(PDF) Business Law : Assignment

BUSINESS LAW

Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Applying legal rules on implied items relating to sales of goods and supply of service.......1
1.2 Transfer of property and possession statutory provision.......................................................1
1.3 Evaluation of provisions available for buyer and seller remedies.........................................1
1.4 Product liability legal rules and statutory provisions for faulty goods..................................2
TASK 2............................................................................................................................................2
2.1 Difference between types of credit agreements.....................................................................2
2.2 Legal rules of terminating of rights and defaults notice of Ben............................................3
2.3 General features of agency and differentiating between them...............................................3
2.4 Evaluating rights and duties of agent in assistance with Ben................................................4
TASK 3............................................................................................................................................5
TASK 4............................................................................................................................................5
4.1 Form of Intellectual property rights.......................................................................................5
4.2 Principal related to protection of invention through patent right and legal rules..................6
4.3 Principles relating to copyright protection and legal rules preventing infringement.............6
4.4 Comparing and contrasting protection of trademarks............................................................6
CONCLUSION................................................................................................................................7
REFERENCE ..................................................................................................................................8
APPENDIX 1.................................................................................................................................10

INTRODUCTION
Under Sales of goods Act of year 1979 which is abiding and regulating all rules regarded to
purchase and sales of commodities or services within UK during or after 1894. So the current
assignment is dealing with factors related to this Sales of goods act 1979 which is detailing about
purchase of second hand car by Ben. Further the statutory provision on transfer of property and
possession will also be analysed with evaluating provision of buyer and seller remedies within
sales of goods contract.
TASK 1
1.1 Applying legal rules on implied items relating to sales of goods and supply of service
Under this sales of goods act of 1979 Consumer Contract Regulation 1999 will also be
covered which is protecting consumer and his right under the sales and purchase of goods or
service on unfair terms and conditions. It is mandatory as per the part of seller that he is including
all prescription about goods which they are selling to customer as per the section 13 of this
particular act (Allen and Kraakman, 2016). Thus, forming legal liability of seller to tell or include
all important details, documentations and terms or conditions which they are selling to their
customers. As in the above case where Ben purchased car from dealer where he was not
completely informed by dealer. As per the implied terms it could be made clear that there is default
condition on part of Ben that he wanted car in good state and it should also be owned by only 2
owners and also 18500 miles. But car dealer did not mentioned anything which was required on
side of Ben and did not tell that car was previously owned by taxi driver.
1.2 Transfer of property and possession statutory provision.
As per in case of Howlett and sons V Healy 1917 under section 16 which is including that
transfer of ownership of goods and service that is transitory from one person who is seller to other
one who is seller. Then in section 17 of the Sale of Goods Act that there must be specifically and
clear intentions to transit those goods and services from one person to the other. If there are no
clear intention of selling goods on part of seller then under section 18 there would be 5 rules
regarding property of goods are been passing on to buyer (Besley, 2015). Then under section 19 of
the Sale of Goods Act with sale of that commodity title of ownership of those goods need to be
transferred as well.
The Law of Property act 1925 which is one of the form of part UK parliament which is
leading to transfer of freehold or leasehold land by deed. This law is providing core of land law in
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UK which is providing consideration in different types of interest in land. The transfer of
ownership would be including giving out possession to other person with reference to sale and
purchase of it.
1.3 Evaluation of provisions available for buyer and seller remedies.
Remedies for buyer-
Ben is having the right to recover all his loss of damages caused to him as one of his
relative met with an accident form that particular car only. Other that this Ben is having right to get
his car replaced or getting his money refunded back as he was not given complete information
about the condition of car. Ben could be claiming for all kind of loss which has occurred to him
and to his relative as well.
Remedies to seller-
While to seller there is no remedy other than giving Ben the compensation on all loss and
damages caused to him this will be keeping him safer.
1.4 Product liability legal rules and statutory provisions for faulty goods.
Faulty or defective goods:
These are those goods which from the sales or purchase of goods whose quality and
quantity of loss and commodities are damaged could be termed to as defective or faulty goods
(Chemerinsky, 2016). However, any one part or either the whole product is damaged which need
to be recovered or compensated or both. Other than this if buyer or another person is suffering or
has got any injury due to that defected goods and then they are to suppose to get compensation.
There are various rules regarding products and their liability that are been laid down in Consumer
Protection Act 1987, Contract act and Tort act. But as per the part of that consumer who is
claiming goods to be defected or faulty must firstly prove why it is been received as defected.
Then he should prove that he or any other person is harmed due to this defected goods then only he
would be entitled to get compensation.
In above case of Ben and his defaulted car he is been able to file legal case against that
seller under Consumer Protection Act 1987 after proving the damaged car (Coffee Jr, Sale and
Henderson, 2015). Ben also needs to give clarification on subject that he and care dealer is under
contract of dealing with that car as per Contract law. Then as per Tort Law Ben needs to prove that
dealer is found neglecting his duties in lieu of giving him quality of products without any form of
damaged into them and also providing correct information related to products.
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