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Course / Award Pearson BTEC Level 5 HND in Business Management

Unit 7 Business Law – A1

Student Name Le Minh Loi

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Higher Nationals
Assignment Brief – BTEC (RQF)
Higher National Diploma in Business (Business Management)

Student Name /ID Number Le Minh Loi / 16BM40218

Unit Number and Title Unit 7 – Business Law

Academic Year 2018 - 2019

Assessor Phan Hoai Nam

Assignment Number and A1 – Law and the Legal System

Title 28 March 2019
Issue Date
Submission Date 28 April 2019

IV Name Ms. Nguyen Thi Toan Ngoc

Date

Submission Format:

The submission is in the form of an individual report. This should be written in a concise, formal
business style using single spacing and font size 13. You are required to make use of headings,
paragraphs and subsections as appropriate and all work must be supported with research and
referenced using the Harvard referencing system. Please also provide a bibliography using the
Harvard referencing system.

Unit Learning Outcomes:

LO1 Explain the basic nature of the legal system.

LO2 Illustrate the potential impact of the law on a business

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Assignment Brief and Guidance:

Task 1

Scenario

Your friend, Lien, intends to go into business in England but has no any information about the
English legal system. She comes to you, a solicitor in UKVN Legal Consulting, to research for
necessary information about it. A report to guide Ms. Lien is required from your director with full
following sections:

- Explain different sources of law and laws that organisations must comply with.
- Explain the difference between each of the following pairs:
 Public law and private law
 Criminal law and civil law
 Common law and equity
- Explain the role and importance of the doctrine of judicial precedent in English legal system.
What are the advantages and disadvantages of the doctrine?

Task 2

Ms. Lien, living in Manchester city, intent to start her own furniture business. She knew a very
little about the way to set up a company.

Advise Ms. Lien, explaining the way to choose a suitable type of business organization as well
as some of the legal issues that plague startups.

Task 3

Ms. Lien thought that the English Company law and Employment law are not important in her
business because of her small business with only five employees.

Helping Ms. Lien to identify the ways in which Employment and Company law are important in
her business.

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 Pearson Education 2018
Higher Education Qualifications

Assignment Brief

5
Learning Outcomes and Assessment Criteria
Learning Outcome Pass Merit Distinction

P1 Explain different sources M1 Evaluate the

of law and laws that effectiveness of the
organisations must comply legal system in
with. terms of recent
reforms and
developments.
LO1 Explain the P2 Explain the role of
basic nature of the government in law making
legal system
and how statutory and
common law is applied in
the justice courts
D1 Provide a coherent
and critical evaluation
of the legal system and
law, with evidence
drawn from a range of
different relevant
P3 Illustrate the potential M2 Differentiate
examples to support
impact of the law on a and analyse the
LO2 Illustrate the judgements.
business potential impacts of
potential impact of
regulations,
the law on a
legislation and
business
standards.

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STUDENT ASSESSMENT SUBMISSION AND DECLARATION

When submitting evidence for assessment, each student must sign a declaration confirming
that the work is

their own.

Student name: Assessor name:

Le Minh Loi Phan Hoai Nam

Issue date: Submission date: Submitted on:

28 March 2019 23/5/ 2019 23/5/2019

Programme:

Pearson BTEC Level 5 HND Diploma in Business (Management)

Unit 7 – Business Law

Assignment number and title:

A1- Law and the Legal System

Plagiarism

Plagiarism is a particular form of cheating. Plagiarism must be avoided at all costs and
students who break the rules, however innocently, may be penalised. It is your
responsibility to ensure that you understand correct referencing practices. As a university
level student, you are expected to use appropriate references throughout and keep carefully
detailed notes of all your sources of materials for material you have used in your work,
including any material downloaded from the Internet. Please consult the relevant unit
lecturer or your course tutor if you need any further advice.

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Student Declaration

Student declaration

I certify that the assignment submission is entirely my own work and I fully understand the
consequences of plagiarism. I understand that making a false declaration is a form of
malpractice.

