Business Law Report: Sources of Law and Their Impact on UK Businesses

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BUSINESS LAW
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Contents
Introduction......................................................................................................................................3
Lo1...................................................................................................................................................4
P1 sources of law.........................................................................................................................4
P2 role of government and application of common law and statutory law In United Kingdom. 6
M1 Effectiveness of legal system due to recent reforms and developments...............................8
Lo2...................................................................................................................................................9
P3 How different kind of act will impact on businesses.............................................................9
M2 Difference between legislation, regulations and standards.................................................11
Lo3.................................................................................................................................................12
P4 formation of various types of organisation...........................................................................12
P5 Management of business organisation..................................................................................14
M3 Advantages and disadvantages of different kinds of business organisation.......................16
Lo4.................................................................................................................................................18
P6 Recommendation of legal solutions to resolve the disputes.................................................18
M4 comparing and contrasting different sources of legal advice..............................................19
Conclusion.....................................................................................................................................20
References......................................................................................................................................21
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Introduction
Legal systems or law of any country are the written rules and regulations or constitutions govern
by the body of government. It is the process or procedure for interpreting the law and enforcing it
to the citizens. The law system or legal system explains the responsibilities and rights of
individuals in different ways. There four types of major laws in the country common law, civil
law, statutory law and religious laws. The law system of every country is designed and shaped by
the government of the country according to the constitution of that particular country.
Through this business assignment report, the laws related to business in the United Kingdom will
be discussed and the impacts of these laws on the business units will be assessed as well. The
business law will explain the nature of the law and role of laws in business. As a legal trainee
practitioner, in Hardy and Morrison Solicitor, a central London based law firm will give some
advice and recommendation to the firm on s changing the environment of the company which is
a result of the impact of changes in the legal system and laws of the country.
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Lo1
P1 sources of law
Constitution of the legal system
The legal system of any country is the reflection of the laws whose objective is the development
of society. It is the procedure through which the laws were enforced to the general public. There
is hundreds of legal system in the world and they are important for people because the law sets
the guideline for the people that what will be accepted and what could not be (Leyland, 2016).
The main agenda of the law is to give the systematic, predictable and orderly mechanism for
solving the disputes and difference between people.
The legal system of the United Kingdom:
Figure 1 The United Kingdom’s legal system
(Sources: Leyland, 2016)
Sources of law
Different types of sources of laws provide us with the different ways to find justice and different
ways to resolve the problems and disputes of the people. Sources always provide a brief
understanding of the goal of formation of something. Forming new laws and adopting those laws
in the country is a tough procedure (Thirlway, 2019). The new invented laws and regulations in
the country bring new changes in the business of the country as well it also brings changes in the
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lives of the people. These sources of laws define the laws for different crimes and different types
of constitutes. In the United Kingdom, there are three sources of law in the country, which were
defined by the rules and regulation and discriminated by criminal charges according to each law.
There three types of law in the country and they are as follows
Legislative law
Legislation law is one of the types of laws of the United Kingdom, in this law, the legislation is
prepared and enacted by the national, state and local laws. It is the administration of municipal
ordinance and the rules and regulations of agencies (Thirlway, 2019). It involves the action by
the legislative authority as well as the executive to make the legislation procedure effective and
efficient. Legislative authorities try to provide funds, to grant and authorise. It the basic and
primary source of law, the country has.
Common law
It is the part of the English law of the United Kingdom, which was generated from the oral
tradition of justice in Britain about thousand years ago and then developed as the national body
of law in England (Pound, 2018). It is developed and set by the English judges over a period of
time and applied by various countries like Canada, United States of America and then India. This
law is created for a case by case basis. This body of law has been formed and created by the
judges and court decisions and can be opposed by statues and legislations (Pound, 2018).
European Union law
This law system has been operated by and within the member countries of the European Union.
European Union law has political, social and economic policies. It has its own rules and laws and
a separate legal system and it can adopt the legal acts and steps and the member states have to
accept it and apply it to their country (Barnard, 2017). European Union has two sources of laws
which are primary and secondary laws. Primary law defines the constitution of treaties which are
lying within the framework of European Union and secondary laws involve the composition of
these legal tools based on the treaties like regulation, decisions and agreements and the law also
includes some principles of European Union laws.
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P2 role of government and application of common law and statutory law In the
United Kingdom
Role of government
The lawmaking process involves the primary and important role of government during the
formation and application of the laws in the country. The parliamentary functions of the country
perform three main functions like to represent the interest of the citizens, to pass the law and
control the actions of government (Bant, 2015). The involvement of parliamentary function in
every lawmaking process varies because of the dependence of the type of parliamentary system.
Most of the times the executive branch of the country’s government make a draft of laws and the
parliamentary authority review, amend and pass the laws. The role of government is to run the
country responsibly (Bant, 2015). All the proceedings of the making law start with the bill,
which simply is a piece of the proposal for legislation. This bill has to passes from two houses of
parliament which are a house of common and House of Lords. No bill can bypass any of these
houses and to pass the bill recommendation of both houses is required. The laws in the country
are established to make and feel safe to the s citizens of the country; these laws should always be
in favour of the people of the country and according to the interest of the people. While making
laws government should take into account the interest of the people and benefit of the laws to the
people and it should reduce the suffering of people and their resolve their disputes (Bant, 2015).
