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Proper Analysis of the Business Law

University: University of Suffolk London

  • Unit No: 8
  • Level: Undergraduate/College
  • Pages: 17 / Words 4355
  • Paper Type: Assignment
  • Course Code: LST2BSL
  • Downloads: 260
Question :

Assessments will cover questions mentioned below:

  1. Explain the variable nature in legal system
  2. Analyse effective potential impact in law on business.
  3. What is the process for formation of different business organisations?
  4. Advice and suggest any legal solutions to resolve issues dispute in organisation.
Answer :

INTRODUCTION

Business law in the country has been establishes with the rues and regulation to have the maintenance over the stability along with justice in particular community. The law in the country basically provides in the resolution of the conflicts along with having insurance over peaceful and well functioning of the society. In this repost there will be discussion regarding the various sources of law along with role of government in the proper formulation of law in country. The repost will also pay focus on the business organization and ho they legally formed along with proper conflict resolutions. This will help in proper analysis of the business law which will help the company and country in proper development and performing of task.

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TASK 1

An explanation of the legal system in the United Kingdom and the difference between civil law and criminal law:

In England and the Wales there is the common law system which used to prevail along with having the combines' legislation. There is also the credence throe the case law as the laws has been establishes by the assisting of the clearance by the parliament in the house of commons and the house of lords. The system of law has been developed all developed in England is almost the 1066 to the present age. The body h includes all about the legislation. Common law along with other host in other legal forms. There is no national ans the legal federal machinery that had yet been contemplated. The difference between the criminal law and the civil laws turns out to having the difference differentiated objectives.

The difference between the criminal law and the civil law is there as per standard in civil law the claimants have to produce the particular evidence in having the probabilities balance whereas in case of criminal law the person who is not the convict unless the crime proven on him had not being removed. The difference between the purpose is the in criminal law it is necessary to have punishment to the one who had conduced crime whereas in civil law the compensation that is suffered a loss. The next difference between the types of punishment in civil law the criminal law as in criminal law the party which is found guilty will be the subject to imprisonment whereas the claimed in civil law will be fully compensated or the injunction of a court issue. As in the terms filing the case there is existence of private party in civil law whereas in criminal law the government existence is there. In the aspect of the proof in civil law, the claimer is required to give proof as the in case of criminal law the prosecution have the prove the defendant guilty.

1. An overview of the sources of law in United Kingdom

Each country have its own legal system along with its own sources which are had the enaction with the constitutions, the constitution is termed as the basic source of law which is been establishes by the government through which proper rules and regulation should be done. The united kingdom has the consistency of the main four countries that is England, Wales, Scotland and the northern Ireland. There are basically the four main sources in UK law for the legislation that is the common law, European law, union law and the European convention in the human rights. There is no availability of single documents that have the containing of the whole law of the united kingdom. The legislature has the power of having the pass of the laws which have the beloved matters. This also help the courtesy to have the legislature of its own websites. The next is about the common law in which is considered as the legal system of the England and Wales as the law which is common is one. The deception is being taken by the senior appellate courts has turned out by becoming the part of law. There're also the discussion regarding the European union law, as in UK the member states off the European union which makes it clears that EU take the precedence over the law. The another over view is about having the member of states of Europe that the signatory about the European convention on the rights of human. This law help UK to have the protection over the rights. There is also the existence of the senior appellate courts of UK join which there is only the havering of England and the Wales. There is the consistence of the civil division and criminal division. This courts are also being considers as the supreme count. Here the case regarding the four major countries is being discussed that is England, Wale and the northern Ireland.

2. The role of government in law-making and how statutory and common law

The primary law which is being followed by the country is basically being made by the large principles that has been developed by the judges. The system of the precedented, the lower courts are having the necessity to have the proper followed of principles. The another role is being followed by the judiciary and the statuary interpretation. There are many of the cases which is having the dispute over the word statue. There is the judicial resonation that are n there for filling the gaps where the no stares in regarded to be followed. This all has the inclusion over the different aspects . The common law terms as the substantive law and the along with level of procedural rusks that is being crated along with the judges to have the particular decision.

3. The key legislation, regulations, and standards that a new business needs to be aware of.

The regulation and the law are required to run the business.

