Business law refers to the rules and regulations which regulate the working of the companies and punishes the wrongdoer when any wrong is committed. These provide the set of rights to the employees and employers associated with the business. This project is based on gaining knowledge of business law.
- Nature of the legal system
- The laws have a potential impact on business.
- Different legal solutions to the problems of business.
- Appropriate legal solutions are based on alternative advice.
Business Law consists important role in every business with the implementation of rules and regulations. Therefore, it is essential for all managers, owners, professionals, etc. It assists to make better decisions which could be applied into the organisation. In UK, there are different legislation includes that ensure the business get success with using systematic work. In order to focus on operations and functions, every enterprise get proper functioning (Berger‐Walliser, Barton and Haapio, 2017). Present report is based on certain cases that create positive impact on programmes and activities. First section defines case of Queen's Speech at state of parliament in October or November. Furthermore, there is another case of JPM which is a small company started by 3 friends.
For gaining insight information of the present report, it covers different sources of laws. Furthermore, it includes role of government to make law within the statutory and common law. Moreover, it signifies legal advice based on case law or statutes in the process for liquidation. At last, it discusses alternative legal solution that is based on legal framework (Janis, Hovenkamp and Carrier, 2016). Comparison and contrast information are also included to create effectiveness of these solutions.
a) Discussing the meaning of this statement and various sources of UK laws
Business law consist commercial transactions which consider branch of civil law and deals with private and public sector issues. State of parliament is an event that formally conducts session in UK. It includes speech throne that is known as Queen's Speech. In maiden, state opening and elaborate ceremony with showcasing British history, culture, etc. Furthermore, parliament sovereignty is principle of UK which concentrate to consider legal authority in the business. Courts are unable to control legislation and parliament never passes laws that future level cannot change. Over the years, parliament have passed laws with limited application of sovereignty (Parliamentary sovereignty, 2018). These laws create impact on development of political environment within and outside UK. It considers several acts such as Human Right Act 1998, UK's entry to the European Union in 1973, etc. In this context, following are different sources of laws in UK included in legal sources:
- Civil laws: Civil laws considers rules and regulations which comprises in different cases. It is related with well-being of particular person and society as well. In this kind of law, generally solutions are made for cases like divorce, property, forgery, etc. Mainly, it includes kinds of cases that needs to maintain quality standards to develop better results. In addition to this, it helps in maintaining systematic work performances. Along with this, case will be solved to focus on effective results and outcomes. In other words, civil laws also refers as legal system administered by courts which developed in England and Wales. With the help of this law, every individual protected in the business to provide several facilities in systematic manner. It assists to acquire rights and duties of particular individual in terms of legislation and common law. For instance, an individual or enterprise agrees to provide goods and services at certain prices. Claims are also brought under consumer protection law (Berger‐Walliser, Barton and Haapio, 2017).
- Criminal laws: Criminal laws ensures systematic consideration in UK for development of business. For instance, it is clearly unacceptable to steal from another individual and partner. Majority of criminal laws is codified in Acts of parliament which includes Theft act, offences against person act, etc. Breach of criminal law seen as wrong against society as whole, when it not properly reguulated. When any individual breaches law, it is considered as an offence against criminal prosecution by the state. However, if they are convicted, adequate penalty will be charged (Janis, Hovenkamp and Carrier, 2016).
- Public law: Public law is considered as branch of civil law under which the state is required to protect rights of an individual from other people or business. For instance, state can impose an anti-social behavioural order. Various laws are imposed on domestic abuse offenders and orders made with local authority. However, breach of public law order may result in criminal prosecution (Berger‐Walliser, Barton and Haapio, 2017).
Sometimes, criminal and civil law arises in relation of incident. For example, road users due to heavy duty, driving carelessly, causes of accident, etc. In this consideration, civil claim can be bought for damages, negligence, etc. Furthermore, in employment law context all staff members have right to work together within safe environment. Hence, employers have duty to consider protection and safety.
b) Role of government in law making process and how statutory and common law
In order to make law in UK, government play major role in it. It helps to maintain contract with using several rules and regulation that facilitate to develop effective results. Due to inappropriate records of constitution, parliament and government look for legal development procedures. This law implemented in house of parliament which consider discussion among several numbers of people. When all people agreed, act draft and sent into legislation to review about activities. Legislation passes law for the government so that they are also looked towards creative perspectives. Parliament perform their functions in all over the worldwide so that it helps to perform three core functions which represented for citizen interest (Berger‐Walliser, Barton and Haapio, 2017).
