Business Law Report: Unit 7, Key Legal Aspects and Solutions

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This report provides a comprehensive overview of business law, examining various sources of law, including legislation, treaties, and case laws. It delves into the roles of government in law-making, specifically in the UK, detailing the application of statutory and common law within the court system. The report further analyzes the impact of company law, employment law, and contract law on businesses and organizations, highlighting their significance in establishing legal frameworks. It also explores the different types of legal business organizations, such as sole proprietorships, companies, and partnerships, and discusses methods of managing and funding these organizations. Finally, the report recommends legal solutions for resolving disputes, using examples to illustrate practical applications and strategies. This report provides a comprehensive understanding of business law principles and their practical implications.
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Unit 7: Business Law
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Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
P1 Explain the different sources of Law.....................................................................................3
P2 Explain Role making of government with the methods to apply statutory and common law
in courts.......................................................................................................................................4
P3 What is the Impact of company, employment law and contract law in all business and
organizations...............................................................................................................................5
P4 Explain the framing of legal business organization with its types.........................................6
P5: Explain ways through which business organisations are managed and funded...................7
P6: Recommend all the legal solutions resolving a range of disputes using examples to
demonstrate.................................................................................................................................7
CONCLUSION ...............................................................................................................................9
REFERENCES..............................................................................................................................10
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INTRODUCTION
Business law is the formulated rules and regulations which implies in maintaining all the
laws in the company and in the organisation. As in order to maintain the proper functionality pf
the business there is being used to maintain and follow all the rules that are being seen important
in the business law(Bacon 2017). Commercial law implicates all the trading and the merchandise
areas in which all the business and the regulations are needed to be implemented. While business
law has various laws that re being covered in it they are like employment law, contract law and
many more. Contract law is the agreement which is made between the parties in order to frame a
proper contract in the parties. This report will discuss all the important sources of law and also
with that the impact of contract law and the legal solution with the funds allocation of the
company.
MAIN BODY
P1 Explain the different sources of Law.
Law governs out to be the most important set of rules which helps to maintain and
implicate all the nature and the ways through which various regulations are being made. Law
helps out to maintain the peace and the morality as In order to frame all the societal growth and
with that it helps out to maintain all the incorporation and various several rights and duties of
person(Beatty, Samuelson and Abril 2018). It has been seen that all the sources of law are being
made by the government and also in the civilised society as these sources helps in attaining all
the methods and the nature on which the work can be made. The two most important source of
law are:
Primary source Legislation- As the UK constitution is not written and their implicates all the statutory
instruments which are important for the council. Their has been seen that all the set of
rules which are being made by the government are covered in it. And are treated as the
primary source of law.
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Treaties- It is mainly the international agreements which are made between the countries
and all those agreements are binding on the country and create a major affect. Case laws- As the cases are being covered in the court the judgement that is being given
by the courts are use to be binding in all the lower courts and all the decision are to be
taken according to that case laws(Cheng and Wang 2018).
Secondary Source Law journal- It is considered with all the case commentaries that re being made in an
book so as to give the general information about the law to the person. Directives- This consist of all the amending framed methods and the issues which has
certainly made the directives and the individual to work in legal manner.
Textbooks- It consist of all the legal writings by the authors as which is being given by
the students in order to maintain and make them to gain general information about the
cases, sections and the basic law details.
P2 Explain Role making of government with the methods to apply statutory and common law in
courts.
As UK has 2 important houses which are House of Common and House of Lords, the
former is the government making body and the later is used to make all the skilled are and
attribute the quality of working. The House of lords has various stages which are as follows: First Reading- This is the first stage in which bill use to be introduced by the House to
check important areas. And the names use to be read out in chamber. Second Reading- The major changes that are important in the bill will be made in this
stage. Committee Stage- This is said to be the voting stage where important amendments will
be framed with that all the bill change with those amendments and the voting is being
raised for this process(Chin and et. al., 2020). Report stage- The major areas are used in consideration with that all the changes and the
areas are being seen and amendments analyzed. Third Reading- Through this stage the loopholes are been covered and framed properly
so as to maintain the change in the proper manner.
