BSC Business Law Report: UK Law, Contracts, and Commercial Impact

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This report, prepared for a Business Law module, comprehensively examines the legal framework of the United Kingdom, focusing on the classifications and sources of law. It provides a clear definition of UK law and discusses the characteristics of public and private law, as well as the three distinct legal systems within the UK (England & Wales, Scotland, and Northern Ireland). The report then delves into the hierarchy of the principal sources of law in the English Legal System, including legislation, common law, and judicial precedents, and explores their characteristics. Furthermore, it analyzes the impact of contract law, specifically the Selling and Supplying of Goods Act 1994, on commercial organizations, detailing the stages of contract formation and the obligations of stakeholders. The report also briefly touches upon the impact of laws on multilingual organizations. This report is intended to give students a detailed overview of key aspects of UK business law.
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BSC (Hons) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER 1, EXAMINATION 2021/22
BUSINESS LAW
MODULE NO: BMP4002
Exam Paper Release Date & Time: Saturday 13August 2022 at 10:00am
Submission Cut-off Date & Time: Monday 15August2022 at 10:00am
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ANSWER BOOKLET
All the pages of the answer booklet should be submitted including blank ones.
Please type your answers in the spaces provided.
Insert additional pages where required.
Student Name
ID Number
INTRODUCTION
Law is one of the most crucial factors as a firm has to abide by the laws and regulations that are
set up by the country so that it can survive and sustain in the market for a longer term (Grizane and
Jurgelane, 2017). In this report there is a detailed explanation of various law classifications and
different aspects related to it with the context of the United Kingdom. Apart from that the source of
law and contract law is also elaborated in this report.
Question No 1 (The UK Classifications of Laws)
1.1 Provide a clear definition of law within UK Context
The cornerstone for numerous different judicial structures is the regulations of the Great
Britain that is frequently alluded to as merely "legislation" in different situations. Regulations in
several other sectors, like the taxation code, is derived from statutes which are applicable to the UK
and its citizens.
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1.2 Define and discuss the characteristics of the two main classifications of laws in UK
The divisions of legislation relate to the different subcategories which the categorizations of
law may be arranged within. There seem to be obviously numerous different types of ordinances,
but in order to make them easier to grasp, they have generally divided into a number of groups.
Inside the realm of the legislative industry, there are two separate sub fields of study: public and
private law (Kareem, 2018). This principle, which can also be called a norm, directs how the
government ought to deal with its citizens. In addition to a variety of other potential elements,
observations of public law comprise federal legislation, administration statute, criminal
jurisprudence, and transnational regulation. "Private law" is the system of legislation which governs
interactions among private entities. For example, there is the rule of agreements, the legislation of
corporations, and the legal of civil liability. It is the section of the legislation which regulates how
individuals interact with one another and gives them recourse whenever respective privileges are
infringed. Criminal law, on either side, is focused on offenders and the actions they execute.
Marital law, tort law, and contractual law are a few examples of subfields within civil
legislation. The criminal law department of the judicial process is thought to have jurisdiction over
the laws which control criminality in community. There are legal ramifications for anyone who
break this legislation and hurt the common populace. The Great Britain's criminal law is described
in the Criminal Code Law of that nation.
1.3 Identify the three different Legal systems in UK
Scottish, Northern Irish, and Britain and Wales all conduct judicial proceedings in unique
ways from each other. Despite the Laws of Unification that merged Scottish and Irish in 1708 and
1800, the two nations maintained their separate legislative structures and historical traditions.
Details on the tribunals that are active in Britain and Wales is available on this section. This
subsection also briefly mentions the Supreme Council of the Great Britain that was founded in
October 2009 to replace the Judiciary Council of the House of Lords, and the Tribunals System that
oversees all of Scottish.
Among the 3 divisions of the administration, along with the execution and legislature aspects,
is the judiciary process. There is also the issue of the 2 Houses of Commons that separately
symbolize the legislature and executive branches of authority. In democracy nations, there are
normally 3 main elements of administration. Due to the fact that each branch of administration has a
codified law outlining its responsibilities, this could operate as a balance against the other 2 (Mian,
Sufi and Verner, 2017). This permits every subsidiary to act as a checking against the other 2 and
prohibits any branching from accumulating too much influence. This legal organisational
framework is referred to as "segregation of authorities."