Along with this, they perform a legislative functions because own way consist power to amend, approve or reject. This kind of functions strongly linked with representation of functions among the people which receive by authority in democratic countries. Exact means in the parliament consider with engaged to make law that varies and depends on type of parliament system. Presidential systems, individual MPs consider greater opportunities to produce draft before making any law. In addition to this, it is essential to amended and passed that developed with the system and methods. Presidential system consider draft introduce immediately that referred to the committee. Draft laws also more than one committee jurisdiction that denotes in multiple committees. With the help of education draft law and financial implications, political system consider large volume for legislation. Most of the legislation never gets beyond committees (Berger‐Walliser, Barton and Haapio, 2017).
With the help of these laws, government undertake several benefits which help to take proper measurement to maintain rights and duties in UK. They also consider roles to make legislative council which create integrity within the nation. Statutory laws acts against murder and harassment which strictly followed with using different legislation and maintain overall well-being in the society. For individual, it helps to take proper decisions so that government play important role with certain activities. For jurisdiction, it is important to consist regular process (Janis, Hovenkamp and Carrier, 2016). Traffic rules also need to consider with uniformity that implied and helps to maintain better facilities. It helps to make efficient functioning with goals and objectives. Along with this, UK government regulate legal process to work in systematic aspect and increase creativity as well.
Statutory law is the important term that define written rules and laws that enacted with legislative body. It could be vary from regulatory and administrative elements that are passed with executive agencies (Berger‐Walliser, Barton and Haapio, 2017). Common law also created by prior to court decisions. If executive sign and bill passed into the law, it is known as statute. Main difference between common law and statutory law is the way in which law has been made. As stated, common law comes from precedent while statutory consist by government. Therefore, judge incorporate in both term.
Advice to JPM with their relevant on their responsibility and implications and impact
Director of JPM needs, to employ within the organisation so that it acts as advisory person on matter of obligation, managing personal information, compliance, etc. It need to be evaluate data types which held at different stores information. Directors need to execute planning to protect and effectively proceed further with legal charges in the chosen business. Furthermore, director also need to assess purpose in which personal data used and awareness creates towards clients and customers. With the help of changes, implementation of GDPR responsibilities of the director is to provide information on demand basis.
They must consider legal basis information that process personal data and evaluate it to check whether company comply with requirement of General Data Protection. Director of the chosen business use guidelines which prepare in GDPR. They need to implement to train existing staff members with important information.
In order to perform functions and operations in JPM company, it can be stated that directors consider potential implications which create major impact on business. Every business consider important role to make successful results. In this regard, present case consider advice given by accountant to make business publicly. In this context, employment and contract law consist for labour law which includes rights and responsibilities among parties to bargain. Contract must be undertaken between employer and employee. This law contain in 1963 which develop in parliament of the UK. It is widely developed forts of employment protection as it introduced requirements and needs of employers to provide reasonable notice before dismissals from work. It also entitles with rights for ones average payment in particular period. In the chosen business, employment and contract starts with employee commences working for employer. It can be in the form of verbal agreement and not require in written form. Law on the contact of employment can consider rules which implied with right for employer. It provides safe and health working environment. Law also consider certain automatic rules which paid on holidays (Berger‐Walliser, Barton and Haapio, 2017). Apart from this, JPM company make as publicly so that no discrimination must be placed at workplace.
Along with this, every employee must entitled in written statement of the main employment terms in every two months of starting to work. Contract of employment made with job offer which is not considered in written form. When they started in working, it implies and accepted within the job that offered by employer (Berger‐Walliser, Barton and Haapio, 2017). Terms of services carefully to sure that such employment contract breach which is defensible and tray in other consideration. Apart from this, other options included with possible mediation and bodies. If employees are not solved dispute, legal action in JPM must be taken against other party. However, when employer breach contract, it is advisable that matter must be solve in informal way that especially suffered with some financial lose. Employer also entitled to make claim in initially time so that tribunal in response must be provide that incurred for maintain proper compensation for damages of financial loss. For example, if employee not provide enough notice so that employer can claim for extra costs which incurred in employing staff to take work of such employees for lost revenue (Berger‐Walliser, Barton and Haapio, 2017).
