ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Uni7: Business Law

Submission date 10/06/2021 Date Received 1st submission

Re-submission Date 28/07/2021 Date Received 2nd submission

Student Name Ha Dinh Nghia Student ID GBH 190340

Class GBH 0907 Assessor name Nguyen Le Thu

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TABLE OF CONTENT
I. INTRODUCTION ..................................................................................................................................4

II. UK LEGAL SYSTEM .............................................................................................................................. 4

1. Deffinition of law ............................................................................................................................... 4

2. Function of law ..................................................................................................................................4

3. Vietnamese Enterprise law 2020 ........................................................................................................ 5

4. Statutory law and case law ................................................................................................................. 6

5. Example of Statutory law and Case law in UK legal system .................................................................7

6. Role of making law of Parliament and government ............................................................................ 8

7. Example for Vietnamese primary legislation and its secondary legislation ......................................... 8

8. The process of making law of UK Parliament ...................................................................................... 9

9. Case resolved in UK .......................................................................................................................... 10

III. CONCLUSION .................................................................................................................................... 11

REFERENCES ............................................................................................................................................ 11
 UK LEGAL SYSTEM

I. INTRODUCTION
The purpose of this report is to learn more about the princeples of the legal system in the UK.
And in this report, it will give an explaination of sources of law, and an explaination of
government in law – making and how statutory and common law is applied in the justice courts.
In this report, a case of law in UK will be given to analyize about the parties, facts, legal issues of
the victims, the judments of the case.

II. UK LEGAL SYSTEM

1. Deffinition of law
Law is a set of rules that are enforced by a gorverment authority. A rule of civil conduct
prescribed by the supreme power in a state, commanding what is right, and prohibiting what is
wrong. Violation of these rules could lead to enforcement, government reaction such as
imprisonment or fine, or private action such as a legal judgment against the offender obtained by
the person injured by the action prohibited by law. Synonymous to act or statute although in
common usage, "law" refers not only to legislation or statutes but also to the body of unwritten
law in those states which recognize common law. (Berman, 1974).

2. Function of law
The first function of law is establised rules. Laws provide a framework and rules to help resolve
disputes between individuals. Laws create a system where individuals can bring their disputes
before an impartial fact-finder, such as a judge or jury. There are also legal alternatives where
individuals work together to find a solution, such as by using alternative dispute resolution (ADR).
There are courts at every level, from local to federal, to decide who should win in a dispute.
(Cronus Law, 2019). For example, if person A and person B got into a fight for any particular
reason, both can resolve this issues among themselves based on the framework of laws and rules,
and also the ADR, or the court can resolve this based on the framework.
The second lfunction of law is protects relations. Laws protect individual rights and liberties. The
Bill of Rights was added to Constitution to guarantee several important protections. The laws
protect individuals from other individuals, from organizations, and even from the government.
The First Amendment of the Bill of Rights prohibits the government from making any law that
would interfere with the right to free speech of an individual. There are some exceptions based
on what is considered free speech. (Cronus Law, 2019). For example, if person A is harassed or
being threated by person B then person A will be protect by authorities which in this case is the
police.
The third function of law is education. To put it simple, law have influence on the mind of the
people, because of that its educate the behaviour of the people. For example, there are rules
about drinking and driving – People can not drive while drinking or while is drunk, this is to
ensure people safety. Because of this set of rules, people will aware that it is not allowed to drive
while is drunk and ultimately the people will obey the law. And overtime, the amount of people
who drive while is drunk decrease.

