Exploring UK Business Law: Contracts, Consumer Rights, and Companies

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This report provides an overview of UK business law, beginning with a differentiation of various types of law in the UK, including constitutional, criminal, commercial, and corporate law. It delves into contract laws in the EU and UK, highlighting non-competitive laws and non-disclosure agreements. The report also defines intellectual property concepts like copyrights, trademarks, patents, and brand names. Further, it evaluates the benefits of the Consumer Right Act 2015, Trade Description Act of 1968, Supply of Goods and Services Act of 1982, Consumer Protection Act of 1987, and General Product Safety Regulations of 1994. The report also covers employment laws, the importance of consumer safety laws, the nature and structure of a company, and how employment laws contribute to contract termination. Finally, it discusses different types of companies, the company formation process, and the role of an agent in business law. Desklib provides access to similar solved assignments and resources for students.
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Business Law
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Table of Contents
INTRODUCTION...........................................................................................................................2
TASK-1............................................................................................................................................2
1.1 Differentiate between different types of law in UK.........................................................3
1.2 Contract Laws in EU and UK...........................................................................................3
1.3 Table defining the concept of intellectual property such as copyright, trademarks and
patents and brand names.........................................................................................................5
TASK-2............................................................................................................................................6
a. You should evaluate the benefits of the introduction of the Consumer Right Act 2015,
Trade description Act of 1968, The Supply of Goods and Services Act of 1982, Consumer
Protection Act of 1987 and General Product Safety Regulations of 1994............................6
b. Laws relating to employment.............................................................................................7
c. Importance of acting in accordance with consumer safety laws........................................8
d. Nature, constitution and structure of a company................................................................8
e. How employment laws contribute to termination of contracts...........................................9
TASK-3............................................................................................................................................9
a. Types of companies and their implications........................................................................9
b. Formation Process............................................................................................................10
c. What an agent is................................................................................................................11
TASK-4..........................................................................................................................................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13
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INTRODUCTION
Business Law Consulting is defined as providing with guidance and advice to business
professionals and individuals indulged in business activities and practices. The representatives
engaged in business consulting services are known as Legal Business advisors. These consulting
firms are aimed at contributing professional guidance and advices to business professional in
order to increase overall productivity and efficiency. Guidance and advices provided by business
consultants includes legal laws and recommendations to be implemented in business operations
and activities. Moreover, legal laws provides information of authorised and ethical practices to
business where as recommendations facilitates in increasing productivity and efficiency of
overall business unit. Business law consulting is a huge and wide concept which is comprised of
numerous factors and aspects of various business activities and approaches. Business Law
Consulting UK (BLC UK)is a consultancy firm in the located in United Kingdom. This
consulting firm is engaged in providing legal consultancy services to businesses and
organisations oriented within geographical boundaries of UK. BLC UK has contributed majorly
in growth and development of several businesses and organisations with their consultancy
services. This report assessment will be an exploration of Business Consulting services and their
contribution towards growth and development of businesses (Feldmann, 2019). It will be
comprised immense information and knowledge of business consultancy and will be represented
with the use various forms of presentation. Furthermore, this assessment will be including
knowledge of several legal laws implied in business environment relevant to business consulting.
TASK-1
2
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1.1 Differentiate between different types of law in UK
Mind Map
1.2 Contract Laws in EU and UK
3
Types of
laws in UK
Privacy
Fraud prevention
Insurance
Consumer credit
Tax and partnerships
Anti-money
laundering
Banking
Laws
Criminal
Laws
Commerci
al Laws
Dispute
resolution
Corporate
LawsGeneral
corporate
Constitutio
nal Laws Freedom
of religion
Equal protection
Freedom of speech
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Contract Laws in EU and UK
Introduction
Laws on contracts are being set by individual members’ states in the EU.
However, legislation of EU has harmonised variety aspects of contract laws
across the whole community of Europe. Furthermore, it can be said that EU
legislation affects contract law because it takes precedence over laws of nation.
UK contract laws
Non-Disclosure Agreements
For this law NDA’s are restricted in respect to use of information and idea
within a specific permitted purpose. Below are some key components of given
law;
Must be for specific purpose.
One way or mutual
Information is revealed to public authorities and associated legal bodies
if requested.
Non-Competitive laws
The provided contract law is derived in respect to protect legitimate business
interest. Following are key components of the law;
Void on grounds that it is a restraint of trade and contrary to public
policy.
Can’t extend no further than is reasonable necessary to protect those
interests.
