Business Law and Ethical Practices

This assignment delves into the crucial aspects of business law, emphasizing a merchant's responsibility to provide quality products and services. It highlights the significance of complying with government regulations to protect consumer rights and the importance of safeguarding intellectual property through copyright, patents, or trademarks.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
1.1 Advise to mount on the legal implicit terms associated with sales of products act..............3
1.2 Statutory provision on the transfer of property.....................................................................3
1.3 Remedies of buyer's and seller's in sales of goods act..........................................................4
1.4 Statutory provision on patron and vendor.............................................................................4
TASK 2............................................................................................................................................5
2.1 Different form of credit agreement.......................................................................................5
2.2 Rules on termination of rights...............................................................................................5
2.3 various sort of agent..............................................................................................................6
2.4 Rights and duties of agents and principals............................................................................7
TASK 3............................................................................................................................................7
3.1 Monopolies and anti competitive legislation in UK.............................................................7
3.2 Competition commission with the context of monopolies and anti-competitive..................8
3.3 Dominant position inside the EU market..............................................................................8
3.4 State of affairs in which exemption is render to them..........................................................9
TASK 4............................................................................................................................................9
4.1 Assorted norms of intellectual property................................................................................9
4.2 Principals which are related to the protection of interventions...........................................10
4.3 Principals that associated with protection of copyrights and legal rule for forestall
infringement..............................................................................................................................10
4.4 Compare and distinction among protection and emblems and business name...................11
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12
.......................................................................................................................................................12

INTRODUCTION
Today every business organisation needs to obey every single rule to continue its
business in the long term. Business law includes transaction and trade sales. There are two
parties in the business law in which the first is principal party which are bound by a legal
agreement. The agreement is completed according to terms and condition implied by law which
must be obeyed by all parties involved. Some major acts in business law are Sales of goods act,
transferring of goods act. The possession of the goods involved in agreement is passed to the
buyer after the whole payment according to provision in law.
TASK 1
1.1 Sale of goods and supply of services and its legal implicit terms
According to the sale of goods act 1982, this act states that when sellers are transferring
any property to buyer, then it is their responsibility to state all description about products and
services. Along with this where exchange of money take place is also considered here.
According to the section 2(1) parties can make a contract to transfer tangible assets with
described terms and amount to make a proper clear condition. One of these term is the condition
and warranties under section 11 of the product like car in the case. Another implied term in the
act is if the product is not according to the description, it might be considered as breach
according to the section 13 of business law. As per the section 12(1). It is the responsibility on
the account of car seller company that it delivers the fit product to the Ben. But then car stopped
after the delivery due to damage in the engine. So it could be considered as the breach of contract
and it is seller liability to bear that damage. The injury to the family member of Ben during
driving in car, is also an implied responsibility of car seller company. Thus there are many
implied term and condition which are not mentioned in a written note in contract but they are
applied by the law.
There are few certain terms and conditions which are implied at the time of selling the
product of customers. As it is implied on both parties.
Title: At the time of transferring the products from seller to owner, then it is implied that
title of goods also transferred with that. After purchasing the products, if any damage has been
occurred while using the products, then seller is not liable for that to compensate loss amount.

Sale of description about the products: As it is responsibility of seller that proper
description about products should be given to customers. As it includes features, quality, size and
many more. After selling the product any defect is there, then seller is having liability to
reimburse loss amount to buyer.
1.2 The transfer of property according to statuary provision
Statutory provisions are arranged according to the law of property act 1925 which helps in
understanding the rules and regulation related to the transfer of the property while sales.
According to the section 16, the goods cannot be transfer if the goods are uncertain in nature and
condition. According to the section 18 of this act, the goods will not be passed of anything done
before it is complete. Section 20 has the provision related to the transfer of the property is that
when the goods are transferred to the buyer then the all risks are also transferred to the buyer if
no hidden information in contract.
Ben has to considered below mention provision at the time of purchasing car from the
dealer so that he protects his rights or compensate the loss, if occurred.
Intention of parties – At the time of forming contract, an intention of both the parties
must be clear. As it will become easy for them to know about that other is interested in selling or
purchasing the property or not. In given case study, it properly defined that Ben is serious to
purchase the car from the dealer.
Transfer of ownership – When sale took place between parties, then along with that all
rights regarding the property are transferred to buyer. Apart from that, if any risk is associated
with that, then risk is also transferred while selling the products.
1.3 Sales of goods act and buyers remedy and seller remedy
Remedies of seller compared to buyers:
Pricing suit- In step of sales of products act, patron is accountable to transfer quantity of
the products that merchant transfers the goods to them. If he does not do it, then merchant
encompasses the right to make complaint against him. Below the agreement, patron is
accountable to give price on the sure date however if he refuses to pay thereon same day,
merchant will sue them. If patron neglect or refuses to pay value then merchant will demand for
value (Crane, and Matten, 2016).
Unacceptable product due to damage - According to the provision of law, if the
product is damaged, it will not be accepted by buyer. On the other hand, if the broken product is

