- Justify the basic nature to the legal system.
- Explain the possible effect of the law on an enterprise.
- Determine the creation is various kinds of business structure.
- Suggest an appropriate legal solution to resolve areas of conflicts.
Business law is defined as the legal law which explains about the commercial sector guidelines which are mandatory to be considered. Business law clearly explains that violation of law can create legal issues in the existence of a organisation. In this file, law hand book is needed to be prepared by the law firm named as Legal Assistance. Topics which will be mainly focused in the file are connected with the legal system and how it is needed to be considered and secondly importance of business setup will be explained that how any of the company is needed to be commended and what are the guidelines which are needed to be followed. As company faces number of issues on daily basis which means legal issues are also needed to be solved.
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1. Explanation on legal system of UK, several sources, role of government in law forming process and how statutory and common law is applied within business organisation.
It is needed to understand that whenever there is the discussion about legal system, points related to UK legal will come across where it will simple to understand that how strong area it covers with the way of its formation. In this law, it can been be seen that formation of any of the law has been done in a systematic manner due to which it become easier for business organisation to make their decision (Jessberger, 2012). It gives the guidelines that what is needed to be done and what should not be done and what can be the result if any of the terms and condition will be breached. In this legal system, the final authority to take any of the decision has been handed to Queen.
The government of UK doesn't want to depend upon single area for the purpose of formation of law because sometimes weakness might arises in that condition. It is one of the reason that government depended upon multiple sources for the purpose of formation of law. Those sources are explained below:
- Legislation: The main sources of UK for the purpose of formation of any of the law is legislation in which House of Parliament has the crucial role to play. The laws under legislation are being formed by the selected MPs who run the House of Parliament. Here, bill is needed to be passed by different stages which reaches up to Queen where she has to take final call on bill.
- Directives: Whenever there is the requirement to commence any of the law in UK, it is necessary to understand that European Union will play the crucial role. There are number of laws in UK premisses which has been commenced by directives bodies and whenever they commences, it is needed to be followed by everyone.
- Case law and treaties: There are number of situation where government is needed to understand that they can commence the laws with the help of case laws which are being discussed in Court (Mann and Roberts, 2017). Also, UK has been the party of UN which means whenever they commences any of the law it is needed to be followed which falls under treaties.
Government is needed to be active in any of the stage because they are the one who is needed to take active part for the purpose of formation of any of the law. In UK, government prepares the bill which is drafted for first reading. The role of first reading is quite simple where they just need to give the title to bill. The second reading has its own importance because it has the responsibility to decide whether bill is needed to be sent forward or not by doing appropriate discussion. Then, there is the role of committee stage which check briefly that whether all of the points are suitable or not. There are number of situation where some of the points are not liked by the committee stage which means changes are needed to be done and responsibilities are given to Report stage. After doing correction to the bill, they gives it to Third reading where representative member have to cast their vote that whether they are satisfied or not. If more then half of the member are satisfied upon the bill then it is forwarded to next step i.e., House of Lords who has to re-verify every single step which has been done by House of Common (DiMatteo, 2016). After doing verification they have to forward the bill for next process which is Royal Assent where Queen has to give her final approval on it.
Statutory law and common law, both has the great importance within the business organisation as it tells that how any of the work is needed to be done. The laws and regulation are commenced under statutory law which is needed to be considered with the help of Companies Act 2006 and more more. There are number of situation where legislation is unable to describe about every area and in that situation common law commences the law which are applicable to every business association and that too must be considered from immediate effect.
2. Critical reflection on legal system
The legal system is very effective as it come within the use on daily basis where every decisions are legal binding in itself. If in any of the situation law doesn't work then changes can be also in it. The decisions taken by legal systems are needed to be considered in each and every step. There are number of strong points in this legal system as they follow the long procedure to prepare any of the law due to which there are very less chances of occurrence of mistake. But, talking about negative side of the legal system, it can be said that while forming any of the law they takes unnecessary time period due to which various cost incur which is one of the main weaknesses of English legal system (Bagley, 2013).
3. Explanation on the key legislation, regulation and standards that a new organisation new to be aware of.
Legislation: It is the department which has the authority to commence any of the new law within the premisses of UK. It is necessary for business organisation to understand and find what are those legislative law which applies upon a company.
Regulation: Whenever legislative form the law, regulations simply helps to identify how those laws are needed to be followed, what are those regulations which can help company to perform their task specifically.
Standards: It is very crucial for business organisation as it helps them to maintain the quality of product which is needed to be distributed in the market. It is crucial that standards should not be reduced in any of the situation as it can create legal issues in that particular situation.
All of the new business organisation must be aware about legislation, regulation and standards because if in any of the situation changes occur then company must adopt those changes. Also, if company fails to perform their task then legal actions can be taken easily upon the company (Siedel and Haapio, 2016).
4. Potential of different law upon business organisation.
Impact on business organisation
An agreement formed between two different parties having mutual obligations which are enforceable by law is known as contract law.
This gives the deadlines with proper requirement due to which work can be completed within specific time period (Clarkson, Miller and Cross, 2014).
Law of Torts
The law which provides remedies to an individual who had suffered just because of the unreasonable activity performed by the organisation.
