Commercial Law Research and Analysis
Added on 2020-01-28
17 Pages5867 Words123 Views
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BUSINESS LAW1
Table of contentsIntroduction......................................................................................................................................3Task 1...............................................................................................................................................3a) Application of legal rules on the supply of services and sale of goods (AC1.1).........................3b) Application of the statutory provisions on possession and property transfer (AC 1.2)..............4c) Evaluation of provisions on remedies of seller’s and buyer’s (AC 1.3)......................................4d) Application of provisional liabilities on products (AC1.4).........................................................5e) Application of notices, rules and termination rights in a particular case (AC 2.2).....................6Task 2...............................................................................................................................................7a) Different credit agreements (AC 2.1)..........................................................................................7b) Different types of agent (AC 2.3)................................................................................................7c) Evaluation of duties and rights on an agent (AC 2.4).................................................................8d) Outline of anti-competitive practices and monopolies in the legislation of UK (AC3.1)...........9e) Explanation of the role of competition commission in the context of anti-competitive practicesand monopolies (AC3.2)................................................................................................................10f) Definition of dominant position in the EU common market (AC 3.3)......................................10g) Application to anti-competitive practices on EU exemptions (AC 3.4)....................................11h) Identification of different intellectual properties and their examples (AC 4.1)........................12i) Comparison and contrast of business names and trademarks (AC 4.4).....................................12Task 3.............................................................................................................................................13a) Principle outline advice towards protection of inventions through infringement and patentrights to James and Tony (AC 4.2)................................................................................................13b) Description of advice towards the infringement and the copyright protection principles toJames and Tony (AC 4.3)..............................................................................................................13Conclusion.....................................................................................................................................14Bibliography..................................................................................................................................152
Introduction A business law in created for the purpose of handling and managing the several actions involvedin a business. It is applicable to the relations, rights and the conduct of people as well asbusinesses which are involved in merchandise, commerce, sales, and trade. It can be consideredas a civil law which covers the issues of the private as well as the public law. In this study, theseveral aspects of these laws will be studied in details and their applications will be seen indifferent cases. A detailed study will be done to get a clear idea of application of statutoryprovisions on the sale and purchase of the goods as well as product liability. In addition to this,the different types of business agents and their roles and authorities will also be studied. Theapplications of the regulations will be done in the case scenarios. Task 1 a) Application of legal rules on the supply of services and sale of goods(AC1.1)According to Yusoff et al. (2016, p.1400) the Consumer Rights Act 2015, the buyer has the rightto get the exact product as it is described while making the contract of purchasing. Perry (2016,p. 27) opined that the product must be of satisfactory quality when delivered and it has to fit thepurpose of buying. In case 1, the implied term (S.12) have not been followed as it says that nodamaged good can be sold or delivered to a buyer. The hair dryer, a second-hand one which wasdelivered to Mrs.Smith's address broke on the delivering process, which was a sheer fault of thedelivery man. Even the (S.13) implied term says that the same good described will be deliveredwhich was not maintained but the additional S.14 term was implied well as it was delivered ontime. Other than the additional s.14 term none of the conditions were maintained. In case 2, evenall the implied terms were processed properly just the additional terms like the S.14 weremaintained to deliver in time but the service after the delivery of goods and half refundedpayment was done, since the carpet was not laid, which was as per their norms. The sale ofgoods amendment act was not followed in case 3 because the straighter caught fire just the nextday of its delivery and it became completely useless.3
b) Application of the statutory provisions on possession and property transfer(AC 1.2)In all the cases, Mrs. Smith has suffered from the statutory provisions. The contract of sale ofthe goods and the property in the goods was not maintained in case 1, as the dryer was brokenduring movement of the delivery man in such condition, Mrs. Smith can ask for the completerefund from the buyer or the courier service. Mrs. Smith according to section 29 of S2 can easilyclaim that the purchased product was delivered to the correct address but was left unattended andinformed which lead to its theft. It also goes under the section of 35(1) where the buyer claimsnot to have received the product in spite of full payment the terms and contract of sale have beenbroken. In the case 2, the S28 where the delivery and payment is concurrent but the deliveryproduct was left aside not attended. In case 3, the sale of goods act amendment can be filed as afault in the product which is the hair straightener that has manufacturing dispute and just on thefirst day of use the product has heating issues and catches fire and becomes useless and the actsays that if within minimum six months there is any fault in the product purchased then theproduct will be treated as a defective item at the time of purchase and the vendor becomes breachof their contractual and statutory obligations and Mrs. Smith is protected by the consumer rightsforum.c) Evaluation of provisions on remedies of seller’s and buyer’s (AC 1.3)Duncan et al. (2016, p.13) said that the UK government is providing a range of remedies forprotecting the consumers from any kind of unlawful activities. According to the Sales and GoodsAct, the buyers can get remedies for receiving faulty products and they can complain to theconsumer forum for these kinds of illegal acts. As per the case 1, it has been understood thecontract was breached as the seller failed to deliver the product in satisfactory condition. In suchcondition, she can claim compensation. However, under certain circumstances of damage, thecustomer cannot claim for refund in this case the accident is one of them so Mrs. Smith cannotopt for refundment in this case though the summary of remedy and rights claim that on the timeof sale only if the first discovery of the broken item she can lodge a complaint. Consumers aregiven more priority than the manufacturing businesses because the former are buying productsfor their need and is no way related to purposes in trade. There are possible contracts in business4
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