Business Law Assignment: An Analysis of UK Law and Business Structures

Desklib provides past papers and solved assignments for students. This report explores UK business law, covering various aspects and dispute resolution.

Business Law
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Table of Contents
Introduction......................................................................................................................................3
Section 1..........................................................................................................................................4
Task 1- (LO1 & LO2)......................................................................................................................4
a) Discuss the meaning of this statement and discuss the various sources of UK Laws (P1).. 4
b) Explain the role of government in the lawmaking process and how statutory and common
law is applied in the justice courts (P2).......................................................................................6
Recent reforms and developments in the legal system (M1).......................................................7
c) Use specific examples to illustrate how the company, employment, and contract law has a
potential impact on business.(P3)................................................................................................8
Impacts of regulations, legislation, and standards (M2)..............................................................9
Evaluation of the legal system and law, with evidence drawn from a range of different relevant
examples to support judgments (D1).........................................................................................10
Task 2- (LO3)................................................................................................................................11
Exploring the nature and formation of different types of business (P4)....................................11
How business organizations are managed and funded (P5).......................................................12
The advantages and disadvantages of the formation of different types of business organizations
(M3)...........................................................................................................................................13
Critically review and evaluation of the types of business organizations (D2)...........................14
Section 2- (LO4)............................................................................................................................15
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In both cases, you are to recommend an appropriate legal solution to resolving the disputes
using case laws or statutes to support your recommendation (P6)............................................15
Compare and contrast different sources of legal advice and support for dispute resolution (M4)
....................................................................................................................................................17
Evaluate the effectiveness of legal solutions, legal advice, and support for dispute resolution
(D3)............................................................................................................................................18
Conclusion.....................................................................................................................................19
References......................................................................................................................................20
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Introduction
The legal system of the UK plays an essential role in maintaining law and order and maintains
discipline in the country. Business law assists the businesses to perform the operations of the
business by abiding with the rules and regulations. This law governs businesses to regulate
corporate contracts and deals with the issues of public and private law. In this assignment, it
consists the law sources and the process for enacting of law is explained in detail and also
includes the recent reforms and development in the UK. Further, different law that relates to the
contract and employment law are discussed by explaining the impacts of legislation, regulations,
and standards and include exploration of several types of business organizations by discussing
the advantages and disadvantages. It also consists the several solutions of the given issues in the
scenario and also depicts the alternative dispute resolution methods to resolve the disputes with
the methods other than the assistance of the courts. For taking the better decisions it is important
to understand the business law and it also provides a detailed understanding of the requirements
that need to be legally complying in the organizations.
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Section 1
Task 1- (LO1 & LO2)
a) Discuss the meaning of this statement and discuss the various sources of UK Laws (P1).
As per the laws of the UK, the Queen delivers the speech in both the Houses to depict the
performances and plans of the government and the Parliament. In this context, the role of the
Parliament is crucial for enacting then laws as per the requirements of the country. For
maintaining law and order the law sources are important for governing the laws in the nation.
There are various law sources that are explained below:
Common law- This is the essential source of the process of lawmaking which is enacted by the
Parliament. Common law is the practices that are in practice between the people for a long
period of time.
Legislation- For enacting the bill, legislation is the most important source which is divided into
various stages. These stages include First reading, second reading and third reading ending with
the consent of the Monarch (Besson and d'Aspremont, 2017).
Law of the European Union- European Union is the union that regulates the rules and
regulations to entertain the matters relates to the members of the European Union. It is
responsible for enacting the laws for its members and the members of the European Union are
accountable to comply with all the rules and regulation of the European court.
International courts- These courts are responsible to handle the issues of different countries.
These courts are formed through treaties and agreements between the nations and it purely
excludes those courts that are governed under the national authority (SOAS Library., 2012).
Precedents- Precedents are the principles or rules that are decided in the previous cases and
these decisions are binding on the subsequent courts of the issues of similar nature and facts. In
this context, the subordinate courts are binding for decisions that are already passed by the higher
courts.
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Barristers- Barristers are the one who is specialize in resolving the litigation and also provide a
legal opinion to the disputed parties (Kirby, 2016).
Solicitors- Solicitors are responsible for providing guidance to the barristers and represent the
clients in some of the courts.
Judges- Judges are the one who resolves the disputes between the parties and entertains the
proceeding of the courts and also conducts the courts trial.
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b) Explain the role of government in the lawmaking process and how statutory and
common law is applied in the justice courts (P2).
In the process of law making, there are various arms of the government that assist in this process.
In this, the Queen is the state head and the executives are responsible for the roles of the
leadership and the Judiciary is accountable for the law applicability.
In his process, the role of the Houses of Commons and Lords contribute for enacting the
legislatures in the UK. In this, the Houses of Commons acts as an executive of the country where
the 650 members are elected in this house. On the other hand, the Lords Houses are accountable
for the work of government and also contribute in-laws and its shaping.
