Analysing and advising on the statutory provisions for implied terms in Sale of Goods and supply of services

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................4
TASK 1............................................................................................................................................4
1.1 Analyzing and advising Ben on the legal rules of implied terms relating to Sale of Goods
and supply of services..................................................................................................................4
1.2 Analyzing and advising Ben on the statutory provisions on the transfer of property and
possession....................................................................................................................................5
1.3 Evaluating the statutory provision on buyer's and seller's remedies in sale of goods
contracts.......................................................................................................................................6
1.4 Analyzing and advising on product liability legal rules and statutory provision for faulty
goods............................................................................................................................................6
TASK 2............................................................................................................................................7
2.1 Differentiating between types of credit agreements which Ben as a consumer could use to
buy a car.......................................................................................................................................7
2.2 Analyzing the legal rules on termination rights and defaults notices for Ben as consumer. .8
2.3 Analyzing the general features for agency and differentiating between different types of
agents...........................................................................................................................................8
2.4 Evaluating the rights and duties of an agent to assist Ben....................................................9
TASK 3 ESSAY............................................................................................................................10
TASK 4 ESSAY............................................................................................................................12
CONCLUSION..............................................................................................................................14
References......................................................................................................................................15

INTRODUCTION
The business law refers the process of forming the operating the business in accordance
with set regulatory framework. It covers varied laws which are helpful in business world for
handling several kind of situations. The major laws cover under the business law are; intellectual
property, employment, taxation and bankruptcy as well as licensing. The present report is based
on different cases related to sale of goods and supply of services and other related aspects.
Furthermore, legal rules relating to consumer credit and agency are also explained. In addition to
this, understanding has been developed on legal rules related to mergers, monopolies and anti-
competitive practices. Apart from this, provision related to intellectual property rights have been
explained in the light of suitable examples.
TASK 1
1.1 Analyzing and advising Ben on the legal rules of implied terms relating to Sale of Goods and
supply of services
According to the given scenario Ben was searching for a car as his current one got too old
and incurring repair cost was not the profitable deal for the business (Sale of Goods Act, 2017).
Owing to this, he decided to get a new car and found a magazine of deal which contain
information related to car. For this purpose he got the effective deal as per specification and he
visited the showroom in order to check the car (Beatty and Samuelson, 2014). Furthermore,
showroom has the condition to appear the car in front of customers after receiving the payment
worth 150 GBP. It was the consideration amount which must be paid by the customers like Ben
and then he hot change the check the car. It was perfect but later issue was discovered in the
engine when he purchased it and went on drive. This made the Ben disappointed and he went
back to the car dealer where he came to know that exclusion clause has been applied. In this
context, implied terms related to Sale of Goods and services are explained as follows- Title-The tile reflects that right of sellers regarding the possession of goods or services
along with authority of the same. Sale of goods by description-This implied terms represents that description provided by
sellers for the products and services should be consistent.

 Sale of goods by sample-Under this all the goods offered by the seller should be in
accordance with the provided sample. It must not be different from the sample. Sale of goods by sample as well as description-The product or service must be consistent
with the sample and description both.
 Fitness-The offered goods must be value of money under which price consideration and
quality are focused. This would be effective to meet the expectations of related parties
effectively.
In this manner, implied terms will be applied for resolving the case of Ben. It is because
the issue exist in the car was revealed at the time of test drive only. Furthermore, dealer tried to
the advantage of exclusion clause so as to reduce the their liabilities to a great extent. Apart form
this, Ben can easily take the advantage in accordance with the Sale of Goods Act 1979 and
accordingly claim can be passed (Heminway, 2013).
1.2 Analyzing and advising Ben on the statutory provisions on the transfer of property and
possession
The statutory provision in case of transfer of property and possession must be considered
by the seller and buyer both. These are explained as follows-
 The goods must be ascertained-Any ascertained goods cannot be transferred, hence seller
need to ensure the goods are ascertained.
 Intention of the party-The intention of both patties must be determined under the sale of
specific goods.
 The delivery of product should be done appropriately by checking the quantity, weight
and other related aspects. In case seller fails to do so then ownership cannot be passed.
 The property which is being passed should be based on approval of buyer (Peterman,
Kourula and Levitt, 2014).
As per the given scenario or case study, it has been found that statutory obligation was complied
in the right manner through seller but the benefit taken with regard to exclusion clause was ot
effective in accordance with the Transfer of Property Act, 1882.
1.3 Evaluating the statutory provision on buyer's and seller's remedies in sale of goods contracts
There are several statutory provision for remedy of the buyers and sellers in the contract
of sale of goods. These remedies are explained as follows-