Pearson BTEC Level 5 Higher National Diploma in Business
\nUnit 7: Business Law
\nAssignment Brief
\nPart 1<\/p>\n
Centre code 01018
\nUnit Number and Title Unit 7: Business Law
\nUnit type Core
\nUnit credits 15
\nUnit code H\/617\/0736
\nAcademic Year 2022
\nUnit Tutor
\nAssignment Title Legal Systems and the potential impact of law on
\nbusiness operations and decision making
\nIssue Date 05 September 2022
\nSubmission Date 05 December 2022 (Please submit Part1
\nand Part 2 as one document on Moodle)
\nUnit Introduction
\nThe aim of this unit is to enhance students\u2019 understanding of how business law is applied
\nto the running of a business organisation. Students will gain knowledge of business law
\nand examine the impact of the law on business operations and decision making.
\nThroughout the unit, students will identify the legal solutions available to business owners
\nand assess their suitability. The experience that students gain in this unit will help them to
\nbetter understand the different areas of law that apply. The unit will enable students to
\nillustrate the impact of the law on normal business operations and when registering a
\ncompany and inviting shareholders to invest in it. They will gain an understanding of the
\nlaw in relation to market abuse and director responsibilities.
\nStudents will be able to recognise the application of employment law while gaining a
\npractical understanding of the skills and experiences undertaken by those practising in a
\nbusiness law context.
\nUnit Theme Introduction
\nNA
\nUnit Theme Question
\nNA
\nVocational Scenario
\nYou have recently joined a law firm as a legal Helpant and your manager asked you to
\nwrite an essay which will help the new start-up companies to get the information on the
\nlegal system and about the key legislations that they are required to know for effectively
\nrunning their businesses. This essay must contain all salient legislation and the impact of
\nthe law on business operations and decision making.
\nSubmission Format
\nYou have recently joined a law firm as legal Helpant and your manager asked you to
\nprepare an essay which will help the new start-up companies to help gain knowledge of
\nbusiness law and examine the impact of the law on business operations and decision
\nmaking. The essay should include information about the key legislations that they are
\nrequired to know for effectively running their businesses.
\nPlease also provide a bibliography using the Harvard referencing system. The
\nrecommended word limit is 3,000 (+ \/- 10%) words, although you will not be penalised for
\nexceeding the total word limit.
\nUnit Learning Outcomes
\nBy the end of this unit a student will be able to:
\nLO1: Explain the nature of the legal system
\nLO2: Illustrate the potential impact of the law on a business
\nTransferable skills and competencies developed
\n\u2022 Explaining different sources of law, role of government in law making
\n\u2022 Evaluating the effectiveness of legal system in terms of recent
\nreforms and developments
\n\u2022 Critically evaluating the legal system and law, with evidence drawn from
\na range of different relevant examples to support judgments
\n\u2022 Illustrating , critically analysing and differentiating different legislation, regulations
\nand standards
\nAssignment activity and guidance
\nYour essay should include details of the legal system, the purpose, evolution and different
\nsources of law. You should explain the legislation, directives, case law and treaties
\nrelevant to country. The information and details provided in the essay should include key
\nterminologies of the legal system, court structures and divisions. You should also critically
\nreflect on the justice system, the role of the government in law making and evaluate the
\norganisation of the judiciary.
\nIn your essay, you should illustrate the potential impact of the law on businesses. This
\nshould include a coherent and critical Assessment of laws available to businesses, such as
\ncontract law, e.g. the formation of contracts, the elements and terms of contract; competition
\nlaw and data protection. Your Assessment should include a detailed evidence of the tort of
\nnegligence, consumer protection, health and safety and product liability. The essay should
\ninclude an Assessment of duties of employer and employee, e.g. the employment contract,
\nemployer obligations and employee rights in the workplace. Also provide a detailed analysis
\nof examples which demonstrate managing cases of dismissal, redundancy, discrimination,
\nhealth and safety.
\nPass Merit Distinction
\nLO1 Explain the nature of the legal system
\nLO1 and LO2
\nD1 Provide a coherent
\nand critical Assessment of
\nthe legal system and law,
\nwith evidence drawn from
\na range of different
\nrelevant examples to
\nsupport judgments.
\nP1 Explain different
\nsources of law.
\nP2 Explain the role of
\ngovernment in law
\nmaking and how statutory
\nand common law is
\napplied in the justice
\ncourts.
\nM1 Evaluate the
\neffectiveness of the
\nlegal system in terms
\nof recent reforms and
\ndevelopments.
\nLO2 Illustrate the potential impact of the law on a
\nbusiness
\nP3 Using specific
\nexamples, illustrate how
\ncompany, employment
\nand contract law has a
\npotential impact upon
\nbusiness.
