Paranika Law

Higher Nationals
Internal verification of assessment decisions – BTEC (RFQ)

INTERNAL VERIFICATION – ASSESSMENT DECISIONS
Program title HND in business management
Assessor K. Devashan Internal Verifier T. Haimy Premila
Unit(s) Unit 07: Business Law
Assignment title Explain the basic nature of the legal system and illustrate the potential impact
of the law on a business.
Assess the advantages and disadvantages of the formation of different types of
business organizations.
Student’s name Paranika Gunaratnam
List which assessment Pass Merit Distinction
criteria the Assessor has
awarded.
INTERNAL VERIFIER CHECKLIST
Do the assessment criteria awarded

match those shown in the assignment Y/N
brief?
Is the Pass/Merit/Distinction grade

awarded justified by the assessor’s Y/N
comments on the student’s work?
Has the work been assessed
Y/N
accurately?
Is the feedback to the student:
Give details:
• Constructive?
Y/N
• Linked to relevant assessment
criteria? Y/N
• Identifying opportunities for

improved performance? Y/N
• Agreeing actions? Y/N
Does the assessment decision need

Y/N
amending?
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Higher Nationals - Summative Assignment Feedback Form
Student Name/ID Paranika Gunaratnam/PG53186
Unit Title Unit 7: Business Law
Assignment Number 01 Assessor K. Devashan
25.10.2022 Date Received 1st 25.10.2022
Submission Date
submission
18.11.2022 Date Received 2nd 18.11.2022
Re-submission Date
submission
Assessor Feedback:
LO1 Explain the nature of the legal system

Pass, Merit & Distinction P1 P2 M1 D1
Descriptions
LO2 Illustrate the potential impact of the law on a business
Pass, Merit & Distinction P3 M2 D1

Descripts
LO3 Examine the formation of different types of business organizations
Pass, Merit & Distinction P4 P5 M3 D2

Descriptions
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Pearson
Higher Nationals in
Business
Unit 07: Business Law
Assignment 01
General Guidelines
1. A Cover page or title page – You should always attach a title page to your assignment. Use the
previous page as your cover sheet and make sure all the details are accurately fi inlled.
2. Attach this brief as the first section of your assignment.
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4. All the assignments should be printed on A4-sized papers. Use single-side printing.
5. Allow 1” for the top, bottoming, and right margins and 1.25” for the left margin of each page.
Word Processing Rules
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2. Use 1.5 line spacing. Justify all paragraphs.
3. Ensure that all the headings are consistent in terms of font size and font style.
4. Use the footer function in the word processor to insert Your Name, Subject, Assignment No,
and Page Number on each page. This is useful if individual sheets become detached for any
reason.
5. Use the word process applications ion spell check and grammar fictionisation to editing your
assignment.
Important Points:
1. Carefully check the hand-in date and the instructions are given assignment. Late submissions will
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oct apply (in writing) for an extension.
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then be asked to complete an alternative assignment.
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HARVARD referencing system to avoid plagiarism. You have to provide both in-text citation
and a reference list.
9. If you are proven to be guilty of plagiarism or any academic misconduct, your grade could be
reduced to A REFERRAL or at worst you could be expelled from the course
Student Declaration
I hereby, declare that I know what plagiarism entails, namely to use another’s work and to present it as
my own without attributing the sources in the correct way. I further understand what it means to copy
another’s work.
1. I know that plagiarism is a punishable offence because it constitutes theft.

2. I understand the plagiarism and copying policy of the Edexcel UK.
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assignments for this program.
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own, and where I have made use of another’s work, I will attribute the source in the correct way.
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[email protected] 25.10.2022
Higher National Certificate/Diploma in Business
Assignment Brief
Student Name /ID Number Paranika Gunaratnam/PG53186
Unit Number and Title Unit 7: Business Law
Academic Year 2022
Unit Tutor K. Devashan
Assignment Title Explain the basic nature of the legal system and Illustrate the
potential impact of the law on a business.
Assess the advantages and disadvantages of the formation of
different types of business organizations.
Issue Date 25.09.2022
Submission Date 25.10.2022
IV Name & Date
Submission format
SECTION A:
The submission should be in the form of an individual written report. This should be written in a concise, formal
business style using single spacing and font size 12. You are required to make use of headings, paragraphs and
subsections as appropriate, and all work must be supported with research and referenced using Harvard
referencing system.
The report - The recommended word count is 2500–3,000 words for the report although you will not be penalized
for exceeding the total word limit.
SECTION B:
This should be a 10-minute individual presentation prepared using a relevant software that includes a 5 minutes
question and answer session. The presentation slides and speaker notes should be attached together and submitted
as one copy. Students are required to make effective use of headings, bullet points and subsections as appropriate.
Research should be referenced using Harvard referencing system.
The recommended length is 1500–2000 words, including speaker notes, although students will not be penalized
for exceeding 2000 words.
Unit Learning Outcomes:

