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: Student ID:Assessor name: Rumana RumuIssue date:Submission date:Submitted on:Programme: BTEC Level 5 Higher national Diploma in BusinessUnit: 7Assignment number and title: Unit 7: Business Law Student signature: Date: Business Law Guidelines ACTIVITY 1 1) Explanation of different sources of law and laws that organisations must comply with. (P1) Sources of Law Common lawEquity lawJudicial PrecedenceLegislation (Acts of Parliaments)European Union lawsInternational conventions.Writers and authorities. 1b) Laws that organisations must comply with. You are required to explain any FOUR sources. Health and safety at work Act 1974The Employment Act 2008Equality Act 2010Consumer rights Act 2015Data protection Act 1998Environmental protection Act 1990Trade union and labour relations (consolidation) Act 1992Computer Misuse Act 1990Copyright, designs and patents Act 1998Cyber Security Act 2015 2) Explanation of the role of Government in law marking and how statutory and common law is applied in the courts in England and wales. (P2) a) Define and explain the following arms of the Government MonarchExecutiveJudiciaryLegislature/parliament 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) Briefly discuss each stage of the law making procedures below. decision to legislatebill preparationbill – when introducedparliamentary stagesfirst readingsecond readingcommittee stagereport stagethird readinglater stages and house lordsroyal assent 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 justiceexplain 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 sentenceExplain the roles of the police, Crown Prosecution Service and Director of Public Prosecution Meets 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  Illustrate how company, employment and contract law has potential impact upon business using specific examples. (P3) Company Law Define company law and formation of accompanyStatus of company in law – Salomon vs Salomon caseCharacteristics of company (Transferability of shares, Legal personality, perpetual existence, Limited liability) Types of companyprivatepublicIllustrate how company law has a potential impact upon business. Employment law Define employment lawDistinguishing Employee from Self – EmployedControl test – Walker v Crystal palace FC 1910Integration test – Cassidy v Ministry of Health 1951Multiple test -Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance1968Mutuality obligation test-O’Kelly v Trust House Forte Plc 1983Illustrate how employment law has a potential impact upon business. Contract law Define Contract lawExplain Essential Elements of valid contractOffer – Carlill vs Carbolic smoke ball -1983Acceptance – Adams vs Lindell- 1818ConsiderationIntention to create legal relationsIllustrate how contract law has a potential impact upon business. This Task below meets evidence for Merit (M2) Differentiate and analyse the potential impacts of regulations, legislation and standards on businesses and organisations. Legislations – definition & explanation – Impacts on businesses and organisationRegulations – definition & explanation – Impacts on businesses and organisationStandards – definition & explanation – Impacts on businesses and organisation Activity 2 2(A) David is a sole trader in Liverpool. He registered as self-employed for National insurance and Tax purposes. David is now considering incorporating the business as a Limited Liability Company. Sole trader (P4) DefinitionAdvantages and disadvantagesHow sole trader are managed and funded. (P5)Management: owners.Source of Funding: Savings. Bank loans, personal borrowing Company (P4) Definition of companyAdvantages and disadvantagesHow Companies are managed and funded. (P5)Management: directors appointed by the shareholder.Funding:Private: savings. Bank loans, personal borrowingPublic: share issues, debentures, bank loans Processes of registering or formation/incorporation of company (P4)Legal advice – advice on whether to proceed with the incorporation or to remain as sole trader and give reason for your answers. (P6) (2B) LCS 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. Jackson who is a UK citizen with his family has applied on line for the post of the Marketing director and likewise Jackson’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, Jackson 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 LCS is cutting down its work force because it is not growing and the company is spending above its revenues. After 10 years of Jackson’s dismissal, LCS leaked his personal details to certain organisations and individual. Jackson also registered a company using LCS 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 (2C) Issues for identification, determination and discussions in scenarios – Data protection Act 1998 – Copyright, designs and patent Act 1988 Without prior consultation with employees LCS 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 LCS 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 Daniel in law. Daniel 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 2(D) Adam and Eve are engaged; Adam decided to give Eve a treat so they decided to have dinner in an Italian restaurant in the West end of London. Eve 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 Adam and Eve on their Negligence claims citing relevant case law. 1. Define Negligence 2. Essential elements or requirements of Negligence in law 3. 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. M4 based on the case of Donoghue v. Stevenson  recommend appropriate legal solution to the Parties engaged. Compare and contrast the effectiveness of these recommendations.
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