Business Law: A Comprehensive Guide to Sales, Credit, Monopolies, and Intellectual Property

Business Law

Contents
Introduction......................................................................................................................................3
Task 1...............................................................................................................................................4
Apply the legal rules on implied terms relating to the sale of goods and supply of services......4
Apply the statutory provisions on the transfer of property and possession.................................5
Evaluate the statutory provisions on buyer’s and seller’s remedies............................................6
In the following situation advise G and H Holmes on their rights and remedies........................7
In the following situation advise Mr and Mrs Green on the rights and the remedies available to
them..............................................................................................................................................8
Task 2...............................................................................................................................................9
Task 3.............................................................................................................................................10
Differentiate between the different types of credit agreements.................................................10
Differentiate between the different types of agent.....................................................................11
Evaluate the rights and duties of agents.....................................................................................12
After having paid three instalments and the fourth is not yet due.............................................13
After paying four instalments and the fifth and sixth are still due.............................................13
After paying 12 instalments and before the 13th payment is due but the goods purchased have
been damaged.............................................................................................................................13
If the customer does not terminate the agreement but does not make any more payments after
the eighth instalment, what action can the company take?........................................................13
Task 4.............................................................................................................................................14
Outline monopolies and anti-competitive practice legislation in the UK..................................14
Explain the role of the Competition Commission within the context of monopolies and anti-
competitive practices and the UK office of fair trading.............................................................15
Define dominant positions within the EU common market.......................................................16

Consider the application of EU exemptions to potentially anti-competitive practices..............17
Task 5.............................................................................................................................................18
Identify the different forms of intellectual property..................................................................18
Outline the principles relating to the protection of inventions through patent rights and their
infringement specifically related to the eBook scenario............................................................19
Compare and contrast the protection of trademarks and business names..................................20
Conclusion.....................................................................................................................................21
References......................................................................................................................................22

Introduction
In the report discussion would be about the legal rules in terms of sales and supply of goods,
transfer of property and possession and the rights and remedies of the consumer and the
customers. The discussion is also about the deals with consumer credit which differentiates types
of credit agreements, types of agents and rights and duties of the agents. Further the discussion in
the report will be about monopolies in UK market, dominant position in Europe market and role
of competition commission is also being discussed along with UK office of fair trading. Lastly,
the discussion will be done over intellectual property rights and its form. Discussion is also about
the protection of trademark and business name.

Task 1
Apply the legal rules on implied terms relating to the sale of goods and supply of services
Government has set up few laws to ensure safety for the customers who invest their hard earned
money to purchase something. The laws which are set up by the government for sales of goods
and supply of services are Sales of Goods Act 1979 (Which, 2018) and Supply of Goods and
Services Act 1982 (Law on the Web, 2017).
Implied terms relating to sales of goods are:
a. Title: This ensures whether the goods can be sold by the seller.
b. Sale of goods by description: This means the features of the goods, brand, label etc.
c. Sale of good by sample: According to this the goods which are sold should be perfect and
should not have any defect.
d. Ensuring fitness: According to this the quality of the sold goods should be proper and
good.
Implied terms relating to supply of services are:
a. As per section 13 of Sales of Goods and Services Act 1982, the supplier says that the
services which he/she will be delivering will be given with reasonable care and skills.
b. Time and price is one of the important terms related to supply of services, it means
delivery of services within prescribed time and reasonable price.

Apply the statutory provisions on the transfer of property and possession
The statutory provision on transfer of property and possession are:
a. Goods should not be unknown and if they are unknown then they won’t be transferred to
the party
b. Intention of the parties should be fixed.
c. The seller must do the needful steps in order to deliver the goods and this must be prior
informed to the buyer.
d. Before delivering the goods they must be checked properly.
e. Before the property is given in possession of the buyer it is necessary for the buyer and
seller to check what is going to be delivered.
f. The property will be in the possession of the buyer only when it is approved.