ASSIGNMENT BRIEF Hand in deadline Task 1(Formative) Tasks 1 & 2(Summative) SEPTEMBER2018 7thWEEK Assignment title Business Law Purpose of this assignment The aim of this unit is to enhance students’...

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ASSIGNMENT BRIEF
































Hand in deadline



Task 1(Formative)



Tasks 1 & 2(Summative)






SEPTEMBER2018



7thWEEK






Assignment title



Business Law



Purpose of this assignment


The aim of this unit is to enhance students’ understanding of how business law is applied to the running of a company. Students will gain knowledge of business law and examine the impact of the law on business operations and decision-making. Throughout the unit,students will identify legal solutions available to business owners and assess their suitability. Their experiences in this unit will help them better understand the areas of law in which they will want tospecialize. They will be able to illustrate the impact of the law on normal business operations and when registering a company and inviting shareholders to invest in it. They will gain an understanding of the law in relation to market abuse and director responsibilities. Students will be able torecognizethe application of employment law between employers and employees.



Task 1


You area traineein‘Michael JordanSolicitors’,assistingAnna Branson, apartnerin the law firm.The work relates toadvising newstart-upcompanies on thelegal systemand key legislationon a businessthat they are required to know and apply.Anna Bransonwantsyou toprovide a coherent and critical evaluation of the legal system and law, with evidence drawn from a range of different relevant examples to supportyourjudgements. You have been asked to produce aHandbookfor new companies in orderto support yourbusiness advice and guidance.The handbook must cover the followingareas:

1.Explanation of different sources ofUKlaw and laws that organisations must comply with it.2.Explanation of the role of Government in law-making and how statutory and common law is applied in the Courts in England & Wales3.A coherent and critical evaluation of thelegal system and itseffectiveness in terms ofrecent reforms and developments,with evidence drawn from a range of different relevant examples to support your decisions.4.Illustrate how company, employment and contract law has a potential impact upon business, using specific examples.5.Differentiate and analyse the potential impacts of regulations, legislation and standards on businesses and organisations.






TASK 2


You have completed your training atMichael JordanSolicitors and has been fully employed in the firm as a legal adviser. Your first task is to critically review and evaluatethe following legal cases usingappropriate legal solutions in comparison with alternative legal advice.

(a)Francisis a sole trader in Manchester. He registered as self-employed for National insurance and Tax purposes.Francisis now considering incorporating the business as a Limited Liability Company.(b)Tomhas been appointed as one of the board of directors ofAmstradPlc. Tom is wondering whether he would be entitled to any pay for his services and would like to know howAmstradPlc should relate with its employees.Tomis also wondering as to what will happen whenAmstradPlc starts struggling to survive.(c)TSSis a limited liability company in UK and it deals with the manufacturing and sales of household equipment. The Company has advertised various positions in the Metro Newspaper for employment.Harrywhois a UK citizenwith his family has applied on line for the post of the Marketing director and likewiseHarry’swife applied for the same position.

The company after interview offered the job to the husband claiming he is the bread winner of the house and beside men are more energetic and stronger than awoman.What are the legal implications of TSS action in terms of employmentlaw?


After 5 years,Harrywas dismissed on ground that the Company is shutting its high level emission releasing plant which has caused serious pollution in the area and alsoTSSis cutting down its workforce because it is not growingand the company isspending above itsrevenues.


After 10 years ofHarry’sdismissal,TSSleaked his personal details to certain organisations and individuals.Harryalso registered a company usingTSSlogo and symbol. Discuss the legal implications of the above scenarios.


,

(d)Without prior consultation with employeesTSSLtd’ made it known at the beginning of February that all employees are to start compulsory overtime from the month of March. Apart fromPaul, a member of a trade union known as ‘Join us’, the decision was a welcome development for some of the employees.Pauldid not join other employees in doing the overtime and resigned with effect from 31stMarch.Paul is now thinking of suing TSS Ltd on‘CONSTRUCTIVE DISMISSAL’, he is now seeking your advice based on the Alternative Dispute Resolution,‘ADR’ and types of ‘ADR’.

( e ) Jonathan and Mary are engaged, Jonathan decided to give Mary a



treat so they decided to have dinner in an Italian restaurant in the



West end of London. Mary placed an order for a red -wine, she had



asip of the red-wine unknown to her the red-winehad a



decomposed snail, she developed a stomach upset which resulted in



her suffering from diarrhoea. She now seek legal advice from you.



Please advise Jonathan and Mary ontheir Negligenceclaims.






For each of the above cases you are required to:

1.Suggest appropriate legal solutions for each case.

2.Provide justifications for the use of appropriate legal solutionsto the above cases.


3.Assess the positive and negative impacts oflegal solutions tothe abovebusiness problems.




4Define Negligence




Essential elements or requirements of Negligence in lawciting relevant




case law.




Discuss how Negligence claims can be funded.





















































Learning Outcomes and Assessment Criteria



LO 1









LO1Explain the basic nature of the legal system






Pass


P1Explain different sources of law and laws that organisations must comply with.



P2Explain the role of government in law-making and how statutory and common law is applied in the justice courts.





Merit









M1Evaluate the effectiveness of the legal system in terms of recent reforms and developments.





Distinction


LO1 &LO2



D1Provide a coherent and critical evaluation of thelegal system and law, with evidence drawn from a range of different relevant examples to support judgements.




LO 2









Illustrate the potential impact of the law on a business





P3Using specific examples illustrate how company, employment and contract law has a potential impact upon business.