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Consideration of amendments- It covers the final stage where the major changes and the
royal assent ids being taken for that bill and if it is accepted then it will be applicable
otherwise whole process will be repeated again. Royal Assent- Lastly, the bill that is being introduce and amended will be recorded and
applied to the country with all those changes.
Judicial organization
Laws which is enacted with judicial system will be applied in UK through precedents. It
have superior court so as with it all the subordinate courts are also included in it. All superior
courts use to deal with civil as well as criminal matters and also have the final appeal stage. The
chancery division and the court of appeal, Queens bench and also other family divisions are
covered by the High court(Ershova and et. al., 2019).
Other then that there are crown courts, family courts and county courts where all the
further criminal matters are being dealt.
P3 What is the Impact of company, employment law and contract law in all business and
organizations.
As in several business there has been analyses that their companies to have various
important laws which are important in order to maintain all the factors there are like the
employment law, contract law and the company law. All these laws helps to attain the business
and also with that certain areas which are as follows: Company Law- It maintains the basic and the key elements for all companies that are
like the dissolution of the company and also various rules which are being made. This are
the separate legal entity which governs out all the liabilities with assets. It aims out to
protects all important rights of stake holders which use to deal so as to maintain the laws
and regulations in properly for the organization.
Contract law- it is mainly the agreement which is being enforceable by law and which
frames out all the rules and the regulation that helps out in attaining the parties
to ,maintain and frame a proper contract. This also gives the parties a proper remedy
through which they can protect all the agreement and the rights. The contract creates a
binding obligation on all the person and their will tend to maintain the essential elements
which are important tin the contract.
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Employment law- it is the law which helps to give all the protection and the important
rights to the employees which use to work in the organization. As in UK there has been
made various acts through which the rights of the employees is being protected that are
mainly the Equality act, Gender discrimination act. As all the employees should get the
proper protection and their has to be made all the rights and the implications so as to
attain the benefits and growth of the employees(Morabito 2018).
P4 Explain the framing of legal business organization with its types.
In company law various legal structures are being made through various types and it
covers structures through all company as there is been used the sole proprietor with that also
partnership within company. The business that are being organized and use to be maintained by
the single person and their tends to be one owner of that company too.
Company
It can be said as separate legal entity where their will be no owner in the company. Their
all the company have perpetual succession as which means that the person who handles it can be
appointed and retired but the company will stay their forever. The registration of the company is
there by important as all the company will have to be properly registered and they can also
choose all the members through by with the directors that are important. It is been seen that there
are two types of company they are public and the private company.
Sole proprietor
This is owned by the single owner which implicates that all the person who handles the
company will be the single owner. Through this various assets with liabilities use to be implied
in it. All the basic and the various decisions can be covered by the sole owner of the company
and they use to maintain all important relation with the stakeholders. Furthermore these liabilities
which are being present with the sole proprietor is important(Ngai and et. al., 2018).
Partnership
In all such business there is not a single owners whereas the company is being handled by
the two or more people which are named to be partners. They will share all the liabilities and the
rules and the profits with each other. The partners will there by have to maintain the profit and if
the partners leave the company then the firm dissolution will takes place. As partners can attain
all the areas and generate the profit together.
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P5: Explain ways through which business organisations are managed and funded.
The most important element for all the business is allocation of the funds. As this is
mainly bee planned that how the company is trying to maintain all the funds and through what
manner they will make all the projects and the funding. As funds are the most important element
for all the organisation and all of them have various methods through which they maintain and
allocate the funds for there organisation(Smith and Williams 2018).
Sole proprietor
As the sole proprietor are the single owner and they use to maintain all, the sole
responsibilities of the company. This implicates that all the company which is being maintained
by the sole owner use to have various affects like they either invest for the company through
there own savings or there by take the money from the shareholders. But mostly they believe to
maintain there own saving to raise the funds.
Company
All the companies are the separate legal entity and their has been seen that all the
companies can either allocate the funds from their directors or the stakeholders. And company
can also raise the funds by getting the equity shares or the loans from the banks or the investors.
