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Assignment 1

Law is a system of rules established by an authority to regulate behavior and maintain order. The purposes of law are to provide a government structure, raise taxes for public services, regulate the economy, and promote order and security. Laws differ from social norms and organizational regulations in their authority and enforcement.

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0% found this document useful (0 votes)
19 views15 pages

Assignment 1

Law is a system of rules established by an authority to regulate behavior and maintain order. The purposes of law are to provide a government structure, raise taxes for public services, regulate the economy, and promote order and security. Laws differ from social norms and organizational regulations in their authority and enforcement.

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Huyền Linh
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© © All Rights Reserved
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ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Uni7: Business Law

Submission date Date Received 1st submission

Re-submission Date Date Received 2nd submission

Student Name Lê Thị Huyền Linh Student ID GBH210776

Class GBH21116 Assessor name Nguyễn Thị Thu

Student declaration

I certify that the assignment submission is entirely my own work and I fully understand the consequences of plagiarism. I understand
that making a false declaration is a form of malpractice.

Student’s signature

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Grade: Assessor Signature: Date:


Internal Verifier’s Comments:

Signature & Date:


Contents
1. Introduction .......................................................................................................................................................... 4
2. The definition of Law ............................................................................................................................................ 4
3. The Purposes of Law ............................................................................................................................................. 5
4. The purposes of UK Company Act 2006 ............................................................................................................... 6
5. Distinguish statutory law and case law................................................................................................................. 6
6. The role of the UK Parliament .............................................................................................................................. 7
7. The role of the Vietnamese Government in law making ...................................................................................... 8
8. How the court applied statutory law and case law in justice court ..................................................................... 8
8.1. Statutory law .................................................................................................................................................. 8
8.2. Case law ......................................................................................................................................................... 9
9. Evaluate the effectiveness of the legal system in terms of recent reform and developments of Vietnamese
Enterprise law 2020 ................................................................................................................................................ 10
10. Explain one legal suit in the UK ......................................................................................................................... 12
 Background ...................................................................................................................................................... 13
• Legal issue ........................................................................................................................................................ 13
• Judgment of the court ..................................................................................................................................... 13
11. Conclusion ......................................................................................................................................................... 14
References .................................................................................................................................................................. 15
1. Introduction
Law is a system of rules established by an authority to regulate the behavior of individuals and
organizations in society. Law differs from other social norms such as custom, custom or morality because
the law is binding and enforced by the state. The purpose of law is to maintain order, protect rights,
settle disputes and promote justice. In this article, I will explain the purposes of UK Company Act 2006,
the difference between order and court law, the role of the British Parliament and the Vietnamese
Government in making legislation, how the courts apply the law. Orders and judgments in the court of
justice, the effectiveness of the Vietnamese legal system in reforming and developing the Vietnam
Enterprise Law 2020, and an analysis of a legal case in the UK.

2. The definition of Law


Law is a set of rules that are created and are enforceable by social or governmental institutions to
regulate behavior. It is a rule of conduct developed by the government or society over a certain territory.
Law follows certain practices and customs in order to deal with crime, business, social relationships,
property, finance, etc. The precise definition of law is a matter of longstanding debate, and it has been
variously described as a science and as the art of justice (Ikenberry and Robertson, 2000).

Organizational regulations are specific rules, enacted and enforced by an organization, that govern
relationships within or relating to that organization. Regulations of the organization are contractual in
nature, that is, only binding on the parties participating in or related to the organization. The
organization's regulations are expressed through internal documents, charters, regulations, procedures...
(Smith, 2021).

The law will apply to all people in the territory of that country, the subject of the promulgation is the
state, it is coercive, the punishment will be from fine to imprisonment. Organizational regulations belong
to only one organization, only applicable to that organization, the promulgating subject is the head of
that organization, the level of civil penalties.

Example

Law on Environmental Protection 2020, promulgated by the National Assembly of the Socialist Republic
of Vietnam and takes effect from January 1, 2022. This law prescribes general, mandatory rules for
environmental protection, prevention and control of pollution, environmental degradation and
improvement, biodiversity protection and environmental resource management. This Law applies to
state agencies, organizations and individuals at home and abroad that have activities related to the
environment in the territory of Vietnam.

