TASK ONE1) Explanation of different sources of law and laws that organisations must comply with. a)Sources of Law1.Common law 2.Equity law3.Legislation(Acts of Parliaments)4.European Union...

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TASK ONE1) Explanation of different sources of law and laws that organisations must comply with. a)Sources of Law1.Common law 2.Equity law3.Legislation(Acts of Parliaments)4.European Union laws5.Statutes 6.International conventions.7.Writers and authorities. You are required to explain any THREE sources.1b) Laws that organisations must comply with.(1)Health and safety at work act 1974(2)consumer rights act 2015(3)Equality act 2010(4)Environmental protection act 1990(5)Data protection act 1998(6)Trade union and labour relations (consolidation) act 1992 (7)Computer Misuse act 1990(8)Copyright, designs and patents act 1998(9)Cyber Security Act 2015You are required to explain any THREE sources2) Explanation of the role of Government in law marking and how statutory and common law is applied in the courts in England and wales. a) Define and explain the following arms of the Government•Monarch •Executive •Judiciary•Legislature/parliament b)Explain that the legislature is made up of two houses•House of Common (definition and composition and functions)

•House of Lords (definition and composition and functions)

.
c)Discuss each stage of the law making procedures below.•decision to legislate

•bill preparation

•bill – when introduced

•parliamentary stages

•first reading
•second reading
•committee stage

•report stage

•third reading

•later stages and house lords
•royal assent
d)How statutory and common law is applied in the courts in England and wales.•Define briefly the judiciary and state that the judiciary is made up of the court systems and officers and ministry of justice
•explain that the justice system is divided in to two namely

-Civil law – Definition required.
-Criminal law – Definition required.
-Compare and contrast civil and criminal law•Explain the hierarchy of courts under civil and Criminal law with brief explanations on

•each courts jurisdictions and scope of each Courts e.g. magistrates courts and the crown courts including sentence
•Explain the roles of the police, Crown Prosecution Service and Director of Public ProsecutionMeets evidence for Merit and Distinction Question. (M1 & D1)
Critical evaluation of the legal system and its effectiveness in terms of recent reforms and developments, with evidence drawn from a range of different relevant examples to support your decisions.The Legal System in term of recent reform( The Woolf Reform)1.Define the Woolf reforms

2. Explain the reasons for the reform which are to provide the public with a justice system that is:
(a)just

(b)proportionate
(c)accessible

3.Explain the following reforms:-A.Technology and construction court B.Mercantile court C.Admiralty D.Alternative dispute resolution (ADR)
4.Administrative law court-family court -youth court














[4] Illustrate how company, employment and contract law has potential impact upon business using specific examples.
Company •Define company law and formation of accompany
•Status of company in law – Salomon vs Salomon case
•Characteristics of company
(Transferability of shares, Legal personality, perpetual existence, Limited liability)Types of company

•private

•public



Employment law•Define employment law

•Distinguishing Employee from Self – Employed
•Control test – Walker v Crystal palace FC 1910
•Integration test – Cassidy v Ministry of Health 1951
•Multiple test -Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance1968
•Mutuality obligation test-O’Kelly v Trust House Forte Plc 1983

Contract law
-Define Contract law

-Explain Essential Elements of valid contract

-Offer – Carlill vs Carbolic smoke ball -1983
-Acceptance – Adams vs Lindell- 1818
-Consideration

-Intention to create legal relations
-Privity of contract




This Task below meets evidence for Merit (M2)
1.Differentiate and analyse the potential impacts of regulations, legislation and standards on businesses and organisations.-Legislations – definition & explanation

- Impacts on businesses and organisation-Regulations – definition & explanation
- Impacts on businesses and organisation-Standards – definition & explanation
- Impacts on businesses and organisation




TASK 2 .(a)Bruce is a sole trader in Liverpool. He registered as self-employed for National insurance and Tax purposes. Bruce is now considering incorporating the business as a Limited Liability Company.Sole trader:

•definition

•advantages and disadvantages

•definition of company

•advantages and disadvantages
•processes of registering or formation/incorporation of company
•Legal advice – advice on whether to proceed with the incorporation or to remain as sole trader and give reason for your answers.

b) Timothy has been appointed as one of the board of directors of JVC Plc. He is wondering whether he would be entitled to any pay for his services and would like to know how JVC Plc should relate with its employees. Timothy is also wondering as to what will happen when JVC Plc starts struggling to survive.
PAppointment & Remuneration of Directors-Definition of director

-appointment of director
-remuneration of director
-Duties and obligations of employers and employees.
-Insolvency Act 1986
-insolvency and liquidationInsolvency

Definitions – company struggling or in debt.Ways out of insolvency

-Informal agreement with creditors
-Creditors voluntary agreement (CVA)
-Administration
- Receivership
- Compulsory winding up
(c) PSS is 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. Kane who is a UK citizen with his family has applied on line for the post of the Marketing director and likewise Kane’s wife 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 a woman.
After 5 years, Kane was dismissed on ground that the Company is shutting its high level emission releasing plant which has caused serious pollution in the area and also PSS is cutting down its work force because it is not growing and the company is spending above its revenues.
After 10 years of Kane’s dismissal, PSS leaked his personal details to certain organisations and individual .Kane also registered a company using PSS logo and symbol. Discuss the legal implications of the above scenarios. Issues for identification, determination and discussions in scenarios -Discrimination equality act 2010 [gender and sex]-Environmental protection act 1990-Redundancy-Data protection act 1998 -Copyright, designs and patent act 1988 (d)Without prior consultation with employees PSS Ltd’ made it known at the beginning of February that all employees are to start compulsory overtime from the month of March. Apart from Daniel, a member of a trade union known as ‘Join us’, the decision was a welcome development for some of the employees. Daniel did not join other employees in doing the overtime and resigned with effect from 31st March. Daniel is now thinking of suing PSS Ltd on ‘CONSTRUCTIVE DISMISSAL’, he is now seeking your advice based on the Alternative Dispute Resolution, ‘ADR’ and types of ‘ADR’. Explain Constructive dismissal and analyse the remedies available to Paul in law. Paul has the choice of the following remedies which are:1. Trade union – Definition, scope, the advantages and disadvantages.2. Citizen’s Advice Bureau – Definition, Scope, Advantages and Disadvantages.3. Employment Tribunal - Procedure of making a claim in the Employment tribunal – claims, remedies and compensation

(e) Jazzy and Margaret are engaged, Jazzy decided to give Margaret a treat so they decided to have dinner in an Italian restaurant in the West end of London. Margaret placed an order for a red -wine, she had a sip of the red- wine unknown to her the red-wine had a decomposed snail, she developed a stomach upset which resulted in her suffering from diarrhoea. She now seek legal advice from you. Please advise Jazzy and Margaret on their Negligence claims citing relevant case law.

1. Define Negligence2. Essential elements or requirements of Negligence in law3. Discuss how Negligence claims can be funded.M3 Assess the positive and negative impacts of legal solutions to business problems.For each of the solution given in the task above, assess the positive and negative impacts of the solution.
You can explain the benefits and limitations of the advice given.
M4 based on the case of Donoghue v. Stevenson [1932] UKHL 100 recommend appropriate legal solution to the Parties engaged. Compare and contrast the effectiveness of these recommendations.
Answered Same DayJan 17, 2021

Answer To: TASK ONE1) Explanation of different sources of law and laws that organisations must comply with....