LO2 Illustrate the potential impact of the law on a business
LO3 Examine the formation of different types of business organisations
Learning Outcomes and Assessment Criteria
Pass Merit Distinction
P1 Explain different M1 Evaluate the LO1 and LO2

sources of law. effectiveness of the legal D1 Provide a coherent
P2 Explain the role of system in terms of recent and critical evaluation of
government in law reforms and the legal system and law,
making and how statutory developments. with evidence drawn from
and common law is a range of different
applied in the justice relevant examples to
courts. support judgments.
LO2 Illustrate the potential impact of the law on a

business
P3 Using specific M2 Analyse the potential

examples, illustrate how impact on business
company, employment through differentiation
and contract law has a between legislation,
potential impact upon regulations and
business. standards.
LO3 Illustrate the potential impact of the law on a D2 Critically analyse the
business formation of different
types of business
P4 Explore how different M3 Analyse the organisations.
types of business advantages and
organisations are legally disadvantages of the
formed.
formation of different
types of business
P5 Explain how business
organisations.
organisations are
managed and funded.
Assignment Brief and Guidance:
Section A
Scenario:
You are working in a law firm and advising new start-up companies on the legal
system and key legislations that they should know and how such legislations apply to
their companies. You have been asked to produce a handbook for the new companies in
order to support the business advice and guidance given by you.
The handbook is expected to flow through a clear structure from the beginning
explaining evolution of law, various sources of law available and the practice of
different legal systems. An explanation and a critical reflection of the legal aspects that
are relevant for new businesses that the start-up companies should be aware of (need to
demonstrate strengths and weaknesses by using examples). An explanation regarding
different aspects of operating and winding up businesses should be included. It is
essential for new business organizations to understand the importance of complying
with governmental regulations, thus the handbook should contain an explanation on the
role of the government in law-making. To further specify, the report should explain and
evaluate the potential implications of law on a business such as including but not
limited to company law, contract law and employment law etc.
A section in the handbook should also be dedicated to differentiating between

legislation, regulations and standards and the applicability of them in businesses with
examples.
Section B
Scenario:
In your role as a paralegal, you have been invited to attend a Small Business Expo
conference that will be held in Sri Lanka. You will be doing a presentation as a guest
speaker on how different types of organisations are legally formed and provide local
advice and guidance to the businesses.
Present an introduction to different types and classification of business organizations in

both public and private sectors, providing specific examples to illustrate how
organizations are being formed in different legal structures. A critical review of the
advantages and disadvantages of forming different types of organizations in the light of
various legal structures is expected to be addressed with an evaluation of how different
organisations are managed and funded in both public and private sectors e.g. limited
companies, social enterprises, corporations, co-operatives. Provide a specific example
of each category.
Grading Rubric
Grading Criteria Achieved Feedback
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.
P3 Using specific examples, illustrate
how company, employment and
contract law has a potential impact
upon business.
P4 Explore how different types of
business
organisations are legally formed.
P5 Explain how business organisations
are
managed and funded.
P6 Compare and contrast different
sources of legal advice and support for
dispute resolution to make appropriate
recommendations to legal solutions.
M1 Evaluate the effectiveness of the
legal
system in terms of recent reforms and
developments.
M2 Analyse the potential impact on
business through differentiation
between legislation, regulations and
standards.
M3 Analyse the advantages and
disadvantages of the formation of
different
types of business organisations.
M4 Recommend legal solutions for
resolving a range of disputes, using
examples to demonstrate how a party
might obtain legal advice and support.
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
judgments.
D2 Critically analyze the formation of
different types of business
organizations.
D3 Critically evaluate the effectiveness
of legal solutions, legal advice, and
support for dispute resolution.
HEIGHER NATIONAL DIPLOMA IN
BUSNIESS MANAGEMENT
Table of Contents
SECTION A
1.0 Business Law...............................................................................................................16
2.0 Legal system.................................................................................................................17
3.0 Court structure for England..........................................................................................18
4.0 courts system for Sri Lanka..........................................................................................20
5.0 Comparison among court structures of Sri Lanka and Britain.....................................21
6.0 Source of law................................................................................................................22
6.1 Legislation law.........................................................................................................22
6.2 Common law............................................................................................................22
6.3 European union law..................................................................................................23
7.0 The role of the government in law-making..................................................................24
8.0 Potential impact of law in business...........................................................................25
8.1 Contract law.............................................................................................................25
8.2 Tort of Negligence...................................................................................................25
8.3 Company law...........................................................................................................26
8.4 Employment Law.....................................................................................................27
8.5 Copy Right Law.......................................................................................................28
9.0 Provide suitable legal guidance to settle types of disputes..........................................29
10.0 Give legal recommendations for settling a variety of conflicts using examples to
show how a site might get legal assistance and guidance..................................................29
11.0 Differentiate between legislation, regulations, and standard.....................................31
12.0 Alternative Dispute Resolution..................................................................................32
SECTION B
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G. PARANIKA BUSINESS LAW PEARSON ID: PG53186
BUSNIESS MANAGEMENT
SECTION- A
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1.0 Business Law
Many of the issues in business law and commercial law overlap, making it common for
attorneys who practice one to also be knowledgeable in the other. The selling and supply
of products, as well as the funding of specific transactions, are the main topics of
commercial law. Business law is concerned with the additional facets of business, such as
incorporation, mergers and acquisitions, shareholder rights, and real estate matters like
renting out an office or warehouse space. A lawyer with knowledge in both of those areas
will very probably be required by a company that sells products (Encyclopædia
Britannica, 2022).
State and central laws both govern business law. Frameworks and funds, workplace safety
and service rules, and conservation protections are generally governed by the federal
government. States may, however, add to these federal regulations and enact additional
legislation in specific areas, such as licensing requirements for particular professions and
guidelines for starting and operating legal businesses (Encyclopædia Britannica, 2022).
Commercial law is primarily governed by the Uniform Commercial Code (UCC). The
UCC is a set of model laws for selling goods, leasing goods, tradeable goods, and
protected contacts. All states have adopted some form of her UCC, but each state is free
to change the law as it sees fit. In many situations, at least some of the UCC rules have
changed to suit your needs, so it's important to have an attorney familiar with the UCC
enacted in your state (Encyclopædia Britannica, 2022).
Business law includes all laws governing the formation and operation of companies. It
includes all laws governing the establishment, purchase, management, closing, or sale of
any type of business. A lot of professional code deals with different kinds of business
organizations. There are strategies that determine how each type is formed and executed.
This includes, among other things, guidelines for corporations, partnerships, and limited
liability companies. All state and federal laws and administrative regulations are part of
business law (Encyclopædia Britannica, 2022).
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2.0 Legal system
The UK Legal Service is a complex organization of federal and state government

