The aim of this unit is to enhance students’ understanding of how business law is applied to the running of a company. Students will gain knowledge of business law and examine the impact of the law on business operations and decision-making. Throughout the unit students will identify legal solutions available to business owners and assess their suitability. Their experiences in this unit will help them better understand the areas of law in which they will want to specialise. They 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. They will gain an understanding of the law in relation to market abuse and director responsibilities. Students will be able to recognise the application of employment law between employers and employees.
By the end of this unit a student will be able to:
1 Explain the basic nature of the legal system.
2 Illustrate the potential impact of the law on a business.
3 Suggest appropriate legal solutions to business problems.
4 Recommend appropriate legal solutions based upon alternative legal advice
provided.
What constitutes a legal system?
The purpose of law, the evolution of law and different sources of law.
The differences between statutory law, common law and equity.
Company law and contract law.
The role of government in law-making and the justice system.
Organisation of the judiciary.
Jurisdictions and the structures of the court.
The relationship between regulations, legislation and standards.
The implications and impacts of various legislation including environmental legislation, health and safety legislation and consumer legislation.
Legislation on data protection and confidentiality.
Rules and regulations relating to cyberspace security.
Employee legislation, equal opportunities and anti-discrimination.
Employment law and its impacts on business decisions and contracts: How employment is defined.
Application of law in cases of maladministration.
The responsibilities of directors and delegation of tasks.
How employer and employee relationships interact with employment law.
Consider the application of company law in forming companies, raising capital and correlation of pay and performance.
Termination of contracts, including employment.
Rescuing and liquidating companies.
Different legal frameworks and laws of different countries.
The role of unions
Citizens advice and the role of Alternative Dispute Resolution (ADR).
| LO1 Explain the basic nature of the legal system | ||
|---|---|---|
| Pass | Merit | Distinction |
| P1 Explain different
sources of law and laws
that organisations must
comply with. P2 Explain the role of government in lawmaking 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 (LO1 & 2)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 | ||
|---|---|---|
| Pass | Merit | Distinction |
| P3 Using specific examples illustrate how company, employment and contract law has a potential impact upon business. | M2 Differentiate and analyse the potential impacts of regulations, legislation and standards. | D1 (LO1 & 2) 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. |
| LO3 Suggest appropriate legal solutions to business problems | ||
|---|---|---|
| Pass | Merit | Distinction |
| P4 Suggest appropriate
legal solutions for a range
of business problems e.g.
termination of contract,
rescue from insolvency
and liquidation. P5Provide justifications for the use of appropriate legal solutions. |
M3 Assess the positive and negative impacts of legal solutions to business problems. | D2 (LO3 & 4) Critically review and evaluate the use of appropriate legal solutions in comparison with alternative legal advice. |
| LO4 Recommend appropriate legal solutions based upon alternative legal advice provided | ||
|---|---|---|
| Pass | Merit | Distinction |
| P6 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. | D2 (LO3 & 4) Critically review and evaluate the use of appropriate legal solutions in comparison with alternative legal advice. |
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.
This unit links to the following related units:
Unit 1: Business and the Business Environment