\nM2 Analyse the
\npotential
\nimpact on business
\nthrough differentiation
\nbetween legislation,
\nregulations and
\nstandards.
\nPart 2
\nCentre name CECOS College London
\nCentre code 01018
\nUnit Number and Title Unit 7: Business Law
\nUnit type Core
\nUnit credits 15
\nUnit code H\/617\/0736
\nAcademic Year 2022
\nUnit Tutor
\nAssignment Title Legal solutions for dispute resolution
\nIssue Date 05 September 2022
\nSubmission Date 05 December 2022 (Please submit Part1 and
\nPart 2 as one document on Moodle)
\nUnit Introduction
\nThe aim of this unit is to enhance students\u2019 understanding of how business law is
\napplied to the running of a business organisation. Students will gain knowledge of
\nbusiness law and examine the impact of the law on business operations and decision
\nmaking. Throughout the unit, students will identify the legal solutions available to
\nbusiness
\nowners and assess their suitability. The experience that students gain in this unit will
\nhelp them to better understand the different areas of law that apply.
\nThe unit will enable students to illustrate the impact of the law on normal business
\noperations and when registering a company and inviting shareholders to invest in it.
\nThey will gain an understanding of the law in relation to market abuse and director
\nresponsibilities. Students will be able to recognise the application of employment law
\nwhile gaining a practical understanding of the skills and experiences undertaken by
\nthose practising in a business law context.
\nUnit Theme Introduction
\nNA
\nUnit Theme Question
\nNA
\nVocational Scenario
\nYou have to cover various legal problems affecting local businesses and suggest solutions
\nfor them. The areas of law to be considered contain company Law (including insolvency
\nand liquidation); contract Law (including termination of contract) and employment Law.
\nThe three cases which you need to cover in your report are given below. For each case,
\nyou need to apply and justify a legal solution to the problem.
\nSubmission Format
\nYour work should be in a Report Format to your manager and should include situational
\nsolutions for each case scenario provided below to show application of legal judgement.
\nThe report should be referenced using the Harvard referencing system. Please also
\nprovide a bibliography using the Harvard referencing system. The recommended word
\nlimit is 3000 (+ \/- 10%) words, although you will not be penalised for exceeding the total
\nword limit.
\nUnit Learning Outcomes
\nBy the end of this unit a student will be able to:
\nLO3: Examine the formation of different types of business organisations
\nLO4: Recommend appropriate legal solutions to resolve areas of dispute
\nTransferable skills and competencies developed
\n\u2022 Researching data to explore and find solutions
\n\u2022 Examining how organisations are managed and funded
\n\u2022 Comparing different sources of legal advice and support for dispute resolution
\n\u2022 Critically evaluating the effectiveness of legal systems
\nAssignment activity and guidance
\nIn part 2, you are required to examine the nature and formation of different types of
\norganisations and their legal structure. Classify the companies according to their nature and
\nlegal structure from the given solutions. The case solutions should include details of how
\nbusiness organisations are formed and registered, appointment of directors, company
\nsecretary and auditor as well as the role of shareholders. Your report should include
\napplication of company law in forming different types of business organisations and
\ncompanies, raising capital and liquidation. Through your report, you should demonstrate
\nyour understanding of relevant case law, indicating the importance of both common law and
\nlegislation to the development of company law and business formation and practice.
\nYou are required to provide legal solutions to various disputes provided in the cases.
\nAnalyse which areas of legal solutions apply to the disputes ranging from health and safety,
\nequality of pay claims, compromise and severance agreements, wrongful or unfair dismissal
\nclaims; corporate and commercial disputes, e.g. breach of contract, contesting a damages
\nclaim, dispute between directors; commercial property, e.g. commercial lease transactions,
\nreal estate and investment properties.
\nRecommend alternative dispute resolution where relevant. Through dispute resolutions, you
\nshould demonstrate your professional skills such as negotiation skills, communication skills,
\ncritical analysis skills and problem solving. The report should include:
\n\u2022 Analysis and application of employment laws
\n\u2022 Legal formations of each case
\n\u2022 Suggest an appropriate legal solution to each of the problems mentioned in the
\ncases
\n\u2022 Provide justification for the advice and solution given;
\n\u2022 Compare & contrast the effectiveness of these recommendations given in your
\npresentation;
\n\u2022 Critically and evaluate the use of the appropriate legal solutions suggested in
\ncomparison with alternative legal advice.
\nCase 1:
\nGordon works as a salesman in the Orange Computers Ltd store. His contract of
\nemployment provides for an annual salary of \u00a310,000 and commission payments (at 9%)
\non any computers and peripherals he sells. In the last three years, the commission
\npayments have amounted to an average of \u00a311,000 per annum.
