Entering the Agency Industry

This assignment delves into the world of the agency industry. It guides you through understanding how to enter this profession and outlines the essential duties and responsibilities expected of individuals working within agencies. The assignment aims to provide a comprehensive overview of the key aspects involved in a successful career in the agency industry.

Business law

Table of Contents
INTRODUCTION................................................................................................................................4
TASK 1.................................................................................................................................................4
1.1 Analyse and Ben on the legal rules of implied terms relating to the sale of goods and supply
of services........................................................................................................................................4
1.2 Analyse and advice Ben on the statutory provisions on the transfer of property and
possession........................................................................................................................................5
1.3 Evaluate the statutory provisions on buyer's and seller's remedies in sale of goods contracts..5
1.4 Analyse and advice on product liability legal rules and statutory provisions for faulty goods
in case .............................................................................................................................................6
TASK2..................................................................................................................................................6
2.1 Differentiate between types of credit agreements which Ben as a consumer could use to buy a
car.....................................................................................................................................................6
2.2 Analyse the legal rules on termination rights and default notices for Ben as a consumer in
case he had problems in future paying the debts as required in the contract...................................7
2.3 Analyse the general features of Agency and differentiate between the different types of
agents...............................................................................................................................................7
2.4 Evaluate the rights and duties of an agent to assist Ben understand his position once he
becomes an agent himself................................................................................................................8
TASK 3.................................................................................................................................................8
3.1 Outline and explain the monopolies and anti-competitive practice legislation in the UK?......8
3.2 Explain the role of the Competition Commission within the context of monopolies and anti-
competitive practices ......................................................................................................................9
3.3 Define dominant positions within the EU common market giving examples of such
businesses.........................................................................................................................................9
3.4 consider instances when under EU law, exemptions will be made to potentially anti
competitive practices.....................................................................................................................10
TASK 4...............................................................................................................................................11
4.3Describe the principles relating to copyright protection and the legal rules preventing their
infringement...................................................................................................................................12
4.4 Compare and contrast the protection of trademarks and business name giving practical
examples........................................................................................................................................12
CONCLUSION .................................................................................................................................13
References..........................................................................................................................................15

INTRODUCTION
A legal contract of exchanging of goods and services which is done between seller to buyer for
agreed value of money or some amount is known as the contract of sale.If the seller doesn't provide
the quality or does fraud then the buyer can sue the seller for the breach of warranty.. Here in the
case of Ben he has been cheated over (Carroll and Shabana, 2010). Ben decides to sell his old car
and decides to buy a new car. He checks it in the car magazine and finds a good deal of a car. He
buys it and takes his whole family on a trip. During this trip he finds that the car's engine is not
working well and it smokes up at uphill. He complains the company but they refuse to give him
back money showing a clause which states that the company is not responsible for this. He now
asks for legal advice and wants justice.
TASK 1
1.1 Analyse the situation of Ben on legal rules of implied terms which are related to sale of goods
and supply of services.
Ans. According to the Sale of Goods Act 1979,it offers protection to Ben whether he buys
the product from the retail store. In this case Ben has complete protection since according to this the
product has to be accurately described,and should be of a better quality and should be robust. Ben
can easily sue the company because it is breaching this law. The quality provided here is not as was
defined in the advertisement. In this case Ben brought care and after some time he recognize that
the care engine is not working properly but he complain to company they refuse to return money
back. According,to the advertisement it was clear that the car is in good condition and is of good
quality. But in reality it is not as such. Ben has the complete right over suing the company for
having misrepresentation of products. According to the Supply of Goods and Services Act
1982,protection is offered if the consumer goes into a contract for the supply of goods and services
(Parker,Gordonand Mark, 2010). The consumer has to be provided with suitable lookout and
abilities with a proper time and at a proper charge. It covers the various facilities provided with the
product provided with the contract. In this case Ben can sue the company for not providing the
services related to the product.
In the given case, Ben is the buyer who purchased a car from a car seller. According to given
condition is that car dealer provided a car in a very good situation. but during car driving he feels
that the car performance not up to the mark. Therefore, he is liable to file a case against car dealer
according to the sales of good act 1979.

