Tourism Law in Cambodia, Laos & Vietnam

This assignment delves into the field of tourism law in Cambodia, Laos, and Vietnam. It analyzes the practical application, theoretical underpinnings, and existing issues surrounding tourist destination governance. The focus is on understanding how legal frameworks shape the tourism industry in these Southeast Asian countries.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
1.1 Legal Laws related to transactions of products and services...........................................3
1.2 Analysis regarding Sale of goods act and transfer of property.......................................4
1.3 Evaluate buyer and seller remedies .................................................................................5
1.4 Analysis and suggestion regarding rules and statutory provision....................................5
TASK 2............................................................................................................................................6
2.1 Variation between types of credit agreement used by Ben..............................................6
2.2 Analysed rules regarding terminal rights and other default notice. .................................7
2.3 Analyse the features of Agency and differentiate types of agents...................................7
2.4 Evaluate the rights and duties of agent.............................................................................8
TASK 3............................................................................................................................................9
3.1 Covered in PPT.................................................................................................................9
TASK 4............................................................................................................................................9
4.1 Types of Intellectual property right..................................................................................9
4.2 Principles related to protection of inventions...................................................................9
4.3 principle of copy right protection and various rule to prevent infringement.................10
4.4 Compare the trademark protection and business ..........................................................11
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
The project assignment is all about explaining Business law. It is also known as
commercial law which is body of law are applied to abstraction, rights and the code of conduct
of person other operations engaged in commerce ,trade and sales. It mostly consider to be the
branch of civil that deals with private and public affairs. This case study deals with Ben who
wants to buy a new car because the old one is no providing better service and it to costly in
repairs (Mann and Roberts,2011). One new cars names Blue New Model Passat 1.8 was
purchase by him which 2 year old and under the budget. After using for 5 days he found that car
was not appropriate his performance was no so good as explained ,but the owner has made a
clause while selling that car he is not responsible for the description about the car mentioned
while selling. So to over come this situation he is going to take same legal actions by taking
advise from the Citizens Advise Bureaux.
TASK 1
1.1 Legal Laws related to transactions of products and services
The sale and Supply of goods Act 1994 has take initiation related to many alteration in
different different areas areas which comes under sale of goods act 1979. The act says that every
products should be of best and satisfactory quality (Page and Katz, 2010). Under section (1) is
made with certain changes which has been forced on 12 April 2017. As per Section “2” the seller
of products in the course of the trading transaction it is states that products are transacted under
contract must be fair.
Indirect items related to transaction of item-
In a arrangement which includes copulation with the transaction of items here is some
words which is categorized as the implied.
Indirect concept are against to direct terms and they are not definite. Indirect terms in in
terms of sale of goods are :
1. Name : It reveal the rights of seller what ever seller can sell the goods or not. It is
termed as the condition under section 12(1),12(2)a.
2. Description : It Refers to the goods consistence as per confession. Products can be state
in relation with trademarks, brand, label and logos under section 13(1).

3. sample : As per section 15 and 15(2), products or services that are going to sold to the
consumers should not have any omission. The bulk will be considered to sample quality
(Regan Jr and Heenan, 2010).
4. Strength : It should be ensured that quality of products should be good quality and if the
hopes are being fulfilled by products , then value, another characteristics and value
should be included under section 14.
Indirect concepts in terms with the supply of service :
Delivery of services and products are defined by Supply of Goods and Services Act
1982.
 Section 12 says that agreements of position should be excluded and agreement for the
service supply should be included (Drobnig, 2010). There is no need to consider amount.
 Section 13 says that supplier acts in the business course where services are taken out with
reasonable skill and care.
1.2 Analysis regarding Sale of goods act and transfer of property
The sale of Goods Act includes the various laws regarding the relation with the transfer
of property which is covered under section 18 to 25. By taking the help from this section and act
we have made certain provision regarding Ben situation : under the section 3,59,107 and123 of
transfer of property act 1882. “Any person convey property in current ,past or future to one
or more living person is come under this act”.
 seller should implement important things with relation to the goods delivery and that
must be inform to the buyer.
 Regarding the sale of specific goods which is undeliverable situation under section (20),
the goods passed to buyer at the time of contract (Singer, 2011).
 Intention of party must be clear about the sale of particular goods.
 Goods should be quantified, tried and weighed by the seller in order to deliver them and
if he does not do so that or does not inform buyer then ownership will not get passed
away.
 Section 23 says that in the agreement, products are being delivered to purchaser by the
seller for the transmission purpose and does not reserve disposal right, he has
unconditionally appropriated goods to contract.
 Property owner get passed to purchaser on his approval.

