Sebastian George Cavasdan Business Law
Sebastian George Cavasdan Business Law
[Year]
Business
law
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short summary of the contents of the document. Type the abstract of
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Contents
P1 Explain different sources of law and laws that organizations must comply with..........................2
P2 Explain the role of government in law making and how statutory and common law is applied in the
justice courts.........................................................................................................................................2
M1 Evaluate the effectiveness of the legal system in terms of recent reforms and developments.. .3
P3 Using specific examples illustrate how company, employment and contract law has a potential
impact upon business...........................................................................................................................3
M2 Differentiate and analyse the potential impacts of regulations, legislation and standards.........4
P4 Suggest appropriate legal solutions for a range of business problems e.g. termination of contract,
rescue from insolvency and liquidation...............................................................................................4
P5 Provide justifications for the use of appropriate legal solutions....................................................5
P6 Recommend legal solutions based upon a different country’s legal system and/or a different legal
framework. M4 Compare and contrast the effectiveness of these recommendations.......................6
References:...........................................................................................................................................7
P1 Explain different sources of law and laws that organizations must
comply with
In order to develop, organize and control the circumstances of society or government of a
country, there have to be some rules and regulations which is termed as law. Like UK
government follows the court law system. All of these laws are originated from some sources.
Sources of law refers the origin of the binding rules and regulations that comes to the existence
from the human act. There are numerous sources of law that organizations must comply with.
The sources are: Constitution, common law, legislatures, executives, judiciaries, international
organizations and administrative agencies. It is explained as follows-
Constitution is a major sources of law. It is formed with a specific written document which is
present in most of the countries of the world, but absent in the UK law. The UK law has
unwritten constitution which only holds the documents, statutes and traditional practices. But
still there is a practice of constitution regarding different levels of organizations from sovereign
states to different associated or unassociated companies. The modern written constitutions
delegate specific powers to the organizations to establish a law upon them.
There is another major source is that international organizations. The most acceptable
international organization is International Court of Justice (ICJ) which is the judicial branch of
UN. It is associated with different regional trade community and those community has a vast role
in business organizations. It facilitates cross-border movement of various goods and services and
promotes fair competition and enhances investment opportunities between the member countries.
The international law provided by the international organizations improve the better quality
performance of the business and organizations (Partington, 2013)
Legislatures create legislation law. Legislation include the act of parliament and they can make
different laws quickly which is an important source of laws today. Statutes or statutory law is
created through the legislation. Legislation is an important source by which a legislatures
prosecute the rules to narrate the organizations and various procedures of it.
P2 Explain the role of government in law making and how statutory and
common law is applied in the justice courts
UK parliament is the highest body of the legislative authority in the UK. The parliament is the
maker of the law of UK. It is mentionable that UK has no written constitution. It depends on the
parliament and court for the rules and regulations. Parliament composed of House of Commons
who are represented as the Member of Parliament and the House of Lords who are appointed by
the government.
Government introduce with an instructions draft consist of proposed law is known as a bill which
is made by the civil layers. The bills are of three types which are public bills, private bills and
private members bills. The bills are firstly read to the House of Commons. Then, a debate is held
on the main objectives and areas of the bill either the bill should proceed or not. Votes take place
if any changes or amendments needed or not on the proposed rules and regulations. Bill then
again represented to the House of Commons and House of Lords. More amendments are debated
there and again the house votes further for the issue. If the governments takes the majority with
the vote, the bill then passed by the support of the House of Lords. Once the bill is formally
passed by the Queen, it becomes the Act of parliament and the law of the land.
Statutory law or statute law is a formal written law which is adopted by the legislature. It is
handled outside of the court by the elected legislatures and an official legislation process. It is
codified in writing or published like Ohio Revised Code or the Code of Canon Law. It is applied
in the justice court when the court find the clearness of this law. Sometime they consider if the
law give meaning of the every word and sometime it rejects if the extra words doesn’t mean
anything. In criminal matters, if they find the obscurity and unconstitutional in other matters, it
can omit that part of the law or even they can throw out the entire law (French, Mayson and
Ryan, 2012)
The opposite of statutory law is common law, also known as case law. This law is based on the
judicial decisions rather than on written laws which is administered by the common-law courts of
England. It is a system which indicates that how the law should be applied in some cases statute.
It has no official legal code that can be applied to the cases.
References:
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
Frank, W (2018). The effects of Govt. Policies on Business
Angelien, K (2015). The impact of regulations. Mckinsey & Company
Rose, J (2018). 5 ways terminate contract. Chrone