Business Law Sample Assignment

Business Law

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INTRODUCTION
There are very malpractices that are adopted in the business which should be taken in
consideration. Various sellers adopts the wrong practices by providing wrong or faulty goods to
the consumers which is considered as the fraud and does not provide any claim for that also.
There fore certain acts has been introduced by the regulating bodies for controlling these
aspects. The project includes various acts, features of those acts, solutions to the problem which
is faced by the consumers (Frank and Bix, 2017). Also types of intellectual property rights has
been discussed and the rules for implying and conditions for rejected.
TASK 1
1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sales of goods and
supply of services.
There are certain rule and regulations which are implied to the sales of the products and
supply of services. The Sales and supply of Goods act which was implied in 1994 has introduces
various changes in the areas which were earlier covered by the Sale of goods act 1979.
The section 12 in the act of Sales of goods depicts that the there are certain conditions which
should be imposed on the seller regarding the activity of selling of any product. There are many
aspects which are to be added as discussed below
Description:
The description of the goods should be clearly given and should be genuine , no fake
information should be added along with being honest without hiding any details regarding the
goods
Quality
The quality of the products which are to be sold should have some standard which should
satisfy the expectation of every customer (Allen, 2017.). Any product which has been found
faulty within the time span of six months should be considered as defected from the day when it
has been purchased and the seller would be considered as guilty for breaching the aggrievement
with the customer
Fitness
The good must be fit for the purpose for which it has been made. If a product does not
fulfils this aim is regarded as defected and not fit for sale.
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According to the scenario the car which he wants to buy, the seller must provide the full
description of the product which includes how many distance it has covered by his past owner,
what are the possible defects which can arise in coming time period or are there any defects at
present,after which Ben could have taken a right decision in order to buy the car or not. But the
seller provided him a chance to take a test drive which was not at all sufficient to explore the
defects of the car.
1.2 Analyse and Advice Ben on the Statutory provisions on the transfer of property and
possessions.
There are many impacts which are introduced during the activity of passing the
property which can be
Under the contract when the goods which are ascertained are involved then the transfer
of property does not occur. In this case the car is ascertained which means that it can be
transferred to Ben. Property is passed when both the parties agrees. Here after test driving Ben
was in favour of buying the car. The intentions should be very clear , any differences in the
intentions cannot affect he transfer of property. In the contract the seller has the right to dispose
the car until all the conditions are not fulfilled which were the non refundable fees for the
goods. Until both agrees the risk related to the good remains under seller. When the complete
transfer of property occurs then the risk related to it are transferred to buyers and seller is not
responsible for any of that. The contract includes all the provisions for the transfer which are
involved for the successful completion of contract which maintains a good relation between
them.
According to the scenario, Ben will become the complete owner of the car until he would
not pay the entire amount to the seller. Her might can return the3 car under six months of
purchase and also can lead to end the contract and return the car apart from this if the payment is
not paid to the seller, he has the complete right to take away the car from Ben.
1.3 Statutory provisions for remedies for buyers and sellers in sales of goods
For Buyer-
He has the complete right to know all the descriptions which are related to the goods.
Apart from this if any kind of fraud which is conducted can lead to sue the seller on the basis for
misguiding him to buy the product which can be dangerous for him. Buyer can return the product
and even can ask for the compensation and related warrantee or guarantee of the product.
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For seller-
Seller has the right for not transferring the product in the case of not getting the complete
amount of the product. He is the owner of the product until the complete payment of the
product is not done.
1.4.Analyse and advice on product liability legal rules and statutory provision for faulty goods
The product liability is concerned with the complete payment of the product to the seller.
