1.

 The document is a legislative source since it contains all of the rules that the
Parliamentary Under Secretary of State has passed. Adams, Caplan, and Lockwood
(2020) defined legislation as a body of rules or regulations that have been approved
by Parliament. More specifically, as mentioned in this text, this is a Statutory
Instrument.
 Who made it: the UK cabinet made the “Health and Care Act 2022” (Commencement
No. 3) Regulations 2022”.
 It is content: The Health and Care Act 2022 provides updated legislation to make it
simpler for healthcare organizations to deliver care that integrates numerous distinct
services. This legislation relates to health and care in the UK. Specific sections of the
Health and Care Act 2022 are enforced by this Status Instrument: Regulation 2 will
go into effect on October 1, 2022, and Regulation 3 will go into effect on November
1, 2022.

2.
 Okpapi v Royal Dutch Shell PLC
 The Supreme Court of the UK is the court that can decide this case
 Precedent had been used: Vendanta Resources PLC and another (Appellants v
Lungowe and others (Respondents) [2019] UKSC 20
 All of the UK courts have to follow this case except for the Supreme court
In [2021] UKSC 3, Okpabi sued Royal Dutch Shell Plc for not being accountable for an oil spill
that caused water contamination at the Appellants' property. Furthermore, it has a detrimental
influence on the lives of the individuals who dwell in that region. The Supreme Court of the
United Kingdom ruled on this case. The Court of Appeal and the High Court are also bound by
this case since the appellants allege that the Court breached a legal principle and made the
incorrect determination that there is no issue to be decided about Royal Dutch Shell's
responsibility to the Appellant Parties. Besides, the Court heard a case that is similar to this
case, which is Lungowe v Vedanta Resources plc [2019] UKSC 20. This precedent will apply to
clearly establish when third parties might pursue criminal action against a UK-based firm in
connection with the acts of overseas subsidiaries

3.
According to Adams (2016), the executive branch of government is the body that oversees the
entire nation, making and enforcing laws. Furthermore, the UK Cabinet is a group of senior
ministers chosen by the prime minister to oversee specific policy areas. Making legislation and
setting precedents are two categories in lawmaking.
Cabinet in the making of legislation
According to Adams (2016), legislation is suggested by the Cabinet, and they play three
essential roles in the process: issuing Green Papers and White Papers, writing Bills, and
producing Statutory Instruments with Parliament's assent.
  Publishing Green Paper and White Paper
This is the preliminary stage of creating a Parliamentary Act. Following that, the government will
issue a Green Paper to allow for the presentation of legal solutions that are still being created
for discussion (House of Commons, 2010). The government will subsequently issue a White
Paper as a statement of its policy or strategy, which will normally include information about the
planned legislative change as well as its arguments.

 Preparing Bills
The Government will utilize this method to decide whether or not to pass the Bill and make it
law. This procedure consists of six phases. It will first be presented to the government,
specifically the Houses of Commons and Lords. Before the Government can pass the Bill into
law, it must first receive approval from interested members and undergo changes. The final step
in the passage of a bill in Parliament is royal assent, which is required before it can become an
Act of Parliament and become law.

 Making Statutory Instruments as delegated by the Parliament

According to Adams (2016), government agencies have established a legislative instrument
to implement the general policy ideas outlined in the Congressional Authorization Act in the
form of a text of a specific nature. In addition, the government is authorized and authorized
by Congress to carry out this task.