Their has been analysed that ll the areas through various nature and the record can be attain are
being concerned. Which means that company can gain the funds through all the loans or the
shareholders of it.
Partnership
The partners as use to carry the business together they there by aims out to raise the fund
for the company through there own savings as the partners can thereby maintain there own
savings in the company and also gains out to reach and attain profit. Or there by they can by
taking a unanimous decision take the loans or the interest for there own. It means that al the
company which are hold by the partners can be framed and maintained through the investors or
by allocating the funds of there own.
P6: Recommend all the legal solutions resolving a range of disputes using examples to
demonstrate
The companies or the organisation use to implement all the best methods that they can
do. And with that in case where it is being analysed that in order to avoid the long trials and the
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over payment of money. The company can there by use these various methods through which
they can solve the dispute which are being arises in them they are as follows: Arbitration- In this process an arbitrator is being appointed and that person will record all
the evidence if both the parties and with that also allocate and hear both the parties and
give the decision which seems first. The parties will there by be binding with the decision
of the arbitrator(Trad and Kalpić 2019). Mediation- in this method a mediator is being appointed between the parties and that
person will hear both the parties and will give an advise on account of them. In case when
both the parties do satisfied they can make that decision binding on both of them. Conciliation- Through this method all the areas and the important elements are being
covered. Here the person who is appointed between the parties will not have any relation
with any of them and that person will hear out both the parties in proper manner. The
conciliation is mainly being applied when both the parties are duly tends to seen satisfied
with the results and the reason to which it solves the disputes.
Negotiation- this is a situation where it is being tried that both the parties will attain the
win win situation as by gaining benefits. In this the negotiator will be appointed and that
person will hear out both the parties and records there evidence as what it feels fit. There
by it is being analysed that in such methods the main aim lies out that all the parties
negotiate to come on a situation where they both attain the benefits ad may not have the
loss(Wessels and Madaus 2020).
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CONCLUSION
From this above report it is concluded that, business law is the most important stream
through which all the companies and the organisation can maintain there working area. It has
various set of rules. There are two important sources of law which are primary and secondary
and both have the importance areas. Wit that the house of commons and the house of lords helps
to maintain the bills. The contract law, employment law and the company law have various
methods in funding through which this can help out to gain the protection of the company.
Furthermore there are certain remedies and the reliefs which are being made through which the
protection of the employees rights can be made.
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REFERENCES
Books and Journals
Bacon, M., 2017. Taking care of business: Police detectives, drug law enforcement and
proactive investigation. Oxford University Press.
Beatty, J.F., Samuelson, S.S. and Abril, P., 2018. Essentials of Business Law. Cengage Learning.
Cheng, L.T. and Wang, J.W., 2018. Enhancing learning performance through classroom
response systems: The effect of knowledge in a global economic environment. Journal
of Teaching in International Business, 29(1), pp.49-61.
Chin and et. al., 2020. Developement of Legal Opinion Practice as Reflected in The Business
Lawyer. Bus. Law., 75, p.2041.
Ershova and et. al., 2019. The phenomenon of digitization in legal business education. In
Ubiquitous Computing and the Internet of Things: Prerequisites for the Development of
ICT (pp. 145-152). Springer, Cham.
Morabito, V., 2018. Lessons from Australia on class action reform in New Zealand. New
Zealand Business Law Quarterly, 24(3), pp.178-211.
Ngai and et. al., 2018. Business sustainability and corporate social responsibility: case studies of
three gas operators in China. International Journal of Production Research, 56(1-2),
pp.660-676.
Smith, D.G. and Williams, C.A., 2018. Business Organizations: Cases, Problems, and Case
Studies. Aspen Publishers.
Trad, A. and Kalpić, D., 2019. The Business Transformation Framework and its Business
Engineering Law support for (e) transactions. In Advanced Methodologies and
Technologies in Business Operations and Management (pp. 230-246). IGI Global.
Wessels, B. and Madaus, S. eds., 2020. Rescue of Business in Europe. Oxford University Press,
USA.
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