In addition to this, the chosen business need to follow health and safety regulations for their employees to regulate successful outcomes. Proper facilities must be implement to take care of them in business environment. Assessment of risk must be consider as health and safety of its workforce. For example, adequate lighting, heating, ventilation and workspace. Proper clean conditions must be applied in JPM. Along with this, staff facilities including toilets, washing facilities and refreshment. In order to implement equal opportunities regulation, the chosen business must consider equal pay act which protect men and women who perform substantially equal work without any discrimination. Equal work means not comparison included in term of skills, efforts and responsibilities (Freudenberg and Boccabella, 2014). Furthermore, this act prepare to reduce discrimination in employment on the basis of provision of training and education on the basis of age, disability, race, religion, sex, etc.
a) Legal advice based on case law
In respect to look for present case of Champion Ltd. it is important to move for North London site to make way for development of new stadium by premier league club. Due to financial problem, customers of the company decline due to bad image. They continuously taking loan from banks so that petition of their also reduced (Tepe, 2016).
i) Whether creditors has legal powers to do threatening and process for liquidation
As per the above case, it can be stated that Champion Ltd. Paid and move for its site. They are fully experienced for financial issue which faced for development of new stadium by premier league club. After moving to new business, financial issues declined so that results develop successful results with low revenue generation and reducing profits. The chosen business default with numerous occasion to pay their payment for bank for loans. Relocation is important decision at this time (Janis, Hovenkamp and Carrier, 2016). Therefore, list of money lenders included for several creditors. Nowadays, the company has the worst condition as creditors which threatening company for winding up. In the present case, it has been seen that directors responsibilities must be manage sensitively. Winding up petition is legal action which taken by creditor for Champion Ltd. Against the company, they can take process of liquidation because of high power possess by them (Arbaugh, Cox and Camp, 2018). Creditor also have issue of petition in court so that it will hear on particular date and endorsed to serve it in registered office of the enterprise. It will advertise in the gazette after a period. With respect to make legal regulations, it can be stated that creditors can seek to appoint an insolvency practitioner as liquidator. It is very expensive option for creditors and considered and last resort so only it used with all people approaches to retrieve debt that failed. Courts never look on debt recovery process rather than they are unable to pay its debts. Hence, it considers situation of wound up and liquidation. In a collective process, it can be used to collect in the business for assets and deal among creditors (Palmer, 2015). It helps to secure creditors and costs so that proper functioning will develop with company ban accounts.
Along with this, there are several parties included in it that assist to make proper support to take legal action in present case. Therefore, public knowledge, suppliers, lenders also want to cease supply so that exacerbating with the company problems must be solved. Petition also publicised before insolvency rules follow. In the process, issue must be served firstly and advertise within seven working days. Later, in the Gazette it must be undertaken at court where it is either dismissed or approved (Perry-Kessaris, 2016). Once advertisement has been made, other creditors of Champion Ltd. must support petition. If the company has dispute in term of debt and slow process of the court not make proper order. Company also need to seek with restrain advertisement. Therefore, they should seek with urgent advice from solicitor and licensed for insolvency partitioner. The chosen business also seek into creditors and voluntary liquidation so that they must look at administration. Furthermore, if the business is unable to put on proceedings, petition is advertised publicly. It must be consist in seven days after services (Kraakman and Hansmann, 2017).
In the present case of Champion Ltd. has main reason to petition which is advertised for other creditors to see about business which make insolvent to the company. However, there is no advertisement so that court not grant any order of winding up. Advertisement itself also consider in public document so that detailing information must be included with registered addressed. It is submitting the petition and address date of the future for winding up. It is possible to apply for validation order by the court to unfreeze (Finkelstein and Balotti, 2015). Beside this, court would need to take substantial amount of evidence and information to assess the situation.
Once the order granted, liquidator investigate the company and their directors to ensure about company situation. In results, it can be stated that results of fraudulent trading on director part will be consider to look at transactions over the last two to fiver years. There are certain cases in which compulsory liquidation occurs (Berger‐Walliser, Barton and Haapio, 2017). Due to quite different voluntary liquidation, it involves limited liability partnership that unable to pay debts properly in process. Therefore, it being forced into liquidation by the court. This is usually initiated by creditors that is known as winding up. Creditors get paid either by forcing the directors to act or gain access in assets of the business. This situation occur when Champion Ltd. unable to pay debts so that court concluded equitable wound up. Information must be hand over that usually asked to attend official receiver in interview. Creditors possess legal power to create claim for amount of Champion Ltd. As per this regulation, court consider orders to an insolvent company into the compulsory liquidation. This is very harmful situation for the chosen business in respect to avoid circumstances company. There are several ways of liquidation, in which process of bringing down or closing in the particular business with proper distribution of assets to creditor (Allen, 2017).