departments. The British structure is the highest law in the country. Next comes the
Commonwealth Law ratified by the British Parliament. It does not prepare Congress to
pass laws that govern the states in all circumstances. Different countries and regions have
different legal systems due to differences in decision-making processes, administrative
standards, cultural and religious aspects. The United Kingdom of Great Britain and
Northern Ireland is made up of four different jurisdictions, each with its own court system
and legal profession. When the United Kingdom (UK) joined the European Union (EU) in
1973, European law was incorporated into British law. Concerns about EU law are
mitigated by recognizing the jurisdiction of the European Court of Justice.
The Quadrilateral House consists of 659 members of the Diet, elected by a simple
majority every five years. The House of Lords is made up of lifetime peers, awarded civil
servant peers, and a number of hereditary peers. Although there is no written constitution,
the monarch is the supreme authority of the crown. Many of the relationships between
sovereigns and parliaments are customary rather than statutory. The third section consists
of constitutional conventions that have no legal authority but are binding. The UK
structure does not formally separate powers but can be identified as a legal entity that
constitutes a national branch. The Prime Minister, other government ministers, civil
servants, police, and military members form the executive branch. The legislative branch
consists of the monarch, the House of Commons, and the House of Lords, while the
judiciary consists of the monarch, legally qualified judges, and magistrates. The monarch
is a member of all three of his branches, but the government exercises most of its
statutory powers. In general, in today's world, he has five major legal systems. They are
the civil law, common law, customary law, religious law, and mixed law (Deraram,
2020).
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3.0 Court structure for England
Figure 1- Court Structure for England and Wales (libguides.bodleian.ox.ac.uk)
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England and Wales share a unified court system based on common law principles that
originated in medieval England. Scotland and Northern Ireland each have their own legal
systems. While the Northern Ireland court system is very similar to that of England and
Wales, the Scottish court system is a hybrid model combining elements of common law
and civil law (Jorgensen, 2020).
In England and Wales most, civil cases are heard in county courts. Many specialized
courts have been established to resolve specific types of civil disputes. B. Relating to Tax
and Employment and Immigration and Asylum Cases. All criminal cases are sent to
magistrates' courts, while more serious crimes are sent to criminal courts (Jorgensen,
2020).
The High Court functions as both a court of the first instance for high-value civil claims
and as an appellate court for civil and criminal cases. It consists of three divisions: The
Queen's Bench, the Chancery Division, and the Family Division (Jorgensen, 2020).
The Court of Appeal functions solely as an appellate chamber. The Civil Division hears
appeals from the High Court and the County Court, and the Criminal Division hears
appeals from the Crown Court (Jorgensen, 2020).
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4.0 courts system for Sri Lanka
Figure 2 Court-structure of Sri Lanka (hrlibrary.umn.edu)