1.2 Give opinion about the statutory provisions on the transfer of property and possession.
Ben has bought the car from the company. It has been sold on some contact and laws. These laws
can be used in various conditions.
The various laws regarding transfer of property lay down on Section 18 to 25 of the Sales of
Goods Act. These provisions are given below :
1. Uncertainity in the goods shouldn't be present– The goods won't be transferred to the buyer
if the unascertained goods are persent
2. Intention of the party – The intention of the parties has to be specified in the contract of sale
of specific goods (Westfahl,2010).
3. Goods having specific qualities – If there is an unconditional contract stating that there is a
sale ofm specific goods which is in a very good state the property is then passed to the buyer
when the contract is been made
4. Seller will be responsible for the delivery of goods and sevices.
5. In order to deliver properly the goods a proper checking of the goods has to be done.
6. The ownership wnt be passed if he fails to inform the buyer.
7. For passsing the property it becomes very essential for buyer and seller to identify the actual
goods which are supposed to be delivered
8. On approval the property passes to the buyer.
1.3 What are the statutory provisions on buyer's and seller's remedies in sale of good contracts.
Ans. According to the Ben case the seller can sue Ben in two cases which can be :
1. Suit for price – According to section 55(1) the selling party can sue the buying party who
has accepted the product and is refusing to pay according to the terms of contract.
2. Damage for not accepting – In this act of section 56 the seller can sue the buyer for not
accepting. This can be used very well by the seller to use their power and right
The buyer can also sue the seller in either of the two cases :
1. Damage for non delivery – According to section 57 buyer can sue the seller for damages
occuring due to the non delivery of the product.
2. Breach of warranty – According to section 59-1 buyer has the right to sue seller for rejecting
the product when it is under warranty (Stout,2013).
There are other laws and sections also say section 58 and specific relief act,1877 buyer can
even sue the seller for delivering the wrong product.

Here in the given case we can see that Ben the buyer can sue the company seller here for delivering
a bad product. The product is not of utmost quality as was told. The engine is also not that powerful
as was told and has been used by two customers already. But also due to the section 9 clause Ben
has already signed the clause so he can't sue the seller
1.4 For faulty goods advice the prodcut liability legal rules and statutory provisions.
Ans. The given case is very complicated. Here Ben was not given the complete information
about the condition. When Ben went out with his family he found that the car was in poor condition
and was not working properly. He then complained the company about this to which he came to
know that the car was been used as a cab and was already used by two customers. Ben can use the
Consumer Protection Act,1987 to prove that he has been cheated upon. He needs a proof to claim
for compensation for his family member's injury due to the poor quality of the car. The court can
only provide him his right of compensation after he proves the quality of the car is bad and is liable
for the compensation. Loss which has occurred to him and the injured family member has to be seen
(Johnson,2013.Jacobson, and Jazowski,2011). The family has gone through a accident because of
the bad quality of the car. Ben need to use the consumer act to prove that he is liable for the losses
he and his family has met in the accident.
TASK2
2.1 Differentiate between types of credit agreements which Ben as a consumer could use to buy a
car.
Ans. There are a various type of agreements which Ben as a customer could use to buy a car
these laws come under Consumer credit act 1974 and Consumer credit regulation 2010 these acts
are mainly applied on unsecured credits . It does not apply if the credit limit is more than £60,260.
Various type of agreements are firstly when a consumer purchase the good are makes payment in
instalments comes under the credit agreement example a consumer purchased a good and paid 40%
at the time of purchase and rest payment will be done in instalments is also a type of agreement .
Secondly when a consumer is paying in instalments of a product and he gets the product at the time
of final payment of instalment comes under credit agreement, third hire purchase agreement in
which a consumer is paying in instalment for using the good but also have an option to buy the
good on the final payment of instalment but taking a loan from relative / family or a friend , this is
not a credit agreement protected under these acts. Credit agreement refers to legal agreement in
which bank allow customer to borrow certain amount of loan there are different kind of credit
purchase that can be done. Such as
 hire purchase: in this customer can hire the property and also its possession. In this both
parties have right to sell the property. The customers get also gets the ownership of
property.
 Conditional sales: This agreement is not favourable for Ben because in this agreement
buyer get the right to transfer the property to another customers.
 Bank loans:In this buyer get amount from bank and return they pay interest to bank. In this
the customer do not get the ownership until they pay full amount to bank.

