Mario Lucian - Business Law

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 8

[Year]

Business law
[DOCUMENT SUBTITLE]
PC
Contents
P1 Explain different sources of law and laws that organizations must comply with..........................2
P2 Explain the role of government in law making and how statutory and common law is applied in
the justice courts..................................................................................................................................2
M1 Evaluate the effectiveness of the legal system in terms of recent reforms and developments.. .3
P3 Using specific examples illustrate how company, employment and contract law has a potential
impact upon business...........................................................................................................................3
M2 Differentiate and analyse the potential impacts of regulations, legislation and standards.........4
P4 Suggest appropriate legal solutions for a range of business problems e.g. termination of
contract, rescue from insolvency and liquidation................................................................................4
P5 Provide justifications for the use of appropriate legal solutions....................................................5
P6 Recommend legal solutions based upon a different country’s legal system and/or a different
legal framework. M4 Compare and contrast the effectiveness of these recommendations..............5
References:...........................................................................................................................................6
P1 Explain different sources of law and laws that organizations
must comply with
Law comes from the mechanism of legislation and the reflection of these mechanism. There
are different types of law are available. As, common law, company law, socialist law,
religious law, civil law etc. Civil laws are helps to get the rights of the general people in the
country. Company law help to show the process and policy that the business should follow to
run. Religious law starts form the religious point of view as Sariah law reflect the Islamic
rules and regulations.
There are different sources are available of law. Most common sources of law is the
constitution of the country. Without UK, almost all the countries in the world is having the
written constitution. It consists of different rules, regulation, standards and laws that need to
follow to run the country. Different country sets their constitution according to their social
and cultural believes. These section of the constitution can also update or reform according
the different situation of the country.
Court law is the kind of law that is having influence and impact on all the country in the
world. UK is also following the court law. They are doing petition about any issues to get the
legal judgement from the court. The process starts form heir parliament where most of the
ruling and majority party take the advantages to get pass the law by getting vote from their
members of parliament. After that they come to the court as House of Common to be the final
approval to make the concept a law.
There are some international organization that is also deriving some laws. As WTO, UN, EU,
SAARC etc. they are setting different legislation issues that need to maintain the by the
country that included within these international organization. Also, international court is
giving support to all the countries of the world to get the legal support for any complex
issues.
Company is the law that is different according to the different countries activities. Business
forms, regulation, working process is different in different country. So, state is setting the law
to about their own preference to improve the national economy and ensure the sustainable run
of these business. Fair wages, maximum working hours, health and safety issues of
workplace, flexibility of work, termination of contract etc. is undergoing of these company
law (Andews, 2011)

P2 Explain the role of government in law making and how


statutory and common law is applied in the justice courts.
Govt. is playing the key role on law making in UK. They are not having any written
constitution. So, they are heavily dependent on court law. As, that should be come within the
t efficient process. First of all, one of the minister of the parliament from the ruling party,
they place the proposal to make any changes of existing law or making inclusion of
something according to the needs and demand of the country. Then the proposal getting
discussed from the ruling party members and them also makes debate by the ruling and
opposition parties. After that if the negotiation comes from both parties and al the members
of the parliament then it goes straight to the House of Commons to get certified and approval.
Otherwise it goes to the next section of voting between all the members of the parliament to
make decision about the proposal.
Common law is the basic rules, regulation and legislation issues that signed by court and that
need to maintain by the general people and every organization. These law are giving more
focus to make the secure and safe run of the community people need to run according to these
law and cannot break any of this.
On the other hand, statutory law is the kind of law that defines the rules and regulation that
not comes from outside the court. These law are basically comes form he organization to
make effective run of these organization and making strong engagement of employees and all
the functions to make better run of the business to reach the sustainable growth margin

M1 Evaluate the effectiveness of the legal system in terms of


recent reforms and developments.
Law is made to give the potential benefits to the target population of it. Different law is
having different benefits and purposes. As common law is giving more benefit to the general
people to make effective run. Company law helps to get the rights from the employers by the
employees and also employers get the right to make effective use of their employees to reach
goals and objectives of the business.
Also, law is getting reform and update because of the e need of different situation. As,
changes of technologies makes the valid reason to make changes of the law for the business.
Also, different market position and political changes that makes impact on the company law.
Organizations are making changes their rules and regulation according the need to situation
to make strong engagement with their employees and reaching the sustainable growth of the
business
There are different international organization that is having different rules and regulations
that need to consider by the engaged business and countries. For example, EU is having
certain rules and regulation that need to maintain by all the countries that are engaging with
it. So, it is clear that international organization are having more impact to set and make
progress of the efficient practices of law. Also, these law is getting reform according to his
need as Brexit makes the reform (Frech and Mayson, Ryan, 2012)

P3 Using specific examples illustrate how company, employment


and contract law has a potential impact upon business.
There are different law is having different impacts to the business. As company law is the set
of rule, regulation and standards of the business that the business need to follow to run their
further progress. These legislation issues inclusion the sustainable and ethical practices,
business should not do any unethical practices like using child labour etc. also, company law
helps business to do effective debt management, managing their resources, doing efficient
loan management, employee management etc. Company law helps to set the guideline of the
business that they should follow to make satisfaction of their shareholders and stakeholders.
Employee’s law is another vital law for the business perspective. It helps to make strong
monitoring and controlling of their employees with the business activities. Employee’s law
shows the way to treat the contract in the organization. As, business should give more priority
to give the fair wags policy to their employees, they should not make any discrimination of
their employees according to the race, religion, colours etc. they should treat their employees
according to their skills and ability, also, should make the secure workplace to make strong
engagement of their employees with the business goals (Honeyball, 2012)
Contract law is the kind of law that is having more impact and influences on the business
perspective. Sureness is having different contract with their employees and their suppliers.
As, employers is having right to cancellation of the contract with their employees and also
employees are having rights to resign from he job but both parties should give valid reason
and valid period of time. Also, contract can be made from business to its suppliers. All the
contract need to be in written form to make it valid and give option for all parties to take the
issues to the court if any one doing breach of duty or making harm to the contract terms and
conditions