\nIn 2015, due to cut throat competition in the local market, the business is adversely
\naffected. The manager, Fred, informs Gordon that the business is in severe financial
\ntrouble and that he must reduce the firm\u2019s outgoings. In response, Fred asks Gordon if he
\nwill forgo his salary for 2015, 2016 and 2017, and simply accept payments of commission.
\nFred explained to Gordon that this was required of him (and all other staff) or the business
\nwould probably not survive and it would have to be wound up owing substantial debts to
\ncreditors. As such, Gordon accepted the variation of the contract.
\nIn 2016, the economy began to grow, and in small part due to governmental incentives for
\ninvestment in information technology, the store has managed to trade its way through the
\ndifficult times and is making a healthy profit. As such, Gordon feels that he should be able
\nto receive his wages for 2017 and not simply have to rely on his commission as agreed in
\n2015. He also wishes to know if he can claim for his wages from 2015 and 2016 as
\nOrange Computers Ltd has sufficient profits to repay this money.
\nAdvise Gordon whether he can obtain his wages for 2017, and also whether he would
\nhave any claim for the wages he agreed not to accept in the year 2015 and 2016. Discuss
\nin context of contract law & employment Law.
\nCase 2:
\nAfter doing some research on the internet, Janet decided to call Virgin Media to arrange
\nthe purchase and installation of the internet package costing \u00a335.00 per month, including
\nthe phone lines (monthly line rental of \u00a311.00). The engineer came on the arranged date
\nat 9am and installed the internet. However, he could not find the telephone point on the
\nswitchboard and suggested that he will call his supervisor and come back. Janet waited
\nuntil 5pm that day for the engineer but he never returned back to complete the task. She
\ncalled the Virgin Media and complained about the engineer and that she still hasn\u2019t got the
\nphone line yet. Finally, after several calls and e-mails they sent another engineer to fix the
\nphone line after 3 weeks.
\nWhen the invoice from the Virgin Media arrived Janet was charged for the whole package
\nfrom the day the internet was installed including the monthly phone line rental. Janet is
\nextremely upset since she believed that her phone line should be charged after 3 weeks
\nonly.
\nAnalyse the legal position of the service provider (Virgin Media) and the consumer (Janet)
\non the basis of your understanding on the various elements of contract law.
\nCase 3:
\nBlackhorse Limited is a security company providing security guards to other businesses,
\nwhich is one of your client. The company has 50 employees. The company has minimal
\noverheads, apart from the “wage cost” of the employees.
\nThe company had four main customers, the largest of which failed leaving Blackhorse
\nlimited with a bad debt of \u00a3100,000. Since that bad debt was incurred three months ago
\nthe company has recovered its previous level of turnover, but that turnover is now spread
\nover ten customers.
\nThe cash flow reduction of \u00a3100,000 caused by the bad debt resulted in Blackhorse
\nlimited “stretching the due dates” of the payments needed to be made to the company’s
\ncreditors. One of those creditors issued a winding up petition two weeks ago and the court
\nis to consider whether or not to make a winding up order at a hearing set to take place in
\nthree weeks\u2019 time. Discuss the different options available to your client to avoid
\ncompulsory winding up.
\nPass Merit Distinction
\nLO3 Examine the formation of different types of business organisations
\nP4 Explore how different
\ntypes of business
\norganisations are legally
\nformed.
\nP5 Explain how business
\norganisations are
\nmanaged and funded.
\nM3 Analyse the
\nadvantages and
\ndisadvantages of the
\nformation of different
\ntypes of business
\norganisations.
\nD2 Critically analyse the
\nformation of different
\ntypes of business
\norganisations
\nLO4 Recommend appropriate legal solutions to
\nresolve areas of dispute.
\nD3 Critically evaluate the
\neffectiveness of legal
\nsolutions, legal advice and
\nsupport for dispute
\nresolution
\nP6 Recommend legal
\nsolutions for resolving a
\nrange of disputes, using
\nexamples to demonstrate
\nhow a party might obtain
\nlegal advice and support
\nM4 Compare and
\ncontrast
\ndifferent sources of
\nlegal advice and
\nsupport for
\ndispute resolution to
\nmake appropriate
\nrecommendations to
\nlegal solutions
\nRecommended Resources
\nPlease note that the resources listed are examples for you to use as a starting point
\nin your research \u2013 the list is not definitive.
\nRecommended Resources
\nTextbooks
\nADAMS, A. (2020) Business Law for Students. 11th Ed. London: Pearson.
\nELLIOTT, C. and QUINN, F. (2019). The English Legal System. 20th Ed. London: Pearson.
\nHONEYBALL, S. (2016) Honeyball and Bowers\u2019 Textbook on Employment Law. 14th Ed.
\nOxford: Oxford University Press.
\nMACINTYRE, E. (2018) Business Law. 9th Ed. London: Pearson.
