Exploring UK Business Law: Sources, Impacts, and Legal Solutions

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This report provides a comprehensive overview of the UK legal system and its impact on businesses. It identifies the different sources of law, including primary sources like legislations, case laws, directives, and treaties, as well as secondary sources such as parliamentary publications, legal encyclopedias, law journals, and textbooks. The report then examines the role of the government in making laws, contrasting statutory and common law within the justice system. It details the potential impacts of various laws on businesses, focusing on contract law, employment law, and company law. Furthermore, the report explores the formation of legal business organizations, distinguishing between incorporated and unincorporated businesses, with a specific look at partnerships. Finally, the report recommends legal solutions for a range of potential business disputes. Desklib provides access to this document along with a suite of AI-powered study tools.
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Table of Contents
INTRODUCTION ..........................................................................................................................3
PART 1............................................................................................................................................3
Different sources of the laws.......................................................................................................3
Role of government in making laws and application of statutory and common law in justice
court.............................................................................................................................................5
Potential impact of various laws on business..............................................................................6
Formation of Legal business organizations.................................................................................7
How businesses are funded and managed...................................................................................8
PART 2............................................................................................................................................8
Recommend legal solutions for the range of disputes................................................................8
CONCLUSION .............................................................................................................................10
REFERENCES..............................................................................................................................11
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INTRODUCTION
Law is the important part of society which helps in managing the implementation of rules
and regulations and frames the general regulations. It promotes the strategy through which all the
norms are being made and idealised. UK promotes to have different laws which are like House
of Commons and House of Lords and the constitution is unwritten and not wholly codified.
Legislation is an important source through which the legal implications are managed and made.
For all the organisation their seems that all the work and the management is considered and
carried according to the working of the corporations. Some of the major laws covered in it are
like contract law, employment law, company law, intellectual property rights, immigration law
and many more ( Kavanagh,and McRae, 2017). In this report their will be covered different
legal system with major impacts in the business law and also the varies legal solutions that are
managed in it. Further it will also provide legal methods to resolve the disputes.
PART 1
Different sources of the laws.
The UK law is comprised of the English legal system and also with the common law
through which all the law making power is concerned with the supreme law making
authority(Ella, 2018). It merely focus on managing the laws through the judicial precedents as
which promotes the case laws. It can be seen that UK constitution is unwritten and is concerned
with different statues and the law precedents through which the fundamental rights are managed.
The main elements which helps in making the laws are like separation of power, rule of law and
all other case laws. Some of the major sources of laws are like:
Primary source
It involves all the original and the legal authoritative statements which are being made in
order to manage and make the laws for the individuals. It involves all the original source through
which the work and the management is complied (Bauer, and Bernal Fandino, 2021). Some of
the major primary sources are like: Legislations- the major portion of UK constitution is partly written and is not majorly
codified so it can be seen that all the laws can be made with the help of statues which are
being made and enacted by the parliament. All the challenges that are being undertaken
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in the law are managed and complied with the supreme introduction of bill and managing
the enactment. Case laws- These are mainly all the judges made law that are implied and managed
according to the judicial precedents. It complies of all the landmark judgements that are
given by the judges while dealing with any case this provides the legal principles through
which the implementation of law is made on all other decisions. Directives- these are mainly the national law emerged by the member of states in which
all the legal act are complied through EU members (Wen, 2019). Treaties- it involves all the laws that are being made through the international law in
order to bind the agreement between them and also to create a efficient international law
in between them.
Secondary source
It involves all the secondary research and the commentaries that are made in the law for
managing all the legal concepts. Some of the main secondary sources are like: Parliamentary and non-parliamentary publications- It involves All the nature and the
method in which the law is being enacted. It promotes all the work and the discussions
that are being made on the areas required to be made. Their are various debates,
commands which are being managed by the parliament. Legal Encyclopedia- It involves all the research areas in the internet through which all
the law details and research can be managed. It promotes the law points, essential areas,
key points and other cases through which the research can be made. These are only being
made after the approval of all the lawyers and in their consultation (Alpkokin, and
Capar, 2019). Law Journal- It involves all the academic areas through which the general areas are
managed in law and which promotes and provide areas and sections which are covered
therein. It also formulate the legal issues and the managed understanding in all law
factors. Textbooks- It is mainly all the legal books which are being provided to the students in
order to make them aware about the law elements and the essential areas and topic s
needed to be managed. The students learning law use to take much helps from all such
mediums.
