Analysis of UK Business Law: Sources, Principles, and its Impact

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This report provides a comprehensive overview of UK business law, beginning with a definition of law and its classifications (criminal and civil). It identifies the three distinct legal systems within the United Kingdom: England and Wales, Scotland, and Northern Ireland. The report then details the four primary sources of UK law: common law, case law, legislation, and European Union law (prior to Brexit), explaining their characteristics and significance. Furthermore, it discusses the direct impact of the UK law-making process on commercial organizations, particularly in the context of contract law, including essential elements such as offer, consideration, acceptance, and intention, alongside different types of contracts and their implications for businesses. The report concludes by referencing key books and journals used in the analysis.
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Business Law Exam
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Table of Contents
MAIN BODY...................................................................................................................................3
Answer to the question no. 1(i)........................................................................................................3
1- Four principles sources of UK law..............................................................................................4
2- Explain the law principles-..........................................................................................................4
REFERENCES................................................................................................................................9
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MAIN BODY
1) The UK Classifications of Laws
Answer to the question no. 1(i)
Law can be defined as a system of rules and regulations that a government imposes on the
society in order to ensure peace and harmony among the nation. These laws or norms are
obligatory on the citizens of that country and they are required to adhere to the legislation s made
by the authorities. The law changes according to the changes in the society that means it is
dynamic in nature. It helps in controlling the irregular behavior or conduct of the people. The law
of the United Kingdom is also known as Common Law or English Law. Earlier when Britain
was a part of the European union, the directives of the EU has been conversed into the British
parliamentary system, but after exiting the EU, Britain retain back its power over the law making
process(Ogden and Everard, 2020).
Answer to the question no. 1(ii)
The English Law is classified into two types- Criminal and Civil law.
Criminal law- It is a bramch of law that restricts specific acts or conducts and deliever
the punishments to the people who are caught doing such acts or who are indulged in the
unlawful activities prohibited by law. It is the act which affects the society at large. The
punishments includes the imprisonment, fine or both. In order to prove the accused guilty,
the prosexcution requires to construct the two important factors that is mens rea and actus
reus, which means the involvement of guilty mind and an unlawful act following the
motive formed under the former element(Zahn 2020).
Civil law- It is branch of law that includes the conflicts or disputes between the
individuals. The civil law provides with the remedy like compensation to the plaintiff
who has suffered any loss or injury by the act or conduct of the defendant. Civil law
covers acts such as negligence, trespass, vicarious liability, etc.
Answer to the question no. 1(iii)
There are three different legal systems exist in the United Nations, that is- England and Wales,
Scotland and Northern Ireland. Each of the system consists of its own laws, lawyers, judges,
court systems. The laws that are being traced from the legislation which applies to any one of the
jurisdiction, might get applied to other jurisdiction equally or similarly. The courts that are
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associated to particular legal systems can decide the matters of other jurisdiction, but the final
judgement would be of the Apex court of the country that is, Supreme Court. The laws of Wales
and England are varied from each other due to the process of degenaration.
2) The UK Source of law
1- Four principles sources of UK law
Advising the rules of running statues in the judicial system of Uk, it is necessary to know about
the fixed rules of judicial statues for coming in power, the structure and sources understanding.
Sources of UK laws plays a crucial role in law statues the law sources by dividing in primary and
secondary resources(Lemassel,2020) .
The sources of primary law known as the first part of law making and is impor tant in the
formation called the main original source which are-
Common Law
Case Law
Legislation
European Union Law
2- Explain the law principles-
Common law- Legal system has got its origin from the common law source. It is a
unwrited document as it is applicable on affairs of states if the courts exchequer and
bench of King ,the courts use the common law as the main source.
Case law- The statements made by judges are known as case law which act as main
source of law as it dwells on forming the doctrine of statements working in the favour of
uniform order of law protection ,they even are published in reports of law. Statements are
used by courts to help in decisions which is given earlier for usage in trials of case.
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Legislation They are statues given by administration of parliament ,legislation
consists of acts and reference which are origin of 2 houses of the nation , THE HOUSE
OF LORDS and HOUSE OF COMMON ,the cats are known as the main source of law in
UK.
European Union Law- The s condition in UK varied in 1973 till mid 20s, the UK was
happy adjoining with Eu and after the starting of period transition ,the Brexit arrival
things have changed for Uk the EU have to leave the place of law of source.
the situations of UK were different back in 1973 till the period of mid 20's , Britain was
happy enough with joining hands with the European union, after the beginning of the
transition period , the arriving of the Brexit , things has changes for the United Kingdom
and EU has to leave its place of being the source of law.
3 The characteristics of the sources of law are-
Primary sources-
Case laws – It means the cases or the matters that are already decided by the courts and
in order to solve the cases which holds similarity to the previously decided cases which
could be applied in deciding the recent case scenario. It is commnly known as precedents.
The sources of precendents are law reports, weekly law reports, All England Law,
Specialist series, etc(Kooshshkar and Ghasemi Ahde, 2019).
Legislations- It is one of the major source of primary sources of law. Legislations means
the laws drafted by the law making body of the country that is parliament of United
Kingdom. Britain do not posses a written constitution as it is also stated as uncodified or
partially drafted legislations. The laws made by the parliament are applicable to the whole
country. The parliament accordingly can make or unmake any law as it may thinks fit.
