DOI 10.17605/OSF.

IO/EN4VQ
ORCID 0009-0009-2559-6676

Contents
Portfolio ........................................................................................................................................................ 2
Concept Map............................................................................................................................................. 2
Factsheet Summarising Contract Laws in European Union (EU) and the UK ........................................... 5
The Concept of Intellectual Property ........................................................................................................ 6
Interview ....................................................................................................................................................... 8
Infomercial .................................................................................................................................................. 12
Memo .......................................................................................................................................................... 15
References .................................................................................................................................................. 17
 DOI 10.17605/OSF.IO/EN4VQ
ORCID 0009-0009-2559-6676

Portfolio

Concept Map

UK Law

National Law International Law

Private Law
Public Law
International International
Public Law Private Law

Administrative Law Criminal Law Civil Law

Contract Law Tort Law

Figure 1: Concept map of different types of laws in the UK.

The United Kingdom (UK) is a constitutional monarchy where the Head of State is currently the

Queen (part of the monarch) rather than the president. The roles, functions, and power are

considered via convention, among them being that the monarch should be neutral politically

(Bodleian Libraries 2021). The UK has three legal systems for England and Wales, Scotland, and
 DOI 10.17605/OSF.IO/EN4VQ
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Northern Ireland (Rab 2021). The former two nations use the common law system combining the

approval of legislation by parliament, which includes the Monarch, House of Commons, and

House of Lords, and the creation of precedents via case law (Rab 2021). The House of Commons

is elected the population, with the Prime Minister being a traditional member of the House (Rab

2021). On the other hand, the judiciary is appointed to control the Court System and case law and

is separate from the Parliament (Bodleian Libraries 2021). However, these systems are the UK law

emanating from applicable laws to the UK, including its citizens. The UK law is summarized in

the concept map highlighting the different types of laws governing the UK [Figure 1].

International law: This law comprises principles and rules that govern the relationships and

dealing of countries with each other, including the relationship between individuals and states,

including international organizations' relations (Legal Information Institute n.d.).

International public law: The law is concerned with questions regarding the rights between

nations, nations and citizens, and/or other nations' subjects (LII n.d.).

International private law: The law is concerned with the controversies between private

individuals that emerge from situations significantly tied to multiple nations (LII n.d.).

National law: This is also known as domestic law and are the existing principles and rules

governing a specific nation/state often entrenched in the constitution (Clegg et al. 2016, p. 3).

Private law: This is concerned with the relations between persons with each other: private

relationships between citizens and firms which are not important to the public (The Open

University 2020).
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Public law: These are rules regulating the relationships between private individuals and the state,

and they are prepared and imposed on behalf of the community by the government (The Open

University 2020).

Administrative law: These are laws that guide the government's executive branch and its

departments in the activities and primarily deal with the powers of the government (Craig 2015,

p. 12).

Civil law: These are rules where certain behaviors/actions, for instance, traffic violations, are

punished by the state for ensuring the protection and safety of the state (Slater and Gordon Lawyers

2020). These laws do not significantly emphasize the precedent but rather focus on the law's

codification and are dependent on written statutes including other legal codes which are

consistently updated and that establish the procedures for legal cases, punishments, and admissible

evidence in court (Cromwell 2019).

Criminal law: These are laws employed to establish legal solutions when there are conflicting

persons, for instance, in a divorce/lawsuit (Slater & Gordon Lawyers 2020). The law hence offers

a definition of the criminal offenses and regulates suspect's apprehension, charging, and trial,

including fixing the penalties and applicable treatment for convicted offenders (Norton 2020).

Contract law: The laws here deal with contractual agreements between multiple parties and the

penalties for breaching the agreement (Allen & Overy Lawyers 2016). A contract herein is an

agreement that gives rise to obligations that can be enforced/recognized by law (Allen & Overy

Lawyers 2016). The agreement here is between two/more person that creates reciprocal legal

obligation between the parties either to engage or not engage in specific activities (Allen & Overy
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Lawyers 2016). However, it is critical to note that not every agreement can be enforced through

the law.

