Business Laws and Regulations Assignment

This assignment delves into various legal aspects associated with business operations, including contract law, infringement and breaching of agreements, and safeguarding intellectual property. It covers topics such as records, reports, and inspection rights, creditor protection laws, debt financing, and corporate investment over the business cycle. Additionally, it touches on equal employment opportunity laws, administrative regulations, and the importance of ethical business practices in a global context.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of goods
and supply of services............................................................................................................1
1.2 Statutory provisions for transfer of property and possession...........................................1
1.3 Statutory provisions on buyer’s and seller’s remedies in sale of goods contracts...........2
1.4 Analysing and giving advice on product liability legal rules and statutory provisions for
faulty goods............................................................................................................................3
TASK 2............................................................................................................................................3
2.1 Explaining different type of credit agreement used by Ben as a customer......................3
2.2 Legal rules of termination of contract if Ben is unable to pay the amount in the future..4
2.3 General features of Agency and differentiating between the different types of agents.. .4
2.4 Rights and duties of an agent that will help Ben when he will become and agent by
himself....................................................................................................................................5
TASK 3............................................................................................................................................6
3.1 Explaining monopolies and anti-competitive practice legislation in the UK...................6
3.2 Explaining the role of the Competition Commission and the UK Office of Fair Trading
now merged in the Competition and Markets Authority in regulating Monopolies and Anti-
competitive practices..............................................................................................................6
3.3. Defining dominant positions within the EU common market.........................................7
3.4 Discussing instances when under EU law, exemptions will be made to potentially
anticompetitive practices........................................................................................................7
TASK 4............................................................................................................................................8
4.1 Identifying and explaining the different forms of intellectual property rights.................8
4.2 Outlining the principles relating to the protection of inventions through patent rights and
legal rules preventing their infringement...............................................................................8
4.3 Describing the principles relating to copyright protection and the legal rules preventing
their infringement...................................................................................................................8

4.4 Comparing and contrasting the protection of trademarks and business names giving
practical examples..................................................................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
Books and Journals:..............................................................................................................10

INTRODUCTION
The laws and regulations that are associated with the business activities will help in
suitable rise in the operational capability that will support good rise in operations of the
organisation. A good following of the legal obligations and laws will support good rise of the
organisation (Zhu and Zhu, 2016). Besides this, it facilitates development of a good relationship
and trust level of the customers. This report will lay a deep emphasis on the different activities
that have been performed by the individuals and firms to gain good judicial support. Various
legal factors, processes, operations and activities have been discussed by the means of different
case studies and their justification. Rules and regulations regarding the sales of goods and
contract development, customer credit and agency competition law and saving of the intellectual
property of the firm that will support a good rise in the satisfaction level of the customer or the
firm have also been elucidated in the given report.
TASK 1
1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of goods and
supply of services
According to laws and regulation that have been associated for sales of goods in UK, Ben
is liable to get the proper compensation from the seller of car or dealers of the agency. This will
help him to get proper financial support. As Ben got information about the car from an
advertisement in a magazine and had a good deal over the car by paying the desired amount by
the seller, he is liable to get proper refund of his money in case he is not satisfied with the quality
of vehicle he had received. However, Ben had to thoroughly read the contract or the details of
contract with his dealers before taking delivery of the car. As of now, dealer had used the clause
9 in contract that frees the firm from any sort of responsibility regarding the car.
Other than this, he can get the support from Citizens Advice Bureaux that will help him
to get proper legal support for his problem and get the rightful refund from his dealer or seller of
the car. Moreover, Ben can also make a claim about the threat the car possessed due to faulty
engine and working that could have been a danger to him and his family's life.
1.2 Statutory provisions for transfer of property and possession.
The statutory provision will involve the development of a good and strong contract that
will help to build a better agreement between Ben and Dealer (El Hazzouri, Carvalho and Main,
2015). This will help him to own a better control over the possession of any property or
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possession. Some legal measures will be taken in consideration by Ben. Some major legal rights
that will be taken in consideration by him are:
 Consumer Rights: Also known as Consumer Protection Act, it will help Ben to get
proper judicial support that will help in effective growth and development of contract that
will help in better rise in customer satisfaction level and help him to take actions against
any sort of illegal trade practice (Dickerson, 2014).
