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Tmpouq 03wid A88889 M2 15614682791561471237706
hnd in business management (bbm1)
ESOFT Metro Campus
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Business Law
Table of Contents
INTRODUCTION...........................................................................................................................
MAIN BODY...................................................................................................................................
P1. Explain different sources of law....................................................................................... P2. Explain the role of government in law making and how statutory and common law is applied in justice court............................................................................................................ M1. Evaluate the effectiveness of legal system in terms of recent reforms and development D1. Provide a coherent and critical evaluation of legal system and law with the help of different relevant example...................................................................................................... P3. Illustrate how company, employment and contract law has potential impact on business M2. Difference between legislation, regulation and standards to analyse the impact on organisation............................................................................................................................ P4. Explore different types of business organisation and how they are legally formed........ P5. Mention the ways in which this organisation are managed and funded........................... P6. Recommend the legal solution for solving the range of dispute with the help of legal advices.................................................................................................................................... M4. Compare and contrast different sources of legal advices and support for dispute resolution................................................................................................................................ D3. Evaluate the effectiveness of legal advice and support for dispute resolution................ CONCLUSION.............................................................................................................................. REFERENCES..............................................................................................................................
P2. Explain the role of government in law making and how statutory and common law is applied in justice court The role of UK government is huge whenever they commence law within the premisses of Great Britain. Long process is required to be followed in which various steps are there and approval must be obtained from every single step. The detail description about the process is explained below that how government commences the law. The process of commencing law starts when necessary points are written in bill and it is drafted to House of Parliament. Then different stages have to be cleared and they are: First Reading: Bill is generally read in this stage by authorised member. Second Reading:Points which have been mentioned are being checked in it that whether it should be introduced or not (Saleem, M2012). Committee Stage: Detail examination process is conducted to find that what are the changes that need to be done. Report Stage: This is one of the stage where process of amendment is conducted and even it plays vital role. Third Reading: Voting process is being done in this stage and every members are required to be present while conducting this stage. House of Lords: When approval is obtained by this stage, it is important for House of Lords to check the bill in detail that whether bill should be passed or not and if not what changes are required. Royal Assent: This is ending stage where people approval from Queen is required to make bill as law or Act.
(Source: Primary Legislation, 2018)
How statutory and common law is applied in justice court Statutory law and common law, both has its own importance because it tells that how law is required to be applied in the premisses of court. It is found that Judges need facts, issues and relevant law to declare their decision (Goode, Kronke, McKendrick and Wool, 2012). Here, whenever laws are required to be declared judges takes the help of statutory law and if they don't get any kind of help from statutory law then common law is applied in which judges read the situation and try to find the best possible way to declare appropriate decision.
M1. Evaluate the effectiveness of legal system in terms of recent reforms and development The law of UK has been effective because lots of changes are not being done generally and it helps business organisation to sustain on some policies. The main benefit of legal system of UK is that is provides clear guidelines on which business is required to and even it helps to
Illustration 1: Primary legislation
Employment law: The law which governs employer and employee relation is known as employment law. In every organisation, employment law is mandatory is to be followed. Some of the impact of employment law on business organisation are listed below: ◦ It prohibits the discrimination among the employee's. ◦ Doesn't allow to raise dispute within the premisses of organisation (Coulson, N., 2017). Contract law: This is the law which tells how any of the organisation is required work as it makes any of the work as legal binding. The contract are basically formed whenever there is offer and acceptance. Some of the impacts of contract law are listed below: ◦ Allows to complete any of the work on specific time period. ◦ Tells the area which need to be covered in any of the particular task.
M2. Difference between legislation, regulation and standards to analyse the impact on organisation Legislation, Standards and Regulation are three different terms but all three are related to the law because each and every term are needed to be considered in business organisation. Legislation is related with legislative part whose major work is commence law and it is necessary for any of the organisation because organisation need to check the list of laws which are commenced for them and it might impact positively sometimes and even negative effect can also be seen. Regulation is the almost similar to legislation because statute law need to commence law and regulation says about that laws that what can be the benefit of following it and what demerits can be found if any of the mistake is done by the organisation. It do impact positively on business organisation because it says that how law need to be applied within the organisation (Bently and Sherman, 2014). Standards says that how law need to be followed because it says that whenever any of the organisation manufacture any of the products it says that what should be standard quality of any of the product. It do impact positively on organisation because it doesn't allow them to do fraud with customer due to which there reputation do maintain in the market.