not accepted by seller then, the buyer has the right to receive compensation. Thus this provision
provides remedy to both seller and buyer.
Apart from that seller is having authority to resale the good if they are of perishable in
nature. As it will give advantage to them in generating revenue from that. But if any damage has
been incurred to buyer, then they are not liable for recompensing them.
Patrons remedies against seller:
Non delivery in damage condition- According to the act of law, if merchant ignore or
refuse to pass the product to merchandise then patron has a right to make a complaint against
merchant for damages of non-delivery. If as a result of non-delivery patron suffers with lack of
payment, then he encompasses the right to make claim.
Breach of warrantee-When any party breaks any rule related to warranty then they will
be sued by any of them.
1.4 Patron and vendor and Statutory provision on them
Product with defect- The goods those that aren't fit the consumption of merchandise and
services. It is a provision in law which includes makers are accountable for any harm within the
product. If litigant desires to make compliant of them, after which he has to be compelled to
prove the subsequent factors:
 Any defective product.
 Harm that is caused due to negligence to the litigant owing to damages and quantity that
litigator is liable.
 litigator is truly liable for the harm or damages.
As per the protection act of buyer, 1987, that is explicit that litigant needs to prove that
vendor is truly chargeable in situation of breach (DiMatteo, 2010). The judiciary is additionally
chargeable for taking effective inclination associated with imperfection of merchandise and
services and obligatory penalty that is chargeable for it. Judiciary or court has been making sure
that the one that is guilty for damages should pay quantity that is obligatory on them. If vendor is
truly chargeable for the act, then he might have to be liable to pay for damages to patron. On the
premise of act there has been varied of specific duties that have to be compelled to be fulfilled by
all involved parties and if they are proved to be guilty, they have to be compelled to pay damage
(Folsom and et. al 2012).

TASK 2
2.1 Different form of credit agreement.
There are different forms of credit agreements which are involved in business law. These
are made to protect the right of the parties so that there will be no confusion in the future.
Legislation a legal rules directs these types of agreements. In these agreements, the debtor takes
some amount or goods but not pays the full amount.
Credits agreements and their types that are utilized by Ben as stated below:
Rent or hire purchase -In this credit agreements, the debtor takes a goods or product and
goods on hire. He pays the amount in instalments or mortgage. During this quite credit
agreement client acquires property and additionally get possession on it that has been paid by the
creditors. This agreement makes then transaction easy in case of lack of payment at lump sum.
Conditional sale- In this credit agreement, there are some conditions are fulfilled to
complete the transaction. Only after that, the buyer receives the product by seller. This person
gets rights to transfer property from one party to a different.
Sale at credit- In this kind of agreement, customers receives the goods on credit basis. He
gets a rights to possession and additionally they're ready to sale them different party which may
be attributable from the starting stage of contract.
Case law, Helby v Mattews 1895, judgement of court was held that customer is not
having any authority to transfer the goods until and unless they are not having any ownership
regarding that.
2.2 Termination of rights of parties involved and its rules
Rights which are terminated associated with once rights that is related to finish existence
of the contract and the right of the parties involved. Default notice is also an important part
which are those that are sent by the creditors if debtor does not pay the instalment. The
termination of rights once mountain as a debtor:
 Many things are arisen when Ben and different parties decide for terminating of right to
revoke agreement before the date that they determined antecedent.
 When the breach of contract is happened then the product and goods are taken by
creditor.