The legislations are made by introducing a bill in the parliamnet which requires further
consent or vote of all the members residing there. Legislation can be divided into two
parts, that is primary and delegated legislation. The former is the laws or statutes that are
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sanctioned through parliament. The latter is when the parlimanet tranfer the law making
power to the other authority in order to make laws for the desired purpose(Frosini, 2019).
Secondary sources-
Law journals- The scope of the journals is very wide as some of them includes laws of a
specific field and the other contains the general laws. Various scholars, legal practitioners
use to publish their ideas and views in the journals which can be taken into consideration
by the courts while deciding any matter. It also includes case commentaries.
Textbooks- This source includes the textbooks which are being written by the different
authors like academicians, law sholars, lawyers and the adjudicators.
3) Give examples of how the UK law making process have a direct
impact on commercial organisations
In United Kingdom for making a law a bill has to be passed from the both the houses to become
a law and then after the bill passed by the parliament the bill has to be given a royal assent for
becoming a law. After getting the royal assent the bill become an act. Practically the act didn't
have any impact until later on. Most of the act is came into force either by the set period after
getting the Royal assent which is generally after the two months or at a time which is fixed by
the government. This gives time to the organisations or individuals and the government who are
going to be effected by it directly to plan their actions accordingly. As per the new act the
government may have to fill in few details of the new plans by making new regulations or orders
under the authority of the act(Ellis, 2019).
All the individuals around the globe agrees to enter into a set rules and regulations which bound
the individuals to perform their part of obligations under the legal framework. This is commonly
knows as agreement and when it is enforceable by the law than it will considered as contract.
Under the contracts law all the definitions related to contracts which will
There are few essentials of the agreement to become a contract. They are as follows:-
Offer- To form a contract there must be an offer or proposal from one party to another
party, which intend his willingness to make an offer.
Consideration- it means something in return, it is considered as the most important
element to forming a contract which is enforceable at law.
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Acceptance- it refers as when the other party shows his acceptance to proposed offer
Intention- There should be an intention to form a contract.
there are types of contract.
Void contract
valid contract
Voidable contract
standard form of contract
express and implied contract
Contract law impacts on a businesses
United Kingdom is famous for its law, it is one of the older and the finest legal system in the
world. In contract law,it ensures the party will be bind who agrees to the term and conditions of
the contract which is enforceable by law(de Mars, 2020). It also specify the provisions if when
any party who bear losses because of breach of contract would be compensated financially. It
helps in determining the intent and purposes of the parties.
be used in during the creation of the contract, the rights and the duties of the parties and other
provisions which is related to the contract. It is commonly created between two parties when the
both parties agrees upon the term and conditions of the contract. It binds both the parties to
execute their obligations in regarding the contract.
There are few essentials of the agreement to become a contract. They are as follows:-
Offer- To form a contract there must be an offer or proposal from one party to another
party, which intend his willingness to make an offer.
Consideration- it means something in return, it is considered as the most important
element to forming a contract which is enforceable at law.
Acceptance- it refers as when the other party shows his acceptance to proposed offer
Intention- There should be an intention to form a contract.
there are types of contract.
Void contract
valid contract
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Voidable contract
standard form of contract
express and implied contract
Contract law impacts on a businesses
United Kingdom is famous for its law, it is one of the older and the finest legal system in the
world. In contract law,it ensures the party will be bind who agrees to the term and conditions of
the contract which is enforceable by law(Capps, 2020). It also specify the provisions if when any
party who bear losses because of breach of contract would be compensated financially. It helps
in determining the intent and purposes of the parties.
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REFERENCES
Books and Journals
Capps, M.A., 2020. Determann's Field Guide to Data Privacy Law: International Corporate
Compliance. Lothar Determann. Cheltenham, UK, Northampton, MA: Edward Elgar
Publishing, 2020, Pp. v, 212. ISBN: 9781789906202, US $89.95. International Journal
of Legal Information, 48(2), pp.86-87.
de Mars, S., 2020. EU Law in the UK. Oxford University Press, USA.
Ellis, B., 2019. Comparative Corporate Governance: Legal Perspectives. By Véronique Magnier.
Cheltenham, UK; Northampton, MA: Edward Elgar Publishing, 2017. Pp. viii, 207.
ISBN: 978-1-78471-355-3. UK£ 75.00; US $120.00. International Journal of Legal
Information, 47(2), pp.119-120.
Frosini, J.O., 2019. Splendid Isolation or Open to the World? The Use of Foreign Law by the UK
Supreme Court. In Judicial Cosmopolitanism (pp. 29-68). Brill Nijhoff.
Kooshshkar, R. and Ghasemi Ahde, V., 2019. methods in Iran and UK legal system have been
comparatively investigated. Journal of Civil Law Knowledge, 8(1), pp.42-57.
Lemassel, M.M., 2020. Regulations of financial institutions in the US/UK.
Ogden, W. and Everard, M., 2020. Rapid ‘fingerprinting’of potential sources of plastics in river
systems: an example from the River Wye, UK. International Journal of River Basin
Management, pp.1-14.
Zahn, R., 2020. Finding New Ways of “Doing” Socio-Legal Labor Law History in Germany and
the UK: Introducing a “Minor Comparativism”. German Law Journal, 21(7), pp.1378-
1392.
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