Business Law and Intellectual property Assignment PDF

Added on - 31 May 2021

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Running head: BUSINESS LAW AND INTELLECTUAL PROPERTYBusiness Law and Intellectual PropertyName of the StudentName of the UniversityAuthor Note
1BUSINESS LAW AND INTELLECTUAL PROPERTYExecutive Summary:The assignment intends to emphasize upon different types of laws in relation to the saleof goods, consumer credits and transfer of property. The intention of the report is tohighlight about the different types of agents and their rights and duties. However, thereport also intended to highlight the laws related to monopolies, mergers and anti-competitive practices. Lastly, the report is commissioned to examine the laws which arerelated to intellectual property rights and their types and infringement.
2BUSINESS LAW AND INTELLECTUAL PROPERTYTable of ContentsTask 1:...............................................................................................................................31.1 Situation Analysis and advise given to Ben based on the concerned legalrules:..............................................................................................................................31.2 Evaluation of the legal implications related to transfer of property andpossession:...................................................................................................................41.3 The remedies in contract of sale of goods:.........................................................41.4 Legal provisions regarding liability of the products in case of defectivegoods:............................................................................................................................5Task 2:...............................................................................................................................62.1 Different credit agreements:.................................................................................62.2 Termination rights and default notices:..............................................................72.3 General features of agency and differentiation of the types of agents:..........72.4 Agent’s rights and duties:.....................................................................................8Task 3:...............................................................................................................................93.1 Monopolies and anti-competitive practice legislation:......................................93.2 The Competition Commission and the UK Office of Fair Trading:.................103.3 Presence of Dominant positions within the common market structure of EU:......................................................................................................................................113.4 The applicability of the laws of EU in regard to anti-competitive practices:.11Task 4:.............................................................................................................................124.1 Identification and explanation of intellectual property rights:........................124.2 Protection of invention and prevention of infringement:................................134.3 Copyright protection and infringement:............................................................134.4 Comparing and contrasting trademarks and business names:......................14References:....................................................................................................................16
3BUSINESS LAW AND INTELLECTUAL PROPERTYTask 1:1.1 Situation Analysis and advise given to Ben based on the concerned legalrules:Certain laws are associated in accordance to the sale of goods and supply ofservices for the purpose of ensuring safety and security on the part of the buyers(Burton 2015). In this regard, it is noteworthy to mention here that, the provisions of saleof goods and supply of services are depicted in the Sale of Goods Act 1979 and theSupply of Goods and Services Act 1982 (LoPuckiet al.,2016). It is worth mentioningthat the implied terms related to the sale of goods and services are contained in Section12 to 15 of the Sale of Goods Act 1979.According to Section 12 of the Sale of Goods Act 1979, there lies an impliedcondition on the part of the seller which creates a right on the seller to sell the goods asobserved inMicrobeads V. Vinehurst Road Markings[1975]. According to Section13, the nature of the goods must be same as described which was held inHarlington& Leinsterv Christopher HullFine Art[1991] 1 QB 564. According toSection 14(2), it is important that the quality of the goods must be satisfactory (Johnsonand Sohi 2016). In this regard, it has been mentioned that if the goods are found to bedefective within 6 months of purchase then it shall he held to be defective from the firstday of purchase (Rocco and Bush 2016).Therefore, in such cases, the trader conductsbreach with the contract and as a result of which the consumer suffers. According toSection 14(3), the nature of the goods must be such that it fits the purpose for which thepurchase has been intended.Implied terms related to supply of goods are depicted in Section 11 and 12 of theSupply of Goods and Services Act 1982(SGSA). The provisions of Section 12 statesthat, agreement for the supply of services in relation to the supply of goods needs to beincluded however; there must be no money consideration. According to Section 13,during the course of business, services needs done with reasonable care and skill(Hewett and Krasnikov 2016). However, there is an existence of implied term in regardto reasonable time and price which is related with performance of services.
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