Business Law Assignment Copy
Added on 2021-01-01
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Business Law
INTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................31.1................................................................................................................................................31.2................................................................................................................................................41.3................................................................................................................................................51.4................................................................................................................................................6TASK 2............................................................................................................................................72.1................................................................................................................................................72.2................................................................................................................................................82.3................................................................................................................................................82.4................................................................................................................................................9TASK 3..........................................................................................................................................10TASK 4..........................................................................................................................................184.1..............................................................................................................................................184.2..............................................................................................................................................184.3..............................................................................................................................................184.4..............................................................................................................................................19CONCLUSION..............................................................................................................................19REFERENCES..............................................................................................................................20
INTRODUCTIONLaw is a cluster of norms, beliefs, provisions, rules and regulation which is designed andenforced by governmental institution for regulating behaviour of whole society. Its mainobjective is to protect buyer and seller from fraudulent activities by enforcing legal rules whichis imposed on them. Moreover, legitimate laws are trying to offer equal opportunity to eachindividual so that they can accomplish all their activities in proper manner (Wilsonand et. al.,2012). Therefore, this assignment is going to highlight the laws which needs to be followed bypurchaser while buying any product for minimizing the probabilities of risky situation. Thus,case of Ben will discussed in the project by explaining roles and responsibilities of agents and itstypes of credit agreements which is faced by consumer. Basically, an appropriate suggestion isdetailed in the report related with statutory legislation about product liability and transfer ofpossession. Moreover, monopolies and anti-competitive practices of UK is also explained forunderstanding the eminent role of competition commission associated with this monopolies.along with this, various types of intellectual property will further outlined in assignment forunderstanding the provisions related to this prevention. TASK 11.1According to the mentioned situation, Ben is a customer who wanted to buy a secondhand car because his previous car has become too old. Therefore, he decided to contact withpopular car dealers by seeing the magazine for identifying car within his own budget. Next dayhe have visited to showroom for buying car then dealer inform that selected car of Ben was atanother showroom which is very much away from showroom around 80 miles but can beavailable within the next 48 hours. Thus, for confirming the order Ben have to pay advancewhich was a non-refundable deposit of almost £150. Ben deposited the amount and furthermorepurchased the car after test drive. It means, Ben’s haven’t seen any terms and conditions orclauses related with the product before finalizing the contract which are really indispensable for acustomer to know while buying the goods. Basically, there are few legal rules are enforced by legitimate body on implied termsassociated with sales of goods as well as for supplying of services (Abril, 2011). However,according to the sale of good law 1994 it has implemented little modification in some parts3