 The debtor is barely vulnerable to quantity once any quite marginal quantity is ready
according to the contract (Grundfest, 2010).
Default notice- Default notice is sent by the third party in case debtor does not pay. They are
ready to recover due amount that is consistent with the patron credit agency act, 2006.
Person is in a position to send notice just in case of breach of contract:
If agreements that are made between the involved parties terminated, then various factors
can be thought-about. It’s issued once rights of mortal has been revoked. If within the case of
enforceability that is consistent with the law. Improvement of merchandise from ownership.
2.3 various sort of agent
There are several ways where agency can take place between agents and principals.
Agency by holding out – It is the part of law of estoppal where principal is accountable
for the damages if any activity is performing by agent. Apart from that, it is an affirmative act
where proper relation can be established between agent and principal.
Various sorts agents that are key person in contract as below:
 Agents as executives- Executive agents contribute in completing the transaction. within
the coming up with that has been conducted between members and teams. They’re useful
in taking corrective selections. They able to share and views and conjointly share them
with countless individuals.
 Agents as Collaborative- they're answerable for their own act that is conducted by
themselves. They’re directly contributed in any matter.
 Agents as Contributory- The agents who directly contribute within the action and get
remuneration for that.
 Agents as Communication- They're answerable for managing communication among
members. Which suggests these agents manage the interaction among principals and the
third party.
 Agents as Services- These agents able to provide the mediator service at term and
conditions.
Here are some features of agency which has to be properly executed by both person i.e.
principle and agent.
 Agent is not having right to form contract with third party until and unless permission has
been granted by principal.

 If any loss has been incurred by agent while performing their duties, then principal is
accountable to compensate the amount to injured party.
2.4 Agents and principals of Rights and duties related to them.
There are many sorts of duties and rights of principals and agents that area unit as aligned
below:
Rights of agents:
 Agents have rights to have earnings from their principals.
 Agents are liable to subtract measure which they salary on the principal party throughout
the creation of agency.
 Agents are collectively ready to receive lien that is mentioned below the law of agency.
Duties of agents:
 Agents are accountable to fulfil their duties that area unit mentioned below the law.
 Agents should ensure that he's ready to create secrete profits.
 They are to not carry delegation.
 Agents has to take care of correct records.
Rights of Principals:
 He contains rights to revoke the most authority of agents.
 Principals area unit ready to claim damages that is caused to them.
 Agents have the right to receive repudiate dealing that area unit created among the
agency.
Duties of Principals:
 They are liable to supply wage to their agents that is that the main responsibility of them.
 Principal’s area unit ready to maintain relationship among members.
 They are accountable to go according the law of regulation.
TASK 3
3.1 Monopolies and anti-competitive legislation in UK.
Competition law of United Kingdom forbidden any non-competitive activity within the
market and has all the rights to research any case of its concern. UK Competition law gets
overrun by British similarly as EEC parts. There are two most vital statutes with strictly national
dimension in UK relating to competition laws which are Competition act 1998 and Enterprise act

2002. Monopoly is the condition in which a single organisation controls whole market for
example it has quite twenty fifth of market share.
Monopoly typically happens once a Company's product gets extremely sure-fire (Primark
owns half-hour market share in retail in UK) or there are many horizontal mergers between firms
making even larger entities. of these monopoly corporations are the threats for Great Britain
market and therefore Monopoly is prohibited in Great Britain (Haselmann, Pistor and Vig, 2010).
Case law, Eagle Retail Investments Ltd/ Early learning centre. In this parties are Eagle
Retail Investment Ltd is a newly incorporated company where it is holding the shares of many
organisations. In contrary to this, Early learning holding ltd is parent company of ELC (Early
Learning Centre) and it deals in the business of manufacture and retailing children toy’s with in
UK.
Transaction, Eagle acquired 100% of issued share capital of ELH on 2nd April 2004. As
this transaction was notified on 13th April and its statutory deadline were expiring on 1st August
2004.
Jurisdiction, the result of this transaction is that Eagle and ELH ceased to be distinct.
According to provision of Enterprise Act 2002, turnover of ELC exceed £70 million. As per
section 23(1)(b) of this act it is satisfying all the terms and conditions to create relevant merger.
Decision, the judgement of court was held that this merger will not be referred to the
Competition Commission under section 22(1) of this act.
3.2 Competition commission with the context of monopolies and anti-competitive.
Monopoly is controlled by Competition commission which was recognized in 1998 to
manage acquisitions, joint ventures, any mergers, and non-competitive activity inside the
marketplace. It arranged the monopolies and mergers commission. workplace of truthful
mercantilism refers the problems to the commission. Commission solely makes
recommendations; all the social control is finished by the workplace of truthful mercantilism.
Following are then issue for which the competition commission has been organised in United
Kingdom related to monopolies and anti-competitive-
 Local Firm market share
 New entity market share
 Research and Development activities below the corporations
 Economies of scale

