(Iyawo Ago) Unit Learning Outcomes: LO1 Explain the nature of the legal system. LO2 Illustrate the...

Question

(Iyawo Ago) Unit Learning Outcomes:
LO1 Explain the nature of the legal system. LO2 Illustrate the potential impact of the law on a business. LO3 Examine the formation of different types of business organisations. LO4 Recommend appropriate legal solutions to resolve areas of dispute.
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Assignment Brief and Guidance:
Task-1 (This task covers LO1, LO2 and LO3 of the unit) You are working as a paralegal in a law firm (an organisation of your choice – your own place of work if appropriate) advising new start-up companies on the legal system and key legislation that they are required to know and apply. You have been asked to produce a report for new companies in order to support your business advice and guidance. The report must include the following sections:
a) An explanation of different sources of law and laws that organisations must comply with. b) An explanation on the role of government in law-making and how statutory and common law is applied in the justice courts . You need to also evaluate the effectiveness of the legal system in terms of recent reforms and developments . c) By using specific examples, illustrate how company, employment and contract law has a potential impact upon business .Furthermore, Differentiate between legislation, regulations and standards to analyse potential impacts upon business. d) A coherent and critical evaluation of the legal system and law, with evidence drawn from a range of different relevant examples to support judgements . e) In addition, you need to explore how different types of business organisations are legally formed. f) You need to also explain how business organisations are managed and funded and assess the advantages and disadvantages of the formation of different types of business organisations g) You need to critically review and evaluate types of business organisations
Task-2 (This task covers LO4 of the unit) You are working in a law-consulting firm as an assistant law consultant, which provides advice on business solutions. You are required to review three case studies based on different version legal problems affecting local businesses. The areas of law are needed to consider Company Law (including insolvency and liquidation); Contract Law (including termination of contract) and Employment Law (including Alternative Dispute Resolution). For each case presented below, you need to apply and justify a legal solution to the problem. Company Law Ben want to start up a business in the UK to buy and sell organic seeds to overseas market. He wants to know the best business model to start the business. Advise him the different business models available and show comparison of the advantages and disadvantages of each model. Contact Law Alan bought a car from a second-hand dealer, who said it is the best running car he has ever sold in his lifetime. After 2 weeks, when Alan was driving with his girl-friend, the car broke down on M25, causing massive traffic jam. When he bought the car, Alan signed a document stating that seller is not liable for any damage suffered after 24 hours of purchase. Advice Alan of his contractual rights against the seller. Employment Law Jane is a newly appointed news reader in Channel 77. She is unhappy about her salary, when she
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found that she was paid half the salary of male news reader. She complained to the manager who did nothing. She seeks your advice on what course of action she has against the management. Advise on her employment rights. She also wants to know if she can claim for her unpaid salary for the past 3 months.
You are now required to file a report to your line manager outlining the advice and assistance given in relation to these legal problems. Your report should contain the following: a) You need to recommend legal solutions for resolving a range of disputes using examples to demonstrate how a party might obtain legal advice and support. b) Furthermore, compare and contrast different sources of legal advice and support for dispute resolution and evaluate the effectiveness of legal solutions, legal advice and support for dispute resolution .
Assignment Guidelines
❖ Submit a soft copy in a CD or Email to XXXXXXXXXX on the submission date. Use Normal script of a proper font size 12. ❖ Attach the front sheet of this assignment brief to your work for assignment submission with signatures on the statement of authenticity. ❖ Assignments submitted after the deadline will not be accepted unless Extenuating Circumstances Form is submitted with third party evidence. ❖ Collusion and Plagiarism must be avoided. ❖ Start each answer on a new page and pages should be numbered. Highlight each question clearly. ❖ Include a Bibliography at the end of the assignment and use the Harvard referencing system. ❖ All work should be comprehensively referenced, and all sources must be fully acknowledged, such as books and journals, websites (include the date of visit), etc. ❖ In order to pass you need to address all the LOs and meet all the PASS (Ps) criterions within the LO. ❖ In order to get a merit you need to address the characteristics of Pass and then M1, M2 ,M3 and M4 ❖ In order to get a distinction you need to address the characteristics of Pass, Merit and then D1, and D2. The recommended word limit is 3,500 words, although you will not be penalised for exceeding the total word limit. Please also provide a bibliography using the Harvard referencing system.
*Please access HN Global for additional resources support and reading for this unit. For further guidance and support on report writing please refer to the Study Skills Unit on HN Global www.highernationals.com Recommended Resources
Books
ADAMS, A XXXXXXXXXXBusiness Law for Students. 9th ed. London: Pearson
ANDREWS, N XXXXXXXXXXContract Law. Cambridge: Cambridge University Press.
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ELLIOTT, C and QUINN, F XXXXXXXXXXThe English Legal System. 16th Ed. London: Pearson
HONEYBALL, S XXXXXXXXXXHoneyball and Bowers Text to Employment Law. 14th ed Oxford: Oxford University Press.
MARSON, J and FERRIS, M XXXXXXXXXXBusiness Law. 4th Ed. Oxford. Oxford University Press.
Journals
New Law Journal
International Journal of Law in Context