M2 Differentiate and analyse the potential impacts of regulations,


legislation and standards
Regulations, legislation and standards are having some differences while they are also
connected to the each other with different issues and reason. Standards is the concept that the
business should follow while it is not the regulations but it has more impact on the business.
For the food business, they need to give more focus to maintain the standard of food
processing, maintain the code of conduct to deliver the food. These are the standards that
need to maintain by the business.
Also, there are same rules and regulation that also need to maintain but these are not the
standard. As, company law is the regulations and legislation issues that need to follow by the
business to make its solid progress. There are clear difference that is having between
regulations and standards but they can run along with the legislation it improve the quality of
the business products and services, maintaining the environmental sustainable issues etc.

P4 Suggest appropriate legal solutions for a range of business


problems e.g. termination of contract, rescue from insolvency and
liquidation.
There are different problem can be issue on the business but these issue need to solve by the
efficient practices of the legal solutions. In the business, there are different kinds of contract
that is undergoing on the business platform. These issues need to identify by the business to
make the effective solution of these for the sustainable run of the business. Contract can be
happen between employers to the employees. Employers should have written contract with
their employee that will includes different terms and conditions. So, employee and employers
are become binding with these terms and condition. So, one time of termination of contract,
employers can terminate the contract if employees are committed any crime and breach of
duty that void the contract. Also, employees can do resign but they should give more concern
to give the time period before leaving the job (Dignam and Lowry, 2012)
Also, management should have effect contract with their suppliers. So, they should concern
about the written agreement between the suppliers and the management. There should be the
financial transaction between employers and suppliers. So, these issues need to consider to
set the contract and legal issues. Also, different conflict can issue in the organization like
employees and employers can face the conflict situation because of any specific issue. So,
they need to make concern about their effective negation process to make efficient deal with
the situation. Also, they can take the help form third party as employee can take the help from
unions to make deal with these situation.
On the term of debt management, business need to take the legal help from the legislation
system. As, delayed payment makes impact for the cash inflows and outflows of the business.
Management should have clear connection and policy to their debtor. If any debut fails to pay
within the time frame both party try to make negotiate the issues outside the court to continue
the relation between them. But, if business thinks that delayed is going to long then they are
having all the chances to take the issue to the court and get the legal support

P5 Provide justifications for the use of appropriate legal solutions.


To forms a new business, there are different legal issues need to consider before start the new
business in UK. Firstly, business need to do registration of their buskins with HMRC and
trade department. Business need to show the proses of the business. They should ensure that
how the business will run like is it going to run as sole trader or partnership business idea.
Also, they need to show the assumption employee margin, their operation area, target market
concept etc. also, they should show their sustainability practices to get approval the business.
Then they are going to add the linkage with HMRC to pay the taxes of their production,
operation and their employees. On the other hand, if the business makes plan to run in global
format, then they need to make effective connection with different countries and making
effective relation with political condition of these countries to make solid progress of their
business (Rose, 2018)
To raise the fund, business need to have potential shareholders. So, they should see the
contract paper with their shareholders that how much interest they will give to their
shareholders. Also, they need to show the efficiency of the business and they should provide
the genuine information about their financial condition to their shareholders to make solid
engagement of their business to their engagement.
Business is having different contract with their employees and suppliers. These issues need to
give more concern to meet the needs and demand of both parties and run the contract with
successive manner. But if nay party makes anything wrong to other party is getting all he
right to take the issue to the court to get the legal justification as compensation (Parrington,
2013)
P6 Recommend legal solutions based upon a different country’s
legal system and/or a different legal framework. M4 Compare
and contrast the effectiveness of these recommendations.
Different countries are having different legal systems. They set their legal system according
to the political policy, religious view, different need and demon of the social issues etc.
Many of the South Asian countries legal system based on the English common law. They
make updates and reforms of some rules and regulation but they are having still the English
common law based system. For example, Bangladesh, India etc. many other countries of the
world like New Zealand, Myanmar, Jamaica etc., are also running their law that based on the
English law.
Different communist countries as Cuba is having very strict legislation issues that citizens
cannot say against the govt. in front of the society. Then they can face the trouble form the
govt. law and enforce team
Many Islamic countries are running the Sariah Law. On these countries women are having
very small margin of power to expose them. Recently, women get chance to give vote in
Saudi Arabia. So, different religious legislation issues also reforming according to the needs
and demand of the society
Legislation issues of the labour union also changed a lot in recent years. They are now giving
more focus to implement the labour rights. Also, labour rights changes in a decades as fixed
working works, flexibility of working style, safety issues of working process and workplace,
fair wages policy, stop the racism issues in the organization etc. comes to the front as an
important issues that the labour union makes change soft her strategy to deal with these
situation

References:
 ANDREWS, N. (2011) Contract Law. Cambridge: Cambridge University Press.
 DIGNAM, A. and LOWRY, J. (2012) Company Law. Oxford: Oxford University
Press.
 FRENCH, D., MAYSON, S. and RYAN, C. (2012) Company Law. Oxford: Oxford
University Press.
 HONEYBALL, S. (2012) Employment Law. Oxford: Oxford University Press.
 PARTINGTON, M. (2013) Introduction to the English Legal System. Oxford: Oxford
University Press
 Rose, J (2018). 5 ways terminate contract. Chron
 Angelien, K (2015). The impact of regulations. Mckinsey & Company
 Rose, J (2018). 5 ways terminate contract. Chron

You might also like