 Credit sales: In this customer get possession but the won't get the ownership of particular
property.
In the above case Ben can use bank loan and hire purchasing to buy new car in credit mode
of purchase.
In the above case Ben can use the first two type of agreements to seller a car to his
consumers where Consumer protection act is applicable but he can also give the option of taking
credit from family, friend or relative and then purchasing a car on credit.
2.2 Analyse the legal rules on termination rights and default notices for Ben as a consumer in case
he had problems in future paying the debts as required in the contract.
Ans. There are various rules and default notice for Ben as a consumer in case he became
insolvent mainly he would breach the of Consumer credit act 1974 and due to “unfair relationship”
provision at ss 140A-C the court can reopen the credit agreement on behalf of the creditor that the
relationship between creditor and debtor arising out of the agreement is unfair to the creditor. Thus
Ben has to pay the creditor in full settlement , it”s the wish of creditor to exclude the interest
amount to be payed by the debtor from the final payment for this the court can announce a public
auction of the debtor's private property. According to Termination of common law Ben would also
pay for the financial loss of creditor if any (Ford, and Condon,2011). Under section 1 All ER 625
creditor would have to give a month's time to Ben is order to pay for the remaining amount of loan
on Ben. If in case Ben has taken credit from the bank then the bank would pay to the creditor in full
settlement and bank would recover the amount from Ben by auctioning his private property like his
vehicles , property and any other property of the debtor through which the amount can be recovered.
2.3 Analyse the general features of Agency and differentiate between the different types of agents.
Ans. The main feature of an agency is to keep the car neat and clean both inside and outside
the car using the cleaning equipments and products they should have a check on cleanliness . The
agency should have proper staffing with a presentable personality. Agency should have a proper
advertisement stating the proper address and contact number . They should also keep an update of
the market trends, other new features and sales promotion schemes of the competitors so that the
agency could do something new for the customer satisfaction in market. The agency should start
various events and celebration in order to gain costumer attraction. They should also have a proper
standard to maintain in order to keep good costumer retention There are many type of agencies
mainly first the outlet of the company itself where the car's company open it's personal store in the
market for the sale of the product (Svantesson, and Clarke,2010). These type of agencies are not
very common in the market as the company give the distribution of the product to other vendors .
Secondly the agency which have a collaboration with the car manufacturing company and the
retailer is responsible for the sale of cars . This type of agency get a monthly budget for the
manufacturer for the sale of product. Third the agency which is selling used car to others . This type
of agencies have a huge market share more than new or fresh car's market share because fresh car

would be sold in the market one day . Fourth is the custom agency . These are the once who
customise the car according to the need of costumer's choice and demand.
2.4 Evaluate the rights and duties of an agent to assist Ben understand his position once he becomes
an agent himself.
Ans. Rights and duties of an agent to assist Ben understand his position once he became an
agent himself includes evaluation in this the agent should evaluate Ben to keep an eye on learning
skills of Ben that what actually Ben has learned and how does he handle the client. In this the agent
has to sharpen the skill of Ben to attract the customer and crack a deal which is profitable to the
organization (Hawkins,2012). Secondly Ben's senior should make him aware about the client details
are his information so that he could easily contact the client in order to make them aware about the
new proposals. The agent should teach Ben about how to judge what exactly his costumer is
looking for, his likes – dislikes and his budget once he is able to crack the deal with the guest Ben
would have a fixed amount as a part of his incentive upon the sale of the product. Ben could easily
claim for the incentive on sale of car by him. Ben's senior would give a target to achieve which can
be on monthly basis if he is not able to complete the target then he has to complete it in the next
month else his team would be responsible for target to be completed.
TASK 3
3.1 Outline and explain the monopolies and anti-competitive practice legislation in the UK?
Ans. Monopoly take place when company is having strong command on their production
and they supply available according to customers requirements. When there is less competitors in
market. In this case industry make their own prices. As government of UK. Prohibits any company
to lead the market for longer period. In case they serve economy in large contribution then only
government allow those company to lead market. Their is separate competition law which deals
with these activities and issues. According to this law the company is having monopoly when they
owned 25% of market share.
The another practices is anti competitive practices in this the legal authority check whether
big companies are harming consumer and local companies. There is competitive and enterprise Act.
Which monitor and over look these activities. The legal authority look after merger, joint ventures
and others. They make sure these actions do not harm on market.
Various acts that comes under monopolies and anti-competitive practice legislation in the
UK are Competition act 1980 according to this act the ministers are instructed that they should
investigate that if they have any suspecting of monopolistic practices in the market means that
minister should keep an eye on market for any kind of monopolistic activity. Second Competition