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Role of government in making laws and application of statutory and common law in justice
court.
Parliament is the most important authority which helps in making and enacting laws and
the regulations. It promotes and manage all the powers and all the laws made by the parliament
cannot be challenged. In order to make it there a bill is being drafted and it merely undergoes
with several stages in house. Some of the stages that are being required in law making process
are like: First reading- This is the introduced stage in which the bill is introduced and the main
reason and the name of bill will be read in front of all the members(Witthoff, 2020). Second reading-In this stage no votes are being taken place. It involves all the main
objectives in the bill and will also considers the key areas and elements through which
the specific changes are being made. Committee stage-It is a stage in which there is no bound of time, it involves all the
scrutiny of bill with the necessary areas required and the major changes being taken place
. Voting is being taken in this stage and their is required that all the changes and the
necessary amendments are carried under it. Report stage-This stage involves all the main amendments and the changes that can be
derogated in all the areas. Here the debate is being made through which all the changes
are adapted. The voting will be made to analyse all the required areas and the changing
segments (Bello, 2017). Third stage-In this stage all the loopholes are being covered and all the tidying up of the
essential elements are considered and managed. This provides the last and the final
chance for the amendments through voting. Changes considered-In this stage their will be seen that after all the alternation House of
Lords will send the bill to the House of commons and there is made that it is dependent
on the commons that they want to accept the changes or not. In case if the bill is not
accepted then it will again go for alterations. This cover several rounds and this stage is
also known as ping-pong.
Royal assent-When such bill is being passed through both the houses it will move for the
assent of the monarch where they will provide the assent then it will become an act.
Application of law in court
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UK comprised of two kinds of laws they are like statutory law and common law. In this
the law being made by the parliament and cannot be questioned will be the statutory law and
other then that the common law implies with the judges made law in which all the laws and the
judgements that are being given by the judges are managed and covered. The main focus of both
these laws are to provide justice and also to manage equality in all.
In English legal system there are varies kinds of courts like the subordinate court and the
superior court. In subordinate courts all the their involves the magistrate court which carry the
criminal cases, crown court which implicates all the criminal matters and the county court
manages all the civil issues and jurisdiction. Other then this Youth court are their which manages
all the juvenile cases.
High court manages three different divisions like the family court, Queens bench and the
Chancery court. Supreme court in UK is the highest appealing court which manages all the
criminal and the civil matters therein (.Jaiswal, and Mandloi, 2020).
Potential impact of various laws on business.
For all the business practised the adaptation of rules and regulations is very important it
helps in managing the business to be framed in proper manner. It helps in making the operations
and their general nature of work in such a manner that it contemplates all the revenue generations
and other policies. Some of the impact that law play on the business are like: Contract law- For all the transactions and the business practises their can be seen that a
proper agreements are required. Contract plays a vital role in it. This helps the two party
to mutually frame an agreement and try to make certain specific laws and legislations in
their contract through which no breach can be made. It helps in regulating the general
transactions and their work accordingly. This provides to protect the rights, assets,
liabilities and the terms in which the agreement is made. For all the contract there are
some essential elements which are needed to be completed they are like offer,
acceptance, considerations and the legal intentions. The contract law also provides the
remedies from all kind of breach that is being made in between them they are like
injunctions, specific performance of contract and many more. Employment law- This law helps to manage the protection of rights of all the employees
being working in the company. It regulates all the obligations through which employees
are being protected from any kind of exploitations. Some of the major rights which are
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covered under it are like equal pay for equal work, equality among all, safe working
environment, employment contract. Some of the major laws which are covered under it is
Equality act 2010, this helps to remove all the kind of discrimination from the working
areas and also manage to treat all the employees equally. National minimum wages act
according to which the salary and the wages of the persons are thereby being decided.