Tort law: These laws handle civil wrong perpetrated by one entity/person to another and causes

an injury/unliquidated damage (Laver n.d.). A tort is described as an act/omission that results in

an injury/harm to another person and amounting to a civil wrong that courts can impose liability

(LII n.d.). Injury herein refers to the invasion of one legal right while harm is a loss/detriment in

fact suffered by an individual (LII n.d.).

Factsheet Summarising Contract Laws in European Union (EU) and the UK

Factsheet of the Summary of the EU and UK contract laws

Definition The laws governing the agreement between private parties which creates mutual
obligation (Information Institute n.d.).
A set of promises which can be enforced by the law (Collins 2008, p. 208).
Laws that offer a remedy to the breach of a promise/set of promises or the breach
in the performance of a duty (Srivastava 2020, p. 88).
Legal rule via private regulation forming rights and duties that are enforceable in
court (Brownsword et al. 2017, p. 348).
Types of Oral, written, and partially oral and written (Poole 2016).
contracts
Users Anyone conducting business (Poole 2016).
Companies and consumers when purchasing and selling goods (Poole 2016).
Those licensing products/activities (Poole 2016).
Those entering into employment and insurance agreements (Poole 2016).
Lawyers and any parties entering an agreement (Poole 2016).
Application When licensing products/services (Poole 2016).
In employment contracts (Poole 2016).
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In insurance contracts (Poole 2016).

Sources Statute of Frauds: In England, this is considered the source of contract law. The
Statute was enacted in 1677 in the country and has been adopted in different
forms, which today form the Statutory Law (Law n.d.).
Common/Case Law: This is law derived from judicial decisions rather than
statutes; therefore, they are unwritten laws founded on legal decisions made by
the court (Poole 2016).
Primary Offer, acceptance, consideration, and the intention to create legal relations (Allen
Sections & Overy Lawyers 2016).

The Concept of Intellectual Property

Intellectual property (IP) are the mental creations of persons, for instance, inventions and

innovations, literature, artwork, designs, symbols, names, and images used for commercial

purposes (Mazzarol & Reboud 2019, p. 485). Therefore, IP law relates to laws for protecting and

enforcing the rights of creators and those who own inventions, writing, music, designs, and other

novel works (Grama 2020, p. 251). The objective of IP law is to encourage creativity and the

development of a broad range of intellectual goods and services by giving businesses and people

the rights to the information and intellectual goods/services they often create for a limited time;

however, in other instances, the protections may be indefinite (Grama 2020, p. 251). There are

various forms of protection/rights provided to IP under IP law, and these are summarized in the

table below.

Table summarizing existing rights/protection provided under IP law.

IP Rights Protections Description Features Examples
Copyright The rights/protections offered to Divisible, transferable, Books, music,
creators under IP law over their intangible asset lasting for a paintings, sculpture
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literary and/or artistic work limited period, restricts and films, computer
(World Intellectual Property unauthorized use of another programs,
Organization n.d.). person's work, offers automatic advertisements,
protection, is suable, and creates maps, and technical
financial benefits (Canadian drawings, to
Institute of for Knowledge mention a few
Development 2020). (WIPO n.d.).
Patents An exclusive right is given for an Novelty, usefulness, and not Pen with a scanner,
invention; hence the inventor has obvious (DeBie 2009). Steel kidneys, The
the right to determine blood rocker, and
how/whether the invention can be Breastfeeding shirts
used by other parties (WIPO (Swedish
n.d.). Intellectual
Property Office
2014).
Trademark A sign that can distinguish the A mark, including a device, Brand names,
goods/services of one enterprise heading, brand, label, ticket, product names,
from others (WIPO n.d.). signature, word, letter, name, Company logos,
numeral, packaging, or color and Slogans
combinations or any (UpCounsel 2020).
combination of the attributes
above, is easily spoken/spelled,
memorable, short and simple,
unique, coined words,
suggestive, and permitted under
IP laws (Intellectual Property
Office n.d.).
Industrial designs They are ornamental/aesthetic The dimensions of the element: Patterns, lines,
elements of an article (WIPO three/two dimensions (WIPO color, shape, or
n.d.). n.d.).
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surface (WIPO
n.d.).
Geographical These are signs used on goods Name of where the goods Made in China,
indications/appellations from a particular origin and have originated from (WIPO n.d.). Made in Thailand,
the qualities, reputation, or or Made in Japan.
attributes specific to the place of
origin (WIPO n.d.).
Trade secrets These are rights to confidential Private, have economic value Google's search
information that may be and are actively protected algorithm and
sold/licensed (WIPO n.d.). (Frankenfield 2021). Coca-Cola formula
(Frankenfield
2021).

