A Case Study of Ben Assignment
Added on 2021-01-02
23 Pages4074 Words294 Views
Business Law1
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Legals laws related to transaction of product and service................................................11.2 Statutory provision on posting of assets and possession..................................................21.3 Buyers and sellers remedies as provide in various statutes..............................................31.4 Legal rules and product liabilities for the faulty goods....................................................3TASK 2............................................................................................................................................42.1 Types of credit agreements...............................................................................................42.2 Legal rules on termination rights and default notices......................................................42.3 General features of agency and difference between various types of agents...................52.4 Rights and duties of agent................................................................................................6Task 3...............................................................................................................................................6Covered in PPT.......................................................................................................................6TASK 4............................................................................................................................................64.1 Different types of intellectual properties..........................................................................64.2 Principles related with protection of inventions through patent rights.............................74.3 Principles relating to copyright protection and rules preventing their infringement........84.4 Comparison between protection of trademarks and business names...............................8CONCLUSION................................................................................................................................9REFERENCES..............................................................................................................................102
INTRODUCTIONBusiness law consist of various legislations, judgements given court, treaties betweennations etc. However, their main objective is to control wrongful activities from overall nation byimplementing major norms at societal place and every individual is obliged to follow them whileliving their life. Every organisation, who is operating in business environment, have to follow therules which are present in a country (Eren, S.S and et. al., 2012). This assignment is based on acase study of Ben in which he is engaged in credit agreement in order to buy a vehicle forpersonal use. Thus, acts related with sales of goods act, remedies for resolving severalcomplicated situations and so on are outlining in this project. Along with this, major roles andresponsibilities of agents as well as their significant features are also covered in this report.Furthermore, report is also throwing lights on various types of intellectual properties and lawsrelated which is used by designer to prevent their rights. At the end, it has been understood thatlegal bodies are playing eminent role in promoting company to follow the ethical route ofsuccess. TASK 11.1 Legals laws related to transaction of product and serviceIn the course of business delivery of a product is an essential part. To meet the needs ofcustomer there are certain statues that regulates the delivery of goods and products. Acts such asSale of Goods Act 1979 and the Consumer Rights Act 2015 are some that regulates thefunctioning of supply and delivery of goods. (Bagley, C.E., 2010). These laws are formulatedwith a view of protecting customer against unfair trade practice which may help in promotingfair business activities. Due to increase in the competition entrepreneurs do adopt such practiceswhich are unethical and can effect the satisfaction level of costomer.As per section 14 sub-clause 2 of the Sale of Goods Act an implied term has been defined,which says that the it is essential for the goods to be of satisfactory nature. It means the goodsthat has been delivered should be of that quality which has been ordered by the consumer. And insection 9 of the Consumer Rights Act sub-clause 4 such things are not included when it has beeninformed to the costumer that the goods are of undesirable quality, also it is the obligation of theconsumer to check the goods before purchasing it and in the situation of sample goods it isconspicuous that the product has been examined by the consumer before buying it. Also1
according to section 13 sub-clause 1 of the Unfair Contract Terms Act 1997, if the damage to thegoods are the reason for negligence of the purchaser then the seller is not liable for such loss.In the given case Ben decided to purchase a new car and he went through anadvertisement and decided to buy a new model Passat 1.8 for £ 10000 only. It was functioning asper his expectation until it freeze on the hill top. The seller refuses to take back car because therewas an exclusion clause 9 in the contract of sale. On investing it came out that the real owner ofthe car was someone else and the vehicle has been used for the purpose of taxi. And, also thespeed of the car was blocked at 18,500 miles which was the reason behind the malfunctioning ofthe car. (Alix Adams)It was the duty of the seller to disclose all the information regarding the car but heintentionally hide it and sold the vehicle to the Ben. So he has committed an act of fraud whichmakes him liable to provide compensation to the consumer. This makes him party at fault andhence strict actions can be taken against the same party.1.2 Statutory provision on posting of assets and possessionTransfer of possessions an essential concept in the sale of goods. A sale is incompleteuntil the possession has been transferred to the purchaser. A valid contract should exist for thetransfer of title. A possession is acquired either by one-sided act or two- sided act. When thepossession is transferred for a temporary period it is considered as bailment. The contract oftransfers is similar to a general contract.