business law assignment help ottawa
The Role of Business Law in Protecting and Regulating Commercial Activities: A Comprehensive Study
Business activities require the conduct by people of their financial dealings either in buying product, producing it or marketing it. These dealings may be entered into by a sole proprietor or a big enterprise carrying on business. The activities may be local or even international activities. Business law regulates the conduct of business activities. It defines the relationship between buyers, sellers of goods and services as well as the relationship among the businessmen and the business conducted between them. Business law is not static. It changes with the change in political and economic conditions not only of one country but of neighboring countries and of the whole world, especially when trade, business and commerce are carried on a global basis. The complex laws and regulations that one finds in this area of the law are not totally clear till one is able to appreciate the context in which they are born and applied. The totality of the legal norms which regulate business law constitutes, in the words of Prof. Osborn, rules and principles which determine the nature of business entities, the relations between them in the conduct of their business affairs and the relations which they have with the outside world in the pursuit of their business activities.
According to Prof. AR Osborn, business law is the “rules and principles which determine the nature of business entities, the relations between them in the conduct of their business affairs and the relations which they have with the outside world in the pursuit of their business activities.” This definition gives us the threads that we may weave together to understand what business law is. These three conceptual threads are: nature of business entities, nature of relations between them and nature of relations between business entities and the state and business entities and those who are not their members.
It must be appreciated that the regulatory role is being discharged not only by domains of criminal law or administrative laws but business laws have a vital branch of civil laws and if offences are committed during the course of trade and commerce, criminal law also comes into picture. The study of business law at the undergraduate level is aimed at ensuring that the students understand the essential legal concepts and doctrines that govern businesses. It does not go into the details of the entire ambit of regulations that specifically govern these enterprises. Inherently, there is an undertone assumption that modern-day businesses are involved in exercising their rights and discharging their obligations in an ethical manner and are committed to ensure the welfare of not only its immediate stakeholders but also the maximum possible number of people both locally and globally. Rather, it’s an acknowledgement of the business and commercial activities being stated being undertaken ethically.
The plethora of everyday commercial activities that have become indispensable in the modern-day era of ceaselessly-driven commercial pursuit and enterprise would have hardly seen continued process if response of law’s silence to these commercial transactions. Had rules regulating business not been there, implications would have been multi-directional and absolutely indeterminable. One research reveals the crucial interplay between law and commerce sums up that the present need for greater understanding in the area: “Except in primitive and pre-modern societies, commerce is structurally so entwined within the social relations and cultural assumptions and practices of contemporary social life that it is not possible to articulate a ‘pure’ conceptualisation of business that is free from social, legal, political, and economic understanding. Nor is it possible to conceive a legal system that is disconnected from legal processes that regulate social and economic life.” Notably, in countries like that of USA, France and large part of Europe, a separate course of study and exposition is in practice.
If traders are engaged in commerce and wish to ensure that they are operating within a legal framework, they must ensure that they are in compliance. Trading can continue to expand while keeping an eye on the value of the stock. The administration and operation of some companies can ensure cooperation within our society by abiding by regulatory laws. These organizations change their value and buy shares from the public, which are generally sold out by entrepreneurs who can readily buy and sell their inventories. Today, everybody is constantly trading in the marketplace around the world, executed by Trades Securities. Compliance with company law and administrative applications is not relevant in respect of construction and other rights, in other words, as a practical opportunity for investors’ recovery or relief. Political motives driving the regulation of companies can serve “justice,” such as ensuring that companies are consistent with social norms and that companies are operated in a neighborhood recognized as generally reputable. The appraisal of the trading can expand the value of the stock in trustworthy businesses that respect the rule of law. For the citizens who are either employed or supported, these social standards represent the “nature of law” validity.
