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BUSINESS LAW ASSIGNMENT

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BUSINESS LAW ASSIGNMENT

 Task 1:

Explanation the basic nature of the legal system (LO1,P1, P2, M1 and D1)

Introduction:

Business Law has covered a wide range of legal system that design businesses structure in order to make money in UK. The business law provides the intellectual property rights to creative industries as well as manufacturers in the case of publishing innovative products. The business laws in UK, has modernized the UK company law in order to increase the interrelationship between government and international laws. It significantly emerge the developments of legislative and case laws as well as judicial attitudes over the law based firms in UK. Here, the study is about that a Belgian client needs to know about the business laws of UK and the roles of UK government regards with business law making.

Findings and analysis:

 

 

 

Different sources and origin of Laws for organisation

United Kingdom is originated by four countries; England, Scotland, Wales and Ireland. There are different laws apply over entire UK or only one to three countries. There are mainly four principal sources of UK laws such as, legislation, European Union law, common law and European conviction over human rights. Legislation law is originated from legislature and the most important part of legislation is acts of UK parliament (Coulter and Hancké, 2016, p.148). The legislation has splitted into two types such as, Primary Legislation and Delegated Legislation. Primary legislation includes the acts of parliament wherever, Delegated legislation includes statutory instruments. The European law is based on the member state of UK that defines European law has power to preside over UK laws. The law commission is set up in 1965 over England and Wales. The laws have the rights over the legal system of England and Wales. The legal system is common of England and Wales so that it is referred as one common law. Therefore, the decision of the senior appellate court is considered as a part of law. Being a member state of council of entire Europe continent, UK has signed the agreement or statement of European Convention on Human Rights Act 1998 (Besley, 2015, p.99). This act has affected over UK in the year of 2000. The act enables the courts and government of UK in order to identify and protect the human rights (Correa and Lel, 2016, p.501) 

Based on the types of organisation running in UK, there are three business laws that need to be followed such as, Employment law, Competition law and Consumer rights law. In the case of employment law, the organisations need to ensure that their employees are in good treatment. The issues of this law are, minimum wage, redundancy, termination and pension (Buck et al. 2016) For example, an organisation has increased the minimum wage in every years so that it failed to pay their employees proper payments. Therefore, employment laws are used for this problem.

Consumer rights law has application over products and services of organisations. In the case of productivity and services, organisations need to comply with Consumer rights law. However, the organisation has rights to apply the rules and regulation of the law in case of buying products or services from other organisation. However, some key of consumer rights law that affects on the business. The acts of the law are sales of goods act and distance selling regulation. Based on the law, organisations need follow some objectives in the case of selling products that the products must match as described, products must meet satisfactory level of consumer and must be fit with consumer’s needs. In the organisations, competition law is designed for preventing any organisational practices. This law helps the organisation to strangle in competition and reduce unfairly choices of customers. This competition law has two types of anti competitive practices such as, Anti-competitive Agreements and Abuse of Dominant Market position. These laws and procedure of government in making laws can help to guide the Belgian client to bring his case in UK justice Court.   

Discussion: P2

Analysis on the role of government in making of Common and Statutory Law in Court of Justice

Most of the laws of UK are passed from UK parliament that based on the proposal of government. The government proposal addresses the shape and problems of the society and that proposal is created on time period. In order to make the proposal over laws, it depends on several factors as if problem emerges on political parties, ideas for resolving problem and cabinet minister’s agreements. Government of UK may have to negotiate in emerging new laws in order to reduce terrorism and natural disaster acts. The legal system is common of England and Wales so that it is referred as one common law. Therefore, the decision of the senior appellate court is considered as a part of law. The cabinet ministers need to support the ideas that based on consulting proposals (Dowling, 2016, p.347). The merits of various acts and policies are debated inside the cabinet ministry. This argument is developed from entire ministry that has been supervised by a senior member of cabinet. The approvals proposal belonged cabinet committee; need to be selecting that draw up the legislative programme of government. After approving the proposal in cabinet ministry, the ministers outline the instruction in order to make the bills. These bills are intended to introduce the session of parliament that helps to start new session of parliament. The bills are going through several parliament stages. The stages are related with taxation that starts from House of Common. The stages includes, first reading, second reading, committee stage, report stage, third billing, bill approving and the Monarch’s assent (Coulter and Hancké, 2016, p.148). These stages or procedure of government in making laws can help to guide the Belgian client to bring his case in UK justice Court.         

