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Explanation of different sources of UK law.

Assignment Brief (RQF)

 

Qualification

 

Unit number and title

 

 

BTEC Level 5 Higher National Diploma in Business

Unit 7: Business Law

 

Unit Code:

H/617/0736

Unit Level: 4

 

 

Guided learning hours:

60

Credit value: 15

 

 

Assessor:

 

Internal Quality Assurer:

 

 

 

 

 

 

 

Hand-out date

Submission deadline

 

23/09/2020

 

 

 

 

 

 

 

Assignment title

Unit 7: Business Law

 

 
               

 

 

 

 

 

 

Higher National Diploma in Business

Jan 2020 – Apr Semester

Unit 7: Business Law

The aim of this unit

The aim of this unit is to enhance students’ understanding of how business law is applied to the running of a company. You will gain knowledge of business law and examine the impact of the law on business operations and decision-making. Throughout the unit, you will identify legal solutions available to business owners and assess their suitability. Upon studying this unit, your experiences will help you better understand the areas of law in which you want to be specialised. You will be able to illustrate the impact of the law on normal business operations and when registering a company and inviting shareholders to invest in it. You will gain an understanding of the law in relation to director responsibilities and market abuse. You will also be able to recognise the application of employment law between employers and employees.

 

Activity 1 

You are a trainee in ‘Justice Solicitors’, assisting Maria Thompson, a partner in the law firm. The work relates to advising new start-up companies on the legal system and key legislations in running a business that all businesses are required to know and apply.

Maria Thompson wants you to provide a coherent and critical evaluation of the legal system and law, with evidence drawn from a range of different relevant examples to support your judgements. You have been asked to produce a Handbook for new companies in order to support your business advice and guidance. The handbook must cover the following areas:

  1. Explanation of different sources of UK law.
  2. Explanation of the role of Government in law-making and how statutory and common law is applied in the Courts in England & Wales.
  3. A coherent and 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.
  4. Illustrate how company, employment and contract law has a potential impact upon business, using specific examples.
  5. Differentiate and analyse the potential impacts of regulations, legislation and standards on businesses and organisations.               

Activity 2

You have completed your training at “Justice Solicitors” and have been fully employed in the firm as a legal adviser. Your first task is to critically review and evaluate the following legal cases using appropriate legal solutions in comparison with alternative legal advice.

(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.  

(b) Michael has been appointed as one of the Board of Directors of LSC Plc. Michael is wondering if he would be entitled to any pay for his services and would like to know how LSC Plc should relate this with its employees. Michael is also wondering as to what will happen when LSC Plc starts struggling to survive.

(c) LCS is a limited liability company in the UK, and it deals with the manufacturing and sales of household equipment. The Company has advertised various positions in the Metro Newspaper for recruitment. Jackson who is a UK citizen with his family has applied online for the post of the Marketing Director and likewise Jackson’s wife applied for the same position.

After having an interview, the company offered the job to the husband claiming he is the bread winner of the house and beside men are more energetic and stronger than woman. What are the legal implications of LCS action in terms of employment law?

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.

(d) After 10 years of Jackson’s dismissal, LCS leaked his personal details to certain organisations and individuals. Jackson also registered a company using LCS logo and symbol. Discuss the legal implications of the above scenarios.

The employees of ‘LCS Ltd’ were notified at the beginning of February that all employees are to work for compulsory overtime hours from March. However, no consultation was done with the employees prior to this notification.

Although the decision was happily accepted by some of the employees but Daniel, who is member of a Trade Union known as ‘Join Us’, did not agree to this. He therefore did not join other employees in carrying out overtime duties and resigned from his employment with effect from 31st of March. He is now thinking of suing ‘LCS Ltd’ on ‘CONSTRUCTIVE DISMISSAL’. He is now seeking your advice based on the Alternative Dispute Resolution (ADR) and different types of ‘ADR’. 

For each of the above four cases you are required to:

  • Suggest appropriate legal solutions for each case.
  • Provide justifications for the use of appropriate legal solutions to the above cases.
  • Assess the positive and negative impacts of legal solutions to the above business problems.

