Unit 7: Business Law Assignment Solution (GC0146)
Table of Contents
Introduction.
Task1.
P1. Explain the different sources of law and laws that organizations must comply with.
P2 Explain the role of government in law-making and how statutory and common law is applied in the justice courts.
Task 2.
P3 Using specific examples illustrate how a company, employment, and contract law has a potential impact on businesses.
Task 3.
P4 Suggest appropriate legal solutions for the problems.
P5 Provide justifications for the use of appropriate legal solutions.
P5 Provide justifications for the use of appropriate legal solutions.
Task4.
P6 Recommend legal solutions based upon a different country’s legal system and/or a different legal framework
Conclusion.
References.
Introduction
The business law assignment report is to help an important foreign client identify the basics of English law. Therefore this report deals with two major things or elements of English law. According to the major divisions of the report, the first part explains different sources of English law and some particular laws which are important for any organization irrespective of its type. The second part also explains the basic nature of the English legal system via defining the role of government in law-making and some common laws applicable in the justice court.
The governmental role explanation in law-making also evaluates parliament superiority and bill formation, passage as well as royal assent. Moreover, the common law and its court application part include legal structure based on case law as well as the doctrine of precedent. Finally, the statutory law and its applications include statutory processes and applicable legislations.
Task1
P1. Explain the different sources of law and laws that organizations must comply with
According to the basic concept of law, the major function is to maintain the basic structure of society with some enlisted behaviors. The enlisted behaviors or the rules violation may cause the violator (single /group of people) penalty, punishment or warnings according to the level of violation (Huxley-Binns and Martin, 2014). Moreover, the level of legal rules violation is measured and identified by the court of law or justice. The English law system deals with three major types and they are as follows:
- Legislation
- Common-law
- EU law
Now English law is applicable only in the jurisdiction of England and Wales. But this English-Wales common law system is different from those foreign countries’ law under European Union and this European law system is based on civil/roman law structure (House et al, 2014). The legislation structure of England and Wales are further divided into primary and secondary legislation.
- Primary legislation: These types of delegated legislation are created by the deliberate assembly of the country. They are of similar types as legislation in Scotland’s parliament or Ireland’s assembly (Raz, 2013). Moreover, these delegates of parliament have the right to issue secondary legislation. In England and other commonwealths, the primary legislations include the followings:
- Public act: The acts are successfully passed via parliament with a royal confirmation. The acts are of two types; modern and old acts. The acts include transport act 2000, housing act 1963 and other general acts since 1988.
- Local and personal act: Both are included in private acts. Local acts include organizational benefits, corporation limits while personal acts include divorce, grants of citizenship, title or name changes, etc.
- Church assembly and Church of UK measures: According to the 1919 power act (UK) Church of England has the same power as a parliament. Beneficiary acts, clergy measure acts are included here (Habermas, 2015).
- Privy council: Part of royal limits these decisions are changed by the act of parliament occasionally and include civil services, prime minister’s appointments, overseas limitations while following civil contingency act, statutory instrument act and government of Wales act 2006, etc.
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- Secondary legislation: This type of subordinate legislation is made by a representative of primary legislative authority. Include territorial acts like 1973 Ireland act, national assembly of Wales act and other orders, Warranty and regulation acts.
Common laws are also famous as case laws. The judgment in these laws includes judicial precedence and the term identifies the similarity in cases to making a decision. The case laws include criminal laws, contract laws, tort laws, agency terms, and conditions. The common laws may look similar to civil laws but their main differences are their individual sources (Bubb, 2014). The common laws have their origin in the writs of medieval England (power of kings) while the civil laws have a European background and they are in the continuous updating process.
EU laws are famous for their synonym civil laws.
The roman laws are saturated with the European framework and they come from countries with civil codes (framework considers judge made decisions as law). But some of the common laws have gone under civil codes in 19th and 20thcenturies. In the case of the UK, some of them are partnership act 1890, sales of goods act 1893, laws of property act 1925, etc…………………