A specific example of an organization's regulations is the Operation Regulation of the Board of Directors
of Vietnam Dairy Products Joint Stock Company (Vinamilk), issued by the Board of Directors of Vinamilk
and effective from July 1, 2019. This Regulation prescribes specific rules on composition, duties, powers,
responsibilities and operating mechanism of Vinamilk's Board of Directors. This Regulation only applies
to members of Vinamilk's Board of Directors and parties related to the operation of Vinamilk's Board of
Directors.
3. The Purposes of Law
 to provide a governmental structure and legislative procedures (Adams, Caplan and Lockwood,
2020)

The law prescribes the way in which state agencies are established, organized, operated and dissolved,
as well as their rights and responsibilities in enacting, enforcing and monitoring compliance with the law.
For example, the 2013 Constitution is the highest legal document of the Socialist Republic of Vietnam,
stipulating the political, economic, cultural, social, defense and security regimes and basic principles on
the organization and operation of the State.

 to provide public services and to raise taxes to pay for them (Adams, Caplan and Lockwood, 2020)

The Law stipulates areas related to the development and assurance of public services for the people,
such as education, health care, transportation, social insurance, etc. The law also stipulates state budget
revenues, taxes, fees, charges and other revenues that people and businesses must pay to the State. For
example, the Personal Income Tax Law 2007 is a legal document that stipulates the calculation and
payment of personal income tax of people earning incomes from salaries, wages, business, real estate,
property transfer, etc.

 to regulate and promote the economy (Adams, Caplan and Lockwood, 2020)

The Law stipulates the economic principles and policies of the State, the rights and responsibilities of
economic organizations and individuals in the production, business, consumption and transaction of
goods and services. The Law also provides for measures to protect the legitimate interests of market
participants, encourage healthy competition and prevent acts of fraud, fraud, piracy, etc. For example,
the Competition Law 2018 is a legal document that regulates the establishment and operation of the
Competition Administration Authority; unfair competitive practices; competition agreements; interests
prevail in the market; penetrate the Vietnamese market; Dispute resolution...

 to promote public order and preserve national security (Adams, Caplan and Lockwood, 2020)

The Law stipulates measures to prevent, stop and handle acts that violate the law, cause insecurity and
social order, and affect the peace, stability and development of the country. The Law also stipulates the
armed forces, police, security and other organizations with the task of protecting the sovereignty,
territory, national security and interests of the State, and the lawful rights and interests of organizations
and individuals. For example, the 2015 Penal Code is a legal document that regulates crimes, criminal
handling measures, criminal judgment execution regimes and criminal judgment execution supervision.

 to give individual members personal rights and duties in relation to others and to enable personal
enforcement of these rights (Adams, Caplan and Lockwood, 2020)

The Law stipulates the basic rights of citizens, such as the right to life, liberty, equality, the right to
participate in the state management.. on compulsory and voluntary social insurance regimes for
employees; rights and obligations of social insurance participants; responsibilities of the State, social
insurance agencies and employers' organizations in the implementation of social insurance.
 to give legal validity to approved relationships and transactions between members of the society
(Adams, Caplan and Lockwood, 2020)

The law prescribes the conditions and procedures for the establishment, maintenance and termination
of relationships and transactions between individuals or organizations in society. The law also provides
for measures to ensure the binding and validity of these relationships and transactions. For example, the
Law on Marriage and Family 2014 is a legal document that regulates marriage, divorce, and
relationships.

4. The purposes of UK Company Act 2006


The UK Company Act 2006 is the main piece of legislation that regulates companies in the United
Kingdom. It replaced and consolidated previous acts and introduced some new reforms and changes.
The main purposes of the UK Company Act 2006 are:

 To modernise and simplify corporate law, making it more accessible and user-friendly for companies and
stakeholders.
 To codify common law, especially in relation to the duties of directors, making them clearer and more
consistent.
 To improve shareholders’ rights, giving them more power and protection in relation to the management
and governance of companies.
 To simplify the administration process, reducing the burden and cost of compliance for companies and
enabling them to operate more efficiently and flexibly.