Interview

(a)

At the core of consumer protection is recognizing that every individual has the right to access

goods and/or services that are safe and of high quality. In addition, they should receive fair

treatment, and where a wrong is done to them, they should be provided with effective solutions.

To ensure consumer protection, various consumer protection laws have been established to prevent

firms from engaging in fraudulent or non-specific unfair business practices to gain competitive

advantage or mislead consumers (Department for Business Enterprise & Regulatory Reform

2008). The most recent Act is the Consumer Rights Act 2015 enforced on 1st October 2015 (Flynn

& Broadhurst 2019). The Act consolidated and replaced the following Acts, Sale of Goods (1979),

Trade Description (1968), Supply of Goods and Services (1982), Consumer Protection (1987), and

the General Product Safety Regulations (1994) (French 2021).

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The introduction of the Consumer Rights Act 2015 has been accompanied by numerous benefits,

among them, being providing more strength, including the modernization of consumer rights in

the country (French 2021). In addition, the Act has provided greater clarity and eased the

understanding of the consumer protection laws (Citizens Advice 2021). The implication here is

that consumers can purchase, and firms can confidently sell goods and services (Citizens Advice

2021). Further, in case of disputes, the current Act allows for rapid and inexpensive dispute

resolution. For instance, it has provided alternative channels for dispute resolution, such as via the

Ombudsman, which allows a quicker and more affordable dispute resolution approach than the

court system (Citizens Advice 2021). Moreover, the changes apply to all consumers and businesses

directly selling to them (Citizens Advice, 2021).

Furthermore, by consolidating the previous Acts, the 2015 Act strengthened the legislation of

rights and remedies tied to consumer products and services, for instance, by providing new rights

and remedies regarding digital content to the consumers (French 2021). Also, the reforms inherent

in the Act have made significant changes tied to unfair practices in customer contracts and has

added more legal provision tied to secondary ticketing sales (French 2021). In addition, the

transparent rights bass has offered consumers in the UK an opportunity for making an optimal

decision that ensures they save time and money (Flynn & Broadhurst 2019). Notably, the remedies

and rights of consumers have significantly improved through the changes in definitions. In the Act,

a consumer is described as a person working for purposes completely/primarily outside the areas

of trade, profession, or business (Flynn & Broadhurst 2019). This definition is broader than the

previous definition that considered consumers but operated mainly compared to wholly for

purposes unrelated to business (Flynn & Broadhurst 2019). Moreover, fully refundable laws have

also changed. Under the new Act, consumers have a 30-day window to be fully refunded for
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defective products, which is significantly more compared to previous Acts (French 2021). The

refunds can also be made for second-hand products purchased from a retailer (French 2021).

Finally, digital content, for instance, music and films purchased online, are also refundable if they

do not work correctly and in case they introduce a virus to the consumer's device (Flynn &

Broadhurst 2019).

(b)

Employment laws govern the employer-employee relationship. The laws offer guidelines to the

actions of employers and employees within the working environment. These laws are enforced to

ensure fair practices towards employees in every firm, for instance, when recruiting and

terminating employees, making it crucial for businesses in the country to implement employment

laws to guide their engagement with employees. A lack of or poor implementation of these laws

would result in unfair/illegal employment practices.

The UK has multiple laws, including the Employment Rights Act 1996, an updated version of the

country's labuor law, and comprises the termination, paternity and maternity leave, and unfair

dismissal rights (Croner 2020). In addition, there is the National Minimum Wage Act 1998 that

sets the employees and employers National Minimum Wage (NMW) in the country (Croner 2020).