act 1988 according to this act European commission laws are scrutinizing the anti-competitive
practises this says that the anti-competitive practises should be followed properly (Johnson L.
2013). Third Fair trading act 1973 according to this act the company should do trade in a fair
manner and abolish monopoly the company should not follow any kind of unfair means in order to
do trading with clients in the market while providing their products and services (Simon,2012).
Fourth Telecommunication act 1984 according to this act self – governing grades are given to the
competition commission according to every company would give themselves a grade according to
the rules and regulation and various processes that they are following any kind of discrimination is
not accepted. Fifth is Monopolies and restrictive practises act 1948 and Monopolies and merges act
1965 state that merger and the contracts which are against the public interest should be restricted it
means that the company should not give any kind of fake contract and should not hide anything
from their customers, everything should be transparent to customer. they should be aware about
every small details of the contract (Solér CBergström, Khanahan, H2010).
3.2 Explain the role of the Competition Commission within the context of monopolies and anti-
competitive practices
Ans. The role of the Competition Commission within the context of monopolies and anti-
competitive practices and the UK Office of Fair Trading now merged in the Competition and
Markets Authority in regulating Monopolies and Anti-competitive practices are divided to various
agreements mainly horizontal agreement are those that prevent rivalry about the fundamental
dynamics of market competition, price and output. . To start such agreements, competitors may also
agree on tactics to prevent new competition or together firms should not go along hence the laws
also try to prevent and punish boycotts(Solér CBergström, Khanahan, H2010). This on other issues,
such as product standards, research, and quality, may also affect competition, but whether the effect
is positive or negative can depend on market conditions. Second vertical agreement helps to control
different ways of distribution. The reasons for concern is same that the agreements might lead to
increased prices, lower quantity , or prevention of entry and innovation. But vertical agreements
also often promote efficiency. Because the competitive effects can be more complex, and are
usually less serious, than those of horizontal agreements, the legal treatment of different kinds of
vertical agreements varies even more than for horizontal agreements(West fahl S.2010). The other
two are monopolization is a category which is concerned principally with the conduct and
circumstances of individual firms . A true monopoly will charge higher and provide poor quality of
product to consumers. Merger control tries to remove the creation, through acquisitions or other

structural combinations, of undertakings that will have the incentive and ability to exercise market
power.
3.3 Define dominant positions within the EU common market giving examples of such businesses
Ans. Dominant positions refers to the anticompetitive business practices in which a
dominant firm may engage in order to maintain or increase its market share in the market and after
that they could reduce the quality of product and increase the price of their product which results in
gaining more revenue for the company(CantwellJ.DunningJ.H.LundanS.M2010). For example there
are 3 companies in EU that are ruling the oil market of the European union namely Royal dutch
shell commonly known as shell is on the first rank under oil market it has a huge market share as
compare to rest of the two ,its revenue was 484,489 billion dollars which have its main office in
Netherlands and UK it has so many branched and due to it's spread over the market are the main
reason for company's dominance in the market . Second is Volkswagen is automotive sector is
considered to rule the automotive market of the European Union headquartered in Woflsburg,Lower
Saxony,Germany. The former Commissioner responsible for competition policy, has stated that the
Commission uses Market share of the firm under investigation as well as the market share of its
rivals on the same market must be examined. Regulation of dominance in the EU needs to be set
against the historical and cultural background of the rapid economic changes that have taken place
in Europe over the last twenty years. The original numbering of the articles of the Treaty
Establishing the European Economic Community may have changed, but the content of the
competition law provisions in the basic treaty provisions has defied any significant
rewording(FordCCondonM2011).
3.4 consider instances when under EU law, exemptions will be made to potentially anti competitive
practices.
TASK 4
4.1 What are different forms of intellectual proerty rights.
Intellectual property right related to creative work which considered as an asset just like other
properties inventory. These artistic works can be related with the symbol, names, image, innovation
which is used in commerce.
There are mainly four forms of intellectual property rights for any business:
1. Copyrights – Copyrights protect the main work done by any author,music,choreography
work,sound recordings,computer software.
Example : Say the novel of Chetan Bhagat 'Five Point Someone'.It has been written by Mr.