It occurs when company becomes insolvent and get defaulted with numerous occasion while paying their debts. There are following ways to liquidate business:
- Members voluntary liquidation: This procedure applied in the situation in which directors and shareholders of the solvent in which business decide to close their company. As results, business is able to repay towards existing creditors and shareholder. It is just opposite method as Creditors Voluntary Liquidation as here members of the enterprise. With the help of mutual agreements, running business close down to focus on and maintain effective work performance (Scholes, 2015).
- Creditors voluntary liquidation: It is the winding up process in which insolvent enterprise has more liabilities. Furthermore, there are assets is also reduced continuously so that it is important to focus on agreed. Liquidator is appointed with chairperson and process has been carried successfully (Trevino and Nelson, 2016).
- Compulsory liquidation: In this consideration, company wide up with selling of assets and repay to creditors. Claim must be consider with issue and request of petitioner. Common basis for compulsory liquidation is taken when business is unable to repay their debts on time. When court feels that issue solved with compulsory liquidation, it can be stated that debt must be repaid on time and when court feels it is equitable to wind up company (Posner, 2014).
ii) Amber Ltd. On the possibility of getting injunction
In order to focus on the Amber Ltd. Case, it can be stated that there are several aspects in which injunction could get. Mr Anderson was appointed as CEO in Amber Ltd. which consider confidential information. Mr. Anderson was employees and entered into contract that specify certain employment restrictions among them to serve 12 months of notice period to terminate him (Vargas, Dasari and Vargas, 2015). This is because, he has taken up contract with Beta company after transitional arrangements with Amber Ltd. He entered into contract that specify into the restrictions. He suggested that it should be completed within May 31st 2016. Termination of contract define as to ending up agreements or contract that prior and fully performed by one party. There are several ways exist of contract termination such as impossibility of performing contractual obligations, prior agreements, breach of contract, etc. Mr. Anderson breach the contract which helps to fulfil the needs of agreements (Bird, 2016).
It defines to an equitable remedy that consider in the form of court to compels a party which refrain with specific act. Party which fails from the complying to the injunction which includes penalties such as civil and criminal. In this case, interlocutory related with Mr Anderson which refrain by court orders. It helps to prevent to do certain acts. It considers final determination of previous case so that they are unable to make any contract with Beta Ltd. This is because 12 months of notice period has not been submitted (Loafman and Altman, 2014).
b) Recommend alternative legal solution to suggest in a based on legal framework and Compare and contrast effectiveness of these solutions
The concept of ADR mechanism is able to provide substitute conventional sources for resolving the disputes in more competent manner. This solution is the best practice to resolve various types of matters like Civil, commercial, Industrial and family, etc. Alternative Dispute Resolution uses third party who act as neutral and helps the party to communicate, discuss the differences and resolve the disputes. There are various forms of Alternative Dispute Resolution that can be implement to resolve the matter more accurately and effectively (Chappe, 2014).
In the above case, Amber Ltd can used them in place of Injunction as the process of Injunction is harmful for both the parties. Further, it will help Amber Ltd to limit the cost of litigation and Alternative Dispute Resolution procedures are collaborative and allow both the parties to understand each other situation. It will help Mr Anderson and Amber Ltd to come up with more creative solution that a court may not legally allowed to imposed. It helps Mr Anderson to express it situation without any fear of court and it can reveal true and confidential facts that can not be disclosed in courts. There are various types of Alternative Dispute Resolution that can be applied by Amber Ltd and Mr Anderson to resolve their disputes these are:
- Negotiation: It refers to self counselling between the parties to resolve the disputes between two parties. This process has no rules and follows predictable pattern and it is the simplest mean of resolving disputes. Mr Anderson can use this method as there is ample opportunity of presenting of case in this form of model. Further, this mode of redress-al of dispute is economical and the simplest form. It will benefit both the party as it is less time consuming and can easily resolve the situation.