P4. Explore different types of business organisation and how they are legally formed Company can be formed in different manners but the main thing that need to be focused more is that what is the main motive of investor while incorporating the organisation. Different types of business organisation are explained below: Sole Proprietorship: This types of business organisation are small in size and number of member is one. The only member have to take each and every decision of own which makes work easy for them because there is no interference of any other person. As, this form of business is required to be performed at small platform so that is such required while incorporating the business. Only registration is required to be done that who will operate the business activity in future. Partnership: It can be performed when two or more then two person come together with common objective to earn profit is known as partnership. It is necessary that limited should not be exceed for the number of partners else it need to be converted into corporation. While incorporating partnership firm, list of total number of parnter and motive of the firm need to be mentioned and it must be submitted to the Companies House after doing registration under partnership act. Corporation: Whenever business is required to be performed at greater platform it is necessary that proper corporation should be incorporated. It is said that corporation plays crucial in any of the nation and higher amount of tax is being collected by this sector. The legal process to incorporate corporation is: Name should be decided and that name should not match with any other firm. To manage all the activities before incorporation, first director and shareholder are required. Memorandum of Association and Article of Association is must. SIC code is compulsory to find that organisation is involved in which sector. This is the basis process which is needed to be followed and all documents need to be handed in Companies House.
P5. Mention the ways in which this organisation are managed and funded.
Organisation Who manages it Source of Funding Sole Proprietorship There is no requirement of team so it can be easily managed by owner
The main source of funding in this types of organisation is
due to which Alex is being suffered. Alex have got new contract with HSBC Bank in which he have to deliver lunch, breakfast and even afternoon tea. In this case single mistake can create lots of problem for him. This is one of the reason that Alex don't want to take legal action against Ali and due to which it is necessary for him to take the help of alternate way to solve it. The given case is not of criminal nature and because of that it can be solved by number of alternate ways because proceeding of court are length and expensive. Even both Alex and Ali is busy in there own work so it will be important to take the help of Alternative Dispute Resolution method. Alternative Dispute Resolution is one of the process of law which tells that that how civil nature of crime can be resolved. It is one of the popular way which helps to solve dispute in quick succession by taking less period of time (Baamir, 2016). Alternative Dispute Resolution has got legal right in the premisses of UK to resolve the dispute because there are thousands of case which are pending in the court. So, this the reason that ADR has got legal rights to handle civil nature of cases in short period of time. Several methods are there to resolve the issues in it and they are described below. Conciliation is the method under ADR process which helps to resolve the issues without going to court premisses. The main role in conciliation process is played by appointed conciliator who needs to understand the current situation of case. Here, conciliator tries to find the way in which both parties can be satisfied and conclusion of the case can be taken out. In sort, the main thing which is being focused is that how terms of contract can be meet where both party can agree. Mediation is also among one of the way through which disputes are resolved. Mediator takes the responsibilities to handle the situation of respective case (Lee, 2012). In this, main motive of mediator is to give advices to disputed party so that they can clear the matter without going to the court. Arbitration is also one of the ways to solve out the dispute. Appointed arbitrators are the one who takes the responsibilities to solve the case by understanding the situation of case. If parties try to take the help of arbitration process then they need to make sure that decision by arbitrators are final and must be obtained (Keirsbilck, 2011).
M4. Compare and contrast different sources of legal advices and support for dispute resolution. In the above given case, it can be said that Alex and Ali both can take the help of ADR process to resolve there dispute by Conciliation process. Here, both party will put there points what is the main reason behind dispute (Hobér, 2011). It will help to save there time and money. This is the case which tells that dispute is not of that complex nature where they need the help of arbitration method. In this, they will have the option to solve there case after completing there office hour which will help to save there time.
D3. Evaluate the effectiveness of legal advice and support for dispute resolution. Alternative Dispute Resolution will be helpful any of the organisation to resolve there dispute and even it is very effective because the duration which is taken in this method is very less in comparison to court proceeding. Here, clients are allowed to set there time which will no interrupt there personal work also (Jess, 2011). Here, some of the changes are also required because it has been found that except arbitration all of them of the method just give advice which shows that it is not necessary to be followed.
CONCLUSION
It is understandable from present report that business law helps as a guider to business firm through which chances of earn profit automatically increases. There are positive and negative impact of it so every single decision need to be taken by evaluating its pros and cons. Business organisation are totally dependent upon the sources of law because they need to be flexible as per their decision. Company law, employment law and contract law plays important part in organisation and it is necessary that there guidelines are followed else penalties are also imposed.
Tmpouq 03wid A88889 M2 15614682791561471237706
Course: hnd in business management (bbm1)
University: ESOFT Metro Campus
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