1.3 Evaluate buyer and seller remedies
Buyer's rights in case of fraud :
 If the products are not according to the specification then buyer have right not to
accept it or accept according to the agreement and reject rest of them. (Beebe,
2010).
 If the products are not get delivered on time by the seller or delay to do so then
the actions can be taken by purchaser in regards with late delivery and non-
delivery.
 When there is warranty breach, contract cannot be rejected by buyer but he may
ask the seller regarding inactivity or augmentation of price and can take decisions
in against of seller.
Seller right-
When the buyer breach a sale contract under Article (2) it allows various seller remedies
depend upon the circumstance:
 he have the right to cancel the contract (Paterson, 2011).
 The right to withhold the goods and not deliver it to buyer.
 Option available for reclaim.
 Resale the goods and cover damage amount.
 Based on market price recovery amount would be decided.
1.4 Analysis and suggestion regarding rules and statutory provision
In the situation of Ben, when there is an accident because of the damaged car which he
received from seller, here is various provisions in respect to the responsibility of the product
which are in the statutory law i.e. Consumer Protection Act 1987, Tort law and contract law.
 Claim under consumer protection Act 1987 : Ben family found himself in a situation
by taking the faulty car but according to this act he can sue supplier with strict liability
and fine. Ben need not to show any kind of breach of contract and negotiation. The
liability can also be reduce by the defender if prove that condition of car was discover
defect in product (MacQueen, 2011).
 Tort Law Claim : A tort fairly causes to someone who suffer loss sequent in legal
liabilities for a seller who commits the tortious act. Under this act crime can be due to

negligence which does not amount to criminal offence. The harm should be reasonably
foreseeable. There must be proximity between both parties.
 Contact laws : The contract regarding the product supply is in question, the applicant
will be able to recover the cost regarding the renew of defective product if the product
delivery was a breach by defendant of written agreement responsibility is to deliver
defect free product (Jarvis, 2011).
TASK 2
2.1 Variation between types of credit agreement used by Ben
There are various credit agreements which may be used by the Ben according to the
Consumer Credit Act 1974 which is amended under consumer credit act 2006. under these
agreement consumer take loan from the institute or parties and repay it after a certain time. There
are various types of credit which are available to Ben at the time of making payment to the
supplier :
Hire purchase : this contract is arise when customer takes ownership of assets.
Conditional sale : If he has used this he has to purchase car at the need of contract
(Folsom and et. al., 2012).
Bank loan : Ben had the opportunities of taking bank loan as personal , overdraft or car
loan.
Credit card : It is the facilities available to Ben under this he had to get car on credit as
cash advance credit.
Shop budget account : under this big shops provide credit facility to the Ben as user.
But they have to pay charges and also they can do expenses to specified limit (Carroll and
Buchholtz, 2014).
Debtor-Creditor Agreement : This type of restricted credit agreement which is there in
section 11(1).It is not created by creditor under the already existing arrangement, or in regards
with future contract among himself and seller.
2.2 Analysed rules regarding terminal rights and other default notice.
Termination means cessation of employment (Majda, 2012). In UK ,there are a law
which name is hire purchase agreement. In this agreement ,creditors will be assumed as owner of

products or services till that time when debtors will not pay the whole amount to the creditors.
Termination right which Ben as a debtors has problems while paying the debts:
 In these circumstances both the parties terminated the credit agreement before the time
period.
 Under section 94-97 says that early settlement can be made by debtor (Greenleaf, 2013).
 Under section 98-101 deals with termination of goods by debtor . If not as per the
agreement.
 It arises when creditor recover the goods because of default of damage has been done by
debtor.
Default by the Ben
 The supplier has to send default notice if default,fraud or breach of contract is made by
the buyer (Simpson, 2012).
 They breach the contract and asked for making early payment.
 The ownership of car is recovered.
 By enforcing of the security.
 The right of Ben are terminated.
 If he want the time for future action only 7 days are allowed. According to sec. 91 ,if
creditors does not do so then he have to face severe consequences like he have to pay all
money to the debtors that are given by him etc.
2.3 Analyse the features of Agency and differentiate types of agents
Agency : under the Agency there are two parties that principal and agents they have
relationship under which they entered into a agreement on behalf to third party (Semone and et.
al., 2011).
General features are :
 Both the parties are said to be principal and agent those are included into the contract
without taking any consideration.
 The relationship between agent and principal is not based on contract relationship.
 It help to save time and cost of various resource to the principal.
 Implementation based on practise of trade or custom (Scheer, 2012).
Different types of agents :
1. Estate Agent : the work of this agent is to deal on behalf of owner as real property.

2. Brokers : It is said to be an individual who involve in arranger transactions among
different buyer and seller an charge a certain amount of commission regarding this deal.
3. Auctioneers : Under this property or assets is deal as both real and tangible. The main
role of an auctioner is to buy and sell products and services through offering them high an
d low prices. In this people bids for taking the goods and who will bid higher then goods
will be of that person (Cain, McKeon and Solomon, 2017).
4. Commission agent : They are those individual who are inlvove in transacts business on
commission on behalf of principal from outside states and country.
5. Banks as financial institutions : The most Client agent are work for Bank.
2.4 Evaluate the rights and duties of agent
There are certain rights and duties of an agent :
Right :
 Agents has the right to subtract the amount which are due to him by principal .
 In case of agents is personally liable, he has the right to halt the product in transmission.
(Cooke, 2011) .
 Right to claim remuneration.
 Right to indemnity that is get operated among principal and agent.
 It is an important right agent of lien but contract act that has not specified to know about
generla or particular lien.
Duties :
 It is said to be that act on interest of and be capable to control of the principal ( Karhunen
and Ledyaeva, 2012).
 These types of act within the scope of dominance or power envoy by the principal.
 Emission of other person duties with copulation to proper care and determination.
 An agent has duties to avoid conflict among his or her personal interest those are related
with the business.