Non- Solicitation
The requirements of this law is related to non-solicitation clauses in
respective region. This law can be stand-alone provision or incorporated into
a written agreement.
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1.3 Table defining the concept of intellectual property such as copyright, trademarks and patents
and brand names
The rights of intellectual property are various legal rights that are subjected towards
protection of any innovative or new creation that results in intellectual activity when engaged in
scientific, industrial and artistic field. Some of the common IPR’s are mentioned below in a table
format;
IPRs Evaluation
Copyrights The term creates dramatic, artistic and literary
works including those for hire. Under this for
instance a book or an article published by an
author can be copyrighted so that no other
individual can take regards for information
and data being presented.
Patents These are those rights that are subjected
towards protection of invented machines,
technological, manufactured objects. Such
rights for example in pharmaceuticals may
protect the chemical formulas or composition
of a medicine or an associated solution.
Trademarks Such rights apply to assets that serve as
marketplace identifiers for brands of
organisation but is not limited to service
names, logo, etc.
Brand names Brand names are those standards for which
the goodwill of a defined business firm can be
established in the business market. The stated
brand names form an effective basis through
which products or services of a company get
their identity in the business market.
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TASK-2
a. You should evaluate the benefits of the introduction of the Consumer Right Act 2015, Trade
description Act of 1968, The Supply of Goods and Services Act of 1982, Consumer
Protection Act of 1987 and General Product Safety Regulations of 1994.
Consumer Right Act 2015
As the name suggests, Consumer Right Act 2015 was introduced for protection of
consumers from unauthorised practices of businesses. It provides legislation laws and provides
consumers with various rights and determination of authorised and ethical business practices.
These guidelines and rights under this Act includes regulation of quality products, products and
services according to the defined purpose, and prevention of unethical practices by businesses
(Amor-Esteban, García-Sánchez and Galindo-Villardón, 2018). Moreover, it also includes
elimination or replacement of inappropriate digital content such as images, films, music, e-
books, etc. Furthermore, this act has stated that measure of quality and key information about the
product or service is to be mentioned and clearly defined to respective consumers.
Trade description Act of 1968
This act has been designed and introduced in order to facilitate smooth functioning of
trade practices and preventing unethical practices of presentation of goods and services in a
misleading or inappropriate manner. For instance, it prevents representatives of businesses from
selling a product or service unauthorised approach of misinformation. According to Trade
description Act of 1968, trade practices should be free and fair with elimination and prevention
of unethical practices. Carrying out trade activities with transparency in information leads to
increasing efficiency and overall productivity. Furthermore, regulation and implementation of
this act has resulted in effective decision making relevant to purchase and sales of goods and
services (Wang and et. al., 2020).
The Supply of Goods and Services Act of 1982
This act states that suppliers or providers of goods and services must provide their
services with reasonable care and skill. For instance, it suggests that businesses offering products
and services must provide them at reasonable price and quality to consumers in society. In
addition to that, this act also suggests to provide these goods and services within a particular
duration of time. This act determines and regulates supply of goods in the global business
environment with free and fair practices. Consumers are facilitated with this act as they have
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access to quality products at reasonable prices in sufficient duration of time (Berk and et. al.,
2019).
Consumer Protection Act, 1987
This act of consumer protection has been introduced and regulated in order to protect
rights and interests of consumers. These rights and interests of consumers includes access to
necessities, sufficient food, shelter, health care facilities, emergency needs, etc. It is comprised of
various rules and general guidelines which determines mandatory responsibilities and practices
for consumer protection and elimination of fraud and unfair practices. Moreover, this act of
consumer protection has been regulated in order to ensure safety of consumers from
unauthorised and unethical market practices as offense. Therefore, Consumer Protection Act of
1987 considers manufacturers accountable for their malpractices and protects consumers getting
affected by these unethical and offensive activities.
General Productions Safety Regulations, 1994
This act of safety regulations has introduced various general guidelines in order to
regulate a systematic approach in manufacturing and supplying a product or service to
consumers. Systematic approach in this act includes designing, manufacturing, sale or resale of
products, and distribution of final products or services. The major aim of this act is to protect
consumers from threatening products or services offered by manufacturers in the market for
consumption. According to this act, initiatives are oriented in order to make a check for product
or service and determining if it safe and appropriate (Biech, 2019).
b. Laws relating to employment
Employment laws are introduced and regulated in an economy in order to maintain and
manage employment activities and operations. These laws regulated in any economy facilitates
in smooth and fair practices of employment with elimination of unethical and unfair employment
activities. The major and primary laws of employment are as follows:
Equality Act 2010: According to this act, employment opportunities must promote
equality within employee irrespective of their gender, sexual orientation, religion, age,
marital status, etc. These characteristics should not differentiate workforce in
employment activities in an working environment.
