Business Law Assignment: Legal Frameworks in the UK

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Business Law
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Table of Contents
Introduction......................................................................................................................................3
LO1..................................................................................................................................................4
LO2..................................................................................................................................................9
LO3................................................................................................................................................13
LO4................................................................................................................................................16
Conclusion.....................................................................................................................................18
References......................................................................................................................................19
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Introduction
Business law assists the businesses in complying with the obligation set by the laws of the
government. The laws of businesses, supports in carrying out the purpose and obligation to run
the business in long run. This assignment highlights the laws prevail in the country of the
England and the legal system which abides the country as well as the business organisations to
follow the government rules and regulations to bring the country successful in all over the world.
It states the unlike law and its basis in the UK government and the contribution of the
government in the practice of creation the law. It also explains the impact of several laws on the
businesses like company law, employment law and contract law. Further, it also explains the
terms and conditions for managing and funding the organisations. At the conclusion of this task,
it covers methods of Alternate dispute Methods that helps the businesses by taking the assistance
of the third party. Moreover, it includes that the processes of statutory nature and the legislations
applicable on the businesses.
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LO1
The main purpose of the law is to maintain social order, resolving differences, protecting the
rights and liberties of the citizens and establishing standards among the society. It is vital for
providing guidelines so as to adopt the change easily that occur in the community and society.
As per the Sovereignty of the Parliament who possess the power not only law formulation, but
also have the authority for ending any law (Young, 2016). In relation to this, in the United
Kingdom and its lawful system, there are several sources of law that supports in passing or
enacting any law in the country. These sources include:
Different sources of law
The Legislation is one of the essential source and posses the power for passing any laws in the
country of the United Kingdom and its Commons House consist 650 Parliament members where
the members gets the highest vote for election as the Member of Parliament. As per this source,
Commons House has around 800 members among which Queen elects 600 members in
accordance with the recommendation or advice of the Prime Minister.
Common law is the system of legal nature in England, where the courts of Higher authority and
their decision is binding on the courts of lower authority, While considering the proceedings,
lower courts consider the decisions passed by the Higher Courts and such decision become the
part of the law.
The European Convention on Human Rights is the member of the European council and the
United Kingdom is one of the signatories of this convention. This helps out in provide protection
of the human rights of the country and its citizens.
European Union Law is considering the State Member where the European Union takes over
the United Kingdom law precedence. In the European Union, the decision passed by this Union
is binding on its member states.
The law in the UK is divided into civil as well as criminal law where any individual or
organisation can claim over the dealing or the agreement of a civil nature. In such law, the
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burden of proof is upon the claimant so as to claim the remedies against damages. Under the civil
case, the appeal is lying to the court of higher authority against the decision passed by the lower
courts (Adams, 2016). Whereas Criminal law deals with matters of criminal nature and bears the
burden of proving the nature commission crime by the defendant. The sentence given in the
criminal offenses includes penalties, fines and imprisonment.
The applicability of the Common law denotes the decisions passed by the judges, tribunals and
courts previously. Where as Statutory law is in the written form, where the legislature take up as
a Statute.
The role of government in law-making and the justice system
In the England, Parliament is termed as Sovereign, as it posses the authority and highest power
for the enactment or ending of any law. Mainly the laws in the United Kingdom are passed by
the consent of the Houses of the Parliament named Houses of Lords and Houses of Commons. In
the UK, the bill is categories into three parts include private bill, public bill and private member
bill. Public bill passed in relation to the matters of State and citizens of the country and private
bill is passed for determining the individual rights and liabilities against one another (Elliott and
Quinn, 2015). Laws in the UK are categories into public law as well as private law where the
public law is categories into constitutional, administrative and criminal law. Private law is
categories into contract, tort, property, trusts and family laws.
In this context, the procedure that followed by the government of the UK, for passing the bill is
divided into various stages. It is important to satisfy the country and its requirement and for
marinating the discipline, the laws play crucial and vital role in this framework. Firstly, the bill
along with heading is read in both the Houses and this stage is called First Reading. Secondly,
there is discussion on the bill is held by involving Houses and its members and this stage is
termed as the Second Reading. Thirdly, the bill is considered at the Committee stage where the
members decided whether to continue with the clause in the bill or is there is any requirement to
change. Fourthly, the Report stage consist where the new provision is added to the bill as per the
vote of the members. Fifthly, Third Reading is the step where the bill is finally amended and
voted by the components. The last and final stage of the bill is to receive the approval of the
Queen and after receiving the permission, the bill is termed as a law.
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Organisation of the judiciary
In the UK, the judicial structure covers the areas including the Judicial Executive Boards, the
Judges Council, the Tribunals Judicial Executives Board, the organisation of the responsibilities
of the Judiciary, the Judicial Office, the day to day responsibilities and its allocation, courts and
Tribunals organisations and the organizational responsibilities of the judiciary.
Jurisdictions of courts in the UK
In the United Kingdom, the judiciary system prevails in the country is very wide, the courts in
the United kingdom are categories into several stages named Lower Courts, High Court, Court of
Appeal, Lower Courts includes the High Court of Judiciary, Session Court and the highest court
is the Supreme Court.
Structures of the court
Figure- Structure of the UK courts
Source- Google images
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Hierarchy of courts
In the Supreme Court, the top most court is the Supreme Court and in the England, the final
appeal is lies in this court. Next, in the Court Appeal hears the matters of appeal from the High
Court and its decision are binding upon all the lower courts except the Supreme Court. Next, the
High Court is divided into three categories which include the division of Queen Bench, the
Family division and the division of Chancery. Next is the County court, where the judges
entertained the cases related to the issues of civil nature. Next, are the Tribunals where the judges
entertained the matter related to immigration, child welfare and employment.