3. Vietnamese Enterprise law 2020

First is how Vietnamese Enterprise law fullfil the establised rules function of law. Vietnamese
Enterprise law have rules whereas businesses have to know the standards to which they must
conform their conduct. Specifically, satisfy the conditions for business investment when
conducting business in conditional business lines; industries and professions with conditional
market access for foreign investors in accordance with law and ensure that such conditions are
maintained throughout the course of business operations. To fully and promptly fulfill the
obligations of enterprise registration, registration of changes in enterprise registration contents,
disclosure of information on the establishment and operation of the enterprise, reporting and
other obligations in Vietnamese Enterprise law. To take responsibility for the truthfulness and
accuracy of the information declared in the enterprise registration dossier and reports; in case of
detecting inaccurate or incomplete declared or reported information, it must promptly amend
and supplement such information. These are the set of rules that Vietnam Enterprise law have
established. (Thu vien phap luat, 2020).
Second is how Vietnamese Enterprise law fullfil the ptotect relation function of law. The
Enterprise Law 2020 offers less protection to companies owners and managers by making it
easier for Government authorities to interfere or even suspend the operation of a company. For
example, The legal representative, Chairman of the Members Council of a limited liability
company (LLC), the owner of a single-member LLC, the Chairman of the Board of Directors of a
joint stock company (JSC), the representative of an institutional member in an LLC or an
institutional shareholder in a JSC could lose their position in or rights to manage the company if
they has “difficulty in understanding or controlling their actions”. The law does not make clear
who will have the authority to determine that a company manager or owner has difficulty in
understanding or controlling their actions, and how such determination should be made The law
also does not provide that the rights or position of the relevant manager or owner will be
restored once they recovers from the difficulty in understanding or controlling their actions; In
addition to the court, any Governmental authority in a legal proceeding that a company is
involved can now appoint a legal representative for the company. This means that if a company is
involved in a criminal proceeding, the police can appoint a legal representative of such a
company. The Business Registration Authority can suspend or revoke an Enterprise Registration
Certificate based on “request” by other authorities in accordance with law. (Vu, 2020).
Third is how Vietnamese Enterprise law fullfil the education function of law. The Enterprise law
have rules that all companies have to obey, this influence the companies, and educate the
companies to improve their beheviours. (Thu vien phap luat, 2020)

4. Statutory law and case law

Statutory law is the body of law resulting from statutes. A statute—or the statutory law—may
also be referred to as legislation. One of the benefits of statutory law is that whether it’s federal
or state law, it’s a written law that you can locate and read at the law library or online. (Legal
Career Path, 2021).
The term case law refers to law that comes from decisions made by judges in previous cases.
Case law, also known as “common law,” and “case precedent,” provides a common contextual
background for certain legal concepts, and how they are applied in certain types of case. How
much sway case law holds may vary by jurisdiction, and by the exact circumstances of the current
case. (Legal Dictionary, 2016)
Common law or otherwise known as case law is a legal system in which decision made by the
judges in the past forms as a basis for similar cases in future. On the other hand, statutory law is a
formally written law established by legislative body and regulates the behavior of the members.
The common law instructs, what decision should be rendered in a particular case. In contrast, the
statutory law prescribes the best governing rules of the society. Common law relies on the
recorded judicial precedent, meaning that the judges will take into account the relevant facts and
evidences of the case but also look for prior decisions made by the court in similar cases in the
past. As against, statutory law is based on the statutes enacted and imposed by the legislative
body of the country. Common law is a procedural law, such that it comprises the set of rules that
regulates the court proceedings in various lawsuit. On the contrary, statutory law is substantive in
nature, in the sense that it states the rights and duties of the citizens, along with punishment for
non-compliance of rules. Common law can be amended by statutory law, whereas to amend the
statutory law, a separate statute must be established. (S, 2017).