Chetan and no other person has the right to copy it and publish it.
2. Patents – Patent gives the rights of an invention,it gives complete protection to the inventor
to take care of the invention and doesn't allow any other person or company to use it.It is
very useful nowadays since fraud happens a lot nowadays.
There are three types of patents that are - Utility,design,plant.
Example – The revolutionary V-twin engine of Harley Davidson Street 750cc is invented by
Harley Davidson Company. They have the patent right over it. No other company can use
this technology or copy this technology.
3. Trademarks –Refers to the special symbol,slogan,jingles related to any brand.It simply
distinguishes the brand from other brands.The competitors have to be taken over like this.
Example – Nike having a swoosh sign which distinguishes it from other brands.
4. Trade Secrets – This is a secret formula which the company uses.It also includes the various
devices or information which gives them advantages over the other companies.
E.g.Computer algorithms,survey results.
4.2 Tell the patent rights and legal rules principles.
According to Patent act, 1997 it is a right granted by the government to an inventor which
gives the owner the right to exclude others from making, selling, using, offering to sell, and
importing an invention for a specific period of time, in exchange for the public disclosure of the
invention (Dunning, 2014). A claimant for infringement has various solution depending on the facts
of the particular case. If a patent is infringed, one can sue the offending party or business in court
and ask for an injunction to stop the infringer with prevention of further losses and can also ask the
court to award you damages. Patent provide monopoly and it has to be re-register according to the
operating law and it is granted for a particular period of time. Patent act, 1997 is territorial in nature
therefore only useful for protecting an invention in the country in which that patent is granted. The
ability to assign ownership rights increases the liquidity of a patent as property as Inventors can
obtain it and then sell them to third parties (Parker, Gordon and Mark, 2010). The third parties
then own the patents and have the same rights to prevent others from exploiting the claimed
inventions, as if they had originally made the inventions themselves. As globalisation is reaching
towards all nations World trade organisation made TRIPs agreement which helps all countries to
agree on some common grounds regarding patent rights. Cost of patent vary depending upon kind
of patent and a fee for renewal is also to be paid before expiry of rights. Some principles of patent
rights are as follow:

1. Patent right provide a platform which simplifies that no other person will going to use that
thing without permission of the owner of that property.
2. In US, patent right is applicable for only 20 years. It has a life only for 20 years and after
that patent get expired and it leads to get renewed.
3. A patent should have to be novel, useful and not obvious for any one. These are the three
main subjects which should have to get fulfil by an individual.
4. A novel invention is one which is not for sale for general public.
5. Assignment of patent state about the transfer of inventor property to other person or his/ her
representative.
4.3Describe the principle
Work that is stored or recorded such as music, drama, literature, films and sound engineering comes
under copyright law. Function of this law is to save the originality and ensure how it should be used
by others, which part can be reproducing and how that part can be utilised. It applies nearly to all
creative and intellectual works because of which they are protected automatically, without copyright
notice or registration. All work in this world is not copyright as work in public domain can be freely
used by anyone but it is important to know what 'public domain' means. It means copyrights which
are expired or when author is dead. As this law has a wide scope its policy varies according to
activities, like policies related to library work differs from internet and electronic work. There are
some myths like if someone is not making money by illegally using copyright or if there is a bit
similarity in work than this law does not applies, which is completely incorrect. A legal action can
be taken in these type of cases but this law does not applies to intangible things like ideas as it is
applicable to only recorded work (What is Business Law?. 2017). In case of infringement there are
provisions for heavy penalty which can differ from case to case as sometime it is monetary, in other
cases court may order immediate stoppage of infringement and in special cases there are provisions
for imprisonment. In UK maximum term of incarceration is 10 years and on the other hand the fine
can be unlimited.
Principle of copyrights and its protection:
3. Act applies to only such property which have captured content such as books, articles,
music, drama etc.