 Cabinet in the making precedent: At present, the Cabinet does not have a specific role in
this part.
4. Kevin’svin case and marriage
Marriage, according to the Marriage Act, is an act in which only two people choose to participate
in one another’s lives. The present definition of "human" was developed to reflect technological
and social advancements. There is no rule or presumption as to whether a person is male or
female for marriage law when adopting the Intent method, which is decided by referring to the
circumstances at the moment of birth. The legality of the marriage is instead determined at the
moment of marriage. In the case of Kevin and Jennifer, Kevin was born a woman but had
gender reassignment surgery to become a male. The term "man" has to be defined. This word
is drawn from the Marriage Act, which states that weddings must be performed between a man
and a woman (Marriage act 1961). Therefore, it is necessary to comprehend that the Contextual
Approach (Sloovere, 1936) is appropriate at the time of marriage. This means  Kevin and
Jennifer can marry based on this approach.
5. Gym For All (GFA)
One of the components of the first contract is the offer. Making an offer is the first step in
forming a contract, and when the acceptor accepts the offer, the contract becomes legally
binding. Offers are promises made voluntarily, but they come with a condition. The next step is
acceptance, which signifies a firm assent to the terms of the offer. At this stage, the two parties
will negotiate the value and exchange. Finally, the purpose is how the parties determine if their
agreement is legally binding. In this section, we will look at Paul's case using GFA to check if
the four above-mentioned conditions are satisfied. The first factor to assess is whether a GFA
ad is deemed an offer. Carlill v Carbolic Smoke Ball Co was a previous case that addressed
concerns similar to those raised in this case. Advertisements are often directed at a large
audience. However, this company's medicine campaign is not regarded as standard advertising
because it went above and above to offer unique features that constitute a promise. If
somebody uses their product according to the directions and still gets a cold, they will be
rewarded £ 100 while the company will secure this bonus by stating in the advertisement that
they have deposited £1000 in the bank. Because this billboard plainly communicated its
purpose, the court found that it was an offer rather than a routine advertisement. Similarly, the
GFA advertises the gym and states that anyone who completes the challenge would earn a
£1,500 membership as a condition of completion. Unlike advertising, typical gyms simply
provide incentives. As a result, we may conclude that the GFA advertising is a promotional offer.
Following that is Paul's challenge; although there is no evidence on Paul publicizing his
participation in it, Paul's acceptance of the challenge has been read as unqualified approval to
the offer, therefore this is permissible. Finally, in Carlill v Carbolic Smoke Ball Co (1893), the
plaintiff had to choose between taking medicine continually but not getting healed and changing
it, which was time-consuming and labor-intensive, in order to accept the company's offer of
£100, thus this is a factor to consider. Accepting the challenge in return for a gym membership
costs time and effort, so this is already a factor. Finally, there are four factors sufficient to
constitute a contract between GFA and Paul, entitling Paul to a free yearly membership.
6. Raven
Raven has a good chance of winning this case. Raven worked as the office manager for Road
Runner Transport until the firm was sold. Raven was told by the new boss that she was
inappropriate, despite the fact that it was a corporate policy that Raven could not perform
properly. Raven was not sacked by the new commander but instead quit due to psychological
pressure. Fletcher v Countrywide Estate Agents was a comparable case that was utilized to
solve this one. In this instance, Fletcher works for real estate agent Ashby Lowery under Darren
Wilson. The workplace worked efficiently, and staff morale was excellent until Countrywide took
control. Even though Mr. Wilson, her previous boss, joined Countrywide as an employee, he
made no effort to assist Fletcher as she dealt with the management challenges that followed
this shift. After dealing with complaint emails and becoming the focus of conversation among
other angry employees, Fletcher was in crisis mode. After submitting to the pressure, Fletcher
resigned and sued for constructive dismissal. Constructive dismissal occurs when an employer
purposely makes it impossible for an employee to feel obligated to resign. Employers must be
careful not to damage their employees' confidence and trust. The judge determined that it was a
constructive dismissal since Fletcher was under extreme stress and Mr. Wilson utilized his
anger against him. and terrified her. This is important in Raven's situation. Despite having
resigned from her work, Raven sued Road Runner Transport because she considered it was an
unjust dismissal. Unfair layoffs are ones that the employer cannot explain as fair. Hers is a case
of constructive dismissal as well because she was subjected to psychological manipulation,
gradually creating resentment, putting pressure on staff, telling her that she is no longer
appropriate, self-deprecating, and choosing to quit. As a result, the new owner of Road Runner
Transport has plainly made a mistake, and Raven will triumph.
7.
According to the case study, each subject will have different results when they want to make
this case. In general, the responsibility of High Heaven should be considered in this case.
Although Jessica was not a direct witness or injured in the accident, when she saw her daughter
Belinda injured and had to be taken to the hospital, she could not help but be shocked. It should
be said that Jessica was a victim of nervous shock in McLoughin v. O' Brian in 1982 and she
won the claim in this event. In the same year's case, it was also established that precedent was
awarded to those who were physically injured, not those who feared for their own safety or that
of their loved ones. In this case, Jessica and Belinda both suffered personal injuries and are
entitled to compensation. Therefore, Jessica can receive full payment from High Heaven.
Belinda was one of the unfortunate victims present in the accident for which High Heaven was
responsible. According to the Donoghue v. Stevenson case, High Heaven violated civil
negligence laws and did not take reasonable care to protect its client (in this case, Belinda).
High Heaven failed to check the safety of the Big Wheel, resulting in a number of cabin injuries
and life-threatening injuries to many victims. Besides, High Heaven violated the Commercial
Practices Act, cited in Donoghue v. Stevenson (1932). This law states that companies must
protect the safety of users when providing any service, and failure to do so can have serious
consequences. Based on these two factors, Belinda can completely win the case and be asked
for compensation. In addition, Tom was unharmed, the ruling of Chadwick v. British Railways
(1967) held that anyone who sought help could still be harmed physically and mentally.
Therefore, High Heaven is also responsible for this. Although Tom was not physically injured,
mentally, he certainly suffered a lot of stress during the rescue. As a result, Tom has every
reason to file a lawsuit.
On the other hand, Matthew was a big wheel and witnessed the accident. Matthew also
suffered the same psychological effects as Jessica, but, because he worked for High Heaven
and was not a close friend or family member of the victims in the case. As a result, he was
unable to make a claim against his own agency because of his duty of care.

