International Business Transactions: Problem-Oriented Coursebook

The provided content includes a mix of articles, journals, and books related to international business transactions, law, and policy. Topics covered include US progressivism, China's new laissez-faire policies, bribery laws, environmental regulation, contract law, and the impact of law on lending. The list also includes studies on intercultural communication, e-commerce law, and consumer privacy in the cloud. Overall, the content appears to be a collection of academic papers and books that focus on various aspects of international business, including law, policy, and ethics.

BUSINESS LAW

INTRODUCTION
Every organization needs to follow all rules and regulations which are framed by the
government. They have to focuses on the law and must comply with the rules and
regulations. The present report is related with sales of goods act, Competition act, formation
of agency and intellectual property rights. Various types of laws are having impact on the
existence of company. According to the sales of goods act every seller is responsible to
provide goods and services according the description which is provided the buyer at the time
of placed an order. Agency is formed by two parties such as principals and agent. The person
who perform act on behalf of their principals is known as agent.
TASK 1
1.1 Implied terms related to the sales of goods.
According to sales of goods act 1979 every seller needs to provide goods and services
on the basis of description which is send by the buyer at the time of placed an order. Also
various types of laws and regulation are mentioned this act which have to be fulfil by them.
In the given scenario, Ben is wants to purchase car from dealer which having good condition.
He read an advertisement and purchased an car from dealer (
Folsom and et. al, 2012). In order to show his seriousness about the car he paid 150 pound to
the dealer which is non-refundable. After purchase the car he went with his family and
realised that its engine is not working and car has two owner rather then one owner. After that
he wants to returned back the car to dealer but dealer refused to accept on the ground that Ben
has signed clause which is provided by the seller in which mentioned that, ' buyer have to
check car before purchasing after seller is not responsible for the same'. According to the
sales of goods act, 1979 there is an implied agreement that seller has to provide better quality
of goods and services to their buyers.
1.2 Statutory provisions which are related to property and possession.
On the basis on sales of goods act, various types of rules and regulation are specified
which have to be fulfil by them which are mentioned under the section 18 to section 25
(Mann and Roberts, 2011). these some provisions are as follows:
Goods must be determined- According to this provision, it has been analysed that
goods must be ascertained other wise it not be transferred to the buyer of goods.

Intention of parties- This factor plays an important role in every contractual
relationship which is created among two or more parties (Spalding, 2011). In the given
scenario the intention of Ben and car dealer are clearly specify in order to comply with the
rules and regulation.
Specific products- In case of unconditional contract which is mentioned a under the
sales of goods act that specific goods must be provided to buyer.
The seller must be comply with all rules and regulations which are related to the
delivery of goods and services. According to the given scenario, car dealer must be provided
related information in respect of deliver of goods and services.
Also, buyer have to check goods after purchasing otherwise there is no responsibility
of seller. In the given scenario Ben has to check car before buying it like engine motor, owner
of car etc.
1.3 Statutory provision on the remedies for seller and buyer in the sales of goods act.
In opinion of the legal advisor in a Citizen's Advise Bureaux, it is stated various types
of remedies for both buyer and seller are as aligned below:
Buyer's remedy-
In case goods and services are not meet with the standard quality or not according to
description which is provided by them so that customer having a right to reject goods (Siedel
and Haapio, 2010). According the given condition Ben having a right to return car.
 Buyers having a right to file case against buyer seller refused to deliver goods
and services on time which is discussed previously. For example; 'A' promises
to 'B' deliver car with 5 days but he refuses to do so. In that 'B' having a right
to file case seller.
 In case of breaches of warranty, then buyer having a right to claim damages.
Seller's remedy-
In case of non-payment of price by the buyer, then seller having a right to file case against
customers (Appleman, Appleman and Holmes, 2015). For example; If A purchased a bike
from B but at the deliver of delivery of goods A refused to pay agreed amount in that case
can sue for the damages.
 At the delivery of goods and services buyer refused to accept goods and
services. Then seller is able to take corrective action against them.

1.4 Product liability legal rules and provision for faulty goods.
Statutory provision which are related to liability of goods are stated in The Consumer
Protection Act (Nichols, 2012). Manufactures are responsible for defective goods. Further,
this is not harm to the personal injury but liable for the damage of property. In order to
proved damages plaintiff have to proved some condition which are as follows:
 The goods and services are faulty.
 It causes loss to buyer.
According the given scenario, Ben is the buyer purchased car from car dealer. When
he went with from this car then he realised that car has two owner and it run more than
18,500 miles the meter is stuck on that. Ben wants to return back to it but dealer may refused
to accept it because he signed the clause which clearly mentioned that buyer have to check
product before purchasing after that there is no responsibility of seller. In case the family of
Ben is injured due to to accident case then Ben is claim for the damages (. Percival,
Schroeder, Miller and Leape, 2013) Product liability rules which are as classified:
Consumer protection act- If customers received defective goods and services then
buyer having a right to sue file suit against seller. But buyers have to required and defective
goods and services.
Contract and tort Claim- According to this claimant, performed goods. In that case
buyer having a right to claim damages to recover process.
TASK 2
2.1 Define direct types of credit agreement.
These can define various types of goods and services which have to be fulfil by both
the parties (DiMatteo, 2010). Consumer credit act is framed by the government in order to
protect the interest of customers. It has been amended by the consumer credit act 2006. This
can be framed for the protect of consumer from any types of fraud and injuries. All the
condition of the agreement must be needs to meet the customer contract. If parties not follow
the customer credit rules then they can enforce credit conformity. The previously planned
credit agreement is must be explained to the borrower.