The UK Company Act 2006 covers almost every aspect of how a company should be formed, run,
managed, and financed. It also unites company law across the entire United Kingdom, creating a single
legal framework for all companies. The UK Company Act 2006 is said to be the longest piece of legislation
approved by Parliament, with over 1,300 sections and 16 schedules

5. Distinguish statutory law and case law


Statutory law is a legislation, promulgated by legislative bodies at the national or local level, such as the
National Assembly, the People's Council... Statutory law is expressed through legal documents, such as
the Constitution, Laws, Decrees, Decisions, etc (Elliott, 2021).

Case law is a precedent law, formed based on the decisions of the judicial authorities at the highest level,
such as the Supreme Court, the Supreme People's Court... Case law is expressed through the judgments,
decisions, orders of the courts. Case law is specific, flexible and binding for similar cases (Selep, 2022).

Statutory Law Case Law


Issued subject Legislative bodies at the national Judicial bodies at the highest
or local level, such as the National level, such as the Supreme Court,
Assembly, the People's Council... the Supreme People's Court...
Form of promulgation Legal documents, such as
Constitution, Law, Decree, Judgments, decisions, orders of
Decision… courts.
Promulgation order According to the legislative
processes prescribed in the According to the adjudication
Constitution and the Law on processes specified in the Civil
Organization of the National Procedure Code and the Criminal
Assembly. These processes include Procedure Code. These processes
steps such as initiating a bill, include steps such as filing a
formulating a bill, discussing and lawsuit, receiving and resolving
passing a bill, signing and complaints, trial preparation, trial
announcing the law, etc. and sentencing, etc.
Application Procedure Enter into force for similar cases
Be binding throughout the from the date of entry into force
territory applicable from the date or from the date of publication.
of entry into force or from the Applies to cases where there is a
date of publication. Applicable to legal difference from the
all cases related to the content of statutory law or there is no
the law. governing law.

An example of statutory law in UK

An example of a statutory law in the UK is the Coronavirus Act 2020, which was passed to deal with the
COVID-19 pandemic. This Act grants emergency powers to public authorities to respond to the outbreak,
such as imposing lockdowns, restricting gatherings, closing schools and businesses, and providing
financial support to individuals and organisations.

6. The role of the UK Parliament


The UK Parliament is the supreme legislative body of the United Kingdom, which consists of three parts:
The Crown, The House of Lords, and The House of Commons. The main roles of the UK Parliament are to:

 Check and challenge the work of the Government, by questioning ministers, debating policies,
and examining evidence.
 Make and change laws, by introducing, scrutinising, and voting on bills that affect various aspects
of society.

Initiate Bill: A bill is a proposal to create or amend a law. A bill can be initiated by the government or by
members of the (non-governmental) parliament. A bill can start in the House or Senate, unless it involves
taxes or public spending, when it must start in the House.

Drafting Bill: A bill is drafted by legal experts under the direction of the bill's proponent. A bill must
adhere to the principles and rules of the language and form of legal text.

Discussion and adoption of a bill: A bill must be discussed and passed in both houses of the British
parliament. Each chamber has three readings of the bill, twice to debate its content and once to vote. In
addition, each house has a committee that reviews each article of the bill in detail and can recommend
amendments.

Sign and publish legislation: After a bill is passed in both houses, it is sent to the King (or Queen) for
signature. This is a form of ceremony, as the King (or Queen) has no power to reject or amend the bill.
After signing for approval, the bill becomes a Law of the English Parliament and is published in the
Government Gazette.

 Debate the important issues of the day, by providing a forum for MPs and peers to express their
views and opinions on matters of national and international interest.
 Check and approve Government spending and taxation, by reviewing and authorising the Budget
and the Finance Bill that set out how public money is raised and spent.
 The UK Parliament also has other functions, such as representing the interests of the people,
protecting human rights and democracy, and interacting with other institutions and countries.

