ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Uni7: Business Law

Submission date Date Received 1st submission

Re-submission Date Date Received 2nd submission

Student Name Nguyen Duc Hoang Student ID GBS 210010

Class GBS1005B Assessor name Do Minh Tuan

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making a false declaration is a form of malpractice.

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Table of Contents
I. Introduction..............................................................................................................................................................4
II. Main body................................................................................................................................................................4
1. Explain different sources of law..........................................................................................................................4
1.1. The definition of law in general....................................................................................................................4
1.2. The purpose of law.......................................................................................................................................5
1.3. Main sources of law in the UK......................................................................................................................6
3. Describe one case/ legal suit in Vietnam or in the UK, which was completely resolved, for demonstrating how
the court applies the law as follows:.......................................................................................................................7
4. Explain the role of government in law making and how statutory and common law is applied in the justice
courts.......................................................................................................................................................................7
4.1. Explain the role of Government in law making by explain the functions of secondary legislation or sub-
law.......................................................................................................................................................................8
4.2. Explain how common law and statutory law is applied in the justice court as after.....................................8
III. Conclusion..............................................................................................................................................................9
References................................................................................................................................................................... 9

I. Introduction.
A global investment fund called Dragon Capital Fund employs me as a legal expert. Your business's plan
for this year calls for investments in the UK. My job entails researching the legal system in the UK
market, including its origins, the function of government and parliament in enacting legislation, and the
methods courts use to apply the law to resolve disputes. In this article, I will focus on those topics .

II. Main body

1. Explain different sources of law.
1.1. The definition of law in general.
Law is a social science grows and develops with the growth and development of society. New
developments in society create new problems and law is required to deal with those problems.
According to dictionary definition of Law, it means a rule established by authority or by custom. It
regulates the behaviors of a community, Country, etc. In other words, it is the legislative
pronouncements of the rules which should guide one’s action in society. To say, it is a rule of action to
which human beings conduct must conform (studylecturenotes, n.d.).

1.2. The purpose of law

Through law, the information is passed regarding the system to the citizens of the country in several
ways. It is reflected also in various branches of law. For instance, contract law quotes that the
agreements are supposed to exchange services, goods, or something which is of value in the eyes of law.
Therefore, it involves everything i.e. from purchasing a ticket to the trading plans in the market (Corner,
n.d.)

Maintaining Order: The law is said to be an offshoot for the establishment of the standards. The
resembling nature is necessary for a civilized kind of society. Thus, a similar thing is reflected upon the
law. Further, the law when being enforced provides a diligent consistency with the guidelines of the
society. In addition to that, wildlife management laws were passed in lieu of the game to be conserved
and so that it gets protected for future generations in the years to come (Corner, n.d.).

Establishing Standards:

The law is a manner in which it shows a way to the minimum accepted behaviour in society. There are
few activities which are a crime for the society to determine whether it will tolerate behaviours that may
damage or injure the person or their respective properties. For instance, it is a crime to injure an
individual without the justification factor being met. Therefore, committing the same can lead to the
constitution of the crime i.e. assault (Corner, n.d.).

Resolving Disputes:

Disputes are not supposed to be ignored in a society at large that consists of people with several kinds of
wants, needs, values, etc. Additionally, the law gives a formal means to resolve the disputes which are
under the court system (Corner, n.d.).

 Protecting Liberties and Rights:

The constitutions and the statutes of India give various rights and liberties in their states. In addition to
that, one of the functions of law is to protect numerous rights and liberties from unreasonable kind of
violations or intrusions by organizations, persons or government. Henceforth, if an individual believes
that the freedom of speech has been forbidden by the government then the respective individual can
pursue the remedy through the platform of bringing the case in the courts (Corner, n.d.).

1.3. Main sources of law in the UK

English law is created in four important ways, namely legislation, case (common) law, human rights law
and EU law. A fifth residual way is through custom, but this is not discussed since case law and legislation
have largely incorporated custom (LawTeacher, 2023).

Common law and statute

The common law is the law declared by judges, derived from custom and precedent. It originated with
the legal reforms of King Henry II in the 12th century and was called “common” because it applied
equally across the whole country. The doctrine of binding precedent, whereby courts follow and apply
the principles declared in previous cases decided by more senior courts, known as “courts of record”, is
also known by the Latin expression “stare decisis” (iclr, n.d.).

Common law and Equity

The common law was historically administered in the king’s courts, and equity developed as a separate
system of mainly discretionary remedies administered by the Lord Chancellor, often as a way of
ameliorating the injustice done by inflexible rules of the common law. Equitable concepts such as trusts
are now generally dealt with as part of the business of the Chancery Division in the High Court, but since
the Judicature Acts of 1873-75, when the systems of law and equity were fused, they have no longer
been treated as separate jurisdictions and both legal and equitable remedies can be provided in all the
courts (iclr, n.d.).

Civil law

Civil law may be defined in opposition to three alternatives.

 1. Civil as opposed to criminal law (iclr, n.d.).
2. Civil in the sense of secular law, as opposed to ecclesiastical or other forms of religious law
(iclr, n.d.).
3. Civil law as a legal system, based on a code of laws (such as the Code Napoleon developed in
France), as opposed to the common law system, based on the doctrine of precedent (iclr,
n.d.).