M2Differentiatebetween legislation, regulations, and standards to analyse potential impacts upon business.








LO 3



Pass



Merit



Distinction



Examine the formation of different types of business organisations







P4Explore how different types of business organisations are legally formed.



.


P5Explain how business organization are managed and funded..



M3.Assess the advantages and disadvantages of the formation of different types of business organisations.




LO3 & 4


D2Critically review and evaluatetypes of business organisations.






D3 Evaluate the effectiveness of legal solutions, legal advice and support for dispute resolution.



LO 4Recommend appropriate legal solution to resolve areas of dispute



P6Recommend legal solution for resolving a range of dispute using examples to demonstrate how a party might obtain legal advice and support.



M4Compareand contrast different sources of legal advice and support for dispute resolution.

















Recommended resources




Books


ANDREWS, N. (2011)Contract Law. Cambridge: Cambridge University Press.



DIGNAM, A. and LOWRY, J. (2012)Company Law.Oxford: Oxford University Press.



FRENCH, D., MAYSON, S. and RYAN, C. (2012)Company Law.Oxford: Oxford University Press.



HONEYBALL, S. (2012)Employment Law.Oxford: Oxford University Press.



PARTINGTON, M. (2013) Introduction to the English Legal System.Oxford: Oxford University Press.



Journals


New Law Journal



International Journal of Law in Context


St. Patrick’s International College ​5 ​Standard AB Template V1DNL2016

Answered Same DayOct 20, 2020

Answer To: ASSIGNMENT BRIEF Hand in deadline Task 1(Formative) Tasks 1 & 2(Summative) SEPTEMBER2018 7thWEEK...

Malvika answered on Nov 02 2020
141 Votes
Business Law Case Studies
Task 1: Handbook    Comment by Malvika Bansal: Task 1 is solved based on the questions that are mentioned for the same. The questions related to LO3 and LO4 are not included in the task details. Thus, the same has not been included in the answer. If there is a need to add these aspects, additional 1000 words work will be needed.
Sources of UK Law and Laws to be Complied by the Organisations
There are four principal sources of the UK legal system. These sources of the UK law include legislation, common law, Eur
opean Union law, and the European Convention on Human Rights. The legislation comprises of Statutes, Sls, and regulations. The main identified sources include Common Law, Equity Law, and Legislation. The common law is also referred to as the judicial precedent or the case law that is derived from the judicial decisions taken by the court. The laws are also derived from the legal principles, which exists within a jurisdiction. These principles form the equity and are applied as the equity law. Lastly, the part of the constitution i.e. the legislation is identified and applied as the allocated power by the constitution itself.     Comment by Malvika Bansal: LO1 using 787 words
There are certain legal requirements that the organisations operating within the UK need to comply by. This includes the development of the understanding of the basic tax procedures inclusive of the state and the federal taxes. It is also important to ensure that the trademarks, patents, and copyrights are identified and integrated in the business name, logo, and other required places. The understanding of the trading laws is also crucial while at the same time acknowledging the required insurance i.e. employer’s liability insurance and others is important. In order to pay emphasis on certain laws, it is identified that the health and safety act, consumer rights act 2015, and the equality act 2010 are the prominent ones, which are to be complied by the organisations. The Health and Safety Act applied at the workplace defines the working conditions that are to be provided to all the employers of the organisation. This includes safe working conditions, healthy environment, and protection from hazardous objects.
In addition to the this, the equality act 2010 makes it mandatory for the organisations to give equal treatment to the employees and also provide all the employees equal access to the services irrespective of their race, religion, sex, and beliefs. Additionally, pregnant women are given special rights inclusive of the protection and understanding of their needs during the period. The consumer rights act 2015 highlights that the consumers are to be protected against the unfair terms and usage of the provided services and products. The organisations are responsible for handling the same and understanding the implications of not following the consumer rights.
Role of government in Law Making
It is the responsibility of the Parliament to perform three varied functions i.e. to protect the interest of the citizens of the country, frame laws, and also monitor the actions of the government. The draft law with respect to a specific situation is farmed by the government, and both the houses of the parliament come together to pass the same. The government comprises of monarch, executive, judiciary, legislature or parliament. There are two houses i.e. House of Common and the House of Lords, which go through the different stages of law making procedures inclusive of bill preparation, its introduction, and then the different readings concerning the same.
Common Law applied in England and Wales
Common Law is the legal system used in England and Wales and is based om the idea of precedent. This suggests that when the court takes a particular decision; it is converted into a law applicable throughout the country. The countries form the constitutional successor to the former kingdom and integrate it to follow their single legal system.
Critical Evaluation of Legal Systems
The legal systems have been formulated based on the fact that there are different traditional and cultural norms adopted by the different countries. In order to keep up with these laws and integrate the different practices in a defined manner there exists differences in the legal system and laws adopted by the different countries. There are different reforms associated with the legal systems that bring forth the various changes that have been necessary through the years. The technology and construction court that handles disputes associated with buildings, engineering, and surveying highlight that the claims provided by engineers, architects, surveyors, and professionals are to be managed. Similarly, mercantile court also referred to as commercial court help in the management of the commercial disputes. The different reforms under the commercial court included the changes required for the understanding and handling of the business disputes.
Admiralty law or maritime law is yet another distinct body of law that governed the maritime offenses revolving around the domestic law as well as international law. A number of reforms have been introduced in the law based on the complex business strategies and also different security reasons. The alternative dispute resolution is used by the engaged parties to bring forth the solution to a situation based on the...
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