The UK Parliament is different from the Government, which is the group of people who are responsible
for running the country. In 2021, there are 1,441 seats, including 791 Lords Spiritual and Lords Temporal,
650 Members of Parliament (MPs). The Government is formed by the political party that wins the most
seats in the House of Commons at a general election, and is led by the Prime Minister. The Government
proposes new laws and policies, but they need the approval of Parliament to implement them.
Parliament can hold the Government to account by questioning, criticising, or supporting their actions.

7. The role of the Vietnamese Government in law making


The Vietnamese Government is the highest executive and administrative body of the Socialist Republic of
Vietnam, under the leadership of the Prime Minister. According to Article 7 of the Law on Organization
of the Government, the roles of the Vietnamese Government:

 Formulating and suggesting strategies, plans, programs, proposals, policies, and other projects to
be submitted to the National Assembly and the National Assembly Standing Committee for
review and action.
 Make a determination regarding any strategy, planning, proposal, policy, or other program or
project that falls under its purview.
 Craft legislation and draft resolution projects for the National Assembly as well as ordinance and
draft resolution projects for the Standing Committee of the National Assembly.
 Report to the National Assembly and the Standing Committee of the National Assembly on the
Government's views on ideas for laws and ordinances submitted by organizations, agencies, and
members of the National Assembly

8. How the court applied statutory law and case law in justice court
8.1. Statutory law
The process of applying a written law can be divided into four main stages (Hệ thống pháp luật và quy
trình - trình tự, thủ tục lập pháp ở Việt Nam, 2022):

Stage 1: Analyze and evaluate correctly and accurately the circumstances, circumstances and conditions
of the actual event that happened. This is the stage to determine the legal nature of the matter, the
subject who has the authority to appraise the application of the law, and the factors related to the
incident. This stage can use professional measures such as assessment, experiment, investigation,
survey, etc. to clarify the truth.

Stage 2: Select the appropriate rule of law and analyze to clarify the content and meaning of the rule for
the case to be applied. This is the stage to search and compare relevant legislation, examine their
validity, validity and priority, and explain their meaning and application.

Stage 3: Promulgating a document to apply the law. This is the phase of banning legally binding
documents for organizations and individuals related to the incident. The document applying the law can
be a resolution, decision, order, directive, etc., depending on the competence of the subject that can
apply it. The document applying the law must follow the principles and rules of form, content and order
and procedure.

Stage 4: Organize the implementation of the issued application documents. This is the stage to develop
and check the observance and enforcement of the applicable law by the relevant organizations and
individuals. At this stage, incentives, support, complaint or dispute resolution, or deregulation may be
used to ensure the sure effect of the application of the law.

8.2. Case law


Judicial authorities hear cases according to the adjudication procedures prescribed in the Civil Procedure
Code and the Criminal Procedure Code. These processes include steps such as filing a lawsuit, receiving
and resolving a complaint, trial preparation, trial, and sentencing (Anderlini, Felli and Riboni, 2008).

Judicial authorities have a duty to abide by precedents established by judicial authorities at the same or
higher level. This is the principle of stare decisis, ie following what has been decided before (Ponzetto
and Fernandez, 2008).

Judicial authorities can create new precedents when there is a legal difference between the current case
and previous cases, or when there is no statutory law governing the current case. These new precedents
are binding on future similar cases (Ponzetto and Fernandez, 2008).

An example of 1 precedent in the UK court : Associated Japanese Bank (International) v Credit du Nord
SA 1988

The case involved a contract of guarantee between the plaintiff bank (Associated Japanese Bank) and the
defendant bank (Credit du Nord). The plaintiff bank had bought three engineering machines from a
fraudulent customer and leased them back to him, with a guarantee from the defendant bank. The
fraudulent customer failed to pay the rent and went bankrupt. The plaintiff bank sued the defendant
bank to claim the money. However, the parties discovered that the three engineering machines did not
exist.
The process and procedure of applying case law in this case were:

 The plaintiff bank filed a lawsuit against the defendant bank at the Commercial Court of England,
following the procedure prescribed by the Civil Procedure Act 1984. The plaintiff bank asked the court to
declare the contract of guarantee valid and compel the defendant bank to pay the money.
 The Commercial Court of England tried the case and declared the contract of guarantee void due to
common mistake. The court applied the principle of stare decisis, that is, following what had been
decided before. The court referred to the precedents on common mistake of the courts of the same level
or higher, such as Bell v Lever Bros [1932] AC 161, Galloway v Galloway [1914] 2 KB 571, Solle v Butcher
[1950] 1 KB 671.
 The Commercial Court of England also created a new precedent when it said that the contract of
guarantee had an implied condition that the three engineering machines existed. The court said that
common mistake could make a contract void when it made the contract “essentially and radically
different” from what the parties believed they had entered into. The new precedent had binding effect
for similar cases in the future.

9. Evaluate the effectiveness of the legal system in terms of recent reform and developments
of Vietnamese Enterprise law 2020
To evaluate the effectiveness of the legal system in terms of recent reform and developments of
Vietnamese Enterprise law 2020, we need to consider the important changes that the new law brings
compared to the old one.

The Enterprise Law has its roots in the Company Law and Law on Private Enterprises enacted in 1990,
which marked an important milestone when the private economic sector was legally recognized in
Vietnam.

In 1999, these two laws were replaced by the first-ever Enterprise Law of Vietnam, which created a
common legal foundation governing enterprises of all types.

Since then, the Enterprise Law has been revised three times in 2005, 2014 and 2020. Each time when the
Enterprise Law is revised, it shows a crucial reform in business institutions, reflecting changes in
economic thinking and leading to strong development of enterprises and economy as a whole.

The Enterprise Law 2020 is the latest law regulating the operation of businesses in Vietnam. This Law
was passed by the National Assembly on June 17, 2020 and takes effect from January 1, 2021, replacing
the Enterprise Law 2014. The Enterprise Law 2020 has many new and effective points in creating
favorable conditions for businesses. establishment, management and development of enterprises, while
ensuring the interests of related parties.

The Enterprise Law 2020 has 6 important changes compared to the 2014 Enterprise Law (LuatVietnam,
2020), including:

 More subjects prohibited from establishing businesses: organizations being commercial legal
entities are prohibited from doing business or operating in certain fields under the provisions of
the Penal Code.
 The name of the business location must include the business name and the phrase "Business
location".
 Sample mark must not be notified before use.
 Change in the proportion of capital in State-owned enterprises: The State only retains the
dominant capital or the relatively dominant capital in state-owned enterprises that are important
for security, national defense, and socio-economic development.
 The time limit for ownership of common shares shall be abolished: a joint stock company may
decide on its own the duration of ownership of common shares by individuals and organizations
in the company's charter.
 Business suspension requires only 3 days notice: reduced from 15 days to 3 days compared to the
2014 Enterprise Law.

These changes are highly effective in improving the business environment, attracting investment and
improving the quality of corporate governance:

 More subjects are prohibited from establishing businesses: this is to prevent illegal business
activities, violations of criminal law, and damage to society and the state. This also helps protect
the reputation and interests of other businesses operating under the law. For example, in
October 2020, the police of Bac Giang province prosecuted the accused and detained Nguyen Van
Dung, Director of Dung Nguyen Trading Company Limited, for trading in counterfeit goods.
Without this regulation, Mr. Dung's company could continue to operate and cause damage to
consumers and other businesses.
 The name of the business location must include the business name: this is to avoid confusion and
fraud in using the names of other businesses for business. This also helps consumers and
stakeholders easily identify and check the information of the business. For example, in November
2020, Binh Chanh District Police, Ho Chi Minh City, inspected and handled a yogurt business
called "Vinamilk - Pearl Yogurt". This establishment has taken advantage of the name of the
Vietnam Dairy Products Joint Stock Company (Vinamilk) to trade in fake and imitation goods,
causing confusion for consumers. Without this regulation, this establishment may continue to
operate and cause damage to Vinamilk and consumers.
 No need to notify the seal sample before use: this is to simplify administrative procedures,
reduce costs and time for businesses. This is also consistent with the development trend of
information technology, when business transactions are increasingly done online and without the
use of a seal. For example, according to the World Bank's report on Starting a Business in 2020,
Vietnam has improved this index from 115/190 countries in 2019 to 104/190 countries in 2020,
thanks to the shortening of business registration from 17 days to 10 days. One of the measures to
help shorten this time is to remove the requirement to notify the seal sample before use.
 Changing the capital ratio in SOEs: this aims to increase the operational efficiency of SOEs, reduce
the State's intervention in corporate governance, and create conditions for SOEs to compete. fair
to other businesses. This also contributes to attracting investment capital from other investors
into state-owned enterprises, increasing access to financial resources and technology. For
example, in December 2020, Vietnam Airlines Corporation (Vietnam Airlines) successfully issued
more than 191 million new shares to increase charter capital. This is one of the relief measures
for Vietnam Airlines in the context of the crisis caused by the COVID-19 pandemic. After the
issuance, the state capital ratio in Vietnam Airlines was reduced from 86% to 51%, creating
favorable conditions for other investors to participate in corporate governance and development.
 Abolish the regulation on common stock ownership term: this aims to increase the flexibility and
autonomy of joint stock companies in deciding the term of ownership of common shares by
individuals and organizations. This also helps joint stock companies easily adapt to the market
and the needs of investors. For example, in January 2021, Central Pharmaceutical Joint Stock
Company I - Pharbaco approved the removal of the regulation on the time limit for holding
common shares by individuals and organizations in the company's charter. This is a preparation
step for Pharbaco to list on the stock exchange and attract investment capital.
 Business suspension requires only 3 days notice: this is to reduce the burden on businesses when
there is a need to suspend business for technical, production, business or other reasons. This also
helps businesses save costs and time for completing administrative procedures. For example, in
March 2021, Hai Au Trading and Service One Member Co., Ltd. suspended its business for 3
months to convert its business model from retail to wholesale. The company only needs to notify
the tax office 3 days in advance before suspending business, no need to do other procedures as
before.

The Enterprise Law 2020 still has some shortcomings and limitations in practical application:

An inadequacy is about more subjects banned from establishing businesses, including organizations that
are commercial legal entities banned from doing business or operating in certain fields under the
provisions of the Penal Code. This can make it difficult to handle cases of commercial legal entities that
have been banned from doing business or operating before the Enterprise Law 2020 takes effect. In
addition, this may also cause overlap with the provisions of the Penal Code and other laws on
sanctioning illegal business practices.

Another shortcoming is that the name of the business location must include the business name with the
phrase "Business location". This can be frustrating for businesses with multiple branches, offices or
stores in the same area. In addition, this can also reduce the creativity and originality of brand names,
trademarks or logos of businesses.

Another shortcoming is about the right to access information of shareholders. The Enterprise Law 2020
stipulates that a shareholder or a group of shareholders owning 05% of the total number of ordinary
shares or more or a smaller percentage as prescribed in the company's charter has the right to review,
search and extract records of minutes and resolutions, decisions of the Board of Directors, mid-year and
annual financial statements, reports of the Control Board, contracts, transactions that must be approved
by the Board of Directors and other documents, except documents related to trade secrets, business
secrets of the company. However, the Enterprise Law 2020 does not clearly define what is a "trade
secret" or a "business secret", which easily leads the company to abuse this exclusion to deny
shareholders access to important documents.

10. Explain one legal suit in the UK

Cambridge District Co-operative Society v Ruse 1993.


 Background

Complainant: Cambridge and District Co-operative Society Ltd., a company dealing in meat and other
products.

Defendant: Ruse, an employee of the cooperative for 29 years, from 1960 to 1989, as a butcher and
butcher shop manager.

What to sue: The cooperative company appealed the decision of the Bury St Edmunds Industrial Court,
arguing that Ruse had been fired for staff reduction and was entitled to compensation. The cooperative
claimed that they had made a suitable alternative job offer to Ruse, which he had unreasonably rejected.