5. Example of Statutory law and Case law in UK legal system

From time to time, common law has furnished the basis for new legislation to be written. For
example, the U.K. has long had a common-law offense of "outraging public decency." In the last
decade, the authorities have used this ancient common law to prosecute a new intrusive activity
called upskirting: the practice of sticking a camera in between a person's legs, without their
consent or knowledge, to take a photo or video of their private parts for sexual gratification or to
humiliate or distress. (Chen, 2021).
In February 2019, the U.K. Parliament passed the Voyeurism (Offences) Act that officially makes
upskirting a crime, punishable by up to two years in prison and the possibility of placing a
convicted individual on the sex offenders register. (Chen, 2021)
McDonald’s Corporation v Steel & Morris 1997 case. In this case, a lawsuit was brought by
McDonald’s Corporation against two environmental activists, David Morris and Helen Steel. The
case itself lasted two and a half years but the debacle in total lasted more than 10 years.
From 1986 onwards, a leaflet entitled “What’s wrong with McDonald’s? Everything they don’t
want you to know” was in circulation as part of an anti-McDonalds campaign ran by Greenpeace
London. The leaflet accused McDonald’s of, amongst
other things, being responsible for Third World starvation and exploiting children. Subsequently,
a case was brought by McDonald’s against the producers of the leaflet, three of whom apologised
whilst Morris and Steel fought on, denying their involvement in the contents of the leaflets.
The judge, who sat without a jury, rejected the claims in the leaflet and ruled that the two had
libelled the corporation ordering damages to be paid. The two refused to pay the money and
McDonald’s did not pursue payment.
In 2004, Morris and Steel brought a case against the UK government at the European Court of
Human Rights claiming that their lack of legal aid breached their Article 5 rights under the ECHR.
Subsequently, the court ruled unanimously that they had been denied a fair trial. (The lawer
portal, 2020)

6. Role of making law of Parliament and government

Parliament creates the first legislation and has to look closely at the Government’s plans and
monitor the way they are running things. To be more specific, it exists in form of Act, Code, Law.
The functions of first legislation is create the law. Other than that, Parliament is there to
represent people’s interests and make sure they are taken into account by the Government.
Especially, the Government cannot make new laws or raise new taxes without Parliament’s
agreement.
Second legislation was created by the Government and they are responsible for deciding how the
country is run and for managing things day by day. the functions of secondary legislation is
implement the law. The Government is the highest state administrative agency of the Socialist
Republic of Vietnam, exercising the executive power, being the executive body of the National
Assembly.
Primary legislation is an Act that has been passed by the Parliament. Secondary legislation can
make small changes to an Act. The Act must say what changes can be made to it by secondary
legislation and what process the secondary legislation will follow. Secondary legislation can also
create new rules or add more details to an Act.

7. Example for Vietnamese primary legislation and its secondary legislation

In Vietnam, Any legislation is statutory law. Legislation is statute, therefore statutory law. For
instance, the country's traffic regulations, tax laws, criminal codes, company formation
regulations, etc, are all statutory law. For example, marriage and family law. There are many act
about getting married like condition of marriage, marriage registration, and so on. Those are the
primary legislation, its was created by the Parliament. Then the Government add the Decree that
are related to the marriage and family law, one of the decree is related to marriage and family
relationship with foreign elements, decree 126/2014/NĐ-CP to be specific. In the marriage and
family law, there are no mention of the foreign element, so the Government add the Decree that
concern the foreign element to specify the marriage and family law. in this case the act like
condition of marriage, marriage registration and other are consider as primary legislation, and
the decree is secondary legislation that support the primary legislation which is the marriage
registration in this case.

8. The process of making law of UK Parliament

Proposal for legislation: The bill is introduced by First Reading, the proposed word for the law
(from the public). It is written in the Government Green Book. This is simply an official
announcement that Bill will be proposed and its content.
Aim for legislation: Soon after was the Second Reading. To this point, the purpose of the law is
reviewed in the White Paper.
Draft form of the Bill: Next is the draft and approval of the draft of the House Common, the
House of Lords, the two Houses of Parliament. The bill is debated and has a vote, if the
Government is in the majority, then the bill will be passed to the House of Lords.
Statue: Finally, when both Houses have agreed the text, the bill is approved by the monarch and
becomes a law or “Act of Parliament”.