Competition commission additionally listen the problems that area unit pinpointed by
anyone relating to anti-competitive practices monetary value fix and bidding rig, a market not
operating well, unfair terms in contract, any problems associated with competition. Competition
law and law of deregulations related to subsidies access of markets and state aids. Competition
commission gained a lot of power than its precursor below the enterprise act 2002. the
workplace of truthful trade has all the implementing powers below the enterprise act 2002.
Case law, Fresh express store/TESCO plc, this ruling was related with the grocery
retailing. Here parties are TESCO and another is Somerfield limited. Somerfield store was
acquired by Co-operative group in 2009. The currently administration of this company is
FreshXpress. Here, decision of Officer of Fair Trading was held that lease property is not
properly qualifying under the investigation which are made by them. Along with this, it is also
not covering under the act of merger because this is not defined in enterprise act of section 129.
3.3 Dominant position inside the EU market.
Dominant position is the situation in which the organisation gets unfair advantage from
market. It harms the other companies in the same industry. In Dominant position, one firm
having an effect over entire market space through they maintain robust position within the
market which ends exploitation of client. They management over market that is quite five
hundredth (Lawrence, 2013). it's clearly unfair condition with customers. This condition is in a
position to make barriers. it's the growing concern that, varied forms of instruments through that
abuse of dominant position will be done. that are as follows:
 Cost Discrimination- If organisation charge totally different prices from different
customers that is due to abuse dominant position.
 Offensive valuation in merchandise and services- during this sorts state of affairs, within
which corporations sell merchandise and services below the value.
3.4 State of affairs related to exemption is render to them.
As per the business law and provision of article of 102 it involves exemptions this will
classify the behaviour of 3 types. The exemption is provided to those that area unit ready to
tested that anti-competitive practices area unit edges for the complete market. There are many
provisions in article of business law in which rules and regulation and have to be fulfilled by
them. In that principal’s area unit united to exempt agreement which don't seem to be thus
necessary. the businesses holding is a smaller amount than 100 percent area unit referred to as
small concern. The commission that framed laws and regulation associated with the competition

area unit exempt those businesses which want to satisfy the customers. To do that these
businesses provide best quality product and services to them. Along with this, exemptions are
implemented on the organisations which try to meet the quality level of production and
ineffective to satisfy competition in market (Pohl, 2017).
Below mention are some practices which are accessible in anti-competitive and can be
performed by parties in suitable manner.
 The cost of goods and services should be set in such a manner which does not cause harm
to any domestic company and it also include trade price also.
 To restrict the entry of those companies which are creating barrier for domestic market in
order to generate profits from them.
Apart from that there are some exemption which are available to international companies
in context of anti-competitive practices.
 Abuse of dominance can be considered up to a limit which is providing in relation to anti-
competitive practices.
 If any company is operating their business function with the help of abuse of dominant
position and giving advantage to society, then it will be considered as anti-competitive
practices.
TASK 4
4.1 Assorted norms of intellectual property.
Rights related to Intellectual Property: These area unit rights that area unit given to
individual or an organization associated within which will use their concepts and plans that area
unit intangible assets and it will facilitate that there isn’t any competition within the market and
then it would make a profit from unique and a few of the rights area unit only if is patents,
trademark, copyrights, design etc.
Property rights area and their types as follows:
 Patent rights- A patent could be a legal that represented the invention within the property
rights to the inventors and successors. Its rights represented the inventions of an investors
claims to the exclusive rights.
 Trademark rights- These are the emblem, alternative devise, colour, symbol and word,
style and use to spot an organisation or a product within the market. Its embrace
registrations trademark, use applications field the product and services. It a way where