Sri Lankan law is based on the English common law system. As a result, English legal
principles such as precedent (lower courts follow the High Court's reasoning in similar
subsequent cases) and ratio decisioned (reasons for judgment) govern the interpretation of
case law. Civil cases are heard in the district courts, while criminal cases are heard in the
magistrate's courts and the high courts. Decisions in these cases can be appealed to the
Court of Appeal and then to the Supreme Court. Sri Lanka Parliament Act. The law is
available in the Act of Parliament.
The term 'regulation' primarily refers to legislation adopted during the British rule, while
the term 'act' or 'deed' refers to more recent legislation. In most laws, Congress delegates
ruling minorities to organizing (executive) bodies. Rules or regulations issued by these
bodies are published in the Official Gazette.
All the case law cited here are from the Sri Lanka Law Reports (SLR). Before the SLR,
there were New Law Reports (NLR). Whenever there is a reference to NLR, remember
they are older than SLR! The cases on this site are just a handful of cases decided on
human rights, known in Sri Lanka as essential rights. However, you will be able to have a
reasonable thought of Sri Lanka’s human rights by analysing these cases.
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Some laws existing on this site oct have been amended. However, most amendments are
not available electronically. The only way to access the most recent amendments would
be to obtain a paper copy from the Sri Lanka Publication Bureau (hrlibrary.umn.edu,
2021)
5.0 Comparison among court structures of Sri Lanka and Britain
In the UK judicial structure, magistrates' courts hear all criminal cases and some types of
civil cases. However, according to the Sri Lankan structure, it only hears minor criminal
cases. The High Court hears serious criminal cases of all kinds. The British structure has
a main court called the Crown Court, which is not found in the Sri Lankan structure. The
Crown Court hears civil and criminal cases.
However, in the Sri Lankan system, Supreme Court cases are heard by three judges.
Finally, in the British court system, the High Court is divided into lower courts. Like
Queen's Bench Division, Chancery Division, Family Division. However, the Supreme
Court in Sri Lanka's court system is divided in form by process. like trial by judge, trial
by jury, or trial by lawyers (Uniassignment.com, 2019)
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6.0 Source of law
The sources of the law are the founding documents and enforcing statutes that provide
any state the authority to rule its territory. The phrase "source of law" can be used to
describe either sovereignty or the location of authority where laws are enacted. Law,
common law, The European Convention on Human Rights, European Union law, and
case law are the four primary sources. British law. The entirety of UK law is not
contained in a single body of papers (Neelakandan. lk, 2021).
6.1 Legislation law
This process is indirectly employed by local, state, or national legislators to draft and pass
legislation. In addition, it is also used when referring to administrative regulations and
ordinances established by administrative agencies to fulfill legal obligations such as
ordinances. In addition to the legislative body, the executive branch is also involved in
legislation. A law cannot become a law without executive approval unless the executive
veto power is overridden by a substantial majority of both houses of the legislature.
Executive work requires more than just support or resistance. As heads of state and
political figures, the executive branch actively participates in shaping government policy
and often in drafting laws. The federal structure of the United States makes legislation a
difficult subject. All states have the power to make laws that apply only to their borders.
A country enacts laws that apply to the whole country as long as it is within its
constitutional jurisdiction (law.cornell.edu, 2022).
6.2 Common law
A collection of spoken laws drawn from past cases is known as common law. Courts
create common law by hearing a variety of cases and establishing a standard for their
resolutions. This process is used to create laws, as opposed to civil law, which results
from legislation authorized by legislative bodies or regulations created by the
government's executive branch (learn.financestrategists.com, 2022).
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6.3 European union law
The legal system of the European Union regulates international law. EU law bodies
generally have some distinctive elements that are not found in international law. For
example: B. The ability of a citizen to assert rights protected by EU law in the courts of
EU Member States. International law usually requires the transposition of laws into
domestic law. In addition, the domestic laws of EU member states sometimes fall behind
her EU laws. A central principle of EU law is the rule of law. Its activities are based on
agreements ratified by Member States. The idea of representative democracy also applies
to the EU, as both the European Council and the European Parliament represent citizens
at the level of the EU and the European Union Council. Britain has left the European
Union. As of December 31, 2020, the UK Parliament and Parliament have jurisdiction
over her EU legislation affecting the UK. This law is available online at
legislative.gov.uk. As with other national legislation, it is updated at legation.gov.uk.
(legislation.gov.uk, 2022).
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7.0 The role of the government in law-making
Most forms of justice support both customary and statutory law. These laws are very
important in many respects. Common law refers to statutes made on the basis of recent
court decisions, while statutes refer to statutes enacted by various government agencies.
Similar to how judicial courts work, case law is used to reach further conclusions. For
similar cases, the judgment of the High Court is a precedent. Since there is no statute in
current common law, other judges will interpret the statute as it is, setting new boundaries
and distinctions for various judicial proceedings.
A defined structure on which decisions are based facilitates a suitably expedited court
proceeding. But a particular bad judgment of the High Court is not a standard of common
law that seeks to overturn previous judgments. The Obiter dictum, which refers to the fact
that a truly binding decision is a rational decision or the reasons for a decision, deals with
grounds of precedent. Laws are created so that citizens can codify laws in their favour and
find solutions to many problems. They cover the entire area of law exclusively regulated
by law. There are various situations where common law does not apply. Therefore, the
law applies to such special cases. Fisher v. Bell shows how judges use golden, ominous,
and literal rules to interpret the law. In this case, the shopkeeper was selling knives at the
window and was arrested for selling assault weapons. The court ruled that the law was
applied literally because it was the invitation to treatment, not the offer of treatment, that
was involved. (Nester, 2014).
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8.0 Potential impact of law on business
8.1 Contract law
Contract law is the branch of the law that deals with making and upholding contracts.
A deal that is essentially economic in nature constitutes a legally binding contract. It
involves the purchase, lease, or rental of goods or services. Do 100 transactions most
likely
They work in the company every single day. A contract that a judge might uphold is
described as a contract. Contract law is a collection of legislation that governs the
development of contracts, their execution, and the establishment of fair restitution in the
event of an infraction. Contract law is applied in business dealings. Both businesses and
consumers use contracts to buy and sell goods, license goods or services, enter into
employment agreements, enter into insurance agreements, and for a variety of other
purposes. When contracts are in place, transactions proceed smoothly and without
misunderstandings. They give parties the confidence they need to conduct business.
Contracts help to ensure that all parties to a transaction are aware of its terms.
8.2 Tort of Negligence
A tort is an unlawful act committed by one party against another party. Negligence is a
type of tort that occurs as a result of a specific type of loss or damage that occurs between
parties who are not in contract with each other, and there is nothing one party can sue the
other. Negligence An individual or entity must meet several requirements to successfully
file a claim. These three basic elements – negligence due diligence, breach of the standard
of care and duty, and damages and causality – are what the tort law system bases its
decisions on.
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8.3 Company law