Conclusion:

The report concludes about the UK laws legislation and its effect on the organisations in UK. Here, the report has found that the business laws rules in order to sale products and services to their customer. The report has suggested about consumer rights and human rights in UK so that it can help the consumer to get better services from business organisations. Moreover, report has stated that business laws in UK, has modernised the UK company law in order to increase the interrelationship between government and international laws. It significantly emerge the developments of legislative and case laws as well as judicial attitudes over the law based firms in UK

 TASK 2

1)

Adebonojo

West Riverside Road, Immingham Dock

Immingham DN40 2NT

United Kingdom

25th July

 

SUB: Process of creating and naming the company

 

Dear Adebonojo,

            It is important for you to understand there are certain series of actions that has to be completed in order to change the name of the company and create a unique brand name. It has to be kept in mind that the company will be treated as a separate entity and the old name would be taken as a dissolute. Firstly, there has to be collaborative decision on the parts of the owner of the company, which is you in this case, and have to consult with the internal stakeholders for changing the name of the company. If the company were run through partners, then the decision of the partners would be accepted for the reason. A company general meeting has to be held and the name of the company has to be discussed.

The company has to appoint a legal expert so that the name mentioned in the Memorandum of Association can be changed and the Articles of the Association can be altered in terms of the Memorandum. Adebonojo has to contact the MCA to see that the name that is decided is not used by other companies in the world and the name should be acceptable under the terms of the Companies Act 2006 Naming Guidelines, UK. Soon after the acceptance of the name, the company has to pass the resolution for the change in the prospects of the company. The consequential changes can be only altered by changing the Memorandum of Association. After the passing of the resolution, the company has to apply through a formal application to the Registrar of Companies UK for the alternation of the name of the company. The Form B has to be purchased for it by paying a certain fee. The company has to give the old certificate of incorporation to the registrar and obtain the new certificate of incorporation. Finally, the company has to make the important changes to the Articles of Association and the Memorandum of Association. After these changes, the company can only start the business.

An important issue that would be faced will be the decision of the perfect name according to the guidelines and principles stated by the Secretary of state. It has to be seen that it does not match the name of the other companies and businesses.            Secondly, trademarks search has to be conducted for the federal and the state registrars with the help of online surveys and other search associations. The documents for the change of name has to be submitted to the IRS (Internal Revenue Service) and has to file the return of the last and the current year and the name of the owner along with the addresses. All the tenders and the documents in the financial institutions have to be changed and if a DBA was filed before, the company would repeat the action continued for the new business name.

It can give business a superior brand character. It can help convey brand's incentive to clients. It can bring more focused on clients. It can give business a decent brand impression. It can render a heretofore-unlinked mark agreeable. It can help pull in great business associations. It can make business more focused. It can assist business with penetrating remote markets. It can without much of a stretch land your business before new gatherings of people by getting it discussed routinely. It can assist you with disrupting the business/specialty to advantage.

Yours Sincerely

Bob Martin

 

2)

 

Adebonojo

West Riverside Road, Immingham Dock

Immingham DN40 2NT

United Kingdom

25th July

 

SUB: Unemployment rules and the impact of such

 

Dear Chukwuyedi,

It is very important to understand that the actions performed by you are not formal according to the company rules and every action that would be performed by the fellow employees will be for the betterment of the company. It has been seen that Chukwuyedi is not happy with the decision of the company not offering its operations in the places where the owner was misbehaved. However, it has to be kept in mind that some rights can be claimed for you rather than resigning from the office. The company is bound to provide for any activities that have been conducted in terms of the company. The employment has to be determined by an offer letter to the employees and it has to be confirmed by countersigned by the employees.

It would be same for the case of appointment letters too. The terms that have to be followed are the rights of employee and employee to minimum notice and the cases of unfair dismissals. Chukwuyedi, being an employee, has to follow the rules that are mentioned in the law. Chukwuyedi has to provide a notice to the company so that the contract of employment can be terminated and this can only be possible for the employees who have worked for a month or so. The people of both the parties have to compensate for the sudden termination of the employment contract if such stated in the contract law. The employee would also have the rights during the period of notice. Chukwuyedi have to give the notice to terminate the contract and according to the provisions of 88 and 91, the effect of the liabilities of the employer would be followed according to the section of 86(1). Thus, in this case Chukwuyedi would have to compensate for the losses of the company and have to serve a notice period for this case.

For this case, the employee resignations will be affecting the relations with the customers, as the employees like Chukwuyedi will be the ones responsible for the key customer service functions.