Until the complete payment of the car the buyer is not to be declared as the complete owner and
the seller has the tight to take away the product under this duration. After the complete process if
there are some defects buyer has the right to ask for compensation or even return it within 6
months of purchase or can ask for repair. There are many aspects which are related to the
products liability under certain conditions which are discussed below:
Unpaid Seller
According to the Section 38 in the SOGA 1979 it has been stated that unpaid seller is the
one who has not been paid the complete amount of the good by buyer then the rights for
retaining it is still with the seller as the it is in his possession (Bhatia, 2014). If the buyer
becomes unable to pay the price of the good then seller can stop the transfer and retain the
product. There are also some statutory provisions for faulty goods as in this case the product was
car which was having some defect and harmed one of the family member therefore they were
claiming for this accident. There is a provision for the replacement and repairing of the faulty
goods provided by the seller which are based on some conditions: Under the six month of
deliverer of the good, if it tends to show some defect then the consumer has the full right to ask
for a claim which can be repairing for the same or replacement. These remedies should be
provided without any cost. If the seller fails then he can reduce the price of selling compensating
with the price required for claim. Therefore the family should get claim on time for the
fulfilment of the loss that has been done by the faulty car.
TASK 2
2.1Differentiate between types of credit agreements which Ben as a consumer could use for
buying a car.
There can be many various types of credit agreements that can be used for buying a new
car and these are provided under the Consumer Credit Act 1974 which are as follows:
Credit for restricted use:
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Under this the credit which is provided has the limitations in the use which can be
prevailed by debtor in a way which he prefers.
Credit for unrestricted use:
It is that type of agreement which is not include in the section of this act. The credit
which is provided has no limit.
Agreements between debtor and creditor:
This is not made under any arrangements which were already existed between both. Only
debtor has the idea regarding the credit which will be used for financing a transaction between
him and supplier (Burnham, 2016.).
2.2 Analyse the legal rule on termination tights and default notices for Ben as a consumer in this
case he has problems in future paying the debts as required
Ben as a consumer can terminate his credit agreements and termination which are given
to him. He can terminate this agreement before signing or within 15 days. But its requires that
Ben should provide prior information to the lender regarding the cancelling of the agreements.
The information notice is given in written from. The lender should send arrears notice to Ben as
a default notice which should include FCA information sheet. These default notices would
provide information regarding what are the procedures and things and the consequences related
to non payment of the price. The lender will be providing a notice regarding any charges which
he wants to add because of any reasons. If he is providing incorrect data then Ben cannot be sued
for the non fulfilment of payment. He can also seek help from Citizens Advice Bureau on the
credit agreement for free advices related to these kind of issues.
2.3Analyse the general features of Agency and differentiate between the different types of
agents.
In the agency there is a person who works and acts like another individual as he performs
all the duties on his behalf, this person is known as agents. Agency is regarded as an organisation
which provides various assistance to the buyers for providing them many choices for the
products which they cannot avail due to many reasons. The features of agencies are discussed
below:
Agency can be created by agreement
Agencies are generally made on the basis of agreements. Majorly agencies are made on
this concept only. But for the contract there should be presence of three main principles which
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can be consideration, terms that should be in written for and the capacity for contracting (DAILY
and et.al., 2014).
Agencies created by operation of law
In a general term contracts which are also created by parties itself but also there can be
implication of various agencies. These types of agencies are constructed under the presence of
virtual regulation body that provides the direction for controlling all the operations an functions
which are conducted in an organisation
Implied agencies
In certain areas there is a requirement for the social needs, there the court provides certain
agencies for regulations. If there are no mutual agreements between two parties then the agency
for relationship came in to action which is known as implicated by ' the operation of law'.
Apparent Agencies
In this the last of the particular agency relationship which is not provided to the
authorities, then these authorities also have the assumption that agency is to be apparent.
An agent is known as the person who performs certain acts on the behalf of other
individual who has provided some authority to the agent. All the activities which requires human
presence is done by the agent
General Agents
He is given many authority and can perform a high range of various transaction on the
behalf of principals. Principals are those individuals who are the head of agencies.
Special Agents
Their power is limited as he is mostly appointed to perform specific work only. They are
generally appointed for the accomplishment of special objectives. They are not regarded as the
permanent employees.