8.
 Unlimited partnership
From this perspective, we can describe the limitless partnership as a general partnership. This
form of partnership is created by the members' togetherness, with each representing the other.
The KwicPic partnership was established by three individuals: Bill, Donald, and George. The
issue here is that, while agreeing to restore a painting for a customer, George inadvertently
damaged the painting, leaving it unrepairable, and was sued by the customer. The consumer
sued for both tort and contract violations. The complaint is for both acts because when the client
gives the painting to KwicPic, there is a contract to repair the painting, and the condition must
maintain the painting intact. KwicPic breached the contract by failing to maintain the product's
integrity, which is a contract violation. In tort, George had a Duty of Care to accomplish the
assigned work; but, owing to carelessness not stipulated in the contract, George accidentally
damaged the painting and failed to complete the assignment. According to Section 9 of the
Partnership Act of 1890, each partner of a corporation is equally and severally accountable for
any debts and liabilities incurred by the business while they were partners. Section 10 of the
Partnership Act holds the company equally liable as the partner acting or failing to act motion if
any partner acting in the ordinary course of the company's business or with the power of their
partners causes loss or injury to any individual who is not a partner of the company or incurs
any penalty. As a result, there will be two examples in this form of partnership. Customers have
the option of suing the entire firm, KwicPic, and if they do, all three persons, Bill, Donald, and
George, are responsible for this debt. If the firm is unable to repay the loan, the remaining debt
will be divided evenly among the three persons as personal liabilities, and they will have to pay
the obligation with their personal assets. Next, if the customer decides to sue someone, they
can sue the person who directly causes the fault or someone else, such as the richest person,
and suit only one person; if the firm is unable to pay, they must pay the remainder out of their
own assets.

