Professional Documents
Culture Documents
Law
Submission
Date:
-‐
03rd
March
2011
Rohit
Joshi
Student
ID:
-‐
13898
Business
Law
-‐
13898
2
Introduction
The
history
of
English
Law
can
be
traced
back
to
the
Norman
Conquest
period
in
1066,
where
William
the
Conqueror
set
up
his
own
court.
The
judges
were
responsible
touring
around
Britain
and
settling
disputes.
Around
1160
in
times
of
King
Henry
II,
the
king
decided
to
divide
the
country
into
circuits
and
these
tours
became
more
regular
and
additional
laws
were
made.
The
judges
took
their
experience
and
when
returned
to
London
all
the
ideas
were
discussed
to
help
solve
present
and
future
cases
relating
to
the
people.
The
phase
of
Common
Law
came
from
there.
Britain
still
follows
Common
Law;
though
various
laws
have
been
added
and
edited
over
time
according
to
cases
and
situations.
Common
Law
Also
know
as
Judicial
Precedent
is
extremely
important
in
our
system
and
it
refers
to
law
that
judges
make
or
amend
through
decision
in
past
verdicts.
Common
law
has
a
“Stare
Decisis”
principle
that
means
like
cases
should
be
treated
alike.
All
lower
courts
in
hierarchy
are
bound
to
follow
higher
courts
decisions
that
are
based
on
previous
verdicts.
If
there
have
been
no
previous
decisions
made
on
a
point
of
law
than
the
judge
will
come
to
a
decision
with
reference
to
similar
ones.
In
some
scenarios
like,
to
avoid
following
the
same
pattern
of
previous
decision
judges
can
use
distinguishing
as
a
tool
as
it
helps
keep
common
lax
flexible.
After
considering
the
facts
of
the
case
the
judge
can
distinguish
it
from
previous
cases
and
refuse
the
earlier
decision.
For
example
Airedale
NHS
Trust
v
Bland,
NHS
had
asked
Court
to
decide
if
treatment
of
patient
could
be
withdrawn,
as
there
was
no
scope
of
life,
and
thus
let
the
patient
be
allowed
to
die
peacefully.
Common
law
creates
a
certainty
in
law
as
the
decisions
are
fairly
and
likewise
treated
in
the
interest
of
justice
and
solicitors
are
able
to
advise
their
clients
on
the
outcome
of
case.
As
most
of
the
cases
do
have
an
existing
solution,
it
helps
develop
the
law
society
and
save
time
of
Court
and
the
people.
Most
of
the
business
practices
are
based
upon
contracts
and
many
decisions
have
influenced
the
development
in
UK.
For
example,
RBS
v
Etridge
–
created
the
Etridge
rule;
the
procedure
lender
must
go
before
he
lends
money
to
joint
tenant
of
a
house.
Though,
considering
all
the
above
factors,
the
system
is
too
rigid
and
it
neither
helps
in
enhancing
existing
laws
not
developing
new
one.
The
strict
rules
can
also
affect
business
harshly
as
old
existing
cases
are
favoured
over
and
linked
than
considering
individual
scenarios.
This
in
turn
creates
confusion,
as
there
could
be
hundreds
of
similar
case
without
any
relevant
outcome
to
be
followed.
Business
Law
-‐
13898
3
If
by
any
case
the
law
is
considered
for
changing,
than
the
procedure
is
painfully
long.
Statute
Law
Statute
Law
is
a
group
of
laws
that
have
been
passed
by
government
to
deal
with
certain
specific
situations
or
problems.
The
legislation
has
the
authority
to
make
a
law
that
they
believe
is
good
to
tackle
certain
situations.
The
procedure
for
making
a
statute
law
is
by
passing
a
bill
in
House
of
Parliament
and
the
bill
is
decided
by
votes.
If
appropriate
votes
are
received
it
becomes
a
law.
Statue
Laws
have
a
major
impact
on
they
way
businesses
in
UK
operate,
as
they
are
various
laws
in
practice,
which
eventually
affects
them.