2.2 The legal rules on termination of right.
The contract is comes in the existence by the parties, or when parties comes in legal
agreement with each other and it is finished when they perform their duties. The customer
having a right to finished agreement by completing their duties. In the given scenario Ben
who is the buyer of car (Snyder and Deaux, 2012). He purchased car from car dealer. So that,
as a buyer he having a right to finished this agreement by making payment of that car.
2.3 General features of agency and differentiate between various types of agent.
Agency is created by two persons name called agent and his principal. They comes in a legal
agreement for a stated purpose. Both the parties have to fulfil their duties which they
previously discussed before comes in a contract (Foss and Knudsen, 2013). Both are comes in
the contractual relationship in which define various types of duties and rights. Some features
of agency are as follows:
 There must be contractual relationship among them.
 Both parties have to fulfil their duties and try to complete them on timely and
efficient manner.
 They have to fulfil their duties and try to enhance their relationship as well.
 Agreement which is created between them has to be in the written form which
is the evidence of their agent and principal relationship.
Some types of agents which are as follows:
General agent- This agent is the principal’s authority for carry out contracts which
they face on behalf of their principals. They are able to handle each and every transaction.
Agent of necessity- This agent is becomes an agent of principals without any express
or implied condition. Further, there is no formal appointment among them. This agent help
the principal in minimise the risk and avoid damages of the principals.
Del credere agent- These types of agents are responsible to undertake the guarantee
the goods. They have to take care of all the transactions which is created by them.
Factor- The basic feature of this agent has the passion on the property of goods before
sale.

Special agent- This agent is only has been appointed for the particular task. Once the
task is complete the agency is terminated and after that there is no relationship among them.
For an example; the polling agent.
2.4Rights and duties of agent.
Agents which are working in the automobile sector are having particular rights and
duties regarding to the products and services for customers and owners. Some of the rights
are here: Right to deduct commission: Agents which are working under the principal are
having a right to deduct amount which has to be paid to the principle after making a business
activity. Right of barrier: Agents are having a right to make a barrier in between the
transaction of products and services if these are moving forward to the principals
or consumers.
Claim against transaction: Agents are having a right to make a claim against to the principal
as per the contract terms of the agency. Right of lien: Agents can use the right of lien but it is
not mentioned in to the contract act that this is a general type of lien or particular type of.
Duties of the agent
Medium: They are having a huge responsibility to being an authorized medium by the
principle to make activities as per the guidance of the principles.
Transparency: The agent is having liability to behave a like an agent and not make a deal with
the customers as a principal.
TASK 3
3.1monopolies and anti competitive practices legislation in the UK.
UK government is highly concern about their local markets and business entities which
are working on the small and large scale business. UK is having a free market economy
which is providing a controlling per to the local markets to determine the prices of the
products and services so they are highly concern about the local marketer’s benefits
(Haselmann, Pistor and Vig, 2010). UK government has made Anti Competitive act which
rules on the foreign companies which are having an interests to start their own business
activities and make profits and revenues. According to this act foreign companies are liable to
pay more tax as compare to the locales which is creating huge impact on the pricing of the

foreign company’s products and services. This act supports to the local business entities to
reduce the competition in between the local and foreign companies.
Monopoly market: UK government has monopoly policy in to the UK to reduce the market
competition in between the companies and as well as it supports to the local people to get
better products and services. UK government has been converted their postal and mailing
system in to the monopoly market which helps to the nation to make better services
in a particular market
3.2 Role of competition commission with in the context of monopolies and anti competitive
practices.
Competition commission is responsible to frame some rules and regulation which are
related to the monopolies and anti competitive practices. This entity is able to frame some
rules and regulation according to the rise competition in UK. Through this competition is not
so increased which is beneficial for domestic companies. This commission is the independent
public body which is able to conduct in depth examination of merger, markets and have to
ensure that maintain healthy competition in UK which is beneficial for customers as well as
for companies. Further, it has a wider power to maintain healthy environment in UK in which
companies are easily able to survive in that.
3.3 Dominant positions within the EU of such businesses.
They plays an important role in the EU market. According to the competition act
government of UK have to frame some rules and regulation which are able to maintain
healthy and effective competition in the market. Competition commission is responsible to
set some rules and policies and restrict overseas companies to enter into the domestic
company. If these companies are not enter in the domestic market then it will be beneficial
for companies which are survive in the domestic market (Fitzgerald and et. al, 2010).
3.4 Exemption of anti competitive practices.
In the case of anti competitive practices the government of UK framed some rules and
regulation and restrict companies which are belongs to domestic company. If overseas
organization are enter into the domestic companies are able to easily survive in the market.

