Legal Enviroment of bussiness

1. LEGAL ENVIRONMENT
Dr Thusitha Abeysekara
Head - Legal Studies Unit
Senior Lecturer in Business Law
Faculty of Management Studies and Commerce
University of Sri Jayewardenepura
PhD in Computer Law/University of Exeter-UK
LLM in Computer and Communications Law/Queen Mary-Uni. of London-UK
LLB (Hons/2nd
Upper)- University of Colombo
Attorney-at-Law (1st
Class)
Dip in IR (BCIS/Sri Lanka)
Dip in HR (Adam Mickiewicz University/Poland)
Dip in Digital Archives (Central European University /Hungary)
1

2. Importance of law to business
In early stages of history,
• Society was unorganized
• Trade and commerce had not developed
• Rights of individuals were not recognized,
So the earliest societies had no law to govern their conduct.
• People relied on custom,religion……
• But today law is an intergral part of any soceity.not only for business
Social Contract
2

3. But with the growth of civilization people
became gradually aware of there own rights.
Today law is an integral part of any society.
3

4. Objectives of the Law
i. Law promote social justice
ii. Protect less privileged & less advantaged
iii. Facilitate to business & commerce
iv. Every business activity involve legal risk and
consequences
v. All human activates are affected by law
vi.Ignorance of law is not an excuse. (Facts/Law)
vii.one basic function of law is to keep the peace
4

5. Law is Live
Law
changes with a change in a society. Law is a
body of rules that are used for regulating the
conduct of a members of a society. Every society
frames these rules according to its needs.
French revolution brought about changes in the
system of government
Law was periodically refashioned to meet the
new problems.
5

6. Law & Society
Law & Society are very closely related.
Law aims at bringing about and maintaining
peace & order of the society
The purpose of law is the administration of
JUSTICE. (Law Justice )
Justice is one of the noblest of ideals and is
never realised. 6

7. Law limits human conduct
Freedom is the birth right of man and he derives
utmost pleasure in its exercise. Slavery is the
greatest evil that he has to fight against.
however, absolute individual freedom
can exist at best in the world of ideas only,
unless one, like Robinson Crusoe
, gets an opportunity to live on a lonely island.
for man is a social animal and has to
surrender a part of his freedom to the society that
in turn ensures him safety, security, and peace.
Society lays down rules of conduct for common
good, sometimes at the expense of the individual.
7

8. What is ‘law’, how do
we know it exists and how is it defined?
• The ‘law’ in different forms is rarely out of the news and is
often the focus for fictional drama. Law is something that
touches our lives.
• On a daily basis, it governs what we can and cannot do, it is
used to settle disputes, to punish and to govern.
• There are laws which are widely accepted and laws which
generate controversy. Law plays a central role in social,
political and economic life.
• An understanding of the law, legal system and legal culture of
a society may lead to a greater understanding of how that
society works and what principles it values
8

9. • There are laws which are widely accepted and
laws which generate controversy.
• Law plays a central role in social, political and
economic life.
• An understanding of the law, legal system and
legal culture of a society may lead to a greater
understanding of how that society works and
what principles it values.
• Law can be easy to identify when we encounter
it but it can be a difficult concept to define.
9

10. Definition of Law
The word ‘law 'is difficult to define,
particularly as it is used in many different
ways. it contains however,
The concept of orderliness,
Universality & objectivity,
It is concerned with behavior and
not with causes,
Contains an element of inevitability.
10

11. Cont….
• In the narrower concept of law, there must be a
set of rules which can be applied objectively with
someone to enforce them.
• “law consists of any principle which is recognized
and enforced by the courts in the administration
of the justice”(salmon)
• “A body of rules for the guidance of human
conduct which are imposed upon and enforced
among the members of a given state” (James)
11

12. “The law is the result of human wisdom
acting upon human experience for the
public benefit”
“The life of the law has not been reason or
logic but experience”
12

13. Even lawyers & judges are not unanimous about
the definition of the term “law”
However without law society cannot function in
an orderly manner
Without law no one will be safe.
13

14. Categories of Law
• Civil law & Criminal law
• Substantive & Procedural law
• Law of Delict (Tort Law)
• Public law & Private law
• International law & National law
• Constitutional Law
• Administrative law
14

15. • Property Law
• Contract Law
• Company Law Partnership Law
• Law of Agency
• Banking Law
• Insurance Law
• Insolvency Law
• Trusts Law/IP Law/Tax Law/Labour Law/
• Environmental Law
• Admiralty and shipping Law
• Consumer Protection Law…. 15

16. Some important concept of law
Any person
charged with an offence is entitled to be heard
in person or by an Attorney-at-Law.
16

17. Law is complex
Movables/ immovable
Land/ship
Fixtures
17

18. Rule of law
Law is supreme
Equality before the law
Disputes are settled by courts
18

19. Laws are enforceable
Main reason to obey the law
By state
19

20. Law & Morals
• Morals are concern with goodness & badness
• Not synonymous
• Moral standards are higher
• Legally & morally wrongs=murder, theft…
• Promise?
• Telling lies/getting drunk/to neglect old
parent/to beg for money
20

21. Child has fallen into a pool.
21

22. Law & Justice
The whole purpose of the law is to see that
justice is done
“Justice must not only be done but must appear
to be done”
22

23. Why a female and not a male?
23

24. Judge Made Law
Legislation
Judicial precedent
Judge makes law?
24

25. Law & Equity
• Common law-formal, rigid,
• Chancery court
• Equity assisted the common law did not
destroy
• Maxims of equity.
25

26. Common Law & Civil Law
26