Connections generally take a very long time to restore, empowering contenders to pick up a short-run advantage. Resignations frequently apply a negative effect gradually expanding outside influence inside an association. Regardless of whether just a single individual leaves, morals will suffer because the circumstance makes collaborators feel uneasy about their own particular circumstances. Representative takeoffs additionally have outcomes for administrators, whose command over activities makes them straightforwardly responsible for corporate execution. At the point when a staff part leaves, the administrator must figure out who can fill the void, and devise techniques to make up for his exit. At the point when top entertainers leave, they take more than their gifts to the opposition. There is additionally an immediate, quantifiable effect on the primary concern.

Yours Sincerely

Adebonojo

 

3)

Adebonojo

West Riverside Road, Immingham Dock

Immingham DN40 2NT

United Kingdom

25th July

 

SUB: Unemployment rules and the impact of such

Dear Bob,

I have been informed of the case that the order that was placed by Bob to Adebonojo had not been delivered properly and there was a delay in the delivery as well as the products that was delivered was not ordered by Bob. For this case, Bob can sue Adebonojo in terms of the Consumer Rights Act, 2015. Customer Rights 2015 have stated that the retailer is responsible for the delay and the condition of the products in anticipation of the point when they are received by the client or by somebody for the client.

This implies obligation lies with the retailer for the administrations given by the conveyance technique picked, and the conveyance firm is not at risk. A default conveyance time is 30 days due for the delivery that is stipulated, and during this time, the retailer needs to convey the merchandise in a palatable condition except if generally masterminded. In the event the conveyance of the buyer is late than concurred and the item was required by a particular time, the buyers have the privilege to end the contract and acquire a full discount. In the case for a payment of an uncommon conveyance or a specified timed delivery, the vender will be in break of agreement and the law serves to offer insurance.

For this reason, the buyer can get a refund for the products if the products were not delivered within a period of 30 days and the quality of the product is poor. For the case of online payments, the refund has to be completed within a time of seven days and if this is not done, the buyer will be able to sue the person in the court of law, provided the contract of sale.

Yours Sincerely

Legal Advisor

TASK 3:

Appropriate Legal solution for problems of Business (Memo)

 

 

 

Suggestion of solutions for legal problems (P4)

To:         Dean Rizvi Ltd

From:    Advisor

Date:      20th July, 2017

Subject: Explanation about Legal principle for paying John

In the case of paying John, Dean Rizvi LTD needs to follow the legal principle of payment law. The first principle is agreement between Dean Rizvi Ltd and John White that both of parties need to accept the terms and conditions of the contract agreement. Then consideration is a part of contract in which the company has made promised to pay the value for software programming cost to John. In the part of legality, the purpose of the contract needs to be accomplished based on acts of payments law (Bromley and Meyer, 2017, p.939). If the genuineness of the assent is breached by, the organisation in order to pay John, according to company law the organisation will be charged penalties with money and imprisonment. Here, of both company and John need to be performed completely the terms and conditions to make it Executed Contract (Bitzer and Glasbergen, 2015, p.39). The contract can be accomplished if all objective such as, agreement, consideration, legality, purpose of assent and the promises and offers of the contract, are covered. The effect of the intent of both John and Dean Rizvi Ltd is ascertained through the words, action and circumstances of agreement that has been made earlier between two parties.

To:        John White

From:   Advisor

Date:     20th July, 2017

Subject: Explanation of legal positioning and advising to John

In order to get money the incurred cost and expenses about 22,000 Euros, you need to know the legal positioning and principles. First, you need to speak with the owner of Dean Rizvi Ltd. and show them the agreement if you have any contract between you and the company. If you are unable to show it, then you can write a letter that consist about the amount, purpose, and legality papers or copies (Kolk, 2016, p.55). The effect of the intent of both John and Dean Rizvi Ltd is ascertained through the words, action and circumstances of agreement that has been made earlier between two parties. If any agreement has signed, you have rights to claim in Justice Court in UK based on the contract paper. If you are not able to do that, you can discuss the case with a good solicitor who has experience in debt recovery. Solicitor can take a legal action to recover your money. Otherwise you can contact some recovery agency in UK to take the legal action against Dean Rizvi Ltd with some fixed charged or commission from recovery money.  Moreover, you can file for copyright that protect the merits of your work and contract. An affordable action helps you to recover money. You need to file for copyright of all works thai is considered as process of project. If the genuineness of the assent is breached by, the organisation in order to pay John, according to company law the organisation will be charged penalties with money and imprisonment.