Company law also known as corporation law in some countries, regulates the formation
and management of corporate organizations. In the UK, the institution in responsibility is
the Corporate Law and Governance Directorate of the Department for Business,
Enterprise, and Regulatory Reform (BERR), formerly the Department of Trade and
Industry (DTI).
This directorate also represents the interests of the UK in the creation of EU company
law. It is crucial to remember that while some matters linked to corporate governance are
covered by the law, others are covered by standards of quality standards. The main statute
is the Companies Act of 2006. (CA 06). The largest single piece of legislation ever
enacted by the UK Parliament; this new Act is the product of eight years of consultation
on business law reform. All of the company law provisions of CA 85, CA 89, and CA 06
have been consolidated into CA06, which is also known as the Companies (Audit,
Investigations and Community Enterprise) Act of 2004 (C (AICE) 04).
The elements of those acts that weren't covered by CA 06 have to do with investigations
that cover more than just businesses or community enterprise businesses. These artifacts
are listed in paragraphs 9 and 10 of the explanatory notes of CA 06, which are accessible
on the BERR Companies Act websites. CA 06, which replaces CA 85, effectively repeals
about two-thirds of CA 85. For the government, CA 06 was motivated by increased
shareholder participation and the promotion of long-term investment perspectives as
opposed to decisions focused on immediate profits. Additionally, it made an effort to
lower expenses for businesses by "thinking small first," keeping in mind that the vast
majority of UK businesses are small.
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8.4 Employment Law
Specifically for firm owners who must comprehend UK employment law while
continuing to manage and expand their day-to-day operations, employment law oct
initially appears complex and varied. The many employment regulations that exist serve
to protect businesses by defining their obligations to their employees and their rights as
business owners. They claim that both parties benefit equally from the working
arrangement. Because they outline what should be in a contract, such as vacation pay,
disciplinary processes, and formal notice periods, employment laws in the UK, for
example, safeguard firms. By giving clarity and a point of reference to make sure that the
employer and employee are on the same page, contracts protect employers. However, UK
employment laws also exist to protect workers against unethical hiring procedures,
workplace harassment, and pay inequities. Employers must pay workers in the UK the
National Minimum Wage based on their age, and all workers over the age of 23 are
additionally entitled to the National Living Wage.
Several rules govern different facets of how you should do business and behave as an
employer in the UK. Some of them will be instantly identifiable to you since you
encounter them frequently, while others oct only appears occasionally. Some of these
laws will expressly address workplace equality issues, which are essential to preventing
the aforementioned discrimination claims. Others are more focused on making sure that
your business runs effectively and safely. Here, we give a brief overview of some of the
most important employment laws that affect UK business owners. Think of it as a
succinct review of the most crucial employment legislation. Acts of Employment laws:
Employment Relations Act 1999 Employment Rights Act 1996 Maternity and Parental
Leave etc. Regulations 1999 National Minimum Wage Act 1998 Part-Time Workers
Regulations 2000.
The employer-employee relationship, which has grown to be legally protected over time,
is the basis of the employment relationship in Sri Lanka. The rights and obligations of the
Master and servant relationship about third parties are where English Law was most
obviously influenced. To regulate matters relating to different parts of employees,
however,
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numerous more statutes have been passed. This level of protection is only given to
employees who are strictly given that designation. As a result, in this context, the
distinction
between Independent Contractors and Workmen has been upheld. The Industrial Disputes
Act No. 43 of 1950, the Wages Board, the Employees Trust Fund Act, the Employees
Provident Fund Act, the Shop and Office Employees Act No. 19 of 1954 Maternity
Benefits Ordinance, Workmen's Compensation Ordinance, Factories Ordinance, Trade
Union Ordinance No. 14 of 1935, and other regulations were passed to make the
employer-employee relationship easier, particularly about the rights of the employees.
8.5 Copy Right Law

Includes all literary and artistic creations, including those that do not require registration
under the Act but are nonetheless automatically protected by law. Examples include
books, films, music, paintings, pictures, folklore, sound recordings, and computer
programs. According to Section 13(1) of the Act, "economic and moral rights shall be
protected during the lifetime of the author and for a further period of 70 years after his
death," whereas Sections 13(2), 13(3), 13(4), and 13(5), respectively, indicate protection
for joint authorship, collective work, anonymously published work, and work of applied
art.
Copyright, Designs, and Patents Act 1988
The Copyright, Designs, and Patents Act of 1988 governs copyright in the UK at the
moment. It gives writers of plays, songs, and other creative works the power to choose
how their works are used. The rights cover broadcasting, public performances, copying,
editing, issuing, renting out, and lending copies to the general public. The creator often
has the right to assert his or her authorship and to object to any misrepresentations of their
work.
Copyright is applicable when a person or organization develops a work if it is thought to
be original, demonstrates evidence of labour, skill, or judgment, and is produced by that
person or organization. Interpretation has more to do with independent production than it
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does with the concept that inspired

it. For instance, while the actual substance of a book you write would be protected, your
book idea would not. In other words, if they do not explicitly copy or modify your book
to do so, someone else is still free to publish their book based on the same concept.
Names, titles, brief phrases, and colours are not typically
regarded as distinctive or significant enough to be covered, but a design that combines