Student signature: Date:23/5/2019

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 Achievement Summary

Pearson BTEC Level 5 HND Diploma Assessor

Qualification
in Business (Management) name Phan Hoai Nam

Unit Number Student

Unit 7: Business Law
and title name

Achieved?

Criteria To achieve the criteria the evidence must show that (tick)
Reference the student is able to:
First IV
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attempt Check

LO1 LO1 Explain the basic nature of the legal system

Explain different sources of law and laws that

P1
organisations must comply with.

Explain the role of government in law-making and how

P2 statutory and common law is applied in the justice
courts.

M1

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

Provide a coherent and critical evaluation of the legal

D1 system and law, with evidence drawn from a range of
different relevant examples to support judgements.

Illustrate the potential impact of the law on a

LO 2
business

Using specific examples illustrate how company and

P3
employment law has a potential impact upon business.

Differentiate and analyse the potential impacts of

M2
regulations, legislation and standards.

D1

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

Higher Nationals - Summative Assignment Feedback Form

Student Name/ID Le Minh Loi/ 16BM40218

Unit Title Unit 7 – Business Law
Assignment Number A1 Assessor Phan Hoai Nam
23/5/ 2019 Date Received
Submission Date
1st submission
Re-submission Date Date Received 2nd
submission
Assessor Feedback:

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* Please note that grade decisions are provisional. They are only confirmed once internal
and external moderation has taken place and grades decisions have been agreed at the
assessment board.

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Table of Contents

Introduction (14)

LO1: EXPLAIN THE BASIC NATURE OF THE LEGAL SYSTEM.

P1. Explain different sources of law and laws that organization must comply.(14)

P2. Explain the role of government in –law making and how statutory and
common law is applied in the justice court.(17)

LO2. ILLUSTRATE THE POTENTIAL IMPACT OF THE ON BUSINESS.

P3. Using specific examples illustrate how company law, employment, and contract
law has a potential impact on business.(19)

Conclusion (23)

References (24)

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Introduction
The business law report is to help Ms.Lien about her law and which to follow. Besides this
report covered the law that is applied to the company how she actually act. This report is
done in several parts. In one part there are explanations of various sources of business law
that are important for the company and these types of institution. The other part contains
the law act in real life of an employee also to the company.

LO1: EXPLAIN THE BASIC NATURE OF THE LEGAL

SYSTEM.
P1. Explain different sources of law and laws that organization must comply.

There are four sources of law that are enforced in the UK. The United Kingdom and
Northern Ireland are called UK. They consists four countries. They are England, Scotland,
Northern Ireland and Wales. Here between the nations some laws which applied throughout

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United Kingdom besides particularly this are enforced in just a single country or two or
more nations.

Foundations of United Kingdom law:

Four main bases. Those are

1. Legislation
2. The common law
3. The EU law
4. ECHR

Legislation

Legislation is the law which is made by the legislature. Acts of the Parliament is the most
important pieces and the base of the legislation. This Acts are the core part of it.

The main legislature is the UK parliament which is built in London. Legislation is the lone
body that has the power to pass that apply in all the four countries (William Eskridge Jr,
2007).

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There are two types of houses involves in the legislation. They are the House of the
Common and the House of the Lords (Norton, 2013).

There are individual power to pass any law to the other members of the parliament also
with the Britain. All of these legislatures has its individual website.

The legislation are separated into two parts. One is primary and the other is secondary
legislation.

 Primary legislation
 Secondary legislation

The primary legislation is parliament have the right to issue the secondary legislation.

The secondary legislation made by the representative of primary legislation authority.

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Common law

For the judicial judgement common laws are used. In case of terms common laws are used
also. Common laws are also called case law. The common laws include the laws of
criminal, the laws of contract, the tort law and the terms and conditions of agency.

The common law contains legal preference and judicial judgements.

The common law may seem similar to the civil laws but individual sources are the main
difference of it. Also the civil law is continuously updating process because of the changing
nature.

EU law

The law of European Union (EU) can be seem puzzling and impervious. However, the legal
structure of the EU is alike to a certain degree to that of the United States. Although the
parallels, there are significant changes, too. This broad resource will help lawyers
understand, European Union business law. Exceptional in scope and depth, this guide
consist of references to all of the important decisions of the European courts. It is
satisfactorily comprehensive and critical to serve as a beneficial research instrument for
those seeking to understand a specific area of the speedily increasing world of EU business
law (Fiebig, 2016).