Arindam answered on Jan 23 2021
141 Votes
Business law
Table of Contents
Introduction    4
Task 1    4
Task 2    20
Conclusion    26
References    27
Introduction
The focal point of the current assignment would be on examining the idea of the lawful framework in the United Kingdom, the possible effect of the business law on organizations working in the UK, investigate the development of various sorts of business associations and give an answer for determination a specific question territory.
Task 1
Different sources of law and the laws that organisations must comply with-
1. Sources of law
Common law
The Common law is engaged upon in the lawful arrangement of England and Wales to guarantee shared trait of judgment and discover that choice given by senior investigative courts turns into a piece of the law.
Legislation(Acts of Parliaments)
Legislation is the law which is developed by a legislature. The essential parts of the legislation includes Acts of Parliament (Gray and Jenkins, 2009).
Equity Law
It is one of the necessary aspects of business to fulfil the management needs. Ap
art from that there are some Equity Law which has to be adhered in order to make proper kind of amendments.
European Union Laws
The UK is a witness of the European Convention on Human Rights majorly affects the Human Rights Act 1998 on the traditions that must be held on. It is because of this effect, all courts of UK give attention on ensuring rights distinguished in ECHR (Barnard, 2012).
Statutes
The management of the parliament describes the statues. They make sure that the business process is being adhered in a proper manner.
International conventions
The business issues has to be managed in a proper manner in order to make proper kind of amendments drastically. The majority of the cases it has made big impact on business managements.
Writers and authorities
These are the main authorities that make logical contribution to the issues that are being handled in a proper manner.
2. Laws that organisations must comply with
Health and safety at work act 1974
The Health and Safety at Work Act 1974 is also referred as HASAWA act which covers occupational health and safety in the UK, being the primary piece of the legislation.
Consumer rights act 2015
The Consumer Rights Act 2015 is an Act of Parliament of the UK that combines existing user security law enactment and furthermore provides individuals various new authorities and cures. Victuals for auxiliary ticketing came into role on 27 May,2015 and the same for ADR got its role on 9 July,2015 according to the EU Directive on user ADR (Jenkins, 2009).
The Act is part into three sections:
Section 1 charges customer for products, advanced substance and administrations.
Section 2 involves out of line terms.
Section 3 looks after other different provisions
Equality act 2010
The Equality Act 2010 is an Act of Parliament of the UK. It has same objectives as that of the directives of major EU Equal Treatment, whose provisions are mirrored and implemented by it (Act, 2010).
The basic role of this Act is to systematize the convoluted and different exhibit of Regulations and Acts, that framed the premise of against anti-discrimination in UK.
Environmental protection act 1990
Data protection act 1998
The data protection act is going to make proper contribution to the de3vvelopment of security matters regarding stored data.
Trade union and labor relations (consolidation) act 1992
The labors have their rights in order to make better kind of unity. The labors have to make sure that they are getting the rights and that is why the law is stated.
Computer Misuse act 1990
The computers have to be used properly in order to protect the data.
Copyright, designs and patents act 1998
The copyrights have to be given to the people in order to make betterment in the scenario. The issues need to be assed in a proper manner to have better kind of management policies.
Cyber Security Act 2015
The database management techniques have to be checked in a proper manner in order to make better kind of solution that are associated with the process.
Role of government in making law and the application of statutory and common law in the courts in England and Wales.
A total of six stages are associated in the formation of the Act of Parliament. The formation of a bill(which is further termed as a law) is of two types- Public bills and Private members bills, public bills worry about laws which influence people in general everywhere (Tetley, 2009).
Private bills centre around issues of corporate, neighbourhood or interests of person that may influence explicit areas or people. Pursued by building up the bill, it very well may be presented in both the Houses, in which, it is should have been passed. However, for the most part, fundamental bills are presented in the House of Commons.
Arms of government-
Monarch
Pursued by the bill when it is transferred to both the Houses it is sent to Monarch. When the bill gets to Monarch, it turns into a law and termed as Act of Parliament
Executive
The executive is the part of the government that executes the law and authorizes it.
