are
between the employer and the supplier.
The company K can also opt for a mutual understanding between points the companies. This
would be resolved through the incorporation of a letter that would cease the conflicts between
the suppliers and the employer. This is less time consuming and lead to the better growth and
understanding of the company. Hence, the party may acquire legal support through the third
party advices on the growth of the business legal regulations. This would affect the operations of
the business and lead to better company growth.
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