Among of the relatively handful nations in the globe without a codified constitutional is the
Great Britain. Its charter is composed up of the regulations which Legislature has passed as well as
the legal principles which have grown over time as a consequence of judicial rulings. The United
States and Israel are the only 2 nations without a distinct published charter and New Zealand is the
other.
Nearly every other country is unique in this specific way. Constitutional provisions frequently
have a stronger legal standing than regular laws. They could just be passed or abolished via a
unique process that is separate from the one used to pass and remove regular laws. This is due to the
fact that fundamental provisions are thought to be essential to a country's form of administration.
The wider populace is most familiar with this aspect of such fundamental clauses. The USA meets
this definition perfectly. The absence of a formal law that have officially legislated is one of many
changes that the UK has gone through from the period 1066. This has made it difficult for our
systems of governance to clearly distinguish among the parliamentary, executive, and judiciary
branches of the state.
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Question No 2 {The UK Source of law}
2.1 Identify and briefly explain the hierarchy of the principal sources of laws in the
English Legal System
In Britain, data collecting is done in the following sequence: Having the required rules in
effect (primary and secondary). Owing to earlier judicial rulings, the standards guiding common
law and equitable legal precedents developed across period. Instances of the constitutional process
"statutory law" relates to regulations enacted by the parliamentary arm of state. A subsidiary
component of the law may allow for small changes to a main section of the law. Subsidiary laws
will define whether amendments to the basic law are permissible and the manner in which they has
to be implemented in order to achieve some effect. For instance, a law could be amended to include
additional guidelines or data in addition to being added by subsequent laws (NGOLYA, 2020).
In British parliamentarian regimes, which combine the executive, legislature, and judiciary
aspects of administration, the regulatory body is the most potent of the 3. A three-branch system
must, in theory, retain equivalent amounts of power to prevent the emergence of dictatorship. It
could guarantee that no part will rule over the others. When the single individual dominates both the
executive and legislature parts of the state, the division of responsibilities is, at minimum,
ambiguous. It is customary for legislation presented in the House of Commons to serve as the
starting point for future statutes. Before a legislation to become legislation, it has to be approved by
both houses of Parliament. Under many forms of governance, laws are enacted by single - member
legislatures, also referred to as one-chamber legislatures. Each mechanism ultimately converts
activities into regulations. A judge or tribunal needs to have a certain level of authority in order to
assess the validity of a provision of legislation. This norm has one important alternative, for
instance, when the legislative is charged with determining its limits. The Civil Liberties Act of 1998
has the power to compel Government to amend laws which have been found to violate the
constitutional body.
A law passed by House is referred to as subsidiary laws or auxiliary regulation. This is very
comparable to the branch of legislation called as statutory interpretation in the US. Agencies often
receive permission from the parliamentary body to propose subsidiary laws. Cabinet judgments,
directions, and regulations are a few instances of subsidiary types of legislation. In the Great
Britain, the great proportion of legislative instruments contain possibilities for subsequent laws.
2.2 Explain the characteristics of the sources of laws identified above giving examples of
each
The majority of law is derived through legislative provisions, regulatory rules, and judicial
decisions. All 3 branches of the government—legislative, executive, and judicial—contribute to the
procedure of enacting legislation (Nurani, Nurjanah and Prihantoro, 2020). The national authority,
the states, and regional authorities are acknowledged as the 3 primary sources of legislation in the
United kingdom Constitutional body. Employing subsidiary materials, including agreements,
practise manuals, judicial reference books, and publications from professional periodicals, to
identify and understand primary legislation. Such supplementary resources would help direct
readers to relevant laws and court rulings that readers may need while drafting pleadings and
memorandum. Judicial magazine and articles and other auxiliary materials have the power to
influence regulation.
2.3 Discuss the impact of the respective laws on the multilingual organisation
In order to appropriately represent the subject of study in this subsection, the terms "multi" and
"lingua" were combined to create the phrase "multilingualism." Thus, while talking about linguistic
diversity, what is intended is the ability to converse effectively in a number of various dialects. One
dialect's mastery of the speech typically prevails above the others in a situation wherein multiple
dialects are used, either in regards of verbal or textual communications. The continuous coexistence
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of multiple dialects within a single culture is another definition of linguistic diversity. Such dialects
can fall under any of the following subgroups: legal, informal, native, overseas, regional,
worldwide, or any combination among these. Multilingualism is the ability to converse fluently in
multiple dialects. Yet, a lot of people mistake multilingual for linguistic diversity. Multilingualism
is the capacity to communicate multiple dialects with ease. Trilingualism is the capacity to
communicate in 3 dialects with ease. The more general term "multilingualism" refers to situations
where a particular individual is proficient at speaking greater than 3 dialects.