To fulfill the law requirements of the country, the government enacted the laws to satisfy the
requirements so as to regulate the functions in the country. For such purpose, the bill is drafted
and recommends in both the houses (GOV.UK., 2013). This procedure commences with the
First Reading in which the bill and its title are read out in form of the members of both the
houses. In the Second Reading, the contents of the bill are discussed in detail for further
changes. After this, the next stage is the committee stage which includes in considering the
changes that are discussed at the prior stage. The bill is finally considered at the stage of
reporting where the changes are discussed by both the houses. In the stage of third reading, the
members of both the house finally voted on the bill. After receiving the consent of both the
house, the last stage is the stage that requires final consent of the Monarch. After the mutual
consent of the houses and the assent of the Queen, the bill becomes the law.
For resolving the disputes between the parties, this system is categories into the criminal and
civil law (Harlow, 2016). In civil law, the claimant has the right to claim against the
wrongdoings. Whereas criminal law is responsible for resolving the issues involves crimes of
severe nature endangering health, safety, and property and people welfare. The main aim of both
the laws is to prevent crimes and maintain the law and order in the country.
In the UK, the court's hierarchy includes where the topmost court is the Supreme Court, after that
Court of Appeal, after that justice of High courts, the country courts and the last is the Tribunals.
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Recent reforms and developments in the legal system (M1).
To make the legal process simpler and faster the role of the Woolf reforms is crucial that assist
the public with the appropriate justice which is just and equitable. This system assists in reducing
the complexity and cost of the litigation system. In this context, for dealing with the matters of
commercial nature then the role of the mercantile court is crucial. Further, the alternate dispute
resolution methods assist the disputed parties to resolve the issues outside of the courts to get
justice. Moreover, the court of technology and construction resolve the matters of that require
technology specialize matter. The courts of administrative law handle the matter that relates and
involves the public.
Reforms in the constitution modernization that assist in improvement, for example, the Crown
succession is in the hands of the female instead of male. Further, the Fixed Term Parliaments
Act provides equal opportunities to each and every person in the elections.
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c) Use specific examples to illustrate how the company, employment, and contract law has a
potential impact on business.(P3)
To handle the business operations successfully the role of the undermentioned laws are important
and crucial. These are:
Company law- To perform the business operation in a transparent and fair manner, for this
purpose the Companies Act, 2006 is enacted to guide the operation of the company. The
company is the one which has a separate legal entity from its members and can be sue or sued by
its own name (Milman, 2017). The company is incorporated with limited by share or limited by
guarantee. If the company is limited by shares than the shareholders are liable to contribute on
the basis of their shareholdings and if the company limited by guarantee than the members are
liable to contribute that amount for which they are guaranteed. In this context, the Salomon vs
Salomon case is taken as an example which involves the matter of contribution in the debts of
the company at the time of liquidation. The shareholders are the real owners of the company
whereas the board of directors are responsible for performing the responsibilities that are
mentioned under Section 171 to 177. Further, the company is divided into two categories that are
private and public company.
Employment Law- This law governs the rights of the employees at the place of occupation so
that they get equal opportunities. In this context, the Employment Right Act, 1996 is enacted to
provide security and safety to the employees and protects the employee’s contracts with the
companies that are mentioned under Section 230(1). This law also provides protection to the
employees to access the rights against the unfair treatment at the workplace and also possess the
right to take appropriate action against the wrongful dismissal and the employees have the right
to claim damages against the wrongful treatment (Countouris, 2016). In the case of Ready Mixed
Concrete (South East) Ltd v Minister of Pensions and National Insurance1968, the court
defines the true relation between the employee and the employer.
Contract Law- This law binding the contractual parties to perform duties and responsibilities as
per the terms and condition of the contract and provide the right to the innocent party to claim
compensation in case of breach the contract by unfair means (Ashworth and Perera, 2018). To
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perform the contracts in a fair manner the parties are abiding with the essentials of the contract
that includes an offer, acceptance, considerations, the intention of the parties and contract
privacy.
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Impacts of regulations, legislation, and standards (M2).
The impacts of the standards, legislation, and regulations are essential to conducting the business
operation as per the laws of the government. In this context, the regulations bind the
organizations that directly impact the operations of the business such as changing in the taxation
policy by the government. Legislations act as the body for governing the laws in the areas of the
business which includes the field of environment, consumers, competitors, environment and
health and safety. On the other hand, the standards are the one which depicts the quality and
quantity for the serving the company products and services that assure with the compliance of
the prescribed standards per the law (Browne and Hood, 2016).
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Evaluation of the legal system and law, with evidence drawn from a range of different
relevant examples to support judgments (D1).
In the legal system of the UK, the process of accessing the justice the process is quite long and
parties have to wait for the long period of time to get the justice at right time. In the case of
Barclays Mercantile Business Finance Ltd v Marsh where the court held that to prevent the
delays which cause due to the litigation ancillary nature. In the case of King v Daltry, the country
got frustrate with unnecessary delays in providing justice. Further, the principle of Stare Decisis,
the subordinate courts are responsible to consider the cases that are already decided by the higher
courts. It means that the court officers ensure that the system must be fast and efficient for
providing justice to the public.
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