Furthermore, there is the Maternity and Parental Leave, etc. Regulations 1999, which is a statutory

legislation governing time spent outside work (Croner 2020). Moreover, there is the Part-Time

Workers (Prevention of Less Favourable Treatment) Regulations 2000, a labour law measure

requiring employees under part-time contracts to be treated the same way as persons on full-time

contracts and doing similar work (Croner 2020). In addition, there is the Transfer of Undertakings

(Protection of Employment) Regulations 2006, which protects the rights of current employees,
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including the employment contracts/promises during the company's transfer (Croner 2020). There

is also the Equality Act 2010, which prevents workplace discrimination, including discriminative

practices during recruitment, and the Agency Workers Regulations 2010, which is a statutory

legislation preventing the discrimination of employees working for employment agencies.

Finally, there is the Employment Relations Act 2004 that is an amendment of the Employment

Relations Act 1999 and was enacted on 16th September 2004. This has allowed the country's

government to fund the operations of trade unions and the union's federations (Hall 2004). The

Act's primary focus compared to the previous Act is the establishment of statutory processes for

recognizing trade unions for collective bargaining (Hall 2004). Despite the previous Act being

properly operational, it was noted that it was possible to improve the recognition process and make

trade union advancements in multiple areas (Hall 2004).

The scope of the 2004 Act includes implementing the European Court of human rights analysis to

ensure the clarity of the union members' rights to use the union's services (Hall 2004). In addition,

it has improved the process of statutory recognition as it offers a more precise description of the

purpose of collective bargaining (Hall 2004). Moreover, improvements have been made to the

statutory recognition process through a more concise description of the purpose of bargaining (Hall

2004). Furthermore, it offers employee termination protection where there is a possibility of legal

action through the extension of the protection period from 8 to 12 weeks and has also extended the

lockouts of protection by 12 weeks (Hall 2004). Moreover, it clarifies the companion role

regarding grievance and disciplinary committee, and racism-related activities are also strengthened

within the Act as provoked by trade unions (Hall 2004). Finally, the Act offers new protections

against dismissal for employees and has enhanced the provision of the NMW (Hall 2004).
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Infomercial

(a)

Various types of business exist and vary depending on the ownership and registration

requirements. As discussed below, the types of businesses are sole proprietorships, partnerships,

limited liability companies, and corporations and have varying legal implications.

Sole proprietorship: This is an incorporated firm with a single owner and is a simple business

with minimal legal and financial protection to the owner (Corporate Finance Institute n.d.).

Compared to partnerships and corporations discussed later, the owner is not legally separate from

the business; hence the business identity is shared with the owner (CFI n.d.). Therefore, the owner

has full liability; however, the business is easy to establish with minimal legal requirements and

costs.

Partnership: This is a business formed by two or more persons (CFI n.d.). In such a business, the

flow via taxation advantage is taken by the partners similar to sole proprietorships; therefore,

income is considered to be that of the owners hence taxed once, and the owners become responsible

for the liabilities of the company (CFI n.d.).

Limited liability Company (LLC): This is a hybrid business and shares attributes inherent in

partnerships and corporations. The LLC can take tax benefits of partnerships and LLCs and benefit

from the limited liability status (CFI n.d.). The company is deemed separate from the owners, who

are hence not liable for the firm's liabilities and operations (CFI n.d.).

Corporations: This is a business that is separate as an entity from its owners (CFI n.d.). Hence,

the owners are not personally responsible for the obligations and legal issues related to the
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company (CFI n.d.). Corporations are increasingly complex than the other forms of business, and

the shareholders have limited liability and minimal engagement with the firm's operations (CFI

n.d.).

(b)

A company's formation process refers to the procedures for incorporating a business (Bagrial 2009,

p. 79). This is the critical first step of establishing a business with numerous legal requirements

and procedures at the start (Bagrial 2009, p. 79). Therefore, all legal requirements should be met

before launching the business, and each company must follow an established process to

commence. The formation process comprises for stages discussed below.