there are some important tribunals which helps to manage and protect the rights of
employees they manage different laws for the contract of employment, redundancy,
discrimination, safety issues etc. Company law- This includes to be separate legal entity which manage all the business
function and effectively manage all the working. It carries perpetual succession. Their
major aim is to protect the rights of employees, workers and all the directors of the
company. Their is being served that all the rights as in relation to the stakeholders are
considered in it and the company law also provides the process in which the winding up,
formation is all managed(Osman, 2019).
Formation of Legal business organizations.
Business organisations are mainly being made of two types they are like incorporated
business which considers to have separate legal entity that are distinct from the owner. And other
then this is unincorporated which manages all the liabilities accordingly all the owners are held
to be responsible for the acts. Some of the major formation of legal business are like: Partnership- in this business practises their involved two or more persons which are
willingly agreed to share all the loss, profit, assets, liabilities and the mutual agreements
in between them. The work is managed through the skills of the partners and in case any
of the partners leave the company it will wind it up. The registration in all such company
is through HMRC as they manages the fees and the incorporation in between them. The
partners manages all the responsibilities in between them and try to take the decision
mutually. Sole proprietorship- It provides all the business practises in which the single individual is
involved to carry out all the work and the management. The single person use to manage
all the liabilities and the decision making by themselves. These kind of business involves
all the small scale practises through which they try to manage the standard of living and
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also to generate profitability. In all such business practises registration is being made
through HMRC in which all the fees and the incorporation are carried out. Companies- All the companies are mainly different from their owners and also manage
the artificial personality and also carry their own common seal. This generally carries the
complex methods and the procedures through which the management and the high cost is
maintained. It provides registration through companies house along with the suitable
name. Their all the elements are needed to be covered like the article of association,
memorandum of association etc.
How businesses are funded and managed.
In all the business practises there is being analysed that structure and ownership is
managed. All the organisation will consider various process to manage the funds they are like: Partnership- Here all the funds are being managed by the savings if the partners and this
also manage all the capital, loss, profit and other major areas with which the
responsibilities are carried out. All the funds are being raise in the partners with their
personal savings and they can also maintain the bank loans and other major methods. Sole Proprietorship- It is mainly the working in which the single person is involved in
all the business functions and management. Their implies that all the owners are
responsible for the rights and the responsibilities. The funds are being allocated by the
sole owner either from their own savings or they can also take the bank loans. But their
seems to be difficult for all the small business in order to gain the loans(SABĂU POP,
2019).
Companies- The companies are generally of two types in which the one is which implies
to be the public company where the shares are being managed through capital and also by
managing the applications through public. All the share holder use to manage and imply
the board of directors in which private company frames and imply the funds and the debts
through which the equity is considered.
PART 2
Recommend legal solutions for the range of disputes.
Litigation is the most important method of legal solution but it is at times is costly and
time consuming process. In order to complete all the things in speedy manner there are some
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important elements of Alternative dispute resolution which can be used and managed it is time
saving and cheap process, some of the major legal solutions are like:
Case Scenario 1
Legal Issue- Will Gordon be entitled for any kind of payment for all the outstanding wages
through 2015-2017. it is covered under the employment contract where the agreement is being
made after taking the consent of Gordon.
Legal Solution- Negotiation is an important method which will help out to manage and solve the
dispute. As here the negotiator will there by being appointed and that person will hear both the
parties and will give a amicable solution to all of them. This will manage to create a effective
win-win situation.
Justification- Through this solution the major recommendations can be laid out as Gordon can
there by claim all the wages which were not provided earlier die to the variation in the contract.
As once the changes were being made this can be implied again for all. Contract law help in
managing the general terms and variation (DeFond, Lennox, and Zhang, 2018).
