Purpose of this assignment
This assignment will test students' understanding of how business law is applied to the running of a company. Students will be expected to demonstrate knowledge of business law and the impact of the law on business operations and decision-making.
The paper has been split into four sections which will test learners on various aspects of business law. There will be both discursive questions and problem questions. You will be expected to show an understanding of the law by providing clear explanation of the relevant points of law and analysis of the given facts.
Section 1 - Nature of legal systems
a) Explain the structure of the English legal system and discuss the different sources of laws that organisations must comply with.
b) Explain the role of government in law-making and how statutory and common law is applied in the justice courts.
To achieve merit (M1)
- You will evaluate the effectiveness of the legal system in terms of recent reforms and developments. To achieve distinction (D1)
- Provide a coherent and critical evaluation of the English legal system and law, with evidence drawn from a range of different relevant examples to support your judgement.
Section 2 - Impact of the law on business organisations
To achieve criterion P3
a) Briefly explain employers' legal obligations in relation to;
i. Occupational Health and Safety
ii. Workers compensation
iii. Harassment
iv. Equal opportunities
b) A 16 year old girl was employed at a fast food outlet to cook fries at a frying range. She slipped on water leaking from an ice-making machine and instinctively put out her hand to break her fall. Unfortunately her hand went into the deep fat fryer containing oil at a temperature of 360°F and she sustained severe burns to her left hand and forearm. The outlet was short staffed on the day of accident and the Team Leader was working on the tills instead of monitoring workplace safety.
Explain how the relevant employment and contract law will have a potential impact upon the business in this scenario.
To achieve merit (M2)
You will differentiate and analyse the potential impacts of regulations, legislation and standards with regards the above scenario
Section 3 - Legal solutions to business problems
1) Calvin is a designer working for a large fashion house. Calvin is an employee at the firm and has worked there for 4 years. His employer Donna arrives at work on Monday morning and finds Calvin acting suspiciously. Donna checks the petty cash box and discovers that £100 is missing. Despite the fact that four other employees were in the vicinity at the time Donna came into the room she dismisses Calvin without any notice saying she ‘would not have a thief like Calvin working there any more'. Advise Calvin of any rights under unfair dismissal and wrongful dismissal protections.
2) Kevin's father Dan owns a small convenience store. A fire destroys the store. Dan eventually opens another store in a new location and he applies for fire insurance. The proposal that he fills out includes this question ‘Have you made any claims on an insurance policy in the last two years?' Dan answers ‘No'. He thought that the previous claim was more than 2 years ago. It was in fact 23 months ago. There is a fire in the new store and Dan suffers substantial damage. The insurance company refuses to pay the claim. Advise Dan.
To achieve a Pass
P4 - Suggest appropriate legal solutions for each of the above business problems.
P5 - Provide justifications for your solutions by either referring to a relevant statute or using an appropriate case.
To achieve merit (M3)
You will assess the positive and negative impacts of legal solutions to the business problems
To achieve distinction (D2)
You will critically review and evaluate the use of appropriate legal solutions in comparison with alternative legal advice.
Section 4 - Recommending appropriate legal solutions based upon alternative legal advice
a) Explain the concept and benefits of using Alternative Dispute Resolution process
b) Recommend an alternative legal solutions to the following business problem. You can consider another country's legal system or a different legal framework.
i. Antwon, who owns a large investment firm, is having a dispute with Tyrell, the owner of the company that makes the computer software Antwon's employees use to make their market predictions. The dispute has gone on for several weeks but the parties have been unable to come to a satisfactory solution. Antwon and Tyrell wish to maintain their working relationship with each other, as it is mutually beneficial, and they would like to resolve this conflict and move on with their other business concerns. With these facts, what is most likely the best way of resolving the dispute and why?
To achieve merit (M4)
You will compare and contrast the effectiveness of two different recommendations
To achieve distinction (D2)
You will critically review and evaluate the use of appropriate legal solutions in comparison with alternative legal advice.