(e) 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 Ginger beer, she had a  sip of the Ginger beer, unknown to her the Ginger beer had a decomposed snail, she developed a stomach upset which resulted in her suffering from diarrhoea. She now seeks legal advice from you. Please advise Adam and Eve on their Negligence claims and answer the questions below.

 i. Define Negligence

 ii. Essential elements or requirements of Negligence in law citing relevant Case law.

 iii. Discuss how Negligence claims can be funded.

 
     

Unit 7: Business Law

Unit Learning Outcomes: Unit 7: Business Law

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 organisations

LO3 Recommend appropriate legal solution to resolve areas of dispute

Learning Outcomes and Assessment Criteria

Learning Outcome (LO)

Pass

Merit

Distinction

LO1

Explain the basic nature of the legal system

 

P1 Explain different sources of law and laws that organisations 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 business

 

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

M2 Differentiate between legislation, regulations, and standards to analyse potential impacts upon business.

LO3

Examine the formation of different types of business organisations

 

 

 

P4 Explore how different types of business organisations are legally formed.

P5 Explain how business organisation are managed and funded.

M3.Assess the advantages and disadvantages of the formation of different types of business organisations.  

D2 Critically review and evaluate types of business organisations. 

 

 

LO 4 Recommend appropriate legal solution to resolve areas of dispute

P6 Recommend legal solution for resolving a range of dispute using examples to demonstrate how a party might obtain legal advice and support.

M4 Compare and contrast different sources of legal advice and support for dispute resolution.

 

D3 Evaluate the effectiveness of legal solutions, legal advice and support for dispute resolution. 

Submission Format                                                  

All tasks should be written in the form of a report and submitted in Turnitin by the submission deadline. You should prepare your assignment in a way that all the learning outcomes are covered and the assessment criteria are answered appropriately. You are required to make use of headings, sub-heading, paragraphs, and subsections as appropriate and ensure that the report is justified aligned. You are required to use Microsoft Word and Times New Roman or Arial at size 12.

All work must be supported with research and referenced where appropriate using the Harvard Referencing System (HRS). The recommended word limit is 3500–4000 words, although you will not be penalised for exceeding the total word limit.

Instructions to learners for completion of this assignment

1. This assessment is designed to assess your achievement of all the Learning Outcomes and associated assessment criteria in the relevant unit of the qualification you are undertaking.

2. You should make sure that you plan your work carefully, to ensure that you cover all the requirements of the assignment and complete it within the time limit specified.

3. You must make sure that you acknowledge any sources you have used to complete this assignment, listing reference material and web sites used.

4. Your assignment should be your own work and you need to give reference to support and strengthen your work, where appropriate using the Harvard Referencing System (HRS).

5. You should also follow a recommended word limit as indicated in the respective assignment brief, although you will not be penalised for exceeding the total word limit.

6. You must include the declaration statement (given below) with your submission.

Declaration statement

I certify that the work submitted for this assignment is my own. I have clearly referenced any sources used in the work. I understand that false declaration is a form of malpractice.
  1. Explanation of different sources of UK law.

Further Guidance on assessment and grading

Each Unit will be graded as a Pass, Merit or Distinction as per achievement of the expected grades.

  • To achieve a Pass, you must have satisfied all the Pass criteria for the learning outcomes, against the specified Assessment Criteria for Pass.
  • To achieve a Merit, you must have satisfied all the Merit criteria (and therefore the Pass criteria) through high performance in each learning outcome.
  • To achieve a Distinction, you must have satisfied all the Distinction criteria (and therefore the Pass and Merit criteria), and these define outstanding performance across the unit as a whole.
  • If all the assessment criteria for Pass have not been achieved adequately, the work is graded as ‘Referred’.
  • Withheld: If the work illustrate more than the similarity % cap or concern over originality of part or all content of the work, it will be graded as ‘Withheld’. The student will then be interviewed to ascertain originality.
  • Late Submission: For any late submission without approved Extenuating circumstances prior to the set deadline, the grade is capped at a PASS.
  • Only one opportunity for re-assessment of the unit will be permitted. However, the coursework required a re-assessment will have its grade capped at a PASS.

Recommended resources


Books

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.

Journals

New Law Journal

International Journal of Law in Context

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