Plot: Ruse started working for the cooperative as an apprentice, then became a backup manager, and for
about 15 years until 1980, he was the manager of a mobile butcher shop. motion. In 1977, he was sent a
written "Declaration of Terms of Employment". In early 1981, the cooperative shut down its mobile meat
service, and after a brief stint as a backup manager, Ruse was appointed manager of the cooperative's
butcher shop down the street. Hills Road, Cambridge. He was then sent a written "Amendment to the
Statement of Terms of Employment" dated February 16, 1981, and he signed one and returned it to the
cooperative. Ruse continued as manager of the Hills Road store until it was closed in September 1989. By
that time, the cooperative had closed all of its individual butchers and Only meat departments are left in
larger stores. Ruse was then told to report to the cooperative's Fulbourn Store, where he would take the
position of Meat Division Manager. The Fulbourn Store is a supermarket that contains many other
departments. Although he has control over the meat department, he is also subject to the powers of the
Store's management.
• Legal issue

The main legal issue in this case is whether Ruse should be deemed fired for downsizing, and whether he
unreasonably refused a suitable alternative job offer. .
• Judgment of the court

The Industrial Court decided, by majority, that Ruse was fired for staff reduction and was entitled to
compensation. The Industrial Court held that the job at the Fulbourn Store was significantly different
from Ruse's previous job, and that he had good reasons to refuse it, including having to travel further,
having to work. in another environment, and subject to the supervision of another person.

The Labor Appeals Court rejected the cooperative company's appeal and upheld the Industrial Court's
decision. The Labor Appeals Court held that an employee may refuse an employment offer that the
Court finds appropriate, for reasons related to the worker's perception of the offer. , and still reasonable.
The Court of Labor Appeals also held that the Industrial Court carefully considered Ruse's terms of
employment and his personal circumstances in making its decision.

This case apply common law. The precedent used in this case is the previous precedents of the Court of
Labor Appeal, a British judicial body, on matters relating to layoffs due to staff reduction and the
alternative job offer. Some of the key precedents that the Labor Appeals Court relied on to make its
decision in favor of Ruse and dismissing the cooperative company's appeal were:

British Oxygen Co Ltd v Braddock (1955), in which the Labor Appeals Court held that an employee could
refuse an employment offer that the Court found appropriate, if the employee workers have legitimate
reasons for refusal, such as differences in the nature of the job, working conditions, wages, or personal
circumstances.

Safeway Stores plc v Burrell (1997), in which the Labor Appeals Court held that an employee may refuse
a job offer that the Court finds appropriate, if the employee There are reasons related to the employee's
perception of the offer, such as disrespect, lack of trust, or dissatisfaction.

O'Brien v Associated Fire Alarms Ltd (1969), in which the Court of Labor Appeals asserted that an
employee may refuse a job offer that the Court finds appropriate, if such as the employee has reasons
related to the change of terms of employment, such as a decrease in authority, responsibility, or
reputation.
11. Conclusion

In this article, I have explained the basic concepts of law and its purposes in society. I have also
presented specific examples of British and Vietnamese law, as well as the role of the legislature and the
judiciary. I have shown the difference between order and case law, and how courts use them to solve
legal problems. I assessed the effectiveness of the Vietnamese legal system in implementing the Vietnam
Enterprise Law 2020, as well as the challenges and opportunities for Vietnamese businesses. Finally, I
analyzed a legal case in the UK, including the background of the case, the legal issue, the court decision
and the law used to resolve the case. I hope this article has provided you with an overview of the law
and its applications in practice.
References
Adams, A., Caplan, S. and Lockwood, G. (2020) Law for Business Students. Pearson UK.

Anderlini, L., Felli, L. and Riboni, A. (2008) “Statute Law or Case Law?,” SSRN Electronic Journal
[Preprint]. doi:10.2139/ssrn.1168662.

Companies Act 2006 (no date). Available at: https://www.legislation.gov.uk/ukpga/2006/46/contents


(Accessed: July 31, 2023).

Elliott, L. (2021) Statute Law in England, Courtroom Advice. Available at:


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