Business Law: A Comprehensive Guide to Legal Principles and Applications

Business Law
1

Table of Contents
Introduction................................................................................................................................4
Task 1.........................................................................................................................................5
1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of goods
and supply of services............................................................................................................5
1.2 Analyse and advice Ben on the statutory provisions on the transfer of property and
possession...............................................................................................................................6
1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods
contracts.................................................................................................................................7
1.4 Analyse and advice on product liability legal rules and statutory provisions for faulty
goods......................................................................................................................................8
Task 2.........................................................................................................................................9
2.1 Differentiate between types of credit agreements which Ben could use to obtain the
new car...................................................................................................................................9
2.2 Analyse the rules on termination rights and default notices for Ben to be informed in
case she subsequently has trouble paying the debts as required in the contract..................10
2.3 Analyse the general features of Agency and differentiate between the different types of
agent.....................................................................................................................................11
2.4 Evaluate the rights and duties of an agent to assist Ben understand her position once
she becomes an Estate Agent...............................................................................................12
Task 3.......................................................................................................................................13
3.1 Outline monopolies and anti-competitive practice legislation in the UK......................13
2

3.2 Explain the role of the Competition Commission within the context of monopolies and
anti-competitive practices and the UK Office of Fair Trading............................................14
3.3 Define dominant positions within the EU common market...........................................15
3.4 Consider the application of EU exemptions to potentially anti-competitive practices. .16
Task 4.......................................................................................................................................17
4.1 Identify differing forms of intellectual property............................................................17
4.2 Outline the principles relation to the protection of invention through patent rights and
their infringement in a given business scenario...................................................................19
4.3 Describe the principles relating to copyright protection and their infringement in a
given business......................................................................................................................20
4.4 Compare and contrast the protection of trademarks and business names......................21
Conclusion................................................................................................................................23
References................................................................................................................................24
3

Introduction
In the economy business law has a wide scope of application and these laws are managed
according to in accordance with the business law. In the market, context business is
controlled by some confinement and disallowances which is likely to affect the since it is
important to keep up such a great conduit for the fulfilment of client and provider
requirements. The activity of price reduction and high price charge which is beyond the
provided scope is not permitted. Services and goods we see in the market are not only
available but also governed by rules and regulations even though they not been mentioned.
The inferred terms can be defined as terms available in the accord by default. Debtors and
creditors are approved to end the sale agreement. Business law terms are extremely standard
and utilized daily in every aspect.
4

Task 1
1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of
goods and supply of services
At the point when merchandise is sold to the buyer an agreement of understanding for the
products sold is made. The merchandise sold bear obligation and commitment. The buyer and
the seller both set under duty and the law also confines them with a couple of terms. The
terms bounders by the law are called surmised terms of the understanding. The proposed
terms of the understanding are by custom. (Sharma, 2010)
Sale of Goods Act 1979 section 11 explains that the goods sold should bear a title and the
seller should have the title as well. As per section 12, the goods that are being transferred to
the buyer should not have any hinder that can cause a problem to the buyer. According to Sec
13, merchandise must be according to the depiction of the item that is given before the buy of
the products. The purchaser depends on the portrayal of the products and any disappointment
will result to break off. Sec 14 clearly states that the products must be safe for use and fit for
the intended purpose. In case of a sample, similar law of sec 15 apply. The products
according to the sample should match the description
Here, Ben is entitled to restore the vehicle to the merchant in light of the fact that the state of
the agreement isn't satisfied and purchaser can sue the vender (Thampapillai, 2015)
5

1.2 Analyse and advice Ben on the statutory provisions on the transfer of property and
possession
The products sold to the merchant should not have any abnormality so that the transfer to the
owner is done without any problem in coming days. Furthermore, during the transfer, the law
requires that the products must be unascertained lest won't be traded according to sec 16 to 20
of the law.
When the transfer of goods is being done there is a possibility that the goods are not owned
by the seller. The remedy relies on the possession and ownership of the goods. The products
must be learned and not unascertained items as expressed in Healy v Howlett case. The
products will be sold with an expectation to do and the prerequisites will be satisfied to place
the goods in a delivery state. In sec 18 it is clearly spelt that the delivery of goods should be
done in accordance with the agreement specified during purchase. The goods will be
considered to be undelivered if the purchase does not acknowledge the goods (Kubasek, et.
al, 2016)
In this scenario, Ben has acquired the car and will fully own it after he has paid all instalment
and conveyance is done by the merchant in accordance with the agreement. Here, Ben
acknowledged the transfer and is the owner however in case of any default the obligation lie
on the merchant since the trade wasn’t according to the agreement.
6