In frameworks of politics, dependent on the guideline of partition of forces, authority is appropriated among some branches (executive, legislative, judicial)— an aim to keep the convergence of intensity in the hands of a group of individuals. In this framework, the executive does not pass laws or translate them (Hibbing, 2009).
Judiciary
The judiciary/legal executive (also called the legal framework or the court system) is the package of courts that translates and the law is applied for the sake of the state. The judiciary is the fundamental for the goals of debate. Under the regulation of the partition of powers, the judiciary for the most part does not make statutory law or implement law , yet rather it interprets law and applies them into each case.
Legislature
Legislature develops a law which is known as legislation which consists of Acts of Parliament. Moreover, the legislations are made by the parliament, consisting of two houses- House of Commons and Lords (Jenkins, 2009).
· House of Common
The full name of this House is ‘the Honourable the Commons of the UK of Great Britain and Northern Ireland in Parliament assembled’. House of Common is the lower house of the parliament of the UK.
Function of the house-
Bills might be presented in either house, however more important bills start in the House of Commons. The matchless quality of this house in administrative issues is guaranteed by the Acts of Parliament, beneath which specific kinds of bills might be exhibited for Royal Assent to the Queen beyond the assent of House of Lords. The Lords may not postpone a money bill (a bill that, in the perspective of the Speaker of the House of Commons, exclusively concerns national tax collection or open assets) for over one month (Ashworth and Horder, 2013).
By a habit that won before the Acts of Parliament , the House of Commons may start bills including tax collection or supplies. Moreover, supply bills gone by the House of Commons are insusceptible to changes in the House of Lords. Moreover, the House of Lords is banished from revising bill to embed a tax assessment or arrangement related to supply, yet the House of Commons frequently forgoes its benefits and enables the Lords to create alterations with budgetary ramifications.
Composition of the house-
Since 1950, every Member of Parliament has spoken to a solitary body electorate (otherwise called a seat). Geographic limits are dictated by 4 permanent and autonomous Boundary Commissions, one from England, Northern Ireland, Wales, and Scotland. The commissions lead general surveys of appointive limits once around 8 to 12 years, and interval audits. In drawing limits, they are required to favor nearby government limits, yet may veer off from these to avert incredible inconsistencies in electorate, thusly differences are given the formal term apportionment (Mann, 2009). The proposition of the Commissions of the boundary are liable to parliamentary endorsement, however might not be changed. After their next Periodic Reviews, the Commissions of the Boundary will be consumed, which was built up in 2000. Starting at 2017, the UK is partitioned into 650 voting public, including 533 in England, 40 over Wales, fifty nine in Scotland, and eighteen in Northern Ireland.
· House of Lords
Its full name is ‘the Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled.’ it is also termed as House of Peers. The House of Lords is house in the upper of the Parliament and fits in the palace of Westminster (Mann, 2009)
. Function of the house-
This house discusses agreements, and has ability to change or reject bills. Be that as it may, the intensity of the Lords to dismiss a bill gone by the House of Commons is seriously limited by the Parliament Acts. Under such Acts, specific sorts of bills might be exhibited for the Royal Assent without the consent of the House of Lords. Other bills can't be postponed by the House of Lords for in excess of two sessions of parliament, or one schedule year.
Composition of the house-
There are right now 790 sitting individuals from the House of Lords. An extra 22 Lords are unsuitable from investment, which includes eight companions who are unavoidably precluded as individuals from Judiciary (Flood, 2007)
.
Figure 1: Court Structure
(Source: Court System, 2019)
Stages of the law making procedures-
· Decision to legislate
In order to decide legislation, it is formulated by the Parliament(house of common and house of lords).
Bill preparation
Bill preparation is the first step of formulation of Act of Parliament. The prepared bill may be either public bill or private member bill.
· Bill-when introduced
The prepared bill can be provided in both the houses, primarily in that house it is important to be passed. In addition to which, essential bills are introduced in the House of Common (Hibbing, 2009).
· Parliamentary stages
There are six Parliamentary stages that are associated with the formulation of the bill which is the Act of Parliament.
· First reading
It is the first reading stage of the bill where at first bill’s title is gone through and then it is published (Taylor, 2009)
.
· Second reading
In the above stage, a debate is conducted by House of Common on regular principles of bill.
· Committee stage
In the above...
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