Question No 3 (Give examples of how the UK law making process
have a direct impact on commercial organisations focusing on
ONE of the below list):
3.1 Explain and give the features of one of the following laws:
Contract law
The Selling and Supplying of Goods Act, enacted in 1994, protects all entities
involved in the selling and supplying of goods in the Great Britain. As a consequence,
once a business like Hobbies Technology Ltd. consents to buy goods from that source, an
agreement is formed (Rauter, Jonker and Baumgartner, 2017) .
Contract law specifies the obligations and privileges of the stakeholders to an
agreement. The link among the sides, the validity of the contract, and the way it must be
read, though, depend on a handful of distinct situations like people and companies.
The presenting of a proposal is the initial stage in creating a relationship. In
practise, this could come in the shape of a request for cash in compensation for goods or
activities or a commitment to provide cash or another item in the later in consideration for
a function. The deal would be seen as a valuable transfer in any scenario. A sign that a
party wants to engage in agreements. Delivering an "offering" to the opposing side
officially offers a deal that the second entity may agree or reject.
The opposite side should be informed of this proposal. If individuals are
uninformed of an offering or haven't been informed of its availability, it is illegal to adopt
it.
The sole alternative to this principle is a formal agreement for the selling of real
estate that should include all of the terms negotiated upon and be constitutionally
enforceable.
Whenever an agreement is reached and cash is exchanged among individuals, an
agreement is created. It now has legal standing and can be used as a basis by any entity. A
commitment that results from a conditioned engagement is deemed valid and binding if all
of the conditions are satisfied (Spence, 2016) .
The oral or tangible expression of agreement to an agreement is possible. Both
approaches are practical choices. If understood in this sense, the receiver's actions or
statements show that individuals recognize the conditions set forth by the proposer.
An agreement's provision has to be clear to all sides in order for it to be regarded as
contractually enforceable. Every one of the entities concerned should be capable of
comprehending the agreement's terms. If the sides are incapable of come to an
understanding on a material clause, the commitment may not be binding underneath the
legislation.
Contracts which require negotiations between the sides in order for the contents of the
deal's clauses to be effective are regarded as unlawful (Thang, 2021) .
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CONCLUSION
It can be concluded from the above that there are various aspects that has to be considered by a
firm while doing business in the United Kingdom and also has to abide by its laws so that it can
prove beneficial for the company in the long run scenario.
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REFERENCES
Books and journals
Grizane, T. and Jurgelane, I., 2017. Social media impact on business evaluation. Procedia
Computer Science, 104, pp.190-196.
Kareem, T.S., 2018. Impact of inventory management practices on small and medium enterprises
manufacturing subsector in Oyo State, Nigeria. South Asian Journal of Social Studies and
Economics, pp.1-8.
Mian, A., Sufi, A. and Verner, E., 2017. Household debt and business cycles worldwide. The
Quarterly Journal of Economics, 132(4), pp.1755-1817.
NGOLYA, J.N., 2020. DETERMINANTS OF GROWTH OF SMALL AND MEDIUM
ENTERPRISES IN THIKA TOWN, KIAMBU COUNTY, KENYA (Doctoral dissertation,
Gretsa University).
Nurani, N., Nurjanah, R. and Prihantoro, I., 2020. COMPETENCE OF HUMAN RESOURCES OF
SMALL AND MEDIUM ENTERPRISES (MSMES) OF WEST JAVA THROUGH
INTELLECTUAL PROPERTY RIGHTS (IPR) PROTECTION IN THE COVID-19
PANDEMIC ERA. PalArch's Journal of Archaeology of Egypt/Egyptology, 17(10),
pp.3878-3896.
Rauter, R., Jonker, J. and Baumgartner, R.J., 2017. Going one's own way: drivers in developing
business models for sustainability. Journal of Cleaner Production, 140, pp.144-154.
Spence, L.J., 2016. Small business social responsibility: Expanding core CSR theory. Business &
Society, 55(1), pp.23-55.
Thang, N.M., 2021. The Impact of Outsourcing on the Performance of Small and Medium
Enterprises in Vietnam. European Journal of Business and Management Research, 6(3),
pp.208-215.
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