3. Describe one case/ legal suit in Vietnam or in the UK, which was completely resolved, for
demonstrating how the court applies the law as follows:
Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) (Respondent) v
Blacks Outdoor Retail Ltd (Appellant) (Thesupremecourt, 2023).

Issue: Whether the Court of Appeal erred in its construction of a provision in a commercial lease
concerning service charges.

Facts: Blacks rented commercial retail premises from S&H pursuant to two leases dated 2013 and 2018
respectively (the Leases). S&H claimed service charge arrears from Blacks for 2017-2018 and 2018-2019
under the Leases. The Leases provided that S&H shall calculate the total cost of various services and
expenses. Once this was ascertained, the Leases provided that S&H would give Blacks a certificate with
the amount of the total cost and the sum payable by Blacks. Blacks argued that the service charges were
excessive and not properly due under the Leases (Thesupremecourt, 2023).

S&H made an application for summary judgment in respect of the money claim for the certified service
charges, which was dismissed by Deputy Master Bartlett in the High Court. S&H’s appeal was
dismissed by Kelyn Bacon QC, sitting as a Deputy Judge of the High Court. The Court of Appeal allowed
S&H’s second appeal and entered summary judgment on the claim for certified service charges. Blacks
now appeals to the Supreme Court (Thesupremecourt, 2023).

4. Explain the role of government in law making and how statutory and common law is
applied in the justice courts.
Secondary legislation

Secondary, or delegated, legislation is law made by a person or body other than parliament (usually
government ministers), under powers delegated by a ‘parent’ Act of parliament. This parent act is
referred to as ‘primary’ legislation, and specifies what the secondary legislation can do, who can make it
and (usually) the procedure through which it should be made (MARSHALL, 2020).  

Parliament's role

Parliament is made up of three central elements: the House of Commons, the House of Lords and the
Monarchy. The main business of Parliament takes place in the two Houses. Generally the decisions made
in one House have to be approved by the other (parliament, n.d.).

4.1. Explain the role of Government in law making by explain the functions of secondary legislation
or sub-law.
Common law is also known as case law and is of two types – one where judgments passed become new
laws where there are no statutes and the other where judges interpret the existing law and determines
new boundaries and distinctions. Apart from common law and statutory law, there are also the
regulatory laws framed by various government agencies that have the authorization to do so once
statutes are created by the legislature (diffen, n.d.)

Statutory laws can be passed by various government agencies of a country. Thus, there are laws passed
by federal and state governments, ordinances passed by towns and cities all having the power of law.
New laws are issued to meet the needs of the citizens, to resolve outstanding issues, and to formalize an
existing law (diffen, n.d.).

4.2. Explain how common law and statutory law is applied in the justice court as after
 Source: (diffen, n.d.)

Common Law: Lawyers preparing to argue a case must make submissions to the court for decisions on
different items based on case or common law and statutory laws that are applicable. If the plaintiff or
the defendant decides to appeal the decision, they must make an argument to the appeals court. The
submission must list the objections to the decision based on prior law or legal procedures (Francois,
2023).

Statutory laws: Statutory laws are those made by the government of a country. There are several
reasons to issue these types of law: to meet citizens needs, to formalize existing law or resolve an
outstanding issue that the courts refer to the government. The government has a clear role in
determining the laws and punishments that are appropriate for their country (Francois, 2023).

III. Conclusion
Through my report on the key points of law in the UK, management and everyone in the company will
have a better view of how the law works and how to handle some successful litigation. I feel I have
fulfilled the task that the company has assigned me to perform.

References
Corner, L., n.d. What Are The Purposes And Functions Of Law?. [Online]
Available at: https://lawcorner.in/what-are-the-purposes-and-functions-of-law/#1_Maintaining_Order
[Accessed 17 February 2023].

diffen, n.d. Common Law vs. Statutory Law. [Online]

Available at: https://www.diffen.com/difference/Common_Law_vs_Statutory_Law
[Accessed 18 February 2023].

Francois, C., 2023. What is the Difference Between Common Law and Statutory Law?. [Online]
Available at: https://www.mylawquestions.com/what-is-the-difference-between-common-law-and-statutory-
law.htm
[Accessed 18 February 2023].

iclr, n.d. The English legal system. [Online]

Available at: https://www.iclr.co.uk/knowledge/topics/the-english-legal-system/
[Accessed 17 February 2023].

LawTeacher, 2023. Explain the Sources of English Law.. [Online]

Available at: https://www.lawteacher.net/free-law-essays/constitutional-law/explain-the-sources-of-english-law-
essays.php?vref=1
[Accessed 17 February 2023].

MARSHALL, J., 2020. Secondary legislation: how is it made?. [Online]

Available at: https://www.instituteforgovernment.org.uk/article/explainer/secondary-legislation-how-it-made
[Accessed 18 February 2023].

parliament, n.d. What is the role of Parliament?. [Online]

Available at: https://www.parliament.uk/about/how/role/
[Accessed 18 February 2023].

studylecturenotes, n.d. What is Law – Definition, Purpose and Sense of Law. [Online]
Available at: http://studylecturenotes.com/what-is-law-definition-purpose-and-sense-of-law/
[Accessed 17 February 2023].

Thesupremecourt, 2023. Case details. [Online]

Available at: https://www.supremecourt.uk/cases/uksc-2021-0027.html
[Accessed 18 February 2023].