Business Law, Civil Law and Criminal Law
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Added on 2020-06-03
Business Law, Civil Law and Criminal Law
Added on 2020-06-03
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ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Application of legal rules on implied terms related to sales of Goods..................................11.2 Statutory Provisions on transfer of property and possession.................................................21.3 Different remedies for buyer and seller.................................................................................31.4 Rules and regulations in respect of product liability.............................................................4TASK 2............................................................................................................................................42.1Types of credit agreements.....................................................................................................42.2 Legal rules on termination rights and default notices............................................................52.3 Characteristics of agency and types of agents.......................................................................62.4 Rights and duties of an agent.................................................................................................7TASK 3............................................................................................................................................73.1 Monopolies and anticompetitive practice legislation in UK.................................................73.2 Role of Competition Commission in UK..............................................................................83.3 Dominant position within market of UK...............................................................................93.4 Illustrations in which exemptions will be made in respect of anti-competitive practices.....9TASK 4..........................................................................................................................................104.1 Different forms of intellectual property...............................................................................104.2 Protection of invention through patents rights.....................................................................114.3 Principles related to copyright protection and their infringement.......................................114.4 Contrast business name and trademarks..............................................................................11CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................13
INTRODUCTIONIn this modern era, law is considered as a significant part of legal system and smoothworking and functioning of a country. Law is a system or a mechanism which is framed with apurpose to regulate and create equality among different sections and part of the country. It canalso be considered as a system of rules and regulations which are enforced through effectivesocial and governmental institutions (Abdi and Aulakh, 2012). Also, law has different partswhich can be characterised as Business law, civil law and criminal law. In this report, variousconcepts of Sales of Goods Act, 1979 will be discussed. Furthermore, diversified types of agentsand their functions will also be discussed. In this present report, applicability of rules andregulations in terms of termination rights and default noticed will also be given effect. Moreover,major outline of anti-competitive practice legislation in this aspect is demonstrated. In addition tothis, main ole of competition commission in context of monopolies and concept of anti-competitive practice will also be given effect in this report. In the end, different principles inrelation to protection of inventions with the help of patent rights and their infringement in case ofa business will also be elaborated.TASK 11.1 Application of legal rules on implied terms related to sales of GoodsWith accordance to the provisions of Sales of goods act, 1979, various provisions andregulations has been framed and implied by Statute with a view point to render protections andremedies to buyers of goods and services. In this light, there are various regulations, establishedwith an objective to prevent buyers from any loss and damage.In respect of a given scenario of Ben, who decided to own a new car. He then, gonethrough an advertisement of car given by Car Dealers, on which all description of car wasmentioned. It was also stated that car was driven only for 18500 miles only. Then, Benpurchased the cited car for 10,000 pounds only. In addition to this, Ben has also deposited anamount of 150 pounds to express his seriousness for purchase of car (Bagley, 2010). After, thetime of purchase of car, when he drove with his family, he found that car was not in a position tomove further on a way of hill. Also, there comes a point where car came to a standstill. Thishappened due to overheating of engine. Then, Ben went back to Car Dealers and stated allproblems, but they refused to take car back and pointed to clause 9 of terms and conditions of1
agreement which stated, that seller has no responsibility in case of any damage or loss. It’s a dutyof buyer to make its own independent checks.So, in this light, Ben is left with various legal provisions of Sales of Goods act, 1979,which are elaborated as:In accordance with Section 12(1), seller has been provided with a right to sell goods andservices. These can also be considered as a condition (Bishara, 2011). Section 12(2), implies a concept, that goods and services sold, should be free from allsorts of encumbrances and undisclosed charge. In view point of Section 13(1), in case of any agreement or contract framed in relation tosale of goods and services, there is an implied condition that good should be inaccordance with description made in regard to it. In reference to this, a landmark case lawof “Harlington & Leinster v Christopher Hull Fine Art [1991] 1 QB 564” has beenestablished. Section 14 of said act, ensures that goods and services should be fit and according toquality described in advertisement. These should be of satisfactory quality. In addition tothis, all goods and services sold by seller should be burden free.Hence, Ben has been provided with various aforementioned legal rules and regulations inrelation to sale of goods and services.1.2 Statutory Provisions on transfer of property and possessionThere are several statutory norms and regulations framed with an objective to effecttransfer of property and possession. Car dealer has sold wrong car to Ben and also assumes noresponsibility in further (Cheeseman and Garvey, 2014). In this case, Ben can be advised onvarious regulations which can be elaborated as:Goods should be ascertained: It includes a proviso that, in a contract made in betweentwo persons, goods should be clearly ascertained in said agreement of sale, else, it willnot be able to be transferred to buyer. So, in case of an agreement between Ben and CarDealers, description of car should be ascertained in an effective manner. Intention of parties: In this contract of sale, intention of parties must be clearly statedand determined. With reference to the case law of “Rowland v Divall[1923] 2 KB 500”it was being held that the parties must clarify their intention to enter into contractualrelationship for sale of goods.2
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