unit-7-business-law-assignment-brief-1-3-b0osl0i1.pdf

Jose · Accepted Answer

The University of Queensland
1
Management     
Business 
Law and the Legal System
Individual
Lecturer: 
Student Submitting: 
Due Date: 10/06/2020
Task -1
You are working as a paralegal in a law firm (an organisation of your choice – your own place of work if appropriate) advising new start-up companies on the legal system and key legislation that they are required to know and apply. You have been asked to produce a report for new companies in order to support your business advice and guidance.
For starting and operating the business organization, the managers have to consider different legal requirements and aspects. As per the report of Business Insider (2019) if the companies are not following the legal system and procedures it directly affects the normal functioning of the organization. Now we can analyse the various aspects that managers have to consider while operating a business organization.
Analysing the different sources of law
In UK sources of law is classified into two categories, primary and secondary sources. Primary sources of law include,
1. Case law provides by the courts;
Case laws called the decision taken by the courts and the business organizations have to follow the cases laws implemented by the courts. R v Dudley and Stephens, 1884, Carlill v Carbolic Smoke Ball Co, 1893 can be called as the examples of some of the case laws. Business organizations will get the case laws as reports and they have to follow the rules and regulations given by the courts (Gover et al 2018, p.760) . Weekly law reports are available, and we can access the reports from the government website. 
2. Legislation passed by the government 
Legislation passed by the government can be also called as the major sources of law and business organization has to follow the legal rules and principles. For example, the UK government introduced the Equality Act 2010 for protecting the employees in the companies. If employers are not treating the employees equally, the employees can file a case against the employers based on the Equality Act 2010. In the year of 1974, the UK government also introduced the Health and Safety Work act and it helps for protecting the health of the employees (Margalit 2019, p.20). As per the Health and Safety Work Act, the companies have to implement effective tools for providing better working conditions to the employees. 
Secondary sources of laws include different international treaties and agreements and they also consider the local and administrative laws. Law journals also can be called as the secondary sources of law and the business organization has to collect information from the Westlaw UK and Lexis. We can also consider Legal Encyclopaedias, Parliamentary and Non-Parliamentary Documents as secondary sources of laws. 
Role of government in law-making
The government plays an important role in the law-making process. We know the fact that the government has to understand the needs of society and based on that they have to implement the laws and practices. The government has to understand that need for implementing the required laws and they also have to draft, review and pass the laws (Swain et al 2019, p.30). The government also has the right to amend and reject the laws for protecting the life of the people. While analysing the role of the UK government in law-making we can understand that the value the needs of the common people, for example in the year 2018, the government introduced Health and social care act. The act mainly focused on providing healthcare protection for old age people working in business organizations.
Analysing the statutory and common law is applied in the justice courts
Statutory laws called the legislation passed by the parliament for protecting the interest of the people. Statutory laws are already written and based on the situation and nature of the case the judges apply the statutory laws. Company formation regulations and tax laws can be called as examples of statutory laws. On the other side, the common law is made by the judges for taking the right decisions related to a particular case. Common laws also called as substantive laws that help for improving the behaviour of people in the society. 
Effectiveness of the legal system in terms of recent reforms and developments
Legal systems always help in managing the challenges related to recent reforms and developments. We know the fact that companies are facing cut-throat competition from national and international players. Recent reforms are creating operational and functional challenges to the organization (Quinn et al 2015, p.24). For managing the challenges, the organizations and people required the support of the legal system. 
Impact of company, employment and contract laws on business
We know the fact the government implemented company, employment and contract laws for managing the issues and protecting the interest of the people. Company laws directly affect the functioning of the business. For example, companies act in 2006 provides clear cut instruction and guidelines for companies related to operational activities. Company law states the power directors and members so the business organizations have to follow the rules and regulations. Employment laws are always creating different problems for the smooth functioning of the organization. As per UK employment law, the employee has to right to know, right to refuse the unsafe work and they are also eligible for getting salary based on the qualification and effort. The companies have to consider the provisions and rules in the Employment Rights Act 1996 for ensuring the proper functioning of the organization. Business organizations also have to consider various contract laws for avoiding unnecessary delays and issues. As per UK contract law, for entering into the contract the companies have to consider the competency of the parties and they also give importance to essential elements that are required for completing a valid contract. 
Analysing the impact of legislation, regulations and standards on business
The legislation simply means, making laws or practices that is suitable for specific people or community. Regulations can be called as the instructions and guidelines that are required for implementing the law. Standards can be called as requirements that required for a particular system or product. Legislation,

(Iyawo Ago) Unit Learning Outcomes: LO1 Explain the nature of the legal system. LO2 Illustrate the potential impact of the law on a business. LO3 Examine the formation of different types of business...

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