Justification for legal Solution (P5)

To:         Dean Rizvi Ltd

From:    Advisor

Date:      20th July 2017

Subject: Law Justification for Dean Rizvi Ltd’ Strategy

Equality Act 2010 over the equal pays that is based on equality of terms of Company laws. The act provides the rights to pay proper money to the workers. If any contract agreement is signed between the organisation and John and if the company fails to carry out the service of payments, the company will be charged under the section of Equality Act 2010. The term and conditions of agreement can be accomplished if all objective such as, agreement, consideration, legality, purpose of assent and the promises and offers of the contract, are covered (Smallbone et al. 2014, p.113). If the company makes any breaches in agreement of contract, then the based on UK parliament laws the owner of the company can get imprisonment for some years. Based on the agreement in which the company has made promised to pay the value for software programming cost to John. In the part of legality, the purpose of the contract needs to be accomplished based on acts of payments law.

The breach of contract depends on several factors such as, loss in profits, business sustainability and wasted expenditure (Yunus, 2017, p.36). The Judges of Justice Court first need to identify the breach in the agreement and after that, they can give judgement over the case. If the judges find that Dean Rizvi Ltd. then the company, need to pay the whole amount to John White and penalty for breaching the contract.

 

To:        John White

From:   Advisor

Date:     20th July 2017

Subject: Justification of advice about disturbing company asset by John

Based on Equality law 2010 if any agreement has signed, you have rights to claim in Justice Court in UK based on the contract paper. If you are not able to do that, you can discuss the case with a good solicitor who has experience in debt recovery. Solicitor can take a legal action to recover your money. Otherwise you can contact some recovery agency in UK to take the legal action against Dean Rizvi Ltd with some fixed charged or commission from recovery money. Under the act of Company Law, you can file for copyright that protect the merits of your work and contract. An affordable action helps you to recover money. You need to file for copyright of all works that is considered as process of project. If you are unable to show it, then you can write a letter to George, a liquidator of RBank that consist the amount, purpose, and legality papers or copies. If you are not able to do that, you can discuss the case with a good solicitor who has experience in debt recovery. Solicitor can take a legal action to recover your money. Otherwise, you can contact some recovery agency in UK to take the legal action against Dean Rizvi Ltd.

TASK 4

Craig & Sadie couture

West Riverside Road

England

 

AAD Fashion Ltd

Bostan Colony

Lahore, Punjab 54000, Pakistan

 

25th July 

SUB: Misrepresentation Act 1967 and Consumer Rights Act 2015

 

Consumer Rights Act 2015 mainly sheds light on an agreement between consumer and trader, service or digital content. The main criteria for this act are, the agreement needs to be a contract. This act has identified trader as the person who is responsible delivery of goods and services. This act covers the contracts such as sales contracts, hire or purchase agreement, contracts to hire goods and transferring goods. For the transport system, it also includes the transport or delivery of certain goods in time as per the contract. This act also includes ascertainment of goods, disposal reservation right. According to the sales contract, a consumer is responsible to make the payment of the total price. The Consumer Rights Act 2015 also gives importance towards the quality of the goods and the service. The supplier must maintain the quality of the good as contracts done in the agreement. This agreement also gives importance towards appearance and finish of the goods, freedom from minor defects, durability and safety of the products. Whether the supplier fails to meet the agreement details as per the contract made, they are liable of penalty to be paid against it. In the case of misrepresentation of goods Misrepresentation Act, 1967 can be followed. According to the Misrepresentation Act 1967, the seller is responsible for any kind of damages for misrepresentation to the goods. Whether any damages occur towards the goods, the seller will be responsible for the goods and the damages towards the goods. Misrepresentation also comes under the part 4A of the Unfair Trading Regulations 2008 (SI 2008/1277). In such cases, the organization practicing the misrepresentation will be liable to make the payment for the loss and might pay a penalty charge.

In the case of Craig & Sadie couture Vs AAD Fashion Ltd, a contract was signed between two companies where AAD fashion Ltd will supply garments of 50 tons within 20th of February in 2017. In the first attempt, AAD fashion failed to make the delivery within the due date. They made a promise to make the delivery within 28th of March. However, they failed for the second time as they again failed to make the delivery within the promised date. According to the Misrepresentation Act 1967 and Consumer Rights Act, 2015 AAD fashion Ltd failed to make the delivery of goods in time. This made them losing the contract worth £300,000.