P2.4 Evaluate the rights and duties of an agent to assist Ben under his position once he becomes
an agent himself
The duties of agents are discussed below:
Agent has to act obedient with the proper following of all the rules and regulations
along with legal instructions. He has to perform his work through skills and complete care and
should provide quality services to the customers in order to satisfy their needs. When he is
provided the duty then he must take care of every aspect before meeting to any customer such as
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reviewing of all the samples which are require to show and checking whether they are meeting
the requirements or not. He should be loyal to the principal and he cannot compromise with the
interest of principal . He should handle every circumstances with great responsibility.
Rights of an agent are discussed below:
Every agent has the right for getting remuneration in the form of salary or wages and if
he is considered as an independent professionals. The agent has complete right to get
indemnified by his principle for any loss, expenses and liability (Picciotto, 2017). He has the
right of lien which can be used to retain the goods of the principal up to when his payment for
the debt is not fulfilled by principle. If any dispute between parties and the agents who have
already entered into the contract on the behalf of principal, then the agent can make him out of
this and the agency and the third party can sue each other for any issue which has been
generated.
TASK 3
3.1 Outline and explain the monopolies and anti- competitive practice legislation in UK
There are several acts which are introduced by UK for preventing anti- competition
practice which are discussed below:
The Competition act 1998
It helps to regulate the ways which are illegal from which the company tries to make
particular market to be monopolised. Therefore there are certain prohibitions for every firm such
as not to operate cartels, not to use abusive behaviour for the dominant position, not to fix any
prices or terms in the market research that can create damage for others.
The Enterprise Act 2002
This act keep a check on the following aspects such as the in case of mergers whether
they are occurred independently or due to any political pressure. The use of cartels have been
made a criminal offence and rules regarding that are made very tough. It also keeps a check on
disqualifying the directors of the company if they tends to breach any rule.
Enterprise and Regulatory Act 2013
This act has established the intelligence for the Competitions and Market, also other
authorities. It is a combination of competition and protection of consumers , also the functions
performed by Office of fair Trading.
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3.2 Explain the role of competition commission within the context of monopolies and anti
competitive practices
The competition and Market Authority is the regulator of the competitor which makes
sure that the competitions are conducted on the fair grounds while combining the elements of
Office of Fair Trading and the Competition Commission. The functions of them are
Policy for Mergers:
Substantial minimising of Competitor:
It means that mergers which are happening will be assessed on certain basis which
means whether there can be a substantial lessening of the competition which has some
description regarding the loss of potential the competitive in a market due to this merger. There
are three sub categories which the merger can effect in the result of lessening the competition
Unilateral Effects
These effects are created when a single firm tends to raise the prices in such a way that it
creates profit which can lessen the competition and can remove the competitors from market.
Co-ordinated Effects
This is a situation where many firms together decides to increase the prices of goods and
services jointly (Bradner and Contreras, 2017).
Vertical Effect
The vertical integration can give rise to a kind of merger where firms which are merged
can impose the power on a market.
3.3 Define Dominant Position within EU common market giving examples of such businesses.
The dominant positions which can be defined in the European Union Treaty defines that “
any kind of abuse that is performed by single or many undertakings of this position in a market
which is common or in the defined part of it which shall be prohibited because it is considered as
incompatible with the common markets it can create many effect on the trade also between
member states of EU. For the article 82 of EU which can be also applicable by fulfilling four
requirements which are one or many undertaking can be considered as the dominant position,
and secondly which shall be there in a common market, thirdly there should be abuse for a
position and that abuse should affect these trade between various states (Chowdhury and
BorChetia, 2016). For an Example EU has imposed much higher fines on AKZO chemie,
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chemical branch of Dutch Multinational Group as it has exploited the dominant position for the
o peroxide market by making efforts for eliminating other micro competitors.
3.4 Consider and discuss instances when under EU law, exemptions will be made for potentially
anti competitive practices.