If company is found guilty under law of torts then in that situation there is huge possibility that company may have to suffer from losses, even they may loose their existing clients.
It is the law which helps to protect the original works of authorship. It simply explains that no one has the right to copy other without taking legal permission (Guzman and Meyer, 2017).
It will not allow business organisation to copy the product of other company just for the personal benefit.
It is the collection of laws and regulations which helps to regulate the relation of employer & employee.
In simple words, employment law enhances the obligations due to which overall expenses increases automatically.
5. Detail account on different types and classification of business in public and private sector, provide legal structure of them with pros and cons
Covered in PPT
6. Critical evaluation that how different organisation are managed and funded
Covered in PPT
1. Brief overview of Contract law, employment law, Company law, etc.
Contract law: Whenever two or more then two parties tries to build legal relations between then in return of any consideration is known as contract law. It is mandatory that terrms and condition which has been prepared under contract law should be legal to make a contract valid else it will be counted as null of void ab inition types of contract (Bishara and WestermannBehaylo, 2012).
Employment law: This law is needed to be followed within the business premisses where employer and employees are needed to develop relation between themselves. This law gives guidelines that how employers is needed to treat their employee's and how employee's are needed to perform their duty.
Company law: The laws and regulation which has been commenced under Companies Act 2006 is known as company law. This law is helpful for companies for taking any of the business decision. Breach of contract law can create different types of issues for an organisation.
2. Salient legal points of each case;
Case 1: In this respective case, Gordon and Orange Computers Ltd store had a dispute regarding contract law. Gordon work on salary and commission basis but company was not able to generate profit due to which company change the contract with Gordon that he must work only on the basis of commission in year 2016, 2017 and 2018. Eventually, company start to earn higher amount of profit from market due to which Gordon is claiming that company must start to pay him salary again but company is denying on it (Nica, 2013).
Case 2: The case has a connection within Janet and Virgin Media. Here, Janet decided to take the connection of internet and phone which cost around £35.00 & £11.00 p.m. The engineer came and connected the internet line but didn't gave the connection of phone line. But, at the time generating the bill, Virgin Media sent the bill including the amount of phone line. Now, Janet is explaining that she should not be changed for telephone line till the date of its installation.
Case 3: In this case, there is the dispute between Blackhorse Ltd and creditors. The bad debt is increasing day by day due to which they are unable to do the repayment on time. Company is shifting its dates on daily basis due to which one of their creditor issued a winding up petition in order to recover the money.
3. Suggest an appropriate legal solution to each of the problems;
Case 1: The case is all about contract and employment where just understand is required in order to solve it, so it will be suitable for both Gordon and Orange Computer Ltd to take the help of mediation process of resolving issues.
Case 2: In this case, there is communication gap between Janet and Virgin Media and it is necessary to make them understand that how they can come back to track (Besley, 2015). This can be done by taking the help of conciliation process.
Case 3: The case is quite complicated because company is unable to do the payment of creditors but if winding is only the solution then creditors are needed to understand that company will not be able to perform their task in future period of time. So, it crucial for both Blackhorse and Creditors to take the help of arbitration method to come up with solution.
4. Provide justification for the advice and solution given;
Case 1: Whenever there is the problem between any of the contracted parties then they are needed to understand that they can easily find out the solution with the help of Mediation process (Nichols, 2012). It is one of the process where mediator try to ask both the party that what are the main issues they are having and according to that they provide the solution to disputed party so that they can easily work as per the guidelines of contract.
Case 2: While talking about conciliation, it is one of the way for resolving the issues in which disputed parties try to resolve the issues by trying that how they can follow the maximum number of guidelines which are mentioned within the contract.
Case 3: Arbitration is the suitable way of resolving the issues but that should be of civil nature. Appointed arbitrator will help to decided the particular date on which creditors will be able to get their money back. The decision which will be taken by arbitrator must b followed.
5. Compare & contrast the effectiveness of these recommendations given in your presentation;
The above given suggestions are helpful in all of the three different cases because that will help to decide that how positive results can be taken out by the disputed parties (Johnson, 2013). These recommendation will also be helpful because parties will not have to hamper their time as proceedings of court is generally length and even that create lots of issues as well. In addition, this recommendation will guide that how disputed matters can be solved without involving any of the outsiders in short period of time.
6. Critically and evaluate the use of the appropriate legal solutions suggested in comparison with alternative legal advice
The above legal solutions are appropriate but it is also necessary to understand that in each and every situation it will not be helpful. There will be some of the circumstances where people might not get agreed upon the suggestions which are given by the third party. But, whenever any of the disputed parties will take the help of arbitration method then they will be able to find the solution and even that solution will be required to followed by every member involved by the members (Fici, 2013). But, while talking about legal solutions, there is no surety that decision can be obtained within the short period of time.
It is understood from the above file that company must comply with business law if they want to accomplish the target on time. Legal systems are very crucial for any of the business organisation as they decide that how company can perform their activities. Different laws have different impact upon business organisation so it is necessary to understand that all of the laws must be considered before taking any of the decision. There are number of ways through which any of the disputes can be resolved but it is necessary to understand that legal proceeding always take additional time period for finding any of the result.
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