these components, like a logo, can be.
9.0 Provide suitable legal guidance to settle types of disputes.
Difficulties are typically advantageous since they oct be resolved through negotiation.
However, there will inevitably be disputes when the parties are unable to reach an
understanding and need unbiased counsel to settle their differences as well as appropriate
legal remedies. In some situations, going to court is the best course of action:
Both partners originated from the same country, and they share the same places,
languages, and cultural traditions. It is important to understand that the claim wouldn't
cost much. The likelihood of winning an appeal outweighs the advantages of a speedy
resolution. There are no large mutual claims, and the business partnership is small to
medium-sized. Relationships in the business world nowadays can take many various
shapes.
10.0 Give legal recommendations for settling a variety of conflicts using examples to
show how a site might get legal assistance and guidance
The cost of charge business is impacted by taxes. A rise in corporation tax, for instance,
has the same impact as rising prices. As a result, adding it to the price of a certain
consumer commodity will increase the cost. Management changes frequently result in
changes to the law. As an effect, it can have an effect and call for modification. For
instance, firms oct find it more difficult to turn a profit when the federal minimum wage
is increased because they must find more money to pay their workers. Legal support can
be used to cover the costs of legal counsel, family mediation, and court or tribunal
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representation. It was established to

guarantee that anybody in the country, irrespective of wealth, could use the judicial
system. The system preserves two key principles of a democratic society: everyone is
entitled to a fair trial and equal treatment under the law. Moreover, as stated in Article
6[4] the right to a fair trial is protected under the Human Rights Act of 1998, although it
could be jeopardized if a person is unable to afford legal counsel. The provision
of legal aid in both civil and felony cases. But over time, changes have been made to both
the extent of the program for legal aid and who qualifies. Everyone is allowed freedom. if
they are detained and taken to a police station, legal representation. But a choice must be
made. if the subject qualifies for legal aid whether they face charges or not It's a civil case
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11.0 Differentiate between legislation, regulations, and standard
Legislations
The Legislature enacts and upholds laws through its legislative process. The legislative
process entails considering the language used in the bill to convey the resolution's values,
judgments, and goals, as well as evaluating, revising, and voting on proposed laws. The
most crucial government tool for establishing society's structure and safeguarding citizens
is legislation. It specifies the duties and rights of people to whom the Constitution is
applicable (tandfonline.com, 2016).
Regulation
A government or other governing body enacts regulations to control how something is
done or how people behave. Regulations are essential to the smooth operation of
economies and society. While being marketable, they protect citizens' rights and security.
ensures that essential goods and services are available. Regulators, on the other hand, are
rarely pricy.
Standard
Manufacturers, sellers, buyers, customers, trade groups, users, or regulators are examples
of people with specific competence in their sector. A standard is a method of committing
to doing anything, including the creation of a product, the management of a process, the
supply of materials, or the rendering of services. Standards serve as a symbol of
knowledge. They function well as tools to encourage creativity and increase output. They
can raise people's quality of life and help businesses prosper.
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12.0 Alternative Dispute Resolution
If possible, manufacturing firms in Sri Lanka use Alternative Dispute Resolution (ADR)
techniques such as arbitration, conciliation, collective bargaining, and industrial courts to
resolve labor problems rather than going to court. Therefore, the purpose of this study is
to determine how much ADR is used in Sri Lanka's industrial sector. Three
manufacturing companies in Sri Lanka were included in a multiple case study that
addressed the aforementioned research challenge. Data collection methods that took into
account the opinions of both employers and employees included semi-structured
interviews. The case study survey results showed that despite the lengthy litigation
process's significant downsides, ADR procedures were used less frequently than they
were in comparison to litigation (papers.ssrn.com, 2015).
This means that organizations do not profit from employing ADR, and the litigation
process still has its inherent disadvantages. Additional research found that the current
ADR system's inefficiency was the main cause of its lower usage. In this study,
improvements are advised for the development of ADR to align it strongly with
successful settlements, which will boost its use. As utilization grows, the organization
will simultaneously gain from lower litigation downsides and the advantages of ADR.
Authorized individuals will receive information from this study about current ADR
practices and areas that still need to be improved. The report highlights the importance of
employing ADR instead of litigation techniques when appropriate for corporate
management and staff (papers.ssrn.com, 2015).
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SECTION- B
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The organization has many definitions, such as an entity formed to carry on the
commercial enterprise is referred to as a business organization. This type of organization
is based on legal systems that govern contract and exchange, property rights, and
incorporation. The organization is divided into two groups as public sector and the private
sector. The public sector contains Government Companies, Public cooperation, and
Departmental undertakings on the other hand Sole proprietors, partnerships, and company
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The Public Sector refers to the portion of a country's economy that is under the control of
the government, whether it is central, state, or local. The basic objective is to serve the
citizens of the country. Raises money from Public Revenue like tax, duty, penalty, etc.
Public sector areas are Police, Army, Mining, Health, Manufacturing, Electricity,
Education, Transport, Telecommunication, Agriculture, Banking, Insurance, etc
The Private Sector refers to that part of a country's economy that is owned and controlled
by private individuals or companies. The objective is Earning Profit. Raises money by
issuing shares and debentures or by taking a loan. Private sector areas are Finance,
Information Technology, Mining, Transport, Education, Telecommunication,
Manufacturing, Banking, Construction, Pharmaceuticals, etc
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A sole proprietorship also known as individual entrepreneurship, sole trader, or simply

