ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Uni7: Business Law

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Contents
I. Introduction3
II. Different sources of law3
1. Definition of law3
2. The purpose of law4
3. Main source of law in UK4
III. Explain the role of government in law making and how statutory and common law is applied in the justice
courts.6
1. Role of Government6
2. Role of Parliament7
3. Legal suit7
IV. Conclusion8
V. References8
 I. Introduction

The purpose of this report is to clarify the source of the law, to outline the function of the law for an
individual or a community. In addition, the report also clarifies various laws and their provisions, as well
as their practical application. The role of government and parliament is also clarified and shows the
development of law in the UK

.
II Different sources of law

1. Definition of law

English law may be defined as a body of rules, created by the state, binding within its jurisdiction and
enforced with the authority of the state through the use of sanctions. Here is an analysis of this
definition. (Alix Adams, 2010, p6)

2. The purpose of law

In any community or society no matter how small, it is necessary to have rules and laws in order to
develop and create common safety for a community. The law will also determine the strength of a
country depending on the complex legal system of that country.

• to provide a governmental structure and legislative procedures: constitutional law

• to provide public services and to raise taxes to pay for them: administrative and revenue law

• to regulate and promote the economy: administrative, civil and criminal law are all involved

• to promote public order and preserve national security: criminal law

 • to give individual members personal rights and duties in relation to others and to enable
personal enforcement of these rights: the civil law. Civil law duties may arise through agreement
between the parties (the law of contract), or be imposed directly (the law of tort)

• to give legal validity to approved relationships and transactions between members of the
society: this involves the law of contract, the law of property and succession, company and
partnership law, and family law

3. Main source of law in UK

Laws are created by law enforcement agencies. The most important phaanf in law is the act of the
bicameral. The main body of law is the Parliament of the United Kingdom, headquartered in London. It is
the only body that has the power to pass legislation applicable in 4 countries.

As in French law, the sources of English law are diverse. But the power of these sources is quite different
from the power they can have in civil law countries. In the United Kingdom, common law and statute law
are the main principles of the English legal system:

• Common law: Is defined as law that has been developed on the basis of preceding rulings by
judges. Judges interpret existing law and establish new boundaries and distinctions in common
law, also known as case law. There are two types of common law: one where judgments become
new laws where there are no statutes, and the other where judges interpret existing law and
establish new boundaries and distinctions. Aside from common law and statutory law, regulatory
laws are enacted by various government bodies with the authority to do so after legislation are
enacted by the legislature.

• Statutory laws: Are written laws passed by legislature and government of a country and those
which have been accepted by the society. Various government agencies in a nation can pass
statutory legislation. As a result, there are laws passed by the federal and state governments, as
well as ordinances made by towns and cities, all of which have legal force. New laws are enacted
to suit the needs of citizens, to address unresolved concerns, and to formalise existing laws.

Vietnam uses civil law, originating from the French colonial period. Although there are many similarities
with UK law, UK law is more effective in comparison. Let's compare the legal systems of Vietnam and the
UK to prove the effectiveness of both countries
Parameters Of Civil law Common law
Comparison

Structure Civil law is a series of laws that are Common law is a body of laws that is
established to bring justice to those who not codified and is based on practices.
are in need.

System Civil law is an inquisitorial system, which The common law is an adversarial
means that pre-trial hearings are in the system, which means that the
hands of the judge. judge does not intervene.

Judicial The rule of law does not bound judicial The judicial precedent is bound by
precedent precedent. common law.

Number of Civil law is employed in about 150 Common law is used in 80 countries.
countries nations throughout the world because Because the number isn't stated
it is so practical and useful. anywhere, it's extremely low.

Main source Subsidiary legislation and other statutes Case law and court precedents are the
are the fundamental sources of civil law. fundamental sources of common law.

III. Explain the role of government in law making and how statutory and common law is
applied in the justice courts.
 1. Role of Government

The government is responsible for directing politics as well as fulfilling executive and administrative
tasks. Furthermore, through budget laws and associated actions, the government establishes essential
economic policy parameters Law.

The government can enact laws, start legislation, and exercise legal rights in two situations:

• When Parliament requests that the Government do anything

• In the event of an emergency

They have the authority to issue rules to:

• Completing the law's provisions

• Establishment of state administrative agencies

• Government concerns that are not balanced by the constitution must be governed by legislation.

The highest-ranking officials in the central government and public agencies can be appointed by the
government.

A primary legislation is one that the National Assembly has enacted. Secondary laws can amend an Act in
modest ways. The Act must indicate what adjustments secondary law can make to it and what
procedures secondary law will follow. Secondary Regulations can also add new rules or details to an Act.

