The rule of law
The rule of law is rules set to protect the business, limit abusive practices by the government towards businesses, and restrict consumers’ exploitation. It can simply be defined as the set of rules or guidelines for running a business. The rule of law can be applied as a managerial tool in various ways; provides rules to be followed be the business and individual in order to avoid penalty.it not only allows individual to comprehend what is expected to them but also rules are set for the business in order to understand what is expected from them through their transactions. Secondly, if disputes arises, peaceful and reliable means will be applied by the rule of law to settle disputes. Thirdly, contracts between people and merchants were governed by the rule of law. This will protect the business from contractors who do not deliver. Fourthly, rule of law guides the employer on the rules to be followed in order to run a business smoothly and employees’ obligation towards employers.
Additionally, business property is protected by the rule of law. It covers both nontangible and tangible property. The nontangible property includes copyrights, trademarks, or trade secrets. Tangible property such as equipment is protected without incurring an extra cost of hiring private security or physically safeguard it by yourself. Also, the rule of law protects people from exploitation by businesses. The use of deceptive methods or hick prices by firms is prohibited. Finally, the rule of law provides a platform for protecting businesses against the government, which may impose unfavorable policies such as high taxation, brides for permission to do business, etc. absence of the rule of law will mean vigilante justice for the wrongs committed to them.
Different issues and laws that affect a business are stated in this paragraph. Employment classification is essential to be established for legal contract binding including the employee’s status such as full-time employment, independent contractor, etc. in the UK, casual workers work for a specific organization occasionally and are allowed to reject the job opportunity, but they are still under the supervision by managers and agrees to the business terms and condition. Another issue is immigration audits, where the business asserts that every employee can legally work in the UK. Considering the UK, the informed legal advisor is consulted by the employers to determine if the prospective employee is eligible. Additionally, inadequate collection of data. If you consider opening a business in Europe, a privacy policy is required and should comply with GDPR. IT ensures that online users’ personal data is protected, and the user can only share their details after confirming their consent. Another issue is discrimination. The UK legal system does not give room to discrimination allegations such as gender, disability, age, ethnicity, etc. however, intellectual property protection is another issue. UK advocates for the registration of trade make patents, designs, copyright, trade secrets, etc.
The following are the legal tools used to run the business; trademarking is a symbol that differentiates services and goods from other companies. The second tool is patented, which gives the owner the right to sell, preventing others from creating or importing the product. Another means is compliance; it ensures business in accordance to rules and applicable laws. The different legal approaches are philosophical, which explains the nature of justice for solving business disputes. Secondly, psychological, this deals with the understanding of the individual role and sociological, which deals with the society surrounding the business.
Question 1
There are various types of alternative dispute resolution
Facilitation
This ADR form is where a resolution is met when a neutral third person is introduced and works with both sides to reach an agreement. It assumes that both sides what to reach a settlement. Negotiation is done through e-mail, written correspondence, or mobile phone contacts.
Mediation
Outcomes are controlled by the parties, and it is more formal. Acceptable mutual dispute resolution is reached by introducing an impartial mediator. The parties govern any discussion and agreement reach. The mediator lists to both party story and identifies the cause of the dispute, options for resolution is offered, and an agreement is reached.
Arbitration
The arbitrator is responsible for coming up with a decision to solve disputes. Both sides present their argument and evidence, and then an outcome is decided by the arbitrator. Arbitration can be in two forms, binding or non-binding .binding arbitration implies that both parties will accept the arbitrator decision without a trial right. Non-binding means if a party is not contented with the arbitrator decision, they can request for a trial.
Neutral Evaluation
This is where a neutral party gives an opinion on both parties’ weaknesses and strengths after they have presented their case. This method is mostly used in the case that are technical issues that require an expert and where there aren’t emotional or personal barriers to reach an acceptable settlement.
Settlement Conference
A possible settlement of the dispute by both parties will be reached through the interference of a judge or a referee. The judge will only help both parties to identify their case strengths and weakness without making any decision.
According to my own opinion, the best method to solve his dispute is by using the arbitration method. This method will restrict parties from interfering with the decision since decision-making is left to the arbitrator. This will reduce biases, fast decision making, and reduce interfering in the outcome to favor their interest.
Question 2
The best business structure I recommend for sally is a partnership. Joint ventures such as partnership have advantageous properties like burden sharing, better decision making, more partners is accompanied by more capital, requires less legal formalities to start, diverse knowledge and skills from partners, etc.
Question 3
To protect the brand design and recipe, don’t file patents. Patents filing will provide a recipe for creating a similar product. With the help of a standards association, sally can standardize her ideas to block others from recreating such an idea.
Question 4
- Sally faces health and safety ethic issues. There is also harassment where the gym offers her a five-year contract for her silence of their harmful product. This statement can be supported by the utilitarianism ethical theory. Act utilitarianism is most applicable since it’s when a person benefits through conducting certain activities against personal feelings or law.
- A salesperson ethic will include transparently to consumers, no discrimination of customers regardless of their background, ethnicity, tribe, fair pricing, etc. The company they work for should operate by the rule of law, competes fairly, a good relationship with customers and investment, etc.
- The resolution of ethical issues can face certain barriers, which include a lack of knowledge of ethical standards. This is done through continuous awareness of standard and ethical codes. The other obstacle is fear of being criticized, substance abuse such as alcohol by a counselor can influence their decision.