Every organization needs a controlled and organized management so the certain laws and regulations are applied to the organization to run the business in a successive manner that are Employment law, consumer right law and the competition law.

Employment law:Employment law is the set of laws that regulated the relation between the employees and company. This law states that every employee must be paid to for their work. There are certain issues and the factors which includes-

  • Less pay
  • Leaves
  • Termination of the job and,
  • Pension
  • Time off and working hours
  • Health and safety

These are some issues the employees face in the organization.

Consumer Rights law:If the company wants to sell the product or wants to use the services related to the product then it is required to use the Consumer law. There are some consumer rights which can adversely affect the business that are as follows-

Sale of Goods Act:Every product needs a detail of the particular product and also the product should be of satisfactory quality and also the product is to be fit for purpose.

Business registration:As all the owners who are having the commencement of business so the business man should have the knowledge regarding the variety of tax that is being available such as the goods and service tax.

The company should also be aware regarding the fair-trading laws’ for having the fair operation of business. This have the consistency over the better understanding with a goods and service tax along with a tax file number as the United Kingdom business number. The fair-trading s the major things that are needed to kept in consideration as to meet the various business. They can be about the fair-trade law along with completion of the consumer act and the different code of practise. As to have the successful running of organisation, there should be proper understanding such business regulation, displaying the prices in popular ways along with product labelling and the goods and services.

4. Analysis of the potential implications of law on a business.

Business is been identified as the crucial part of the life in which the laws are introduced as to fulfil the purpose of the organisation. Business is about the legal framework which is being in global trading framework along with series of restructuring of trade which have the inclusion of reduction in tariff as the resinising programme development. Laws in the business help in protection of the business men as well as customers to have the establishment of better relationship between the wo different parties. The laws in the business is necessary as it is term to have the fortunate of business, proper establishment along with proper dissolution of business in the competitive environment. In the generally way it can be said as the rules of the business judgement rule having the proper assumptions along with proper interest and the shareholders to have the development or the current standards of company. This helps in having the equal level of development of accountability in the business which will increase the income and trans Percy in business along with credibility and reliability. There is the judicial resonation that are n there for filling the gaps where the no stares in regarded to be followed. This all has the inclusion over the different aspects. There is existence of senior appellate courts of UK join which is havering development or the current standards of company

5. Critical reflection of the UK legal system using examples to demonstrate strengths and weaknesses

With the use of the theory of doctrine here is the different level of identification regarding the various strength and weakness of the UK legal system. The strength of the legal system is such as the everyone is considered equally with having the foundation of diction but the judge properly. As it has been identified as the same diction will have the equal treatment or thr punishment for the one who have the loss over the case. As in the case of Balfour and Merrit case, in which the decision was made in favour of Merritt case is bound Balfour case. It can be used by lawyers as the term of reference for creating the level of certainty which allows to have the advice over the client in terms of probability of winning and losing a case by having the forecast of the predictable result in case based on the binding result of previous one . The predictable result along with probability of losing the case will allow the client to have settlement with privately with peace. If the probability of winning is higher, it satisfies the client with higher confident. Example for Balfour case and Merritt case, since there is similar case occurred in the past, the lawyer can actually base on the previous case advice Miss Merritt about the percentage of winning the case.

TASK 2

Advantages and disadvantages of the different legal structures

United Kin is offering different structures for company they all have their own advantages and disadvantages as well (Albers, Wohlgezogen and Zajac, 2016). The best approaches if they are instead to forming is to engage with the company that can assist them in determine that best for the collaborate goals. By using any company which which can offer quality advice and formations , they will be fully prepared to make the proper decisions. There are two different legal stature which can be followed by companies.

Private limited company

private limited companies are separate legal entity in a public limited company’s shares are sold to pubic. Most of the finance for company come from public shares. Minimum 50,000 dollars share capital are provided to the public ((Bikas, Stavropoulos and Chryssolouris, 2016)). PlC companies are called Publicly trade companies. In a public limited companies also have their own legal identity. Companies have to attached their in the list of stock exchange. It is necessary for the companies in United kingdom have to in include public limited word with the company name. Welsh companies can chose their name with CCC,In the formation of public Limited company required minimum 2 director and 1 secretory companies. That director can be anyone. They provide provide different different shares in the market like – ordinary shares , preference shares , cumulative preference shears and redeemable.