Figure- Hierarchy of Civil Courts v
Source- Google image
In the country of the United Kingdom, there are several reforms and developments are taking
place for enhancing the country lawful system. To make this system more effective and efficient,
the contribution of the virtual court is vital, as these courts supports in performing the
proceedings through video conferencing with the assistance of the internet. To make the
procedure of litigation more easier, the introduction of the methods of Alternate Dispute
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Resolutions methods also added up in this reform, it helps out the parties to get their solution of
problems outsides the rooms of the courts.
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LO2
Company, employment and contract law has a potential impact upon business
Contract Law
In the England and Wales, the law of contract plays a vital role among agreement parties. It is an
agreement which is enforceable as per the provision of law. Contract is formed, when one party
makes an offer and the other accepts its terms and conditions. For a valid contract, it is important
that the contract must cover all its essentials which includes offer, acceptance, lawful intention,
consideration and intention to create a legal relation (Chitashvili, 2016). The elements of the
contract law assist in guiding the parties to conduct the operations accordingly, so that no issue
will arise between the parties in relation to the contract and its validity. In case of Williams v
Roffey Bros & Nicholls (Contractors) Ltd, where the it is decided by the court is that it is crucial
for the parties to perform their promise as per the contract so as to give effect to their contractual
liabilities.
Difference between offer, invitation to treat and counter offer
Offer is the party willingness with the aim to create the lawful obligations where as an invitation
to treat is not the last and final party willingness but possess the interest to invite the public to
provide offer to him or her (McKendrick, 2014). Offer only becomes a contract when the other
party accepted it, but in another case, invitation to treat only becomes an offer when the public to
whom it is made respond over it. The main aim of the offer is to implement the contract where as
the main aim of the invitation to treat is to negotiate terms and conditions on the basis of which
the contract is made. On the other hand, a counter offer is the response given against the original
offer, where the original offer is rejected. The contract does not remain binding until and unless,
other party accepts the offer of another party.
In Pharmaceutical Society (GB) v Boots Cash Chemists (Southern) Ltd [1952]case, where it
held by the court that it is upon the customer to accept or reject in case of offer to buy as per the
provision of invitation to treat.
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Methods of acceptances
Acceptances under the contract can be made by several methods includes the full performance,
where the offeree commence to perform the obligation of the contract, Bilateral contract,
Unilateral contract, where the offeree promise to perform the contract and the rule of Mialbox.
In case of Williams v Roffey Bros & Nicholls (Contractors) Ltd, where the it is decided by the
court is that it is crucial for the parties to perform their promise as per the contract so as to give
effect to their contractual liabilities.
Condition, warranty and innominate terms
Condition itself is the contractual part which is important to perform and accept for the contract
validity. On the other hand, warranty is a vital term which is written over the contract as a
promise or guarantee (Kotz, 2017). Innominate are the terms which allow one party to take over
all the benefits under the contract and it allows the innocent one to terminate the contract and
search for other available alternatives.
In case if any party breaches the terms and conditions of the contract, then the guilty party is
liable for fine and penalties and reimburse amount against the damages cause to the innocent
party due to such act.
Employment Law
Employment law is vital for both employees as well as employers for building the mutual trust
and confidence and protecting their relationship from any damage to trust among them. There are
several acts that guide their relationship under this law are as follows:
The Equality Act 2010 main aim is to protect the employees against any practice of
discrimination so that every employee gets the equivalent opportunity to exercise their rights. It
also protects against discrimination practices in relation to the sex, race, color, disability etc.
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National Minimum Wage Act 1998 establish the standards for minimum wage in all the United
kingdom, so that each and every get equal and minimum pay in accordance with their work
(Honeyball, 2016).
Health and Safety Act 1974 main aim is to grant security for the health and safety of the workers
at the occupational place against the hazardous activities and equipments. Ensure that all safety
standards are followed by the senior authorities of the organisation so that worker remains
protected.
In Marshall v Southampton and South-West Hampshire Area Health Authority (No.2) (2
August 1993) case, it was stated by the court that in case of breach of Equality Act, 2010
provisions, there is no limit for compensation in relation to the claims against the practices of
discrimination.
Company Law
In the England, it is vital for the businesses to abide by the laws of the company. As per the law,
the company is treated as a separate legal person which possess its own obligations, assets and
can raise money independently. Company management is under the Directors control for taking
all the important decisions on the company behalf and it is accountable for such contracts
(Marson and Ferris, 2015). The company has two main documents for which the company is
legally accountable is the Memorandum of Association and Articles of Association. But for
preincorporation contracts, the company is not legally bound. In accordance with this law, the
company is separated into numerous categories are Private company, Public company, Limited
company or unlimited company and Limited by guarantee.
Difference between standards, legislation and regulations
Standards provide guidelines for any product, system or services so as to assure the quality,
efficiency and safety and its details is referred in the documents in which all the safety
instructions are mentioned. For example health and safety standards. Regulations are the
administrative laws which consist the detailed instructions in relation to the laws for its
enforcement. For example, General Data Protection Regulation (Wachter, et. al., 2017).
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Legislations are the country laws which are formulated by the body of the legislature. For
example, Equality Act, 2010.
Critical evaluation of the legal system and law
To provide protection to the society, the role of law is crucial as it provides safety and security to
its citizens and help in sustaining law and order. The lawful system of the courts in the United
Kingdom depends upon the principle of Stare Decisis where higher court decisions bound on the
subordinate court for taking its assistance of decisions passed previously. In the UK, the
government power is divided into three branches includes the judiciary, legislative and
executive. The procedure followed by the UK court in providing justice is time overwhelming
and day by increasing in number of litigation increase the court burden. On the other hand, this
system successfully providing justice to citizens by considering and implementing laws in a
reasonable manner.
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