Business Law INTRODUCTION 4 TASK 14 1.1 Analyse and Ben on the Legal Rules of Implied Terms

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