Advantages

  • members in the private limited company are well known to each other and this is advantage for them there all control in the hand of owners capital.
  • In the management of affairs and a conduct of business has more greater flexibility
  • statuary meeting is not required after submitting the statuary report
  • there are only two directors in private limited company
  • one of the best thing about this companies are limited liability because of this member of company enjoy facilities
  • It also has advantages of a public company and partnership
  • after reviving a certificate of incorporated to company they can start their business.

Disadvantages

  • public limited companies have disadvantages in restricts transfer-ability of of shares by its article
  • this companies have limited member and employees they can not be expand more then 50
  • shares can't be Quoted in the stock exchange

Public limited companies

Public limited companies In a United kingdom are governed by a companies act 2006. this companies have more capability to rise their fund as compare to the private companies (Nardi, 2018). They have to listed their shares on the London stock exchange this can attract a larger amount of the fund from mutual funds , institutional traders and hedge funds.

Advantages

  • becoming a public corporation is an invite from the partial ownership , invitation which can reach 1000's of people which is depending on the brand size
  • personal liberates can be reduced through the public limited company
  • In any company attached with public limited company then it can be beneficial for their brand name. They can increase their value in the market
  • huge amount of investment from the public fund.

Disadvantages

  • share are distributed publicly and shares control the ownership of the company because most of the shares are distributed publicly
  • directors have complete control over the direction of the company
  • increment of legal practices in the public limited companies.

Funding For Business

There are different different funding methods for an organization to in vest in their company. By using this all sorceress companies can invest on their business ((James, 2017). There are 5 methods of funding.

  • Government grants:government provide funds to the companies through the government agencies at least 2 external viewers and research by internally award committee review each applications. They make short list according to the ranking. Project are funded by government and application of projects are informed. They take fund from the government for their business. It is beneficial because they do not have to pay that much interest on the fund they are taking. This is one of the best method and they have to pay very low amount of interest. But it is not easy to take involvement from this method. They have some rules and regulation in this method.
  • Crowdfunding:There are two types of Crowdfunding reward based and equity based crowd funding. Just for staring a business for small firms they can pre-sell a services or products. People buy a share from for in the exchange of money ((Habermas, 2018). They take some profit share of that particular firm. In a reward crowdfunding craters make funding targets. Anyone who is interested in it project must breach to its amount which is targeted. When they have enough funds for their projects then craters of project have to fulfill their promises.
  • Rise from inverters:companies can rise their fund through the inverter they have to show their investment plans to the inverter and if they are interested in the projects then they can invest in their business. There are many people who are interested to invest their money on companies. Organization's have to find those inverters . When year complete then they have to give reward from their profit. This is one of the common method use by company.
  • Self Organized Funding:In the self organized fund owner of the company invest their own fund in the business. They do not take fund from others (Nardi, 2018). They invest brand some investment from their family , fends and people they know.

SECTION 2

A) Heath and shifty

The purpose of this memorandum is to pass some essential workplace safety clause within the organization. The workplace safety is the core aspect for the employer at workplace. The employer should abide all those regulations in proper manner (Bikas, Stavropoulos and Chryssolouris, 2016)). The aim of this present exploratory memorandum is to explore the legal duties ion employer so far as reasonably practicable. Along with the more things memorandum for health and safety also helps to maintained the proper responsibilities and obligations of the study. Also with the help of this note company can also fulfills the legal requirements and indicate steps which the company should be taking in order to fulfill the company goals.

Purpose

  • Preparing contingency plans for employee safety and health. In order to protect the employees it is the obligation for the company to obtained high efficiency and makes the systematic growth. Apart from this I also need to understand and make the things more reliable and effective to be more effectively implementing.
  • Ensure safe use handling of goods and substances.
  • Provide information, infrastructure, training and supervision to workers to ensure they are
  • Employer also responsible to manage things into more effective manner to handle the situations. However, this business context makes the things more effectively challenging.
  • Have insurance and workers compensation insurance for the employees.