These
include;
Employment
laws,
Tax
laws,
Business
formation
laws,
Environmental
Laws,
Consumer
Protection
Laws
etc.
Few
of
the
laws
that
have
been
passed
on
have
affected
many
businesses
like
the
following
ones:
-‐
• Companies
Act,
which
was
passed
in
2006
especially
for
small-‐scaled
business
to
simplify
their
practice
by
not
having
secretary
and
Annual
General
Meeting.
But
this
act
has
over
1,200
sections
in
it
and
thus
making
it
more
complicated
than
trying
to
simplify
it.
• Equality
Act,
which
was
passed
in
recently
in
2010,
grants
all
pregnant
women
who
have
worked
for
more
than
26weeks
in
companies
right
to
maternity
leave
of
12months.
If
the
employer
attempts
to
get
rid
of
the
employee
he
faces
sexual
discrimination
and
heavy
damages.
There
are
many
laws
which
the
businesses
have
to
face
such
as
Consumer
laws
which
deals
with
frauds
or
unfair
business
practice;
Environmental
Laws
which
relates
to
recycling
laws
and
usage
of
hazardous
chemicals
and
waste
structure;
Trademark
and
Patent
Laws
that
relates
to
ownership
of
inventions
and
Intellectual
Property
rights
etc.
These
laws
have
imposed
financial
burden
and
discourages
many
businesses
being
set-‐up
in
the
UK.
Equity
Law
Equity
Law
supplements
Common
Law
and
deals
with
the
loopholes
left
behind
from
Common
Law
where
the
dealings
have
been
unfair.
Delays
faced
with
the
hearings
and
issues
with
damages;
the
Equity
Law
fills
the
gap.
The
following
remedies
are
available:
-‐
Specific
Performances
(tasks
that
are
forced
to
carry
out),
Rescission
(to
restore
position
before
agreement
is
in
place),
Rectification
(any
changes
to
contract
to
show
true
intention)
and
Injunction
(activity
being
stopped).
Equity Law will always prevail during conflict between Common Law and
Equity Law.
However,
in
Seager
v
Copyden
–
Equity
was
used
to
prevent
Copyden
from
using
the
information
of
an
invention
to
his
own
benefits.
The
information
given
must
be
respected
and
kept
confidential.
Equity
is
mainly
concerned
with
maintaining
confidentiality
and
trusts
and
it
still
remain
important
part
in
UK’s
legal
system.
New
remedies
have
been
introduced
but
injunction
remains
the
most
important
and
useful
during
domestic
violence.
In
2009,
British
Airways
cabin
crew
were
planning
for
the
biggest
domestic
strike
and
the
court
prevented
trade
unions
to
take
any
actions
and
was
disputed.
The
UK
joined
EU
in
1972,
thus
as
per
EU
law,
if
any
conflict
between
the
laws
than
the
EU
law
will
prevail
over
the
English
Laws.
There
have
been
many
areas,
which
have
been
affected
since
joining
the
EU.
For
example
trades
in
Europe,
employment
and
gender
rights
are
all
affected
by
rules
of
EU.
The
following
are
the
few
cases
where
businesses
have
been
affected
in
the
UK:
-‐
• The
law
enacted
by
European
Court
of
Justice
for
Shipping
Act
1988
whereby
Non-‐British
Ships
which
were
banned
from
fishing
in
UK
waters
was
not
compatible
with
free-‐trade
which
is
the
main
treaty
of
EU
and
hence
they
ruled
out
that
has
threatened
livelihood
of
fishing
around
British
waters.
• In
MacCarthy’s
v
Smith
in
the
year
of
1980,
The
European
Court
radically
intervened
an
equal
pay
for
women
and
men
and
there
should
not
be
any
difference
in
payment
between
genders.
Word
Count
–
1220
Bibliography
Abbott,
Keith.
(2007).
Business
Law.
8th
Edition,
Thompson
Learning.
For
Case
Reference
British
and
Irish
Legal
Information
Institute.
http://www.bailii.org/.
Accessed
on
28th
February
2010.