TASK 3
3.1 Covered in PPT.
TASK 4
4.1 Types of Intellectual property right
Intellectual property rights : It said to be the perception of cognition I.e. creativity,
creator work, sign, name and picture used at various fields. It is generally categorised as non
physical assets that is goods of original establishment (Portillo and Block, 2012). It protests a
content-creator interest as his idea by assigning legal rights to those ideas. Some of the IPR are
as follows:
Patent: It refers as right to protects an invention. It provide the holder and exclusive right to
protects other from selling,making and using the invention a particular period of time.
Copyright : It can help to protect the expression of literate or artistic work. It is said to be
exclusive legal rights that provide an originator for a definit period of time to print, perform and
record artistic material related to music and other parts. The holder have right to control
reproduction or adaption.
Trademark : It refer to a sign ,design ,symbol and logo which is used as separating the products
and services of one business with the other. They are mostly associated to the brand.
IPO : It stands for intellectual property office (Elsaman and Eldakak, 2012). It is official UK
regulatory body which is responsible for the IP(intellectual property) rights that are linked with
the patent,design,trademark and copyrights. It is executive body that is sponsored by department
for business and industrial strategy.
4.2 Principles related to protection of inventions
Intellectual property is said to be the most creative activity of intellect for which a
monopoly is allotted to selected owners by law it is the right which are granted to the creator of
IP that followed with appropriate jurisdictions those are followed as – it is not intended to decide
to be definite list of all intellectual property principles.
For the protection of patent right inventions it must contains :
 New idea
 It involve an introductory steps and
 capable of industrial application (Akowuah and et. al., 2012) .

 Some of the legal issues can not arise automatically.
In order to make most out of the rights which are related with various policies and
procedure that are use to protect such right. The factors those are related with trademark,
copyright and patent that are used to protect individual as well as the organisation from other
competitors those are dealing with particular customers. These are highly protected and have no
any other customers has the right to copy those right.
Copyright protections: It allows you to protect the material and assets and prevent other
from reuse without your permission (Hecker, 2011). These right arise automatically while
creation of work. The number of year for protection to copyright may varies ,depend on type of
work.
Trademark : By registering the trademarks gives the owner right to use his own marks
and logos for the goods and services that are cover in UK. If you registered it competitor are not
able to use your trademark without your permission.
4.3 principle of copy right protection and various rule to prevent infringement
Recently, developed and published digital principles that are involved in providing
protection of many new technology while creating,consuming contents.
 Creators and produce of work receive protection compensation for their valuable
contribution for economic and other development.
 It help to reflect an suited balance between right of owner and interest of consumer.
 It shall be regularly viewed and updated to new technology and user.
 Licensing should be streamlined in appropriate manner which is easy and effective in use.
 The general public should be educated about the use and protection of copyright (Furr
and Furr, 2013).
Legal actions to protect infringement :
Copyright infringement should be costly,and criminal offence. Under the act of digital
copyright such signal or encryption technology is come under criminal offense.
 The best way to avoid this is simply obtain rights from the author before using opinion or
facts.
 Avoid using large segment of expression verbatim this could be come under copyright
infringement (Copyright,2017).

 If it has been infringed, the owner can sue the person in federal court by seeking taking
future violation of copyright.
 The owner may have the option to recover the actual damage that are lost plus infringer
gains from the use of rights.
 The set amount would be $200 to $150000 based on various factors that court decide
including infringement was intentional done.
4.4 Compare the trademark protection and business
Trademark is the symbol, logo which is separates the goods and the services of one
business to the another. while the business is name which is used for running out the business.
 It can be registered through the IPO. It includes any logos, and symbol or combination of
both. Business name need not to be register but if any individual wants to use the
business that he is not owned need to be registered first (Gong and Janssen, 2012).
 Trademark is only for the period of one year from the date of registration while the
business name has no such kind of limit.
 The trademark can be an individual organisation while business name is a concept which
indicates the comparison between two other businesses (Jayaraman, and
Shivakumar,2013)..
 Company is need to registered trademark with appropriate registrar while registration of
trademark is compulsory for the business concern .
Examples : The symbol of McDonald golden arch is the best example of trademark.
CONCLUSION
From the above project report tit has been concluded that business law are the major rule
and regulation that every concern authority whether related to any business should followed. All
the legal right and code of conduct associated with persons individual right are explained under
this project. Laws related to overcome buyer and seller problem are discuses in proper manner. It
mostly consider to be the branch of civil that deals with private and public affairs. Under this
project a case study about the legal rules that are related with the protection of intellectual
property right.
REFERENCES
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Online
Copyright,2017. [Online]. Available through; <http://www.bbc.co.uk/copyrightaware/what-is>.
Accessed on 20th May 2017.