proprietorship is an unincorporated entity owned by one person only. It is the most basic
legal structure of a business entity. A sole proprietorship, unlike partnerships or
corporations, does not set up a separate legal entity from the owner. As a result, the
entity's owner is fully liable for any liabilities incurred by the business. Want to register
another name register under Act 6th of 1918? Sole proprietorship organizations are only
dependent on one person because of this the person continuously needs to run for the
money. The mode of investment is asking the family or friends to invest in the business,
apply for loans and apply for business grants. Examples of Sole proprietorship are
Designers and plumbers as sole traders, who don’t need to register their business This is
because it isn't a separate legal entity, in the way that a limited company is. As a result, a
benefit of working as a sole trader is you can start working right away. The only thing
sole traders are legally required to do after having started working this way is register as
self-employed for tax purposes. As a sole trader, start-up costs are minimal. Given there
are no other owners of the business to share profits with, everything a sole trader makes
after tax and expenses is theirs to keep. Unlimited liability means responsible personally
for any debts and losses of the business, whether that’s outstanding tax, office rent, or
equipment costs. a sole trader business doesn’t carry with it the perceived prestige of a
limited company. Generally speaking, lenders are warier than sole traders because of the
unlimited liability aspect and, in some cases, because of the private nature of these
businesses. As a result, when sole traders do secure finance, the amount you’re able to
borrow might be lower than a limited company, and the rates not quite as favorable
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A partnership is a type of business in which two or more people share ownership as well
as responsibility for leading the business and the income or losses generated by the
business. That income is paid to partners, who then claim it on their tax returns – the
business is not taxed separately, as corporations are, on its profits or losses. A connection
resembles a legal partnership and frequently entails close cooperation between persons
who share certain rights and duties. Partnership business registered under Act 1840Act no
7 of 2007 restricts the maximum level of partners is 20 members. These are the four acts
that control the partnership such as. Act no 7 of 1840 is about an agreement such as the
capital is more than LKR1000 the partnership wants to be established in written format
and all the partners want to sign in it. It is straightforward to form a partnership business.
It requires fewer legal formalities, and the cost is also low. The registration of the firm is
also not required to create a partnership business. Only the partners should have an
agreement between them. A partnership firm usually has a lot of members. Since the
members agree to share profits and losses equally, the risk is also shared by all the
members. A partnership has a more expansive scope than a sole proprietorship business.
In a partnership business, the partners agree to share all the losses and profits between
them. The partners are also entitled to take responsibility for all the debts, even if they are
not their debts. The liability of all the partners is not limited.
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A company is a legal entity formed by a group of individuals to engage in and operate a

business. Company oct is organized in various ways for tax and financial liability
purposes depending on the corporate law of its jurisdiction. Company registered under
Act no 7 of 2007.2 Types of Companies are Private limited company and Public limited
company
The advantage of the company is the liability of the Company's shareholders is generally
limited. There are companies with unlimited liability as well. However, when compared
to sole proprietorships and partnerships, which have unlimited liability, the companies
fare better in terms of attracting funds. Shareholders' shares of the company can be easily
marketed on the Stock Exchange. Other types of business face significant constraints.
This trait of transferability promotes the habit of investing in people. The company's
existence is unaffected, unlike in other types of business where the death of the owner has
varying effects on ownership and business continuity. Their oct be several members who
come and go from the company, but the company has a separate legal existence that is
bound to continue until an end is initiated through legal means
The disadvantages of the company are the process of forming a company is time-
consuming. It consists of several stages, beginning with promotion, which is a costly job.
The legal formalities are also extensive. Ownership and management are held in separate
hands. Members of the Board's interest in the company's growth is not always present.
Minority shareholders have little influence over management decisions. Because there is a
large amount of public money invested in the business, the government is heavily
involved in the company's internal and external activities through regulations, laws, and
compliances. The company is sometimes forced to focus on these excessive regulations,
which causes it to fall behind in meeting its goals
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In the public sector, businesses and other organizations are owned and run-on behalf of
the public, either by the Government itself. The majority of public-sector businesses are
not run for profit, but rather to offer goods and services to the general public using public
funds. A relatively small number of companies are owned or controlled by the
Government and so are parts of the public sector. The primary goal of the public sector is
to provide services that are deemed necessary for societal well-being. These services are
typically provided for free or at a reduced cost. Examples of the public sector are
Education and Police service. Funding for public services is usually raised through a
variety of methods, including taxes, fees, and financial transfers from other levels of
government.
The advantages of the public sector are Provides some of its services to all consumers as a
public sector organization, and it faces little competition. Provides services that could be
unprofitable if provided by firms in the private sector. Protection of public interest. the
government issues regulations such as antitrust laws, employment, and consumer
protection to protect the public interest. Without it, businesses oct exploit us for the
benefit of a few. The government administration issues various policies and regulations
vital to support economic stability. Government intervention, according to free market
economists, prevents market mechanisms from working to achieve equilibrium. Political
interference can also destabilize the business climate. There is no competition in the
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public sector. As a result, there is no