- Arbitration: In this technique of redress al parties refer their dispute to third party known as arbitrator. It is less formal than a trial and decision made by them are called” Award”. The motive of using arbitration is to obtain fair settlement of dispute outside the court without necessary delay and expense. Amber Ltd can adopt this strategy to resolve their matter with Mr Anderson as it is more reliable and accurate in compare to other forms of Arbitration.
- Mediation: In this process of Alternative Dispute Resolution an impartial individual or party is involved and act as mediator for resolving the disputes between them. The motive of Mediator is to help parties to communicate effectively by eliminating personal grudges or issues. Amber Ltd can use mediation as it is more reliable method than Arbitration as it involves no arbitrator. Further, it helps in reaching solutions more fast as compare to other forms of ADR. More over it depends upon Mr Anderson and Amber Ltd to follow the decision or not and if they are not satisfied they can opt other solutions (Wang, 2014.).
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In the present report, it can be stated that business law is most important element that assists to develop effective results. It governing and monitoring activities of the enterprise to make effective decisions in it. With the help of key regulation and norms, different cases has been solved of present report that assists to meet with innovative results. Contracts are also important consideration that make furthermore, it summarised about different parties consideration those included offer, acceptance, mutual agreements, etc. It is also articulated about case of Amber Ltd. And Champion Ltd. to denotes proper solution and advise in systematic manner. Hence, winding up process has been undertaken which enforceable with different aspects. They can also apply injunction to focus on resolving issues.
Along with this, roles and responsibilities of directors has been followed to focus on proper contract undertaking activities. In order to fulfil obligations of contract, it can be stated that systematic work develop in systematic manner. However, termination or breach contract arises when parties not fulfil their obligations. In the present report Amber Ltd. Apply for Injunction.
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Books and Journals
Allen, W.T., 2017. Our schizophrenic conception of the business corporation. In Corporate Governance (pp. 79-99). Gower.
Arbaugh, J.B., Cox, L.W. and Camp, S.M., 2018. Is entrepreneurial orientation a global construct? A multi-country study of entrepreneurial orientation, growth strategy, and performance. The Journal of Business Inquiry, 8(1), pp.12-25.
Berger‐Walliser, G., Barton, T.D. and Haapio, H., 2017. From visualization to legal design: A collaborative and creative process. American Business Law Journal, 54(2), pp.347-392.
Bird, R.C., 2016. Special Report: Legal Scholarship in Business Schools. American Business Law Journal, 53(1), pp.9-31.
Chappe, N., 2014. Alternative Dispute Resolution. Encyclopedia of Law and Economics, pp.1-5.
Finkelstein, A. and Balotti, R.F., 2015. The Delaware Law of Corporations and Business Organizations.
Freudenberg, B. and Boccabella, D., 2014. Changing Use of Business Structures: Have University Business Law Teachers Failed to Reflect this in their Teaching. J. Australasian Tax Tchrs. Ass'n, 9, p.180.
Janis, M.D., Hovenkamp, H. and Carrier, M.A., 2016. IP and antitrust: an analysis of antitrust principles applied to intellectual property law. Wolters Kluwer Law & Business.
Kraakman, R. and Hansmann, H., 2017. The end of history for corporate law. In Corporate Governance (pp. 49-78). Gower.
Loafman, L. and Altman, B.W., 2014. Going online: Building your business law course using the Quality Matters Rubric. Journal of Legal Studies Education, 31(1), pp.21-54.
Palmer, D.E., 2015. Handbook of research on business ethics and corporate responsibilities. IGI Global.
Perry-Kessaris, A., 2016. Global Business, Local Law: the Indian legal system as a communal resource in foreign investment relations. Routledge.
Posner, R.A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Scholes, M.S., 2015. Taxes and business strategy. Prentice Hall.
Tepe, M., 2016. In Public Servants We Trust?: A behavioural experiment on public service motivation and trust among students of public administration, business sciences and law. Public Management Review, 18(4), pp.508-538.
Trevino, L.K. and Nelson, K.A., 2016. Managing business ethics: Straight talk about how to do it right. John Wiley & Sons.
Vargas, F., Dasari, J. and Vargas, M., 2015. Understanding Crowdfunding: The SEC's New Crowdfunding Rules and The Universe of Public Fundraising. Business Law Today.
Wang, M., 2014. Are alternative dispute resolution methods superior to litigation in resolving disputes in international commerce?. Arbitration International. 16(2). pp.189-212.