4. It majorly used to protect such number of things like videos, music etc.
5. It is only for such property which have tangible nature.
6. Public domain work does not require copyright and they get used by each and every person
who is a part of society.
7. An individual should have to seek permission first before use any other person property.
This term come under intellectual property right.
8. If any person void this thing then they should have to suffer a penalty fee against that which
is so high or might have to sentence for some number of years or can be both.
4.4 Compare and contrast the protection of trademarks and business name giving practical
examples.
Trade mark is a symbol, sign, design which help to customers in identifying the products and
services from particular source. Although trade mark helps to identify the services which are
provided by organization. A company have to get registered their logo, signs so that they can
protect their rights and duties.
A business name is a title under which a person carries out their activities. A member has to
registered their business which protect their names and activities from their competitors. With the
help of name of company give them power to regulate their business in competitive market. Here is
some difference between business names and trade mark are as follows.
If company wants to achieve some competitive advantage, then it is essential for them to registered
their business under trade mark. Whereas registration of name of company is needed when if
they have to provide some legal services to customers.
With the help of trade mark, company gets legally registered. Whereas name of business is merely
representing the products and services of organization.
Registration of trademarks and business names are compulsory.
CONCLUSION
In the above case study we were able to determine various rules and regulation that has been
followed in the country and their effects of it . Trough this we can easily determine the frauds done
by both of the side from sellers to the buyer . This made us learn about various rules and regulation ,
their breach effect and their default notice that has to be given by court either to dealer and buyer .

It also include various ways trough which a person can enter the agency industry and what are the
various duties and responsibilities that has to be followed.

References
Carroll, A.B. and Shabana, K.M., 2010. The business case for corporate social responsibility: A
review of concepts, research and practice. International journal of management reviews.12(1).
pp.85-105.
Parker, C., Gordon, T. and Mark, S., 2010. Regulating law firm ethics management: an empirical
assessment of an innovation in regulation of the legal profession in New South Wales. Journal of
Law and Society.37(3). pp.466-500.
Westfahl, S., 2010. Response: Time to Collaborate on Lawyer Development.Journal of Legal
Education. 59(4). pp.645-652.
Cantwell, J., Dunning, J.H. and Lundan, S.M., 2010. An evolutionary approach to understanding
international business activity: The co-evolution of MNEs and the institutional environment.Journal
of International Business Studies. 41(4). pp.567-586.
Stout, L.A., 2013. The toxic side effects of shareholder primacy. University of Pennsylvania Law
Review.161(7).pp.2003-2023.
Johnson, L., 2013. Unsettledness Delaware Corporate Law: Business Judgment Rule, Corporate
Purpose.Del. J. Corp. L.38, p.405.
Jacobson, P.D. and Jazowski, S.A., 2011. Physicians, the Affordable Care Act, and primary care:
disruptive change or business as usual?. Journal of general internal medicine.26(8). pp.934-937.
Solér, C., Bergström, K. and Shanahan, H., 2010. Green supply chains and the missing link between
environmental information and practice. Business Strategy and the Environment.19(1). pp.14-25.
Ford, C. and Condon, M., 2011. Introduction to “New Governance and the Business Organization”
Special Issue of Law and Policy. Law & Policy.33(4). pp.449-458.
Svantesson, D. and Clarke, R., 2010. Privacy and consumer risks in cloud computing. Computer
law & security review.26(4). pp.391-397.
Hawkins, J., 2012. Credit on Wheels: The Law and Business of Auto-Title Lending. Wash. & Lee L.
Rev..69. p.535.
Simon, W.H., 2012. Where is the Quality Movement in Law Practice.Wis. L. Rev. p.387.