pressing need to become more efficient. It also leads to a lack of
innovation in the sector, which produces low-quality goods and services. Often
considered to be bureaucratic. Corrupt performance is to blame for a variety of issues,
including poor infrastructure, acute poverty, and inadequate healthcare
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A Private Limited Company refers to a company that is not listed on a stock exchange
and the shares are held privately by the members concerned. The minimum number of
members is two. The maximum number of members is 200, except in the case of a one-
person company. The minimum number of directors is two. The shares of a private
company are not freely transferable the private limited company enjoys many privileges
and exemptions. Statutory Meeting is optional for Private limited company example
puffer private limited company is Damro.co (Pvt)
A Public Limited Company implies a company that is listed on a recognized stock
exchange and whose shares are traded openly by the public. The minimum number of
members is seven. The maximum number of members is unlimited. The minimum
number of directors is three. The shares of a Public limited company are freely
transferable. Public limited companies do not have such privileges and exemptions.
Statutory Meeting is compulsory for Public limited company. An example of a public
limited company is a national savings bank.
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In the public sector, businesses and other organizations are owned and run on behalf of
the public, either by the Government itself. The majority of public-sector businesses are
not run for profit, but rather to offer goods and services to the general public using public
funds. A relatively small number of companies are owned or controlled by the
Government and so are parts of the public sector. The primary goal of the public sector is
to provide services that are deemed necessary for societal well-being. These services are
typically provided for free or at a reduced cost. Examples of the public sector are
Education and Police service. Funding for public services is usually raised through a
variety of methods, including taxes, fees, and financial transfers from other levels of
government
The advantages of the public sector are Provides some of its services to all consumers as a
public sector organization, and it faces little competition. Provides services that could be
unprofitable if provided by firms in the private sector. Protection of public interest. the
government issues regulations such as antitrust laws, employment, and consumer
protection to protect the public interest. Without it, businesses oct exploit us for the
benefit of a few. The government administration issues various policies and regulations
vital to support economic stability. Government intervention, according to free market
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economists, prevents market

mechanisms from working to achieve equilibrium. Political interference
can also destabilize the business climate. There is no competition in the public sector. As
a result, there is no pressing need to become more efficient. It also leads to a lack of
innovation in the sector, which produces low-quality goods and services. Often
considered to be bureaucratic. Corrupt behavior is to blame for a variety of issues,
including poor infrastructure, acute poverty, and inadequate healthcare
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A charitable organization is a kind of institution or a business that falls under the category
of a non-profit organization. A charitable organization can run privately as well as
publicly. This type of organization is often called a foundation or charity. It can be based
on educational, religious, or even based on public interest activities. The law and
regulations of the charity are dependent on the country or the region where it has been
established and operated. Requirements for registration and filing can vary from one state
to another and thus consulting and taking legal advice is also important in this case. This
organization is not meant to benefit any single person or individuals. An example of a
charity organization is the Sri Lanka Cancer Society
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It is better to choose a company rather than a sole proprietor or partnership. Many

business activities can be done through the company because it has a legal identity.
Adopting a day-to-day changing business environment necessitates more capital for
business operations, workers expect job security in their daily lives, which is always
dependent on the company’s long-term stability, taxes contribute significantly to the
country’s economy, and the owner receives more profits, so it is preferable for
businessman and traders to incorporate.
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Reference
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Higher Nationals

Internal verification of assessment decisions – BTEC (RFQ)

Do the assessment criteria awarded

Is the Pass/Merit/Distinction grade

• Identifying opportunities for

• Agreeing actions? Y/N

Does the assessment decision need

Internal Verifier signature Date

Assessor signature Date

LO1 Explain the nature of the legal system

Pass, Merit & Distinction P3 M2 D1

Pass, Merit & Distinction P4 P5 M3 D2

Grade: Assessor Signature: Date:

Grade: Assessor Signature: Date:

Signature & Date:

Feedback: Student to Assessor

Word Processing Rules

1. I know that plagiarism is a punishable offence because it constitutes theft.

Student’s Signature: Date:

Student Name /ID Number Paranika Gunaratnam/PG53186

Unit Number and Title Unit 7: Business Law

Academic Year 2022

Unit Tutor K. Devashan

Issue Date 25.09.2022

Submission Date 25.10.2022

IV Name & Date

LO1 Explain the nature of the legal system

Learning Outcomes and Assessment Criteria

Pass Merit Distinction

LO1 Explain the nature of the legal system

P1 Explain different M1 Evaluate the LO1 and LO2

LO2 Illustrate the potential impact of the law on a

P3 Using specific M2 Analyse the potential

A section in the handbook should also be dedicated to differentiating between

Present an introduction to different types and classification of business organizations in

Grading Criteria Achieved Feedback

P1 Explain different sources of law.

P2 Explain the role of government in

1.0 Business Law

2.0 Legal system

The UK Legal Service is a complex organization of federal and state government

3.0 Court structure for England

Figure 1- Court Structure for England and Wales (libguides.bodleian.ox.ac.uk)

4.0 courts system for Sri Lanka

Figure 2 Court-structure of Sri Lanka (hrlibrary.umn.edu)

5.0 Comparison among court structures of Sri Lanka and Britain

6.0 Source of law

6.1 Legislation law

6.2 Common law

6.3 European union law

7.0 The role of the government in law-making

8.0 Potential impact of law on business

8.1 Contract law

8.2 Tort of Negligence

8.3 Company law

8.4 Employment Law

8.5 Copy Right Law

Copyright, Designs, and Patents Act 1988

does with the concept that inspired