The commission that is made to regulate this competition has made some exemptions for
certain agreements which are occurred between undertaking several exemption given in the
treaty of Rome, that are given when the agreements have important benefits , which is provided
through applying the 'block exemptions' that can be related to various categories of contracts
which are make for certain sectors . European Commission has the right to issue exemptions
which requires for getting notified for providing a clearance. If the agreement is not notified
early then it is investigated and prosecuted under this Treaty's Provisions.
Individualistic Exemptions
There is an requirement of two positive and negative conditions which are to be granted.
The positive conditions can be contributing to the improvement of the aspects such as production
and distribution of various products or promoting technical and economic progress.
Negative Exemptions can be not imposing restrictions on companies that are not
following the objectives which are listed. Not allowing the competition to rise for possible
elimination of competitors
TASK 4
4.1 Identify and explain the different forms of intellectual property rights.
Different kinds of IPR are discussed below:
Patents
Patents provides protection for the inventions which are newly invented , it helps to
protect several features and other processes that can make the things to work. This provide helps
to inventors in earning profit from their discoveries.
Trade Marks
It is a sign which helps to differentiate various goods and services of an organisation
from other one. It can be anything such as logos, words or a combination for both. These had to
be registered at the Intellectual Property Office.
Copyright
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The copyright helps to protect the literary work such as novels, manuals, songs and other
dramatic works like dance, recordings, artistic works, musical works, broadcasting a network
(Branstetter, 2017).
4.2 Outline the principles relating to the protection of inventions through patent rights and legal
rules preventing their infringements
There can be many principles which are used for their protection of inventions through
patent rights and legals rules such as taking legal actions which are very necessary to restrict
people from using copy methods for various activities. They are punishable offensives which
has to be improved. Patent infringement means processing using selling and importing
particular patented product and process by not taking the permission of the owner in a lawful
manner. There can be certain defences to this which are , one can challenge the patent rights of
the objects if they are copied from certain firms (Branstetter, 2017).. The patented objects cannot
be taken or adopted by any one.
4.3 Describe the principles relating to copy right protection and the legal rules preventing their
infringement
There can be many benefits such as patent rights can include the procedures of taking
actions which are legal so that the person can be restricted from creating any kind of prohibited
activity such as copying, manufacturing, importing and selling the individual's patent without
the permission. These law provides the one to have the right fro taking legal actions which can
be considered under the civil laws which can result in in exploitation of the invention.
The patent provides the many rights to the individual such as
 Regarding the selling of the intellectual property right and the invention
 To generate the license for the invention
 For discussing the inventions among others so that he can expand his business through
this.
 The benefit is also provided to public as it tales eighteen months for publishing.
The infringement of the copyrights can be defined as the copying up the larger amount of
the work without the permission of the owner which is an punishable offense. When the
copyrights get infringed then he can repair the damage by implementing injunctions which can
be orders for restraining the displaying, copying and broadcasting of work.
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4..4 Compare and protect the contrast of trademarks and business names giving practical
examples
There is lots of difference between the protection which is given to the business and a
particular trademark. The laws for company sad trademarks are completely different. A firm can
have different names in business and firm name.
A firm will not be accepted for implying trade mark if it does not fulfils the following criteria
which are its distinctiveness, being a word which is descriptive, word indicating any
geographical origin, or being already registered for trademarks.
A trademark cannot be registered as the organisation's name if it is similar to any of the
other, or is already registered, which may be illegal in nature or can shows some connection with
the government (What are intellectual property rights?.2018.).
CONCLUSION
It has been concluded that the sales of goods and services act provides certain conditions
which are necessary to be fulfilled by the seller in order to protect consumers from fraud. Also
there are many conditions on which the transfer of property is conducted otherwise it might not.
Also restricting the services of credit agreements has been discussed which includes the role of
both lender and the debtor so that the agreement can be finished on the peaceful basis. Also
various copyright infringements has been discussed along with the conditions for applying the
trademarks and also the difference between business and trademarks.
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