previously categories by sales of goods act 1979. Thus, conditions unstated are mentioned underS/12 to 15 of sales of goods act 1979 which is described below- Section 12 states that there must be availability of implied clauses that aids in clearingthat seller have an authority to sell particular product. Section 13states that offered products need to be same as discussed with the dealer.Section 14 (2) is about quality and main motive is to ensure that offered goods requisiteto be of satisfactory quality. Furthermore, legal bodies mentioned that products those are found damage or defectivein the set time period of 6 months of buying must be taken into account as inappropriate of itsbuy and seller needs to consider the breaching of contract with end user (Macaulay, 2018). Additionally, section 14 (3) is based on fitness for purpose which means that productwhich is purchased by consumer must fulfil the objective for which it has been bought bycustomers. Hence, in the given case study car stopped within 6 days of its purchases which will bedefinitely considered as faulty as per sales of goods act and the seller is considered liable forreplacing it. But at the same time, Ben have also missed to read the clause 9 in which seller haveclearly mentioned that “We accept no responsibility what so ever for description we have statedabout cars and its quality.”As a result, seller might reject the proposal of replacement of carbecause Ben’s have ignored to read the clause 9. 1.2 In accordance with the legal law of property and possession that is all about changing theownership of the product from seller to buyer in the exchange of money. Thus, it is essential forBen to know about the statutory regulations related with transferring process under Sale ofGoods Act 1979 which is provided as per 5 that is; label of transitory of assets. 5.1: The seller’s Title- a) Section 12 sales of Goods Act 1979 cover certain rules those arerelated to the implied terms and situation that explains that retailer must have certain option toselling its products. 5.2 Transfer of propertyamong both retailer or buyer- As per Ben’s case there are numerous ofconsequences is identified by passing the ownership such as; 1.Right to sue a third party in case of any damages or loss of product on which it havedepend on who have the possession for specific time period. 4
Section 16 is based on ascertainment of product in which; when there is an agreement ofdeal of unreliableproduct which is produce with one of possession under certain situation thatwill be transfer to purchaser until the products are in right condition. Section 17 (1) of property must be transferred, whenever party wanted to transfer meansthat in agreement of transaction of particular or ascertained product then property in that istransferred to buyer. Section 18 specifies the regulations for ascertain purpose which means that until andunless seller haven’t disappears any other intention than according to legal provisions that duringselling a goods seller have only wish to pass the property to buyer (Buxbaum, Hirschand Hopt,2012). Section 20 (1) transferring of risk mentions that until and unless product owner hasn'ttransferred the possession then it’s upon seller risk and when the specific product getsuccessfully transferred then risk is also transferred to buyer. At the end, it has been understood that Ben’s needs to consider all the legal terms andconditions before transferring the possession of car in order to minimize the probabilities of riskor major loss. In fact, analysing of all the legitimate provisions helps Ben’s in resolving all thecomplex situation because Consumer Protect Act have introduced various remedies for the endusers. 1.3 As per given case study, product of Ben’s have been identified as faulty after thepurchase within sex days. Therefore, some of the necessary statutory provisions are made inrelation to the purchasers and retail in accordance with the sales of goods act 1979 are discussedas follows-Remedies action of seller- Honorary vendor- Section 38 of SOGA 1979describes that sellers are considered asunpaid when the overall cost of specific goods in not paid or when the payment has been donewith the help of cheque that might get dishonoured. Human rights of unpaid seller- underSection 39 SOGA 1979 clarify that unpaid sellerhave a right over their own goods and havepower to retaining the price of goods when he/shehave still goods in ownership. Additionally, if buyer get insolvent then at that time seller have aright to stop the transition of goods (Posner, 2014). 5
Apart from this, some of the real remedies are- According Section 41-43- rights against goods is lien.Section 44-46 states that stopped the goods transit. Section 48 clarify the retention and re-sale of product as controlled by sales actSome of the personal solutions are- Right against buyer- Section 49 is the action for expense of goods. Section 50 is an action during damages of non-acceptances of any product. Furthermore, there are some solutions for buyer are also identified because consumers arehaving some of the additional authorities as per the part of 5A SGA 1979 in which products doesnot oblige within the sale agreement while delivering or for a certain time that is of six monthsafter the goods have been brought (Bagley, 2010). Section 48B (1) of SOGA act 1979 repair or replacement which offers that buyer mustrequisite the seller of products for repairing or replacing goods at seller’s cost. Section 48C (1) minimization in price states that sellers have an option of minimizing theprice of specific product if he/she get failed in repair or replacement. 1.4 It has been seen in case of Ben that debts of products is been identified in accordance withthe legal relation under tort as well as related to the consumer act 1987. It is entirely relies onthe certain specific products issues those are associated with the getting all the authorised poweragainst the dealer. There is case which is much similar to the Ben case that is related with pureincident of fraud. The case study was related with the two parties that are involved in the issue ofDonoghue vs Stevenson (1932). Basically, under this case Lord Atkin has deliver his verdict thatowner of the goods is entirely responsible to the client for taking logicalthink aboutthe issues inorder to control the probabilities of damage which might suffered by end user. Thus, in case of asingle product is need to be taken into accountdamage in basically two situation such as; firstlywhen that good haven’t provided in the good condition as per the condition of agreement and onthe other hand, when that item is going to be dangerous for the individual or might his/herpossessions is mentioned under Section 3 (1) of consumer Protection Act 1987 (DiMatteo,2010). 6
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