 Limited Liability Partnership

The partnership's members are only accountable for the amount of their investment, and the
partnership is structured as a corporation. Except for the guilty member, who has unlimited
culpability, other members are accountable for the partnership's responsibilities. According to
Section 6 of the Limited Liabilities Partnership Act 2000, in cases where one of its members is
held accountable to a third party (other than another limited liability partnership member) for an
unlawful act or omission committed during the course of the partnership's business or while it is
subject to corporate jurisdiction, the limited liability partnership is equally liable with its
members. As a result, because KwicPic is a Limited Liability Partnership, the company will be
held liable if George damages the image and sues. If the firm has exhausted all of its resources
but has not paid off its debt, George will be compelled to continue repaying it with his personal
assets.
9.
 Company director
According to Professional Development (2021), all companies are managed and run by senior
executives, also known as boards of directors, who are elected by shareholders to handle
matters. corporate commercial issues and challenges. Company directors are those who
directly manage and run the company. They are the people chosen and elected by the
shareholders to handle the problems faced by the business. According to Adam’s book
published in 2016, company directors can be divided into different categories including
Executive directors, Alternative directors, Shadow directors, De facto directors

 Powers of company directors

The powers of a company director include the control and management of business activities
and the formulation of corporate policy. Company directors will be the representatives of the
company, not only in terms of image and statement but also in the future development direction
of the business. Directors will use those powers for the best interests of the company depending
on the purpose and objectives of the organization. Directors' powers are divided into two
categories: general powers and specific powers.

 Duties of company directors

According to the Companies Act (2006), Directors have a wide range of duties stemming from
their role, which frequently affect the firm and its shareholders, but can also include
commitments to workers and shareholders

 Directors’ common law and equitable duties

Duty of care
Duty of care is the duty of executives to make decisions regarding the company's operations
with the utmost care. All decisions made by executives must be carefully considered and
researched for their reasonableness and impact on the company's future operations. The
company manager will be responsible for making negligent decisions and affecting the interests
of the company and shareholders.
Fiduciary duty
Fiduciaries’ Duties is an important content and institution in the Anglo-American legal system.
These are obligations arising from a fiduciary relationship, between the principal and the
principal. A fiduciary is a person who commits or is obliged to perform certain work on behalf of
or for the benefit of another person. The most common fiduciary relationships in today's social
life can be mentioned as relationships between lawyers and clients, between fund management
companies and investors, and between the board of directors (the directors of ) and
shareholders.
Directors’ duties since the CA 2006
The Companies Act of 2006 was passed in order to clarify director obligations by establishing
common law standards and duties. This statute will outline the director's tasks, which will
number eight in total. First and foremost, corporate directors must operate within their legal
authority. The director must follow business standards and utilize his authority solely for the
advantage of the firm. The second responsibility is to promote the company's prosperity.
Directors must understand how to motivate their subordinates in order to increase work
efficiency and profit. The third component of the duty is to exercise independent judgment,
which requires directors to exercise their powers independently, regardless of whether they are
authorized to do so. The next obligation, another component of conflicts of interest, is to deny
third-party interests, which is articulated in the Act. This obligation entails avoiding bribes and
gifts from those who wish to exchange property for personal gain. Next, any gains in any
planned transaction or arrangement must be reported to the company; however, a director is not
in breach of this obligation unless he is reasonably aware of the conflict of interest. Final liability
under the Company Act 2006 requires the director to explain the entire existing transaction or
arrangement. Any contract that includes an undeclared conflict of interest may be void and the
directors may be liable for any reimbursement.
Duty to creditors
When a firm is in financial trouble and faces insolvency, directors have a duty to creditors (those
who owe money) to minimize their losses.