Employment Rights Act 1996: This act is aimed at protecting employment of people
and preventing the unethical practices of unfair dismissals, redundancy payments,
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suspension from job, etc. Therefore, this act is regulated to protect employees and labour
in a workplace (Burd, 2019).
Health and Safety at Work Act 1974: This act states that workers and labours must be
provided with a safe and secure working environment. Organisations and companies
providing employment must contribute in health care facilities to their employees.
Employment Relations Act 2004
This act of protection of employees is regulated in order to facilitate healthy working
conditions for employees in a workplace. This act is an further additional amendment of
Employment relations Act 1999. It is aimed at organising and maintaining funds available to
trade unions and federations in order to enhance their operations. The major role of this act
includes simplifying requirements with reference to industrial notices to employees (Teichmann,
2019).
These acts facilitates in prevention of improper termination of employees from
workplaces. Guidelines and laws in these employment acts determine inappropriate termination
of employees as an major offence in a workplace. Under this act a platform has been organised to
help employees facing issues with their unauthorised termination from employment. In addition
to that, employees facing unfair practices could approach these authorities for further help and
support. Authorities of government regulating these acts have considered these practices and
activities as punishable offense.
c. Importance of acting in accordance with consumer safety laws
Business protection laws and policies are introduced in order to facilitate consumer
protection by holding businesses accountable for unethical practices taken into consideration by
businesses. Businesses that are determined to facilitate fair practices with consumers will always
result in acquiring a good position and reputation in the market (Clibborn and Wright, 2018).
Furthermore, these practices and activities of consumer protection results in happy and satisfied
customers which allows businesses in achievement of business goals and objectives.
d. Nature, constitution and structure of a company
Company is a business entity which has to be registered under the Companies Act. The
nature of the company is determined by the purpose and objectives it is oriented above which is
majorly classified into two the public listed company and private company. Public companies are
those that are operating with the workforce of more than seven people engaged in carrying out
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company's operations. On the other hand, private companies are those which are comprised of
two or more person carrying out companies operations and activities.
On the basis of UK law at 1st February 2010, any individual or group establishing a company
has to put there names to two documents as memorandum of association and articles of
association. A constitution is a document that determines guidelines and rules governing a
company in order to operate in the business environment (Kahn, 2018).
Businesses in the UK economy are majorly of three business structures which are soul
trader/proprietor, Partnership, and limited company.
e. How employment laws contribute to termination of contracts
According to the law, both parties involved in the contract have an obligation to perform and
operate according to the contract. In the situation of one party failing to perform this indirectly
results in failure of performance from the other party too. For instance, this situation can be
determined as violation of contract without legal justification and hence the contract can be
terminated (McMakin, and Parks, 2020). There are several conditions in order to terminate the
contracts which are as follows:
· The primary or for most condition for domination of contact is a necessity with a valid
cause of termination.
· Another condition of termination of contract lies in both the parties following the
procedure of termination decided prior to contract.
· Serving a notice or notice of termination is also considered for termination of contract in
the global business environment.
TASK-3
a. Types of companies and their implications
There are majorly four types of companies in the business environment of UK which are as
follows:
· Public limited company
These companies are defined as companies organisations that can sell their shares or the
debentures to the general public in society. in order to become a public limited company, the
business/company must have a share capital of 50,000 euros or more.
· Private limited company by guarantee
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A private limited company by guarantee Is defined as a company with a pre agreed liability
amount to be paid in the situation of wounding up of company. These companies are majorly
non-profit organisations such as student unions, societies, clubs,etc.
· private unlimited company
This type of company is least as compared to the other types of companies in the business
environment. A private unlimited company does not have any specified or limited liability of the
members of company (Lansbury and et. al., 2020).
· Private company limited by shares
These companies are owned by private individuals or groups which are publicly unlisted and are
classified as company limited by shares.
b. Formation Process
Formation procedure of a business includes all the stages from the very beginning to business
serving their first order into the market. This process includes various steps in formation of
business in order to carry out business operations and activities in the market. These steps and
phases are as follows:
· Promotion stage
the initial stage of formation of business includes promotion of idea of starting a business and
converting it into reality with support and guidance of promoters of the business idea. For
instance it includes identification of business opportunity, required and important information
and knowledge, and organising required assets in order to start business (Stroh, 2019).