Case Scenario 2
Legal Issue – It is a major issue of contract law that Janet is liable to pay the telephone bill or
not.
Legal Solution- In this the mediation is being applied in the parties. As the third party will be
appointed which will collect all the evidence and will give a proper solution for all. Their will
not be any formal proceedings and the advice and suggestions can be taken the decision gi8ven
by them will not be binding.
Justification- As the telephone was installed later and the bill was given for the 3 weeks earlier.
So Janet will not be liable for any such issue as virgin media can frame the consumer contract
court. Mediation will manage to make A proper solution through which the effective
management and the goodwill of the parties can be generated.
Case Scenario 3
Legal Issue – This issue emphasise the company law in which the major areas mentioned is that
is the petition which was filed against the Black horse is valid.
Legal Solution- Arbitrators are mainly the person who are being appointed by the independent
third party. As they will collect all the evidence and manage the decision in proper manner.
parties usually have the flexibility to choose the partners and the proper time and place.
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Justification- Arbitration is the method which is binding on all the parties and this also helps out
to manage the speedy trials. It manages the resolving of dispute and also for not involve much
formal issues and means in the work (Joffe, and Lynch, 2018).It promotes and manage all the
legal methods and also create a binding impact on all. Their major focus is to provide justice in
proper manner.
CONCLUSION
From this above report it is concluded that business law is an important branch which
manages all the legal application and rules in the law. The English legal system promotes and
manages the common and statutory law through which all the primary and secondary sources are
being covered. Furthermore it can be concluded that legal solution is the important aspect which
helps to resolve the dispute in speedy manner and also manages various adaptations. Some of the
methods are like arbitrations, mediation, negotiation and conciliation.
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REFERENCES
Books and Journals
Joffe, S. and Lynch, H.F., 2018. Federal right-to-try legislation-threatening the FDA's Public
Health Mission. The New England journal of medicine, 378(8), pp.695-697.
DeFond, M.L., Lennox, C.S. and Zhang, J., 2018. The primacy of fair presentation: Evidence
from PCAOB standards, federal legislation, and the courts. Accounting Horizons, 32(3),
pp.91-100.
SABĂU POP, A.O., 2019. SOURCES OF CRIMINAL LAW IN THE CONTEXT OF THE
DIGITAL SOCIETY. Juridical Current, 22(4).
Osman, A., 2019. The Qurʾan and the Hadith as sources of Islamic law. In Routledge Handbook
of Islamic Law (pp. 125-140). Routledge.
Jaiswal, H. and Mandloi, P., 2020. Alternate Dispute Resolution in Rural India: A Brief Study
About Panchayat System. CB Eduvents-Legal Encyclopedia.
Bello, T., 2017. Banking Tsunami Disputes, a Regulatory Failure and Ineffective Dispute
Resolution Mechanism; An Arbitration Frontier. An Arbitration Frontier (November 8,
2017).
Alpkokin, P. and Capar, M.S., 2019. Dispute boards in Turkey for infrastructure projects.
Utilities Policy, 60, p.100958.
Ella, V.J., 2018. Executive Employment Law: A Handbook for Minnesota Executives. Hillcrest
Publishing Group.
Kavanagh, M. and McRae, E., 2017. Employment law: Protecting vulnerable workers
amendment to fair work act. Governance Directions, 69(4), pp.241-243.
Bauer, T.C. and Bernal Fandino, M., 2021. Contractual Solidarism and Relational Contract
Theory: Alternative Approaches to Contract Law in Light of the Covid-19 Pandemic.
Rev. Derecho Privado, 41, p.53.
Wen, D.W., 2019. Advancing the ‘Healing Theory’of China’s Contract Law for Oral Land Sale
Contracts: A Legal Reform Recommendation. Australian Journal of Asian Law, 19(2),
pp.265-280.
Witthoff, E., 2020. Principles of Reinsurance Contract Law: The Reinsurer’s Perspective.
Uniform Law Review, 25(1), pp.57-66.
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