Whenever the UK law and the EU law conflicts with the other the EU law take priorities.
As the United Kingdom is an associate of the EU which means the European law has
priority over the law that runs in the UK.

ECHR

The European convention on human rights also called ECHR. For being a member of the
EU the UK also is a participant of the ECHR.

The Agreement established the European Court of Human Rights (ECHR). If any person
who feels his or her civil constitutional rights dishonoured by a governmental person or
organisation he or she can put a case to the Court. Decisions finding damages are required
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on the States concerned and they are indebted to perform them. The Board of Ministers of
the Council of Europe monitors the carrying out of judgements, particularly to guarantee
payment of the amounts granted by the Court to the applicants in return for the harm they
have sustained (Letsas, 2009).

P2. Explain the role of government in –law making and how statutory and common law is
applied in the justice court.

There are four stages of law making. These stages are of law making are distinct.

In the first stage an election is done to select the particulars of government schedule. Then
several parties come out with some issues. These parties includes the political parties, the
socio economic situation. Then there a negotiation happened. This negotiation for join
operation in the upcoming agenda. After this the come out issues are identified.

Then the people who are appropriate are consult the agenda. The appropriate people are
ministers the political parties and others.

After this the proposal are created but the keep the people and social structure in mind.
Then proposal to bill conversion on the path of parliamentary counsel. Then the bill is
introduced in the parliament.

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The bill is sanctioned by the House of Lords and the House of Commons. Then if law gets
royal the law transformed into act (Adam Sheppard, 2017).

Foundation for common law as well as statutory law. The common law is made by the
observation of the past years. This law is common for all. This law is originated from the
past. There are two types of the common law. In one place where the decisions are approved
and become a new law and the other where the judges who passed the law interpret the law
and defines new-fangled limitations and also the differences with the previous law.

The body or organisation have the authority to pass the law in a state or city make the
statuary law. This law is mainly approved by several governmental organisations that
belong to the country.

Whenever new rule are enforced they are applied to the people who lives in the city and to
determine the out breaking problem and then reinforce the previous law. (Greenwalt, 2013).

LO2. ILLUSTRATE THE POTENTIAL IMPACT OF THE ON

BUSINESS.

P3. Using specific examples illustrate how company law, employment, and contract
law has a potential impact on business.

Corporate law: Every single company has to follow a law. There is a guideline for them
to follow. This law is called the corporate law. Corporate law is also called by company
law. The company law is made for the company to follow some guideline. In this guidelines
has the rights of the governing body, relation with the employee, what conduct to maintain
for persons, institutions, companies and the business (y Kenneth W. Clarkson, 2010).

There are two divisions of corporate law

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 1. Corporate governance
2. Corporate finance

Corporate governance is predominantly the study of the command relations between a

corporation's senior administrators, the board of directors and those people who elect them.
It is also influenced by a lot of stakeholders.

The exact area of finance that discuss about the financial decisions of the business or
company is called corporate finance (Vishwanath, 2007).

It includes these decisions

 Investment or capital budgeting decisions

 Financing decisions
 Day to day operations

Contract law of Employee: The relationship between the employee and the employer is
the contract of the employee. This contract is based on the employment relationship.
Contracts are extra widespread than offer letters. Typically consist of information such as
payment, benefits, responsibilities, and conditions under which a member of staff can be
terminated.

The employee contract can be written. But there is no rules it need to be written. It mainly
includes the rights of the employee. Such as

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  The statement of the employee contract
 The pension
 Dismissal notice (need to be fair)
 Minimum wages
 Sick leaves notice
 Health and safety protections
 Trade union
 Holidays
 Leave policies

An employer must provide a contract to the employee within the stating of the job and two
months. A good contract helps the employee to understand what he or she have to do and

what his or her responsibilities. Thus the employee what is expected for him or her
(Katherine V.W. Stone, n.d.).