(Bodie, Z., Kane, A. and Marcus, A.J., 2014)According to the given case the information regarding the ownership was not provided tothe consumer. The car was driven as a taxi and the last owner of the vehicle was its driver. Alsothere were some modification that were made in the car was not told to the Ben, whichconstituted to be the actual cause of malfunctioning.As per section 21 of Sale of Goods Act 1893 sub-clause 1 the tittle of possession isattached to the buyer until the owner does not challenge the authority of sell to sale the good. Inthe give case study the possession was transferred to Ben but the real owner of the vehicle wasthe taxi driver. The tittle will remain attached to him until the owner challenges the authority ofseller. This case is of fraud done by the seller by hiding the necessary information related to thesale.(DiMatteo, L.A., 2010)2
1.3 Buyers and sellers remedies as provide in various statutesWith every damage to the goods there exists a remedy, similarly certain remedies arebeing provided to the seller and buyer under Sale of Goods Act 1979. A seller is eligible for twotypes of remedies, personal and real. The seller has right to sue the buyer when he refuses toaccept the goods as per section 49 of the act. Also, suit can be filed against the buyer if he fails inpaying the rate of good for which he has brought for. Under section 50 a seller can be sue abuyer for not accepting the goods he has supplied to him (Charter v Sulvian).Similarly, a seller is entitled to lien the goods and stop the transit of such also he canresale it. From section 41 to 43 power to lien and to retain the possession has been provided to aseller on the non payment of the amount of goods. Stoppage of goods in transit as per section 44to 46 has been also provided to a seller against the buyer.(Crane, A and Matten, D., 2016)Whereas a buyer can reject the goods if they do meet his expectations, under section 11and 15A, on the breach of contract of sale. Also as per section 51 a seller can be sued for notdelivering the goods in proper time or fails to deliver the goods. Remedies to the damages causeddue to the breach of warranty is provided in section 53 of the act.1.4 Legal rules and product liabilities for the faulty goodsIt is a duty of seller to sell the product of satisfactory nature, that is, it should be ofreasonable quality. The seller should be responsible for the sale of faulty goods in production,negligence, strict liability under Part I of the Consumer Protection Act 1987 and breach ofstatutory duty according to Part II of the CPA 1987.Both seller and buyer are responsible for the act done by them. It is the responsibility ofthem to take due care of the products by delivering (Stennet v Hancock and Peters, 19.39). Strictliability has been applied upon seller until he provide defence under section 4. Also it is a burdenupon the claimant to prove that any damage has been caused to him. The goods should meet thedefinition of defect as mentioned under section 3 of the act.It is a criminal offence to breach such liabilities under Part II of the Act of 1987.secretary of the sate is also provided power to make rules in the respect of such losses to theproducts. In the said case of Ben, the reason of accident was the malfunctioning of the car. It wasthe responsibility of the seller to not to sell a defective product so he a criminally liable for theact he does. The compensation shall be provided to him by the way of civil remedies.3
TASK 22.1 Types of credit agreementsAccording to given case study Ben's is involving in a credit agreements in order topurchase vehicle for their personal use. But at the same time it has been understood that he isfacing a major problem while buying product due to having inaccurate information or data aboutthe goods. Along with this, seller is not paying attention due to which buyer is encountering amost prominent issue while getting involved in a contract. (Foss, N.J and Knudsen, C. eds.,2013)However, it is essential to get aware about the various types of credit agreements forunderstanding each or every aspect of contracts in effective manner. Some of them are discussedbelow:- Small agreementsIntermediate agreementsLarge agreements It means if a person isinvolved in a contract for asingle day or very less timeperiod are falls under thiscategory and known as microloans. Beside this, pawntransaction are also consider assmall contracts. If a person is engaged foracquiring loan but duration ismedium such as; 1-3 yearsthen it is known asintermediate agreements. Forexample; transaction betweenaround 15000 euros to 250000are falls under this category. If an individual is involved inlong term loans like 10-20years then it is known as largeagreements. Basically, amountin this type of credit agreementis more than 250000 euros. For instance; mobile loans,shopping from credit cards andso on. For example; vehicle finance,personal loan henceforth. Like; home loans, credit forpublic interest or developmentof infrastructure and so on. Day to day transaction. Short or medium term ofloans.Long term contracts. 2.2 Legal rules on termination rights and default noticesAs per given scenario Ben's is facing a major problem while using the car such as;vehicle get stopped immediately, not able to drive, speed of car is also limiting on certain meterand so on. Moreover, as per the article in newspaper information there is a major differencebetween real data and projected one. As a result, Ben's get confused and not aware about the4
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