B) Equal Employment

Under the covered in employment law no other person is liable to employed by another person. It is against the law and not ethically right under the law. If anyone is considered under this way it makes the negative impact on the overall system and break the whole systematic way and law ineffective. An Arrangement where an employee also it helps to gain knowledge and make the better goals and objectives (Albers, Wohlgezogen and Zajac, 2016). Dual employment contracts have hot the headlines in recent months. Often reserved for internationally mobile senior executives, one high profile financing services institution announced earlier this summer. So according to the law, Charlotte would not able to accept this offer until the point she connected with existing company. In other words, Employees who are resident in the UK are subject to UK income tax on their worldwide income. However, if they are non UK domiciled they are not subject to UK tax on income for wholly non UK duties with a non UK employer unless that incomes is remitted to the UK. If anyone found with this attempt company have rights to take strict action against the culprit. Importantly there is no general exclusion from the new rules for dual employment contracts that are motivated by tax avoidance. Moreover, this system makes the things more systematically good.

Refusal

According to this case It implied the Right of first refusal in a contractual right that gives rights to holder the option to enter a business transaction with the owner of something. Apart from this it has to be very specified terms, before the owner is entitled to enter into the transaction with a third party. In other words, the damages of breach of contract are typically limited to the holder remedies. This rights are contractual rights which gives holders a options to enter in the transaction of the business with an owner of the something. In spacafic term , when before the entry in transaction with any other party. The first Refusal rights they must have to list any three parties option holder , buyer and owner (Nardi, 2018). They all are compulsory to be listed. Owner make the same offer to the option holder before the third party. right of the refuels is same like call option. An ROFR can be covered within a any sort of the asset, it include the real estate business screenplay and many more interested business. rights of the 1st refusal can create a incentive for the tenant to take better care of their lease apartment in case the opportunities to buyers arise in the future. Only if the owner turn it down may the owner then shop it around the other prates. Because an ROFR is an one contract right, holder are topically limited for the recovery on the damage. If the owner sells their assess to any other third party without offering the first opportunity to the holder. Then holder cab sue owner for they damage but many have difficult time obtaining a order of the court order to reverse or stop the selling of assets. The option become a right of the property that can used to invalidate an improper sale. ROFT also arise in the agreement in the divorce case as well . In this type cases they many required a custodial parents and family is unable to exercise their rights. Any time that the custodial presenting time under those circumstances a breach may result in a finding of contempt and any readies doe this. An ROFR is totally differ from the rights holder before negotiating with some other parties an ROFR differs from the right of first this is also know as first negotiation . In that this merely obliges the owner to exclusive good faith negotiation. It is also an option to enter a different transactions in the exact and appropriate transactions terms. This is an agreement for the negotiation. For Example- Abe own a house and Bo offers to but that house for $1 million. However, Carl holds a right of first refusal to purchase the house. Therefore, before Abe can sell the house to Bo, he must first offer it to Carl for the $1 million that Bo is willing to buy it for. If Carl accepts, he buys the house instead of Bo. If they decline then may buy the house at the proposal more then 1 million price

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CONCLUSION

On basis of above report it has been concluded that how much business law can be helpful thing for the organization to be safe and secure. In other words, the whole study has been defined about the purpose and aim of the research in order to concluded the business law. Apart from this, it has been concluded from the research that how sources of law in United state will be more effective for the company that maintained the systematic results. Apart from this, explanation is a key legislation, regulations and standards that a new business needs to be aware of. Apart from this this study concluded about the key legislation and regulations that a new business should need to adopt in performing the new objectives. Analysis of the potential implications which makes the system more energetic and influencing. Potential implications of law on a business. For example study also concluded about the copyright law, contract law and employment law which is effectively more effective and energetic. Study also concluded about the law of refusal which was based on the case study. The purpose of the study is to get the deep understanding on the business law along with the some more concepts or theories.

REFERENCES

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  • Bikas, H., Stavropoulos, P. and Chryssolouris, G., 2016. Additive manufacturing methods and modelling approaches: a critical review.The International Journal of Advanced Manufacturing Technology.83(1-4). pp.389-405.
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  • Skelcher, C. and Smith, S. R., 2015. Theorizing hybridity: Institutional logics, complex organizations, and actor identities: The case of nonprofits.Public administration,93(2), pp.433-448.
  • Turner, J.R., 2017.Contracting for project management. Routledge.
  • Villani, E., Rasmussen, E. and Grimaldi, R., 2017. How intermediary organizations facilitate university–industry technology transfer: A proximity approach.Technological Forecasting and Social Change.114. pp.86-102.
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