If we look at the case scenario 1 & 3 there are two different scenario. In case 1 it is directed
to employee contract law or guidelines and in case 3 there is company law. In the first case
we see that due to cut throat rivalry in the local market, market is negatively affected. So
the owner of asked Mathew to accept a variation in the contract that to take only
commission. The owner ask Mathew to take only commission and forgone the salary
because the company was in financial difficulty. Mathew accepted the proposal and it
continued for two years. After some time the company started to be profitable so Mathew
feels that he should not enjoy only the commission but also the wages and also the wages
he forgone in the previous two years. As the company is becoming profitable and have
some incentive from the government and also making good money Mathew fells he should
have the wages back. So the advice is Mathew should ask for the salary of following year
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but it would not be a great result to ask for the money of previous years as he agreed the
significances (Alan Bogg, 2016).

For case number 2 the law that is applied is the corporate law. There we see Sarah try to
installed internet on a date. The engineer come and installed the internet. But there was no
point telephone on the switch board. The engineer left and said the arrangement of switch
board will be done in a short time. But he never returned on that day. Then Sarah called
several time to the company and after three weeks another engineer came and fix the phone
line. At the time of billing Sarah found out that the company charged her from the first
date. So Sarah has the right complain against the bill that the company ask for and she can
complain for the overestimation of the line.

In case 3, we see that the company has a loan which it cannot pay right now. But the creditor
is on a hurry. They do not want to give company time to gain the money. And also the
company did not wanted to be winded up right now. The creditor wants to winding up the
company and also goes to court. As there is a big repayment of loan need the company and
the company do not wants to be wind up. The company have to pay the loan but they are
not able to do it now. So they can sit with the stake holders of the company. They can sit
with the shareholders, the directors and also with the creditors. There they can share their
knowledge how they can raise the money and also the time for the company. There are
several ways to get time for the company in the business. They can go to the creditors and
ask for favour or they try to negotiate with them (Andreas Cahn, 2010).

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Conclusion

Law is created to keep the associated things in a discipline also in order. Business law is
also created for to keep the business in order. Therefore there are rules to do business. If
any of the rules are not maintained the business can be called illegal. Laws are created to
follow and the government of a country or the legal authority of a country are there for
those have violated the law. Business law is the law that a company should follow.
Whenever the law is not maintained the case law is introduced and start its work. If the
authority do not maintain the law the stakeholders face problems for this. That’s why every
company and organization should follow the law.

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References
Adam Sheppard, D. P. H. R. S. B., 2017. The Essential Guide to Planning Law: Decision-Making
and Practice in the UK. 1st ed. s.l.:policy Press.

Alan Bogg, M. F., 2016. The Contract of Employment. 1st ed. Oxford: Oxford University Press.

Andreas Cahn, D. C. D., 2010. Comparative Company Law. 1st ed. New York: Cambridge
University Press.

Fiebig, A., 2016. EU Business Law. 2nd ed. s.l.:American Bar Association.

Greenwalt, K., 2013. Statutory and Common Law Interpretation. 3rd ed. s.l.:Oxfrod University
Press.

Katherine V.W. Stone, H. A., n.d. Rethinking Workplace Regulation: Beyond the Standard
Contract of Employment. 1st ed. New York: Russell Sage Foundation.

Letsas, G., 2009. A Theory of Interpretation of the European Convention on Human Rights. 1st
ed. s.l.:Oxford University Press.

Norton, P., 2013. Parliament in British Politics (Contemporary Political Studies). 2nd ed.
s.l.:Palgrave Macmillan.

Vishwanath, S. R., 2007. Corporate Finance: Theory and Practice. 2nd ed. Thousand Oaks:
Response Books.

Weisgard, G. M., 2003. Company Voluntary Arrangements. 1st ed. s.l.:Jordan Publishing Limited.

William Eskridge Jr, P. F. E. G., 2007. Legislation and Statutory Interpretation, (Concepts and
Insights). 2nd ed. s.l.:Foundation Press.

y Kenneth W. Clarkson, R. L. M. F. B. C., 2010. Business Law: Text and Cases: Legal, Ethical,
Global, and Corporate Environment. 12th ed. s.l.:Cenage Learning.

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