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Business Law- Sales of Goods Act

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Added on  2020-02-03

Business Law- Sales of Goods Act

   Added on 2020-02-03

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BUSINESS LAW
Business Law- Sales of Goods Act_1
Table of Contents
INTRODUCTION....................................................................................................................................................3
TASK 1 ....................................................................................................................................................................4
1.1 Implied terms as per Sales of goods act and supply of services...................................................................4
1.2 Statutory provision related to transfer of property and possession...............................................................5
1.3 Remedies of buyers and sellers.....................................................................................................................5
1.4 Legal rules and statutory provision for faulty goods....................................................................................6
TASK 2.....................................................................................................................................................................7
2.1 Various types of credit agreements...............................................................................................................7
2.2 Legal rules on termination of rights and default notice................................................................................7
2.3 Features of agency and different types of agents..........................................................................................8
2.4 Rights and duties of agents...........................................................................................................................8
TASK 3.....................................................................................................................................................................8
3.1 Monopolies and anti-competitive practices..................................................................................................8
3.2 Role of competition commission..................................................................................................................9
3.3 Dominant position.......................................................................................................................................10
3.4 Exemptions of dominant position in EU market........................................................................................11
TASK 4...................................................................................................................................................................12
4.1 Intellectual property and its various types..................................................................................................12
4.2 Principals of protection of patent................................................................................................................13
4.3 Principals of protection of copyright..........................................................................................................14
4.4 Trademark and Business name...................................................................................................................14
CONCLUSION......................................................................................................................................................15
REFRENCES.........................................................................................................................................................15
Business Law- Sales of Goods Act_2
INTRODUCTION
Business law consist various types of rights, duties and conduct of parties which are
engaged in the legal contract. In which two or more parties are involved in the legal contract
and supposed to do their as per the agreements in the paperwork. Parties come under a legal
relationship with each other. This law establish some regulations imposed on the parties
stated under the law and they are responsible for its violence. In currently released reports
based on Sales of goods act, in where two parties formed a contract name called seller and
buyer (Costen and Salazar, 2011). In which seller is legally agrees to deliver good quality of
products to customer and meet the needs of the customers. In Agency law, two parties
involved in the legal agreement are called as the agent and principal. Agent is the major client
who act on behalf of his principles and bound to maintain their legal agreements. They are
not even able to do transaction with own name. Intellectual property is nothing but a creation
of human mind which is legal as per the law. Owners have to register their property for
continuous use them.
TASK 1
1.1 Implication of terms as per Sales of goods act and supply of services.
As per the Sales of goods act, 1979, sellers are bound to follow products of better
quality and attract the customers to the location in order to serve them well. Two parties are
involved in this act name called seller and buyer. Seller is the person who is liable for the
delivery of the products and buyer is the person to whom the products are delivered to. Both
the parties come under the contractual relationship with each other and are liable to follow the
regulations within the agreement. There products must be able to meet expectation of people
and maintain performance as well.
As per the given scenario, there is the buyer name called Ben. He purchased a car
from a dealer who defined some significant points regarding the car. The car has been driven
for 18,500 miles and it was under a single owner (Dirani, 2012). As to show some
seriousness towards car, Ben paid a token amount of 150 pounds which is non- refundable.
Later, when he got the possession over that and went for a long trip with his family. While
driving, he realized that the car's engine is not working well and it has been owned by two
individuals instead of one as per the discussion with the car dealer. The previous owner of the
Business Law- Sales of Goods Act_3
car drove the car for taxi purpose and now at the distance 18,500 miles, the engine was
choking.
After realisation he wanted to return the car to the dealer, but it was a clear refusal
from his side. As the buyer signed the document in which it is mentioned that buyer must
check the product before he or she purchases it. Later, the seller is won't be held responsible
for the same.
On the basis of Clause 9, in this legal term it has defined that, buyer have to check the
products after sellers are not responsible to pay compensation or any other thing.
But according to sales of goods act, 1979, there is a conditional implication that the
seller have to provide best quality of products and services other person having a right to case
against them and received compensation as well (Ehrhardt and et. al., 2011). In the given
scenario, car dealer deliver defected goods which are able to meet their expectation so that,
Ben can file a case against the dealer and claim an amount for fraud and the loss as well.
Case- Harlington & Leinster v Christopher Hull Fine Art, 1991, in case it has defined that,
plaintiff purchased a painting from defendant which is defected. So that, buyer file claim and
defendant is liable to pay compensation for the same.
1.2 Statutory provision related to transfer of property and possession.
The legal restrictions and regulations can be classified and has been framed related to
transfer of property and possession which have to be maintain by every party. If buyer
purchased some goods and services from seller then they also get possession over them
(Grohmann and Kauffeld, 2013). After that owner can continue the ownership or sale it to
another person as well. Some features of transfer of property are as aligned below:
Goods must be delivered by one person to another.
After made payment, buyer received all right of using and selling the goods
and services.
While the time delivery has being under process, the seller and buyer comes
in the contractual relationship with each other and attempts to maintain their
legal agreements as they are imposed on them as per the law.
There is no condition is consists at time of purchase and sale of goods.
After getting ownership, buyer is able to sale it to another person or keep
enjoying the same as well.
Business Law- Sales of Goods Act_4

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