one party is distinguishing themselves from another and making own identity which
cannot be imitated by their competitors.
 Copyright- This is the right which grants protections to the distinctive expressions of the
concepts for a replacement business. As it protects the right original work which has been
done by the owner. This act is now governed by the Copyright, Designs and Patents Act
1988. It arises automatically, without the need of registration. This copy right is eligible
for literary, dramatics, musical, artistic and many more work.
4.2 Protection of interventions and principles related to it.
The management of those rights is conducted for the safeguarding the rights of inventors.
numerous sorts of principals of that which protect the inventor rights as follows:
 Necessity Principals - this is often helpful in safeguarding the vital info and knowledge.
this could ready to maintain privateers.
 Techniques identifier utilisation- this is often associated with the only person, it's
interconnection of knowledge.
 Knowledge storage that is personal in nature- the non-public data which is ought to be
unbroken and this is often not be disclose among folks.
 Compatibility based Principals- This principal declared that important info like date
moreover as time wise potential to be accessible.
 Principals of judicial info- during this information ought to be unbroken that nobody is
abuse those knowledge and data.
The infringement regarding this provision are stated as below:
 Owner is having authority to take action against the another person if found with that
they are using their rights without their permission.
 Patentee can also claim for the damages from the person through which loss has been
incurred by them.
 Penalty will be imposed by owner if any product or services are offering by other person
without their approval and can also suit against them.
4.3 Protection of copyrights principles and legally implied rule for forestall infringement.
The copyright is that the right that is given to the author so as to provides them as
freedom of musical and creative that gave them a right to sale or unbroken them solely when
owner gives permission. associate degree owner having a right to sale them to different that

embrace within the recording corporations. because it is break free different material possession
right that is mechanically protected by the owner or author (Bagley and Dauchy, 2011).
Protection of copyright as granted to work:
 Work based on literacy- The principal’s owner of this work having a right to create
translation within the original work (Spalding, 2011).
 Computer software: The copyright that is expounded to the present time which may be
protected by secret writing of firewall that is that the style of security however a
copyrights.
Legal rules that are made to safeguard the copyrights related to infringement
This could involve the violation of rights of the important owner. The act that is involve
in this is may be done by purposely or accidentally so as to capture the rights of rights of
principal owner simply because of the rationale of specific proof it may be established. If the
infringement is found, then court will obligatory penalty on the one who think about guilty in
this case. An infringement regarding copyright is that penalties can be imposed by owner if their
work has been used by another person. As there are many rules and regulations where defender
is having right to reduce their penalty amount. One of the best method to eliminate or reduce the
infringement is that person should take prior permission from owner for using their work.
4.4 Comparison among protection and emblems and business name
Trademark includes that any quite image, mark or sign which may able to differentiate
business from others. By these rights, customers can simply establish the products and services
of specific organization. On the opposite facet, business name is that the construct on which each
and every company creating dealing and build up image in market solely with the assistance of
this name. Through that businesses area unit conducting operations. Trademark is that the name
that is that a part of material possession right and area unit use for the aim of mercantilism. this
may solely be provided for approx. ten years however business name will be carry by the
businesses until the tip of it.
CONCLUSION
On the idea of on top of report it's finished that, business law includes numerous styles of
rights, duties rules and regulation that have to be compelled to accomplish all the businesses. in
line with the sales of products act, merchant is accountable to supply sensible quality of product
and services to their client. As many rules and regulations are framed by government in order to

protect the rights of buyer. It is their responsibility to comply with them so that they can
compensate loss amount if any damage had taken place. Apart from that, it is essential for person
or any organisation to protect their right in order to get registered with copyright, patent or trade
mark. With the help of this their rights or work will be defended for a specific period of time.

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