So that, companies have to fulfil their duties and try to consider laws which are framed by
them.
TASK 4
4.1 Different forms of intellectual property rights
Every entrepreneur and business owner has to understand the different intellectual
property rights so that they can save their rights over their property. There are four kinds of
intellectual rights such as:
Copyrights: On the basis of this kind of right, an owner can protect their own work
from other unauthorized users. A person who has copyright on their property, they can create,
distribute and copy the work.
Patents: Patents rights are related to the inventions in the products and services.
Company can offer quality goods to their customers so they can achieve competitive
advantage in the market than their competitors. There are three types of patents utility, design
and plant.
Trademarks: This is the word, phrase that can different the sources of the one
organization from another. Through this, they will be able to achieve the uniqueness in the
market.
Trade secrets: These are related to the formula and process that is used by the
organizations in order to keep the information secure from their competitors. By securing the
data, an enterprise can secure the position in the market.
4.2 Principals which are related to protection of interventions.
The government of UK is responsible to frame some rules and regulation which are
able to protect interventions. Patent rights are imposed on the property or any other specific
terms. These are more closely related to inventions of products and services. These have to be
protected of person which is mentioned under the law.
4.3 Principals related to copyright protection.
Copyright is the right of person which cannot be use by any other person. Through this
people can protect their own from unauthorised use of their image, name etc. These rights are

mentioned under the law which provide security to them through no other is able to use those
rights.
4.4 Similarities and difference between business names and trade mark.
There are some differences between the trade mark and business name. These differences are
based on the image of the company and products that they offered to their customers.
Some of these are:
Business name can be used to identify or distinguish ones company from other competitors.
On the other hand, trade mark is a law or right that is helpful for the company as through
this they can make their image in front of their rivals.
CONCLUSION
On the basis of above report it has been concluded that, in contractual relationship is
created among two parties and both parties have to be fulfil their duties and comply with the
rules and regulations as well. According to the sales of goods act seller is responsible to
provide goods and services according to the description which is provided by buyer at the
time of placing an order for specific products.
REFERENCES
Books and Journals

Folsom, R.H., and et. al, 2012. International business transactions: a problem-oriented
coursebook.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Spalding, A.B., 2011. The Irony of International Business Law: US Progressivism, China’s
New Laissez Faire, and Their Impact in the Developing World.
Siedel, G.J. and Haapio, H., 2010. Using proactive law for competitive advantage. American
Business Law Journal. 47(4). pp.641-686.
Appleman, J.A., Appleman, J. and Holmes, E.M., 2015. Excuses for Nonpayment and
Defenses to Actions for Premiums (Vol. 5). Appleman on Insurance Law and Practice.
Nichols, P.M., 2012. The business case for complying with bribery laws. American Business
Law Journal, 49(2), pp.325-368.
Percival, R.V., Schroeder, C.H., Miller, A.S. and Leape, J.P., 2013. Environmental
regulation: Law, science, and policy. Wolters Kluwer Law & Business.
DiMatteo, L.A., 2010. Strategic contracting: Contract law as a source of competitive
advantage. American Business Law Journal. 47(4). pp.727-794.
Snyder, M. and Deaux, K., 2012. Personality and social psychology. In The Oxford handbook
of personality and social psychology.
Foss, N.J. and Knudsen, C., 2013. Towards a competence theory of the firm (Vol. 2).
Routledge.
Grundfest, J.A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law. The Business Lawyer. pp.361-394.
Haselmann, R., Pistor, K. and Vig, V., 2010. How law affects lending. Review of Financial
Studies. 23(2). pp.549-580.
Fitzgerald, A.M., and et. al, 2011. Internet and e-commerce law, business and policy.
Thomson Reuters (Professional) Australia Ltd.
Chaney, L. and Martin, J., 2013. Intercultural business communication. Pearson Higher Ed.
Ye, Q., Law, R., Gu, B. and Chen, W., 2011. The influence of user-generated content on
traveler behavior: An empirical investigation on the effects of e-word-of-mouth to hotel
online bookings. Computers in Human Behavior. 27(2). pp.634-639.
Bishara, N.D., 2011. Governance and corruption constraints in the Middle East: Overcoming
the business ethics glass ceiling. American Business Law Journal. 48(2). pp.227-283. King,

N.J. and Raja, V.T., 2013. What do they really know about me in the cloud? A comparative
law perspective on protecting privacy and security of sensitive consumer data. American
Business Law Journal. 50(2). pp.413-482.
King, N.J. and Raja, V.T., 2013. What do they really know about me in the cloud? A
comparative law perspective on protecting privacy and security of sensitive consumer
data. American Business Law Journal. 50(2). pp.413-482.