9. Case resolved in UK
Fact of the case: Mr. Merritt and his wife jointly owned a matrimonial house. The husband left his
wife for another woman. Consequently, Mr. Merritt and his wife entered an agreement that he
would give her £40 per month in order for her to pay the mortgage of the house. Mr . Merritt
signed the contract which stated that “you will be paying the charges for the mortgage and I
agree after you have done that to transfer the house to you” When the mortgage was fully paid
off. Mr. Merritt refused to transfer the house in to her name. Mrs. Merritt sued her husband
claiming that legally under the contract the house belongs to her. (Explore Law, 2020)
Issues: Mr Merritt contended the agreement was a domestic arrangement between husband and
wife and there was no intention to create legal relations and, as such, there was no enforceable
contract. He also argued the purported contract was insufficiently certain to be enforceable by
the court, and that Mrs Merritt had failed to provide consideration for his promise. Mrs Merritt
argued that given they were in the process of separating, the presumption of there being no
intention to create legal relations did not apply. She claimed there was every intention of creating
legal relations, and her having paid off all the expenses on the home and finishing off the
mortgage payments amounted to consideration. (Law Teacher, 2013)
Judment: Mr Merritt’s appeal was unsuccessful. When parties are in the process of separating, or
are separated, the presumption of there being no intention to create legal relations does not
apply. The arrangement was sufficiently certain to be enforceable, and the paying of the
mortgage was ample consideration for Mr Merritt’s promise. Mrs Merritt was entitled to the
matrimonial home entirely. (Law Teacher, 2013)
Though this case is similar to some other case that related to this like Balfour v Balfour 1919 case
or Gould v Gould case. However the judges decide to use statutory law to solve this case instead
of based it on previous cases. The law that was used in the case is in section 17 of the married
women’s Propety Act 1882. (Xtedd, 2020).
III. CONCLUSION
law play a big role in today society, it has many type for different cases. And this report explain
the source of law, functions of law and an explaination of government in law – making and how
statutory and common law is applied in the justice courts.

REFERENCES
Berman, H., 1974. The Interaction of Law and Religion. s.l.:s.n.

Chen, J., 2021. Common Law. [Online]

Available at: https://www.investopedia.com/
[Accessed 2021].

Cronus Law, 2019. The Purpose of Law and Its Functions In Society. [Online]
Available at: https://cronuslaw.com/
[Accessed 2021].

Explore Law, 2020. Merritt v Merritt. [Online]

Available at: https://www.explore-law.com/
[Accessed 2021].

Law Teacher, 2013. Merritt v Merritt - 1970. [Online]

Available at: https://www.lawteacher.net/
[Accessed 2021].

Legal Career Path, 2021. What is Statutory Law?. [Online]

Available at: https://legalcareerpath.com/
[Accessed 2021].

Legal Dictionary, 2016. Case law. [Online]

Available at: https://legaldictionary.net/
[Accessed 2021].

S, S., 2017. Difference Between Common Law and Statutory Law. [Online]
Available at: https://keydifferences.com/
[Accessed 2021].
The lawer portal, 2020. Famous British Legal Cases You Should Know About. [Online]
Available at: https://www.thelawyerportal.com/
[Accessed 2021].

Thu vien phap luat, 2020. Enterprise Law. [Online]

Available at: https://thuvienphapluat.vn/
[Accessed 2021].

UK Parliament, 2021. Parliament and the Government. [Online]

Available at: https://www.parliament.uk/
[Accessed 2021].

UK Parliament, 2021. What is Secondary Legislation?. [Online]

Available at: https://www.parliament.uk/
[Accessed 2021].

Vu, N. Q., 2020. New law on Enterprise 2020 for Companies in Vietnam. [Online]
Available at: https://vietnam-business-law.info/
[Accessed 2021].

Xtedd, 2020. Merritt V Merritt. [Online]

Available at: https://www.scribd.com/
[Accessed 2021].