 Section 19: This will help the firm or an individual to sell or transfer his/her property
only under certain legal and mandatory conditions. Under this, the transfer of ascertained
goods will occur only in conditions like when the good or service is ready to deliver,
when goods are in measurable state and on basis of appropriation.
 Section 18: Under this, the property or good will be unascertained and thus, required to
be handled for their proper utilisation.
1.3 Statutory provisions on buyer’s and seller’s remedies in sale of goods contracts.
There are some statutory provisions on buyer's and seller's remedies to sale their goods
and services in good contact. Some buyer's and seller's remedies in sale of goods contract are as
follows:
Seller's remedies against Buyer's
 Suit for price: It involves the usage of the two conditions. First, when the good or
service is been delivers to the buyer in a form of a purchase under the contract of sale. In
this situation, buyer purposefully neglects the payment to the seller as per the contract.
Second, it involves the due payment that will occur irrespective to the delivery of goods
and services. The seller can take a legal action against the buyer in such condition.
 Damage of non-acceptance: It involves the condition when the buyer denies accepting
the good in spite the given order, which cause loss to seller. Under section 56 of the Act,
the damage has been calculated on the basis of the breaching of the contract that causes
the seller to take the appropriate legal actions against the buyer (Qi, Roth and Wald,
2017).
Buyer's remedies against Seller's
 Damage for Non-delivery: Under Section 57, the seller can't neglect the service to a
buyer intentionally or in wrongful manner, and is required to provide the service or goods
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in the immediate possession. The damage is calculated on the basis of the difference in
contract price and market price.
 Reduction of prices: Under section 48 C (1), the seller has to reduce the price or provide
the proper refund to the buyer if he is unable to give the proper quality of product and
services (El Hazzouri, Carvalho and Main, 2015).
1.4 Analysing and giving advice on product liability legal rules and statutory provisions for
faulty goods.
On the basis of the various remedies and legal provisions, Ben is liable to get the proper
legal support from the Customer Advice Bureaux that will help him to get the suitable support
over the case of his faulty car. Under the Consumer Protection Act, he is liable to handle the
actions and activities that will help in suitable rise in the effectiveness of the different business
actions that are performed by the firm or the dealer agency.
Besides this, under the Unfair terms and regulation in customer contract, 1999, the dealer
or car seller has to provide him with proper compensation and claim in order to deliver a faulty
and inappropriate product that can lay an impact on the life of his family members. Also, the
dealer will be punished for not highlighting the clause 9 in the contract, causing trouble to Ben.
TASK 2
2.1 Explaining different type of credit agreement used by Ben as a customer.
As a consumer, Ben possesses right to use the different form of payment that will impact
the purchasing process. Under the legislation, some major modes of payment that can be used
are:
 Consumer credit Act 1974: This will allow him to use the credit amount, in various
format that will help in suitable management of purchasing actions. It will involve some
major factors like restricted use of credit where he can only use the credit card to pay a
limited amount of price for a product or service. On the other hand, the unrestricted use
of credit will help in suitable management of the payment that will support a good
utilisation that will help in effective management of the activities and provide the
unlimited payment of the goods and services by the credit account.
 Debtor credit supplier agreement: It will help the firm to manage the operations in a
better way. This will facilitate the proper agreement of the paying the amount under an
agreement between the user and the supplier.
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 Debtor creditor agreement: Under the section 13, no further agreement can be made
under the pre existing of the available agreement that will be used to get the finance for
the goods or the services to carry out the transaction between the debtor and the supplier.
2.2 Legal rules of termination of contract if Ben is unable to pay the amount in the future.
If Ben is unable to pay back his dues, he has the right to terminate the agreement between
him and the dealer under Consumer Protection Act 1974 that will help in suitable management of
agreement between dealers and Ben. The proper information sheet and details of the goods and
services, their rates and the date of purchase will be mentioned that will support a good rise in
the customer satisfaction level and carrying out of the agreement process. Other than this, the
dealer cannot take any sort of the legal measure like sue him to gain the amount of the purchase
or selling, that is been made. This will help Ben to get safeguard against any illegal activity or
threat from the dealer (Zhu and Zhu, 2016).
