Business Law | My Assignment Tutor

Assignment Brief (RQF) Higher National Diploma in Business Student Name/ID Number: Unit Number and Title:Unit 7: Business LawAcademic Year: Unit Assessor: Assignment Title:Running a business with related legal conceptsIssue Date: Submission Date: Internal Verifier Name: Date:  Submission Format:-The assignment must be in a report format (including front page, table of content, introduction, content, conclusion/recommendation, references, appendix (if any); -Total wordings will be suggested around 3000-4500 (+/- 10% allowance); -Font size of words must be “Times Roman 12” or “Arial 11”; -Each page should be marked page number on the right hand corner of the page; -Sub-headings are required for related paragraphs’ illustration; -A plagiarism report must be attached with the submitted assignment; -Student number and student full name in English must be written in the covering of the assignment.  Unit Learning Outcomes:LO1: Explain the basic 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 organizations   LO4: Recommend appropriate legal solutions to resolve areas of dispute      Assignment Brief and Guidance:Scenario:   You are a solicitor and working in a famous legal professional consultancy firm as a legal consultant.  One day, your potential client, Marvin Lee, who is planning to open a café chain store in Hong Kong and asking for your legal advice for related issues.  Meanwhile, he is seeking an appropriate place for his café restaurant and preparing to employ working labour and office staff for his business running.  But he does not know whether there are certain ordinances for monitoring the recruitment, health and safety for working environment.  He has lots of inquiries about the problems in opening his business.  Therefore, you are hired and are preparing to answer his following questions.  A formal and detail business report with related legal concepts are required to submit to him according to his request:   Guidance: He requests a clear and detail of legal environment / system of Hong Kong and the differences between civil and criminal law.  How does the role of Hong Kong government in law-making together with the justice system and the organization of the judiciary.  Therefore, a precise structures of HK jurisdictions and the structures of the court together with a series of legal knowledge, such as statutory law, common law and equity and the principles of company law and contract are required to introduce to Mr. Lee. (LO 1)When Mr. Lee starts his café business, fundamental negligence in tort issues and consumer protection ordinances are required to recognize in order to avoid certain unnecessary liabilities being arisen in future.  At the meantime, competition ordinances in Hong Kong are also required to introduce to him in ensuring a fairness competition during the business operation.  Also health and safety issues for his employees/labours are required to set up in order to ensure all employees inside his organization are under protection and without against the related regulation of Hong Kong government.  (LO2)As Mr. Lee’s business will be running with the aid of computing literacy, therefore, a set of software security and data protection issues must be under consideration for his guidance.Since Mr. Lee will recruit a team of employees, including restaurant attendances and office administrative staff (e.g. for accounting, marketing, management and human resources departments), a detail and precisely contract law concept (e.g. employment contract, dismissal, redundancy and discrimination ordinances etc.) must be catered to him. (LO2)As Mr. Lee is still considering whether he should set up the firm in form of sole proprietorship or in partnership/limited companies, you are required to distinguish the differences (advantages & disadvantages) of these three types of companies.  A detail set up procedures in forming a company including registration, raising capital and liquidating process are required to illustrate for Mr. Lee’s consideration. (LO 3)As recently there have been lots of negative news about the failure of faithfulness among some companies’ directors, you are required to write for the role of the shareholders, a usual practice in appointing directors, company secretary/auditor and their responsibilities. (LO3)Highlight the general legal solutions for different types of dispute, such as:Area of employment (e.g. health & safety and equality of pay claims, compromise and severance agreements, wrongful or unfair dismissal claims); (LO4)Corporate and commercial disputes, e.g. breach of contract, contesting a damages claim and dispute between directors; (LO4)Commercial property problems, e.g. commercial lease transactions, real estate and investment properties. (LO4) Also explain the terms of Citizens advice and the role of Alternative Dispute Resolution (ADR), e.g. specific tribunals or the role of unions etc., to your potential client if there is any dispute occur during business operation in future. (LO 4)   A full business report with legal issues are required to submit to your potential client in order for his consideration in setting up the business. Learning Outcomes and Assessment Criteria:Learning OutcomePassMeritDistinctionLO1: Explain the basic nature of the legal systemP1: Explain different sources of law and laws that organizations must comply with.   P2: Explain the role of government in law-making and how statutory and common law is applied in the justice courts.M1: Evaluate the effectiveness of the legal system in terms of recent reforms and developments.        D1: 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.LO2: Illustrate the potential impact of the law on a businessP3: Using specific examples illustrate how company, employment and contract law has a potential impact upon business.M2: Differentiate and analyze the potential impacts of regulations, legislation and standards.LO3: Examine the formation of different types of business organizations  P4: Suggest appropriate legal solutions for a range of business problems e.g. termination of contract, rescue from insolvency and liquidation.   P5: Provide justifications for the use of appropriate legal solutions.M3: Assess the positive and negative impacts of legal solutions to business problems.D2: Critically review and evaluate the use of appropriate legal solutions in comparison with alternative legal advice.LO4: Recommend appropriate legal solutions to resolve areas of disputeP6: 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.


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