As per the legal system of the UK, Craig Couture has the right to claim monetary demand of about £300,000 from AAD Company. The most significant aspect for this claim is the breaching of Contract that has been caused by AAD Company. On the contrary, both of the companies have conducted an arbitral clause for resolving the Contractual dispute. As for this reason, London Court of International Arbitration (LCIA) can host the event. However, Craig Company can demand to resolve the contractual dispute outside the traditional court but they can ask for the help of LCIA. Arbitration refers to the alternative dispute resolution (ADR) that conducts while disagreements in two organisations needs to resolve excluding the involvements of traditional court system (Schaltegger and Burritt, 2018, p.241). In order to organise an arbitration case, Craig Company can refer it to one or more persons AAD company, it refers as the case of an 'arbitral tribunal' and 'arbitrators' according to the UK legal system. In this case, this the court is going to state an award or  decision and in this case the plaintiff company Craig Couture has the right to provide the evidence of breach.  As in this case, the Commercial Transaction Dispute has occurred the commercial disputes is going to take place thoroughly. As per the Sale of Goods Act 1979, in case of any party leaves out any contract, which have been previously conducted, every formality and rights of property is to be conducted according to National Rules of plaintiff party.

However, the alternative dispute resolution is also known as Arbitration, which is applied by Craig Couture. In case of Institutional Arbitration, it is a significance intervention of institution, which takes important role in arbitration administering process. Thus, Craig Company also has their unique policies and rules for providing an arbitration framework for both the international and national companies like AAD in order to form a process assisting administration. On the contrary, ad hoc arbitration did not monitor or operate by any of DIFC, DIAC, LCIA and ICC. Thus, the Craig Company can also claim the amount as they have set a clause before the contract. Both the parties have noticed that the arbitration approach with cooperation but in case of proceedings of ad hoc method is more flexible than institutional, that AAD Company can conduct a negotiation. Along with this, the process is cheaper and faster than proceedings institutionally where; judges can impose more amount of monetary claim. However, the most significant advantage is the any administrative fees are not required. Thus, the Craig Company has to plate the case in the current circumstances. Thus, is to recommend that, in the ad hoc procedure needs to be done in case of this contractual dispute. However, in this process the AAD firm can get monetary benefits along with reduced legislative hazards. In addition to this, the bureaucracy of this process can delay the process, which might lads to high financial involvement. On the other hand, the unrealistic time needs to be controlled by the AAD company and it is beneficial for both plaintiff and defendant parties.  

Yours Sincerely

Craig & Sadie couture

Reference list:

Besley, T., 2015. Law, regulation, and the business climate: The nature and influence of the World Bank Doing Business project. Journal of Economic Perspectives29(3), pp.99-120.

Bitzer, V. and Glasbergen, P., 2015. Business–NGO partnerships in global value chains: part of the solution or part of the problem of sustainable change?. Current Opinion in Environmental Sustainability12, pp.35-40.

Bromley, P. and Meyer, J.W., 2017. “They are all organizations”: The cultural roots of blurring between the nonprofit, business, and government sectors. Administration & Society49(7), pp.939-966.

Buck, T., Kirkham, R. and Thompson, B., 2016. The ombudsman enterprise and administrative justice. United Kingdom: Abingdon, Routledge.

Correa, R. and Lel, U., 2016. Say on pay laws, executive compensation, pay slice, and firm valuation around the world. Journal of Financial Economics122(3), pp.500-520.

Coulter, S. and Hancké, B., 2016. A bonfire of the regulations, or business as usual? The UK labour market and the political economy of Brexit. The Political Quarterly87(2), pp.148-156.

DAILY, J.E., KIEFF, F.S. and WILMARTH JR, A.E., 2014. Introduction. In Perspectives on Financing Innovation. United Kingdom: Abingdon, Routledge.

Dowling, D.C., 2016. How to Determine Which Jurisdiction’s Employment Laws Reach Border-Crossing Staff. Lab. LJ67, p.347.

Kolk, A., 2016. The social responsibility of international business: From ethics and the environment to CSR and sustainable development. Journal of World Business51(1), pp.23-34.

Kopnina, H. and Blewitt, J., 2018. Sustainable business: Key issues. United Kingdom: Abingdon, Routledge.

Schaltegger, S. and Burritt, R., 2018. Business cases and corporate engagement with sustainability: Differentiating ethical motivations. Journal of Business Ethics147(2), pp.241-259.

Sheehy, B., 2015. Defining CSR: Problems and solutions. Journal of Business Ethics131(3), pp.625-648.

Smallbone, D., Welter, F. and Ateljevic, J., 2014. Entrepreneurship in emerging market economies: Contemporary issues and perspectives. International Small Business Journal32(2), pp.113-116.

Vosko, L.F., Grundy, J. and Thomas, M.P., 2016. Challenging new governance: Evaluating new approaches to employment standards enforcement in common law jurisdictions. Economic and Industrial Democracy37(2), pp.373-398.

Yunus, M., 2017. Social business entrepreneurs are the solution. In The Future Makers. United Kingdom: Abingdon, Routledge.

 

 



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