Transactions by directors which require shareholder approval

According to Article 167 of the Enterprise Law 2020, the Board of Directors approves contracts
and transactions whose value is less than 35% of the entire worth of the enterprise's assets as
shown in the most recent financial statements. or a lower percentage or value as specified in
the charter of the firm In this instance, the company's representative signing the contract or
transaction must inform the members of the Board of Directors and the Controller of the entities
engaged in the contract or transaction, as well as include the draft contract or the primary
content of the transaction. The significant property transaction specified in CA 2006 mentioned
that any transaction in which the business sells or buys a noncash asset from or from a director
of the company or a person associated with him or her, where the value of the asset surpasses
10% of the company's net assets, maybe unless the shareholders have approved it Loans to
Directors is a provision that states that, under certain conditions, a director cannot borrow
money without the company's permission and that, in the lack of such permission, any loan is
null and void.
Reporting to shareholders
Directors must provide shareholders with all information about the work of the company, which
helps the director to promote the success of the company, according to the Company Act 2006.
10. Public Company raise its capital
Depending on the type of company, businesses will have different methods to raise capital.
Public companies are legally recognized as having the authority to sell their shares to anyone.
With any business, the need for capital is always urgent. Therefore, raising capital is a central
task of the business. There are many ways to raise capital on the market today. But there are
businesses that raise capital quickly and there are also businesses that face many difficulties.
Therefore, depending on the specific situation, businesses choose the most effective method
and there are a total of four ways to do it. The first is to raise capital from shareholders,
however, this is a non-fixed source of capital, which can be repaid after the completion of the
project and distribution of profits. The second is to raise capital from undivided profits. There are
many companies that keep profits to share with shareholders and use that profit as a source of
capital to reinvest. This is a popular form of capital mobilization that helps businesses always
have reserve capital to be ready for new business and investment projects. The third is to raise
capital through the issuance of shares. Listing on the stock market is one of the most popular
ways to raise capital today because it helps businesses have large capital by issuing shares.
However, not all businesses can do this, especially when the business has no reputation or
competitiveness. Finally, a business can raise equity without generating new capital by selling
shares of existing shareholders or by issuing new shares to the public. The inclusion of
securities of major public companies on the Financial Conduct Authority's Official List would be
financially feasible and the information provided would be publicly used in the listing application.
11.
According to the case study, Hard Steel should bring the problem to the County Court because
all cases received by the County Court exceed £25,000. In this case, this is a “£28,000 lawsuit
against a multi-rail system”. Judges manage these matters and determine and maintain track of
the parties' schedules. Cost forecasts are either agreed upon by the parties and approved by
the court, or they are published by the court. Almost all cases that could previously be
considered in the High Court can now be handled in the County Court provided they fit under
particular and moderate cost constraints, according to the Courts and Legal Services Act of
1990. (CLSA 1990). The provisions of the CLSA 1990 seek to restrict the High Court from
considering anything save the most difficult, costly, and specialized matters. In this case, this
matter should be considered in County Court since the circumstances are not too serious and
there is no injury, merely a disagreement in the fundamental contract. Hard Steel must perform
many stages in order to claim the case. They first must prepare the claim letter and pre-action
procedures. Then they must describe the problem and the grounds for the claim. Following that,
Hard Steel must await the defendant's answer and the allocation decision of the court. The
Administration's determination, known as the interlocutory phase, comes next. The trial of the
case and the execution of the judgment make up the last step (2021).

