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Business Law Assignment - Sales of Goods

   

Added on  2020-01-07

13 Pages4835 Words230 Views
BUSINESS LAW

TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3TASK 1 ......................................................................................................................................3TASK 2............................................................................................................................................5TASK 3............................................................................................................................................6(a) Types of credit agreements....................................................................................................6(b) Types of agents......................................................................................................................6(c) Rights and duties of agents....................................................................................................6TASK 3............................................................................................................................................7(a) Monopolies and anti competitive practice legislation in UK................................................7(b) Role of Competition Commission and UK Office of Fair Trading (OFT)............................8(c) Dominant Positions within EU Common market..................................................................9(d) Application of EU exemptions on potentially anti-competitive practices.............................9TASK 5............................................................................................................................................9(a) Different forms of Intellectual Property................................................................................9(b) Principles relating to inventions through patent rights and their infringement rightsspecifically for e-book...............................................................................................................10(c) Principles relating to copyright protection and infringement in relation to software andelectronic books........................................................................................................................10(d) Compare and contrast protection of trademarks and business names.................................10CONCLUSION ...........................................................................................................................11REFERENCE.................................................................................................................................12

INTRODUCTIONThe Sale of goods Act, 1979 regulates the Law of Contract and the commercial law of thenation is relation to buying and selling of products or services. This has been functioning toprovide additional protection to the buyers as well as the sellers. In other words, the provisions ofthe act implicitly become a part of the contract between the two parties. The Act assuremaintenance of quality, right pricing, and suitability in all such contracts of buying and selling(Cornish, Llewelyn and Aplin, 2013). However, the parties may expressly remove any of theimplied terms made applicable by the Act, as far as the negating terms does not fall under theUnfair Contract Act or is not disallowed by the judiciary. The present report shall analyze various business scenarios to understand the applicationof various implied terms of the Act in relation to the supply of services, the concept of transferand possession of property. Further, applicable provisions of product liability shall be illustrated,followed by which the department of consumer credit shall be evaluated on the basis of theapplicable legal rules. Finally some light shall be thrown on the aspects of Competition Law andIntellectual Property Rights. TASK 1 The Sale of goods Act imposes certain implied terms which may not have been includedin the contract entered into between the parties. Section 12 of the Act mandates the seller topossess the title of the goods being sold and in a manner ensuring the delivered goods match therequirements and the exact description of the buyers (Sale of Goods Act 1979, 2015). This hasbeen specifically provided for, by the Act in Section 13. In addition, Section 15 clearly providesthat the final product being delivered to the buyer shall match the samples initially shown by theseller. The buyers under section 14 of the Act are obligated to maintain a reasonable quality ofthe products or services being provided, irrespective of the fact that the contract stipulates for atime duration or not. Similarly, even if the contract does not provide for the quality to be

maintained, it it the duty of the seller to ensure a reasonable quality of goods or services arebeing provided (May, 2013). In the case of G and H Holmes, a new carpet of a specific colour was ordered, which wasrequired to be procured from outside by the Hopkins Ltd due to unavailability of the specificproduct. Also, the other furniture ordered by Holmes was specifically selected by them.However, all the selected goods were destroyed by fire, while it was in possession of the buyers.In such a situation section 20 of the Act shall become applicable which provides for passing ofrisk in the goods (Dinopoulos and Segerstrom, 2010). The section specifically says that the risktransfers with the transfer in ownership, irrespective of the possession. However, in the event oneof the parties delay the process of delivery, the defaulting party shall be liable for the same. Inthe present case, Holmes had ordered for specific products and so the ownership has beentransferred to them, but the delivery was not made by Hopkins and hence, the liability of thedestroyed goods shall fall on them. In such an event Holmes may either ask back for the advancealready paid or as for delivery of similar goods. It is important to highlight that in accordancewith section 13 and section 14 of the Act, Hopkins could not have delivered in any case. In the case of Mr. and Mrs. Green, Easybuild provides for lowest quotation and haveearned the contract for making an extension on the Green's house. However, they undertook thework for an extended period of time and also uses inappropriate colour of the extension, notmatching the current colour of the house. In such a situation the Green's can rely on section 14 ofthe Act which mandates the service provider to provide quality goods, which fits in the purposefor which it has been bought. In order words, it obligates the seller to provide goods whichsatisfy the quality standards. The present case also attract section 14 of Supply of Goods andServices Act, 1982 (SGSA), as Easybuild is providing the service in the form building theextension along with the supply of material to be used for the same. Hence, on application of theprovisions, the supplier is under a duty to supply quality goods as well as carry out the serviceswithin a reasonable time, even if the contract does not provide for any specific time. In addition,in accordance to section 15 of SGSA, even if the contract does not provide for a specific price,the seller is required to charge reasonably, which shall completely depend on the circumstancesof the case (Williams, 2010.). Identical facts were put before the court in the case of Stevenson v.Rogers (1999), where the court opined that 'satisfactory quality' can be judged on the basis ofstandard of a reasonable man. It was further observed that in the event the quality or the manner

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