· Registration stage
Under the Companies Act 2013, any individual our group willing to start a company have to go
through registration process. Registration of business involves two documents which are
memorandum of association and articles of association. This stage of formation of business
includes all the Documentation required in order to start a business.
· Incorporation
This stage of formation of business involves financial aspects an application for a fresh name to
the business unit. This stage is considered after registration of business under the act of
companies 2013.
· Commencement of business
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It is basically determined as announcement of business and its services into the market to start
selling their products and services. This stage is considered as final stage in the process of
formation of business (Omolaja, 2018).
c. What an agent is
Agent can determined as a representative with legal authority working on the behalf of two
or more entities. These representatives are basically mediators involved between two or more
entities dealing together with involvement of the agent being the mediator.
For example; a broker engaged in dealing of rental housing property to customers on the behalf
of owner or builder (Sanseverino 2021).
TASK-4
MEMO
January 17, 2022
To: Intern
From: XYZ
Subject: mergers and acquisition to achieve market domination or survival
Mergers and acquisitions are basically meant by two separate entities combining their
operations and activities in order to form a new and joint organisation. For instance, mergers are
meant combining of two separate business entities whereas acquisitions is meant by takeover of
one entity by another for ownership. Both these activities are oriented in the view of growth and
expansion in the business environment.
Competition Act 1998 is introduced and regulated in order to protect business environment
from damaging effect of competition with agreement. This act regulates the transfer of
ownership in keeping up with public interest, establishment of independent institutions, and
gives effect to international law obligations of republic. This act has regulated ban over anti-
competitive agreements between businesses in an economy. Competition act 1998 is aimed at
promoting efficiency, adaptability, and economic development.
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CONCLUSION
From the above assessment report it could be concluded that business consulting facilitates
in growth and development of businesses operating in an economy. There are various laws
introduced and regulated in the economy in order to facilitate smooth functioning of businesses
operating in an economy. These laws and regulations provide general guidelines and
identification of ethical as well as unethical practises to business environment. In addition to
that, the above report is comprised of several regulated by government authorities for various
purposes. Furthermore, report includes in formation of various types of companies and stages in
formation process of a company.
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REFERENCES
Books and Journals
.Feldmann, M.L., 2019. Standing on the Shoulders of Giants: Applying Business Management
Approaches to Independent Evaluation Consulting. New Directions for
Evaluation, 2019(164), pp.55-67.
Amor-Esteban, V., García-Sánchez, I.M. and Galindo-Villardón, M.P., 2018. Analysing the
effect of legal system on corporate social responsibility (CSR) at the country level, from
a multivariate perspective. Social Indicators Research, 140(1), pp.435-452.
Berk, and et. al., 2019. Prescriptive analytics for human resource planning in the professional
services industry. European Journal of Operational Research, 272(2), pp.636-641.
Biech, E., 2019. The new business of consulting: the basics and beyond. John Wiley & Sons.
Burd, M.B., 2019. Build and improve business processes for evaluation consulting. New
Directions for Evaluation, 2019(164), pp.69-80.
Clibborn, S. and Wright, C.F., 2018. Employer theft of temporary migrant workers’ wages in
Australia: Why has the state failed to act?. The Economic and Labour Relations
Review, 29(2), pp.207-227.
Kahn, R.A., 2018. Why destruction of information is so difficult and so essential: The case for
defensible disposal. IQ: The RIM Quarterly, 34(4), pp.24-27.
Lansbury, and et. al., 2020. International and comparative employment relations: National
regulation, global changes. Routledge.
McMakin, T. and Parks, J., 2020. Never Say Sell: How the World's Best Consulting and
Professional Services Firms Expand Client Relationships. John Wiley & Sons.
Omolaja, O., 2018. Comparative Analysis of the Laws of Delaware and UK Company Law on
Enforcement of Pre-Incorporation Contracts. Available at SSRN 3117638.
Sanseverino, A., 2021. The Impact of Anti-Corruption Laws: Evidence from the UK Bribery
Act’s Extraterritorial Reach. Available at SSRN 3913208.
Stroh, L.K., 2019. The basic principles of effective consulting. Routledge.
Teichmann, F.M.J., 2019. Money laundering and terrorism financing through consulting
companies. Journal of Money Laundering Control.
Wang, and et. al., 2020. From intention to behavior: Comprehending residents’ waste sorting
intention and behavior formation process. Waste Management, 113, pp.41-50.
Weiss, G. and Wodak, R., 2020. Debating Europe: Globalization Rhetoric and European Union
Employment Policies. In An Anthropology of the European Union (pp. 75-92).
Routledge.
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