 Court procedure
According to the case study, this is a civil case. According to Adams (2016), civil proceedings
will have 5 main steps before reaching the stage of trial and judgment enforcement:
Letter of claim and pre-action protocols
In the first stage, the plaintiff (Hard Steel) must send a letter stating the complaint and the
respondent (Smart Constructor) needs to clarify the actions related to the breach of contract.
Based on the case study, Hard Steel and Smart Constructor are both enterprises operating in
the construction field, so this issue will be considered as a technical and construction dispute.
Regarding pre-action processes, the documentation submitted should be fairly precise and
clearly define the type of litigation of the case.
Issue of claim
The second stage requires the plaintiff to fill out a type of form with specified data to send to the
court. These data will then be reviewed before being processed. In this case, Hard Steel was
asked to detail the problems it had with the defendant Smart Constructor in order to resolve the
disputes.
Defendant’s response
Smart Constructor will have 21 days to admit the allegations coming from the plaintiff or make a
reasonable defense. If the court does not receive an answer, Plaintiff Hard Steel is entitled to an
early judgment for the amount mentioned in the lawsuit.
Allocation of case
The level of complexity and the price demanded in a lawsuit are the two main factors that
determine the cost and resources spent to serve the search for evidence. According to the
Rules of Civil Procedure, civil lawsuits Claims of more than £25,000 will be entered into the
District Court system to be checked and tracked over and over again, helping the judge make a
faster decision.
The interlocutory stages
After both parties have fully prepared their documents, the court will proceed to the interlocutory
stage, also known as the fifth stage. Because this is a multi-track instance, the Court has the
right to summon representatives or spokespersons of both enterprises. It may involve requests
for information, disclosures, and temporary orders at this stage, helping the court speed up the
process. The additional appearance of the third party is necessary to disclose additional
information in order to trace evidence related to the case. In the case of a temporary restraining
order, the court will order that the respondent not do anything, for example, take positive steps,
and this is a remedy that is fair to all parties. next to. In the current proceeding, a freeze order
would assist the respondent, as well as issue an injunction to prohibit the defendant from
causing further injury to the plaintiff.

 Trial of the case and executing the judgment

At this stage, the court will listen to the arguments of the two sides before reaching a conclusion
based on the current regulations. At the time of the argument, witnesses will be called to clarify
the situation and assist the court in making a decision. For judgment enforcement, in case the
plaintiff (Hard Steel) wins the case, the defendant Smart Construction will be forced to
compensate for the damage but will have to return to the court to carry out judgment
enforcement procedures.
12. Arbitration and Litigation

Litigation
The arbitrator decides the dispute by
appointing a neutral third party and
presenting evidence
This is the legal process by which a court
decides a dispute
Procedural rules and proofs cost a lot of
time and money
Either party may file an appeal based on
an alleged significant error in the court's
decision.
Parties may be required to take part in the
proceedings
The judge makes the decision for the
court without consulting
Advantages - Because litigation is made public, the
outcomes are obvious, and the courts will
use that information to reach a decision.
- It will set a precedent that will make
future occurrences easier to prove.
- Appeal to the court is possible
Disadvantages - Procedural rules and proofs cost a lot of
time and money
Arbitration
Confidential and private
resolution (Justicial, 2022)
By choosing a neutral third
party and providing evidence,
the arbitrator resolves the
issue (Justicial, 2022)
There is a faster and less
expensive solution (Justicial,
2022)
The arbitrator's decision is
final and cannot be appealed.
(Justicial, 2022)
Both parties must agree, and
there is a contract that
necessitates it (Justicial, 2022)
The arbitrator is chosen by the
parties based on their
competence (Justicial, 2022))
- A quicker and less
expensive solution
- Maintain the privacy
- Arbitrator rulings that are not
appealed can result in
mistakes and a lack of
transparency
- A lack of information in the
proceedings

References:
1. Adams, A. (2016) Law For Business Students. 11th edn. Pearson.
2. Riches, S. and Allen, V., 2009. Keenan & Riches’ Business Law. 9th edn. Pearson.
3. Law Teacher, 2013. McLoughlin v O'Brian. [Accessed 1 December 2022]; Available
from: https://www.lawteacher.net/cases/mcloughlin-v-obrian.php?vref=1.
4. Donoghue v Stevenson (1932)
5. Chadwick v British Rail (1967)
6. Dooley v Cammell Laird (1951)
7. Participation, E. (no date) Companies act 2006, Legislation.gov.uk. Statute Law
Database. Available at: https://www.legislation.gov.uk/ukpga/2006/46/contents
8. (no date) Giới Thiệu về phương Thức Giải Quyết Tranh chấp Bằng Hòa giải tại
singapore. Available at: https://moj.gov.vn/tttp/tintuc/Pages/nghien-cuu-trao-doi.aspx?
ItemID=48
9. Directors' responsibilities during insolvency - House of Commons Library (no date).
Available at: https://commonslibrary.parliament.uk/research-briefings/cbp-7936/