\nMARSON, J. and FERRIS, M. (2016) Business Law. 4th Ed. Oxford: Oxford University
\nPress.
\nWebsites
\nwww.chambersstudent.co.uk
\nwww.lawdonut.co.uk
\nwww.lawinfo.com
\nChambers Student
\n(General reference)
\nBusiness Law Donut
\n(General reference)
\nLaw Info
\nLegal resources
\n(General reference)
\nLinks
\nThis unit links to the following related units:
\nUnit 1: Business and the Business Environment
\nUnit 29: Managing and Running a Small Business
\nUnit 31: Employee Relations
\nUnit 38: Law of Contract and Tort
\nUnit 39: Company Law and Corporate Governance
\nUnit 40: Consumer and Intellectual Property Law
\nAssignment Format\/Style
\nProduce a formal report\/paper that addresses all the tasks in the
\nassignment brief in task 1 and a power point presentation in task 2. You are encouraged to use
\ndiagrams or tables to illustrate and reinforce your findings, using single space and font size 12. Any
\nreferences to academic theory should be correctly cited and referenced in a bibliography at the end of
\nthe report. (Please do not copy and paste information).
\n\u2714 Fully completed assignment cover page
\n\u2714 Title page
\n\u2714 Table of contents
\n\u2714 Introduction
\n\u2714 Main body of the report clearly identifying the separate outcomes and assessment criteria
\n\u2714 Conclusion and recommendations (if relevant)
\n\u2714 References and bibliography
\n\u2714 Appendices only if relevant and necessary
\nAssignment Content
\nThe assignment brief includes headings relevant to the unit outcomes, read and follow the tasks listed
\nunder each heading and this will make certain that you cover all the outcomes and assessment
\ncriteria to achieve the unit.
\nAssignment Submission
\nAll assignments must be submitted by the agreed date, via MOODLE. Assignments submitted late,
\nbut with permission, will be marked as a pass only. Assignments submitted late, without permission,
\nwill not be marked until the end of the year, or the next time the unit is scheduled.
\nPlease ensure that your assignment is attached to the assignment submission receipt and that you
\nread and sign the statement confirming authenticity. Check that all relevant fields are completed fully
\nbefore submission.
\nAssignment Feedback
\nOnce the assessor has marked your assignment, you will receive written feedback, either confirming
\nthat you have met the required standard and grade awarded, or that you have not yet met the
\nstandard and what you need to do to make the necessary improvements. Please note that achieved
\nand confirmation of grades is provisional until signed off by the Internal Verifier.
\nStudent Guide to Writing an Assignment
\nThis is an assignment guide to help support you while completing your BTEC Assignments.
\nIt includes:
\n\u2b9a Assignment writing guidance
\n\u2b9a Referencing guidance
\nBibliography \/ References
\nPlease list down \u201cworks cited\u201d within the framework of enumerative bibliography \u2013 a list of references
\nto key articles and texts. Verify each reference carefully; the references must correspond to the
\ncitations in the text. The list of references should start on a new page and be listed alphabetically by
\nthe name of the author(s) and then by year, chronologically. Only the first author\u2019s name is inverted.
\nThe name of each author and the title of the citation should be exactly as it appears in the original
\nwork. More Information can be found in the College MOODLE in the General Information about the
\nHarvard Referencing.
\nRecommended Reading
\nStudents must consult College and local national library facilities. In addition, they need to read the
\nbroadsheet press and weekly business magazines regularly. You should also use relevant internet
\nsites regularly and identify key influences and recent and relevant research with regard to your
\nsubject area. You should read topic (sample nursing essay examples by the best nursing assignment writing service)al case studies and read about national campaigns and
\ngovernment initiatives in your area of interest. Following is the list of indicative resource materials.
\nStudent Assessment Submission and
\nDeclaration
\nWhen submitting evidence for assessment, you must sign a declaration confirming that the
\nwork is your own.
\nStudent
\nName: Assessor name:
\nIssue date:
\nSubmission
\ndate: Submitted on:
\nProgramme: Pearson BTEC Level 5 Higher National Diploma in Business
\nUnit: Unit 7: Business Law
\nPlagiarism
\nPlagiarism is a form of cheating. Plagiarism must be avoided at all costs and students who
\nbreak the rules, however innocently, may be penalised. It is your responsibility to ensure
\nthat you understand correct referencing practices. As a university level student, you are
\nexpected to use appropriate references throughout and keep carefully detailed notes of all
\nyour sources of materials for material you have used in your work, including any material
\ndownloaded from the Internet. Please consult the relevant unit lecturer or your course tutor if
\nyou need any further advice.
\nStudent declaration
\nI certify that the assignment submission is entirely my own work. I fully understand the
\nconsequences of plagiarism. I understand that making a false declaration is a form of
\nmalpractice.
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