2. Role of Parliament
The House of Commons, the House of Lords, and the Monarchy are the three main components of
Parliament. The two Houses are where Parliament's major business is conducted. In most cases,
judgments made in one House must be confirmed by the other.

One of Parliament's key responsibilities is to examine the government's work by questioning ministers
and discussing the work of committees.

Parliament's primary function is to make laws. New laws will be introduced, as well as revisions to
current ones.

The executive branch initiates and drafts draft legislation, which are then presented to the National
Assembly. Some legislatures enable committees to prepare and present legislation. When a certain
amount of signatures are acquired or a referendum is approved, a limited number of parliaments enable
individuals to present laws. When a bill is considered, passed by each House of Commons, and given
Royal Assent, it becomes law and is known as an act.

A bill can be introduced by any member of Parliament. Some bills express the government's agreed-upon
policy, and they are brought into Parliament by ministers.

• First legislation: An Act approved by Parliament is considered primary legislation.

• Direct legislation: Can be used to make minor adjustments to an Act. The Act must specify what
modifications can be made to it through secondary legislation and the procedure for doing so.
Secondary legislation can also be used to add new regulations or features to an Act.

3. Legal suit

A and Others v National Blood Authority (2001)

FACTS/Background of the case: The claimants contracted Hepatitis C after being given transfusions of
contaminated blood products supplied by the defendant.

LEGAL ISSUE: In this case, the manufacturer failed to take responsibility for its product, an obligation
owed by the manufacturer to the end consumer of the goods, which due to lack of proper care resulted
in damages. For liability, the publisher will have to pay for both personal injury and potential economic
loss because these damages cannot be recovered.

DECISIONS of the court: According to the Act, the product was faulty. The plaintiffs were not required to
establish blame or carelessness, only that the goods did not meet the public's reasonable standards of
safety for any foreseeable application. A reasonable person would anticipate that blood used for
transfusions would be free of infection.

Both the Act and the Directive obliged the court to consider "all the facts concomitant to the case."
based on a reasonable person's safety expectations' These did not contain questions about whether or
whether the defendant could have avoided the hazard, nor whether doing so would have been
impossible or expensive or challenging

To avoid destroying the goal of modern defence, it should be carefully understood. The Instruction It
solely protects the defendant against unknown risks in the context of the most advanced available
knowledge which should have been accessible to them.

=> This case belongs to the Statutory law source. Specifically, it violated the Consumer Protection Act
1987 (CPA 1987) by providing unsecured products to consumers, causing physical and mental harm to
product users.

IV. Conclusion

Thereby, we can see the basic nature of the UK legal system, as well as clearly see the difference
between the legal system of the UK and Vietnam. The report also pointed out that the legal system is
something that cannot be changed quickly, but it takes many processes as well as many levels to change
or add a law. The legal system is also a certain thing that must exist to be able to manage an entire
society, as well as to protect everyone's rights.

V. References
Differ.com, 2021. “Statute Law vs. Common Law” Available at:
https://www.diffen.com/difference/Common_Law_vs_Statutory_Law

Researchgate.com, 2021. “The process of law making by the legislature in a democratic setting” Available
at:https://www.researchgate.net/publication/319630143_THE_PROCESS_OF_LAW_MAKING_BY_THE_LE
GIS LATURE_IN_A_DEMOCRATIC_SETTING

Courses.lumenlearning.com. 2022. Course Hero. [online] Available at:

<https://courses.lumenlearning.com/wmopen-introbusiness/chapter/meaning-and-purposes-of-
thelaw/>

2022. [online] Available at: <https://www.parliament.uk/about/how/laws/acts/>

Lawteacher.net. 2022. Stages of Law Making in the UK. [online] Available at:
<https://www.lawteacher.net/free-law-essays/constitutional-law/stages-of-law-making-in-the-
ukconstitutional-law-essay.php>

Parliament.scot. 2022. What is the difference between primary and secondary legislation. [online]
Available at: <https://www.parliament.scot/bills-and-laws/secondary-legislation/what-is-thedifference-
between-primary-and-secondary-legislation>

Vietnameselawblog.com, 2020. “Sources of Law in Vietnam” Available at:

https://www.vietnameselawblog.com/sources-of-law-in-vietnam/

GOV.UK. 2022. Legislative process: taking a bill through Parliament. [online] Available at:
<https://www.gov.uk/guidance/legislative-process-taking-a-bill-throughparliament#:~:text=Once%20a
%20bill%20has%20been,introduced%20into%20Parli