LO1 Explain the nature of the legal system

Unit 7:                           Business Law

Unit code                                          H/617/0736

Unit level                                          4

Credit value                                      15

 

Introduction

The aim of this unit is to enhance students’ understanding of how business law is applied to the running of a business organisation. Students will gain knowledge of business law and examine the impact of the law on business operations and decision- making.

This is a prerequisite unit for those students studying the Law pathway.

Learning Outcomes

By the end of this unit a student will be able to:

1             Explain the nature of the legal system.

2             Illustrate the potential impact of the law on a business.

3             Examine the formation of different types of business organisations.

4             Recommend appropriate legal solutions to resolve areas of dispute.

Essential Content

LO1 Explain the nature of the legal system

The legal system:

What constitutes a legal system?

The purpose of law, the evolution of law and different sources of law e.g. legislation, directives, case law and treaties relevant to country.

Divisions and key terminology of the legal system e.g. court structures. The differences between civil and criminal law.

The justice system:

The role of government in law-making and the justice system. Organisation of the judiciary.

LO2 Illustrate the potential impact of the law on a business

The impact of Law:

Contract law e.g. the formation of contracts, the elements and terms of contract Competition Law

Data protection

The tort of negligence, consumer protection, health and safety and product liability

Duties of employer and employee e.g. the employment contract, employer obligations and employee rights in the work place.

Managing cases of dismissal, redundancy, discrimination, health and safety

LO3 Examine the formation of different types of business organisations

The nature and formation of a company:

Unincorporated V’s incorporated legal structures

Different types of business organisations and legal structures e.g. Sole trader, partnership and registered company

Classification of companies e.g. public and private companies, limited and unlimited

Starting up a business organisation and registration requirements

The management of a company e.g. appointment of directors, company secretary, auditor. The role of the shareholders.

The application of company law in forming different types of business organisations and companies, raising capital and liquidation.

LO4 Recommend appropriate legal solutions to resolve areas of dispute

Legal solutions for different types of dispute resolution:

Areas of employment e.g. health and safety, equality of pay claims, compromise and severance agreements, wrongful or unfair dismissal claims.

Corporate and commercial disputes e.g. breach of contract, contesting a damages claim, dispute between directors.

Commercial property e.g. commercial lease transactions, real estate and investment properties.

Alternative Dispute Resolution:

The role of Alternative Dispute Resolution (ADR) Civil litigation procedures and funding Tribunals

The role of unions Citizens Advice.

Learning Outcomes and Assessment Criteria

Pass

Merit

Distinction

LO1 Explain the nature of the legal system

 

P1 Explain different sources of law.

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.

LO1 and LO2

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 organisations are managed and funded.

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

D2 Critically evaluate the formation of different types of business organisations.

LO4 Recommend appropriate legal solutions to

 

resolve areas of dispute

 

P6 Recommend legal

M4 Compare and contrast

D3 Evaluate the

solutions for resolving a

different sources of legal

effectiveness of legal

range of disputes using

advice and support for

solutions, legal advice and

examples to demonstrate

dispute resolution.

support for dispute

how a party might obtain legal advice and support.

 

resolution.

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