Promotion: This is the first stage and involves all activities required for building the enterprise,

including its organization and strategies for executing the business plan (Bagrial 2009, p. 79).

Promotion is critical in creating awareness of the business products and/or service and a positive

perception of the business (Bagrial 2009, p. 79). Consideration should be made on the best

approaches for promoting the company's ideas, and the development of an effective and attractive

strategy is critical (Bagrial 2009, p. 79).

Registration: A firm exists when it is registered, and the company formation becomes complete

after it is registered under the Companies Act (Bagrial 2009, p. 79). Registration requires several

documents that include the Memorandum of Association (MOA), Articles of association (AOA),

directors list, director's written consent, and statutory declaration (Bagrial 2009, p. 79).
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Re-registration: This process involves making amendments to the company's legal status, and the

revised certificate is given to the company's house and contains the company's new legal status,

name, and date of re-registration (Bagrial 2009, p. 79).

Commencement: This stage occurs after the company receives the certificate of incorporation for

private companies and after receiving the certificate of commencement for public companies

(Bagrial 2009, p. 79).

(c)

An agent from a legal perspective is an individual that has legal permission to act on behalf of

others/an entity (Principal) (Rendtorff,2017, p. 231). They can negotiate on behalf of the

company/client and enter into agreements on behalf of the Principal and a third party as per agency

law (Rendtorff 2017, p. 231). The law is often applicable in contractual settlements and

commercial relationships. For example, in employer-employee relationships, the employer

provides the employee with the right to perform the company's activities on their behalf. The

agency law has three parties: the Principal, agent, and a third party (Pathak 2013, p. 408).

Therefore, it is focused on different relationships within and outside the company (Pathak 2013,

p. 408). The relationships include Principal-agent, Principal-third party, and agent-third party

(Busch et al. 2016, p. 248). Therefore, the law acts as a contract by one party to trust another to

engage in the business operations on its behalf. The law can be established in multiple ways: oral

and written express settlement, inference, and the Principal's conduct (Busch et al. 2016, p. 248).

According to the law, one cannot become an agent on behalf of another without having permission

(Busch et al. 2016, p. 248). The agency conducts all prearranged human and commercial activities,

and the firm cannot exist without having an agent and agency law (Busch et al. 2016, p. 248). For
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example, Toyota Motors manufacturing cars in India, but the activities conducted by the same

company in other countries can not be linked to the Indian firm.

Memo

Memorandum
To:

From:

Date:

Subject: Mergers and Acquisition for Market Domination/Survival and the Competition Act

1998 and EU Competition Law as Barriers.

Mergers and acquisitions have been effective strategies for ensuring market dominance and

survival for organizations. However, with the Competition Act 1998 and EU Competition Law,

challenges have been experienced in engaging in mergers/acquisitions. The purpose of this

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memorandum is to make a case for mergers and acquisitions for market dominance/survival and

highlight how and why the Competition Act 1998 and EU Competition Law act as barriers to

mergers and acquisitions.

In the UK, significant legislative changes have been made over the years to adopt the competition

law to the market demands and developments, including the implementation of the European

Commission (EC) Legislation. Multiple Acts have been enforced, among them being the

Competition Act 1998, which repealed nearly all the provisions in the Competition Act 1980.

Therefore, competition regulation in the UK is mainly through the Fair-Trading Act 1973, the

Competition Act 1998, and the EC Legislation. The legislation is implemented/directly applied,

for instance, European Council Regulations.

The laws within this jurisdiction refer to mergers and monopolies under the 1973 Act, anti-

competitive agreements, and dominant position abuse under the 1998 Act. The 1998 bans

agreements are considered to be against competition between firms where businesses can, for

instance, not get into an agreement with their competitors to fix prices/trading terms, such as

minimum price/price increases. In addition, firms cannot agree with their competitors to limit

production for competition reduction. Any agreement restricting competition is contained in the

Act, especially for firms with a significant market presence but including for smaller firms.

Therefore, such legal requirements prevent companies from merging or the engagement in

acquisition as this is deemed to be unfair competitive practices.

Sincerely,
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