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Legal Rules and Provisions in Business Law

   

Added on  2023-04-03

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BUSINESS LAW
Legal Rules and Provisions in Business Law_1

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1 ..........................................................................................................................................3
1.1 Legal rules related to sales of goods act and supply of service act.......................................3
1.2 Provisions of transfer of property and possession.................................................................4
1.3 Remedies to the buyer and seller under sales of goods act...................................................4
1.4 Product liability legal rules and provisions for faulty goods ...............................................5
TASK 2............................................................................................................................................6
2.1 Types of credit agreements that could be used by Mr. Ben..................................................6
2.2 Provisions on termination right and default notice for Ben in case problem in paying the
debt..............................................................................................................................................7
2.3 Features of agency and different type of agent.....................................................................7
2.4 Rights and duties of agent toward Mr. Ben...........................................................................8
TASK 3 ...........................................................................................................................................9
Covered in Presentation..............................................................................................................9
TASK 4............................................................................................................................................9
4.1 Types of intellectual property right.......................................................................................9
4.2 Principles that protect the patent.........................................................................................10
4.3 Principles related to the protect of copyright and rules to protect their infringement........11
4.4 Protection of trademark and business name........................................................................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13
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INTRODUCTION
Laws are framed to protect the customers and investors from the fraud committed by the
company. It is required for the company to follow the rules and regulations that are under the act.
Business law is also known as commercial law. Laws are applied on the rights and relations,
businesses, trade and sales. It is formed to provide protection to the customers. Many laws like
sales of goods act, consumer credit agreement and agency, intellectual property right provide
protection to the consumer (Abdi and Aulakh, 2012). These laws are formed to give safety and
protection to the consumer who are accepting product and services of the company.
TASK 1
1.1 Legal rules related to sales of goods act and supply of service act
Sales of goods and supply of service act provide protection the consumer. Consumers
have right to take legal action if they face any issue regarding the product and services of the
company. First it is required for the consumer to make complain to the seller and if seller does
not clarify the issue then they have right to take legal protection.
Implied terms are those terms that are not expressly written in the contract and it is
assumed that these are included in the contract. Implied term is mutual trust and confidence
which is not expressed in the contract but implied in every contract.
Following are the provisions of sales of goods and supply of services act that provide safety to
the Ben as:-
1) As per section 11 of the act, conditions and warranties are different.
2) Section 12 of the act provides that it is the duty of the seller to provide goods as per the
conditions of the contract. If it is not as per the contract then it will be treated as the
breach of contract (Appleman, Appleman and Holmes, 2015).
It is warranty by the seller that the product is as per the need of the customer and buyer has right
to take possession.
3) Section 13 states that if the product is purchased online then it is the duty of the seller to
provide such product as per the description mentioned over there.
4) Section 14 of the act provides that the goods must be fit to use and of good quality. The
goods must be durable and free from damage. Otherwise it will be treated as breach of
contract.
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5) Section 15 is related to the sampling. It states that the product that is provided must be as
per the sample that is shown to the customer.
1.2 Provisions of transfer of property and possession
Following are the provisions that can provide safety to Mr. Ben against the car dealer:-
1) Section 16 says that only ascertained goods can be transferred by the seller to the buyer.
If the goods is unascertained then the ownership can not be transferred.
2) Section 17 states that if the party does not show their consent then such goods can not be
transferred whether it is ascertained (Bishara and Westermann‐Behaylo, 2012).
3) Section 18 of the act consists of five rules as:
If the sale is of ascertained goods and there is unconditional contract the it can be
transferred at the time of execution.
If the goods is not complete then the possession of the goods can not be transferred to the
others.
It is required to have the measurement before transferring the goods.
If the approval to transfer the goods is required then it is required to receive the approval
before transferring.
The unconditional goods can be transferred to others. The act considers determine by
exhaustion and ownership with others.
4) Section 19 considers right of disposal. Seller has right to retain the disposal. If buyer of
the goods refused to accept then the seller has right to retain the title of goods.
5) Section 20 says that the risk that is associated with the ownership will also be transferred
with the title of goods (Bishara, 2011).
1.3 Remedies to the buyer and seller under sales of goods act
Following are the remedies under the act as:-
Remedies of seller
1) Section 49- Action of price
If the seller transfers the goods and buyer is not ready to pay then the seller has right to
take action against the buyer.
If the buyer does not make payment or make late payment then the seller has right to take
interest from the buyer. The calculation of interest will be started from the day when the
price become payable and the day of transfer of goods.
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