Business Law TABLE OF CONTENTS INTRODUCTION: A Case of Mr. Ben Ben
Added on 2020-06-05
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Business law
TABLE OF CONTENTS
INTRODUCTIONCommercial law or business law is analysed as the body of law that usually made forcontrolling and governing business. Parties are legally bound to follow obligation of businesslaw which is comprised to the provisions of various act such as sales of goods act, competitionact and Monopoly act (DAILY, KIEFF and WILMARTH, 2014). Present reports is based onanalysis of case of Mr. BEN who had purchased a second hand car and found problems after fivedays but seller consolidated and denied taking the car back by pointing out execution clausewhich was also signed by BEN. This study will provide understand about legal rules of impliedterms for sales and supply of service along with the product liability legislations and statutoryprovisions for faulty goods. In addition, it will also provide understanding about intellectualproperty rights related to business deals. Remedies for buyers and seller in contract of sale hasbeen evaluated. Further, major principles which influence the lawful coordination betweenorganizations and their target market are also discussed. At last, report will cover the analysis ofmain provisions related to name of business and its trademark with appropriate example.TASK 11.1 Suggestions to Ben on legislation related to implied terms and conditions.The present scenario reflects that BEN desires to buy car new car on the basis ofadvertisement which is referred by the car dealer's Magazines. Advertisement has provideddetailed description about the car that BEN selected and it was second had car. At the time, BENwent to see the car, dealer said the car was not there in room. Further, for testing the car hewould have to pay GBP 150 as token amount. BEN made payment and after arrival of car hetook a test drive and found that car was in good condition, After test drive, he immediatelydecided to purchase and made the whole payment. Next day car was delivered at Ben's homeafter further washing and servicing. In contrast, after five days of delivery of car, when buyerwas taking his family on trip, he discovered that whenever the car goes uphill its engine wouldslow down and it was heating up as well as demanded regular cool down for restart. Buyer gotvery disappointed and decided to return the car to seller back, where he got information that carpossess two owner and second owners has used it as taxi cab. Seller had refused to take it back by point out the execution clause 9 within terms and conditionassociated with the sale. 1
As per case discussion, it was analysed that there are some legal obligations under sale of goodsact 1979 which both buyer and seller needs to considered while making sale or purchase of car(Folsom and et.al., 2012). Implies terms and regulation are presented within Section12 to 15 ofthis act which are mentioned below: Section 12: According to this provision, seller while selling goods is required to haveownership or possession of product in order to transfer the rights associated withownership.Section 13 : As per this section, products which are sold by seller should be as the waythey have been communicated and described to buyer. Section 14 (2): This provide understanding that goods sold by buyers required to be ofsatisfactory quality (Beatty and Samuelson, 2012). Moreover, good which are identifiedas faulty within six months of the purchase are considered as being faulty from the day ofpurchase and trader would be considered to have breached the contract with theconsumer. Section 14 (3): In states that, Goods are required to be as per the intent for which it waspurchased by buyer. Section 15: In this, the quality of goods within utilization was not actually portrayed asthe area for driving was not the same as compared with actual situations.In present case, Car was heating up while it goes uphill and slow down with five days ofpurchase therefore it can be implied that was not appropriate from buying date and dealer needsto provide amount of damages caused to BEN.The test drive of car does not present the actual outcome (Cohn, Fehr and Maréchal, 2014).Information described by Seller was false because previously the car was owned by two ownersbut seller described it has second hand car. Moreover, organization also aims to decreasing theliability of enterprise by the introduction of execution clause. Further, execution clause have notimply in above case scenario because it is contradicting directly with terms and conditionsimplied in Sales of goods act 1979. Therefore, BEN is entitled for losses suffered by him afterpurchasing car. 1.2 BEN on the statutory provisions on the transfer of property and possessionThe statutory legal provisions associated with the property transfer and possession undersale of goods act 1979 has been mentioned under section 5 related to Title and passing of2
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