Application of common law
Common law is one of the laws of the United Kingdom where the judges create the common law
by providing written judgements for the cases in front of them. The common laws of the country
ensure that the laws will remain common on the land; otherwise, it is the court of appeal and
House of Lords who create a legal standard for a criminal matter in Britain (Pound, 2018). There
are various situations which are totally new for common law and the court of Britain sometime
has to look to other countries decided to have some idea and direction to take guidance from
them. As a lawyer, a person needs to identify the current situation of the case that is a person
need to have the relevant research on the case and have a look on the decisions of the higher
court and see any other guidance on that. After this, the lawyer has to check on that any law
decisions have not been consequently reversed by any recent law or by the judgement of the
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higher court, for example, decision of the court of appeal has been inverted by House of Lords
(Pound, 2018).
Application of statutory law
It is the term which is used as the written laws usually passed by the legislative body of the
country. This law varies from administrative and regulatory laws which are passed by the
executive authority and also differs from common laws and laws which were created previously
by the court decisions (Bant, 2015). Statutory laws are strictly constructed and followed by the
courts. Statutory laws follow the general procedure of legislation and a proposal of the bill is
taken in front of the legislature and then voted upon. If the bill gets the approval, then it is further
passed to the governor or the president of the federal level, and any of this signs the bill then the
bill will be passed as a law of statue. The statutes are also coded and recorded in the written
manner and also published (Bant, 2015). These laws come into existence whenever the bill is
passed, and they can be overturned by legislative enactment or by a court of justice if found
unconstitutional by law. The parliament of the United Kingdom has passed various types of acts
and the laws like the Human Rights Act in 1998, Companies act 2006, and Employments act
1996 and equality act 2010.
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M1 Effectiveness of legal system due to recent reforms and developments
The legal system of any country and the law reforms of that country are as essential the
government of the country as this laws are helpful to identify the problem and solution to that
problem. For gaining justice and integrity the government needs to make some reforms and
development. This reform and development must be made according to the requirement and need
of the law in the country (Bant, 2015). In the United Kingdom, the government has brought the
system of common law for the citizens of the country, where there are various types of cases
have been solved. The main of the reform and development in-laws is to benefit society, they
must equitable for the society and must be improved. The immigrants of other countries are
facing various issues and asking for new reforms for them. The government of the country has
made various reforms and policies for the development of the people of the country like Human
rights Act, employment act and labour law etc. this kind of laws build the trust of the people on
the legal system of the country (Bant, 2015).
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Lo2
P3 How different kind of act will impact on businesses
Contract law
The main aim of this contract is to bind the parties for their promises and agreements which have
been made by them. The contract contains the detail description of the terms and conditions of
the contract (Hunter, 2017). According to UK legislation, it is the supply and sale of goods and
services by one party to another which provide protection for seller and buyer Hardy Morrisons
Solicitors. The law of contract involves some elements which are offer and acceptance, intention
and terms and condition of the contract. These are the must involve elements of the contract.
Employment law
It is the law which has the collection of rules and regulations of the terms between the employer
and the employee. If the business has a number of employees then it will have the employment
law and it has to implement the employment law in the organisation (Green III et al., 2015).
Employment law basically involves the minimum wage rate system, compensation, employer
and employee relation, employee benefits and safety and security of the employee Hardy
Morrisons Solicitors. The United Kingdom government has established Employment right act in
the year 1996. By applying this rule each individual of the company ensures that the process of
hiring and dismissal is followed by everybody.
Competition law:
Competition law is the law which has been applied to maintain healthy competition by adopting
anti-competitive behaviour by the company. This has been applied by private and public
executions (Green III et al., 2015). This has always benefitted the Hardy Morrisons Solicitors as
they neither faced the unhealthy competitions from the other employers nor followed any illegal
way to compete. This law also helps to develop the organisational culture and external
environment of the country.
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Data protection act
Data protection act 2018 has been formalised to control the illegal and unwanted use of personal
as well as professional data. This law states that a person or a company has to use the data of the
employee in a fair manner (Carey, 2018). Any of the people cannot use the other person’s data
without prior permission of them and if somebody abides the rule and this will be a punishable
offence. This law is important because it makes the organisation use the best practices for data
protection. The law is very comprehensive and includes the data security and data protection of
personal as well as professional data which must be confidential.
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M2 Difference between legislation, regulations and standards.
Legislation Regulations Standards
These are the rules and
regulations made by the
government of the country.
The law is regulated by the
legislative body of the
country. These laws can be
passed by the government of
the United Kingdom (Whish
and Bailey, 2015).
These are detailed instruction
on how the laws should be
applied in the country. The
application of the law is a
must and essential. The
regulations are also called as
administrative laws.
Standards are the
specifications and set by
someone or government for
products and services. This
also warrants the safety,
quality and efficiency of the
people (Whish and Bailey,
2015).
Hardy Morrisons Solicitors
have to follow the laws which
were enforced by the
government of the country.
These may be accelerated by
the external authority and
followed by the internal
authority of the company
(Whish and Bailey, 2015).
These are the ways through
which the government of the
country has implement the
laws in the country, after the
implementation the company
Hardy Morrisons Solicitors
has to make sure that they
have also implemented the
same(Whish and Bailey,
2015).
Standards provide the
fundamental protocols for the
technological development,
design and packaging of the
product and product
development which are
universally accepted and
adopted.
The legislation brings the
disciplined working conditions
in the Hardy Morrisons
Solicitors as well as other
organisations.
Regulations are must to be
applied and that’s why they
may be beneficial or may be
controversial to the company.
The standards set by the
government always help the
company to provide the
products according to the
standards(Whish and Bailey,
2015).
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