This section analyzes regulatory frameworks and compliance mechanisms in commercial transactions. It explores the various requirements and standards that businesses need to comply with to ensure that they conduct business activities legally in society. It also discusses how different regulatory norms function and help in ensuring business operations in society. This approach provides greater clarity and equivalence in understanding compliance from a societal perspective, giving it rights and norms that are central to our understanding of commerce. Such an approach relates to social norms and therefore has greater potential to regulate new companies, which otherwise appear to thrive under general economic considerations of profit-making. Understanding separate areas of company regulation can help practitioners and scholars seek to advise firms where different strategies to complement legal compliance would be beneficial. The default is that under company law, trading firms are required to conform to market-perfect assumptions, which bear the opportunity for non-compliance with the regulatory provisions as summarized above. Non-compliance with regulations brings with it a variety of commercial and individual sanctions. These sanctions are generally invoked when firms violate laws in a society where societal norms are reflected in regulation.
In studying the laws that govern business practices, it is often possible to learn some of the difficulties or consequences of the laws themselves. These can highlight some vital underlying principles of legal reasoning as it directly affects business and commerce. The above case studies will include information on, for example, the effect of negligence on businesses, as well as some impacts that can come from new laws or new areas of business. While the cases may be from a business law textbook, magazine, journal, or other source, once they are in this collection, it is expected that the case will be used differently, namely as an illustration of how the various laws studied in the theoretical chapters apply to real-life business settings.
Case studies and analysis of business law in practice. This chapter will provide case studies to assess the impact, both positive and negative, that business and commercial law plays in practice. As the above theoretical overview has indicated, business law is, in fact, a necessity if businesses and commercial activities are to be protected and regulated. The case studies are an important illustration. The case studies will range across a number of legal systems and examples of business law that are important and often referred to in legal and regulatory texts. These case studies may come from statute or case law, and from a practical perspective and practice rather than being in the abstract.
In a wider context, there are significant social trends that the law cannot entirely predict and accommodate, therefore there is a level of uncertainty in discussing whether the laws of any given country will still be very relevant in the near future. Socio-economic and geopolitical factors will affect and change in turn the laws that relate to the economy. Developed nations in, for example, Western Europe and North America are being urged to take stricter measures in order to reduce pollution. This, in turn, will lead to a switch in the way businesses are managed. Those nations that do not act will inevitably be forced to trade with nations operating under more ethical systems, as businessmen are looking for contracts for manufacturing and shipping. It is thus difficult to say what aspect of business law judges will be looking into next. Of the possible future changes or creation of business laws, some predictions are listed below: Clarification and development of e-money, e-firms and the infrastructure for e-commerce; criminal responsibility for firms; investigating international criminal activity and the way the courts make judgments concerning it including possible future EU harmonization; protection of intellectual property rights. Are people prepared for growing markets in genetically produced crops? As society changes and the ecological system increasingly dominates the public’s view of how business should be conducted, social law and employment laws will be affected more widely and more directly than commercial laws, which remain a relatively small area; it is worth noting that another deeper topic in commercial law is the growth of franchising and the reason why it works both as an economic system and legally. It is, however, also clear that, as has historically been the case, the people and the markets, or in other words, society, will have to stand back and examine what the new environmental issues are created by growth and consider new legislation. Given that business law is a social concept, it may be hard to say what the people of tomorrow wish to occur in the commercial world.
Given the ongoing impact of globalization and the fact that current commercial laws have developed to such an extent that even commercial law specialists find it hard to stay updated, it is clear that the only constant about business law is that it will continue to change to relate better to our society and our businesses. We must also remember that businesses themselves are dynamic. As businesses diversify and range over more activities, they bring together around them commercial laws that have provided the rules and the comfort for other commercial ventures. Businesses will adapt to changes and, if they see that interacting in a certain manner with other businesses is common and not against established law, or at least not checked by the authorities, they will continue. The law has always lagged behind society to a certain extent, and the future is doubtful in this way. The immediate future looks a little brighter in terms of unification of laws that is currently ongoing, making it theoretically easier for businesses that operate worldwide to understand more fairly about the assumptions of doing business in these areas.
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