On the dealer side, they are required to send a notice prior to any action in order to make
Ben aware in case he is a defaulter. The Arrears Notice will be sent in case the Financial
Conduct Authority is involved in the agreement. The default notice will help in better rise in the
knowledge and awareness where been is liable to provide the suitable reason for not able to make
the payment. Besides this, Ben can get the suitable help from the Citizen Advice Bureau, in case
the dealer uses the illegitimate measure to get the payment done.
2.3 General features of Agency and differentiating between the different types of agents.
An agency is the organisation where one person act as the representative of another
person or firm to sell their product or services. The person who work on the behalf of other
person is known as the agent while on whose behalf the work has been performed will be known
as a principle. The general features or qualities that will be owned by an Agency are as follows:
 They will look after setting up and carrying out of the agreement between the user or
buyer and the organisation (Carroll and Buchholtz, 2014).
 They will market and sell the product or services that are manufactured by a bigger firm.
It will help the customer to connect to the firm through their means.
There are different sorts of agencies that have been created by the firm and will help in
the better rise in the development of a good and legalised agreement. Some major types of
agencies involve agency creates by agreement, agencies created on basis of operation of law,
implied agency and apparent agency.
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An agent will be the person who will look after the proper handling of the operations that
will support a good handling of agreement and selling of goods by and agency. Different types of
agents involve:
 General agent: They are the regular agents who work in the agency on a general basis
and their work is based on the instructions from the principle (El Hazzouri, Carvalho and
Main, 2015).
 Special agent: It is an agent that has been chosen by the agency to perform a specific
task or activity. They have limited power as they have to work according to their targets.
 Subagents: They work under the agents and will look after better handling of operations
that will help the firm to perform the agreement process more effectively. However, they
are not authorised by the organisation or principle.
2.4 Rights and duties of an agent that will help Ben when he will become and agent by himself.
The agents will perform the following duties that will help the individual like Ben to get
proper guidance as an agent. Some major duties are as follows:
 Duty of obedience: The agent will see through following of all legal obligations and
duties that will help the firm and agent to perform effectively.
 Duty of care and skills sets: They will look after better rise in the care measures and the
skill set that will help the firm to handle business operations and activities of an agent in
a better way.
 Repair and despair: As an agent, it will be Ben's duty to provide good quality services
and goods. If a product is found damaged or disoriented, it will be his legal duty to get it
repaired for the customer.
Besides duties, the agents will possess certain rights too that will help them to handle the
business operations and meeting of the targeted goals in a better way. Some rights that have been
hold by an agent are:
 Remuneration: An agent has the right to get remunerated from the sales and wages if he
is working as the independent professional (Zhu and Zhu, 2016).
 Reimbursement and indemnity: The agent has the right to get indemnified by the
agency owner or principle in case of any loss of property or good.
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 Third parties: If there is a dispute between the third party and the agent, he is liable to
access the principle to act as the mediator and handle the agreement in a very effective
way.
TASK 3
3.1 Explaining monopolies and anti-competitive practice legislation in the UK.
The approach of performing the monopoly in the business and increasing the unnecessary
competition will lead to the disturbance in the market and business activities (Wilcox and
Youngsmith, 2017). In UK, various legal measures are been accessed by the legislation that will
help in prevention of the monopolies and anti-competition activities such as:
 Competition Act 1998: It will regulate the prevention of the illegal activities that will
make the company to drop the illegal ways to expand their business and prevent the
prohibition on a business firm. This will inhibit the formation of a cartel, domination of a
market and fixing the prices or terms that will impact the growth of the businesses of
other firms.
 Enterprise Act 2002: It will help the firm to keep a check over the activities like mergers
influenced by the political or corporate factors, formation of cartels and involvement of
the illegal or criminal backgrounds to expand the businesses using uncompetitive
practices.
 Enterprise regulatory Act, 2013: It will work with the office of fair trading and will
help in better setting up of the competition and consumer protection activities that will
help in improvement of services. This will help in promoting free and fair trade and
improvement of the market share of the firm.
3.2 Explaining the role of the Competition Commission and the UK Office of Fair Trading now
merged in the Competition and Markets Authority in regulating Monopolies and Anti-
competitive practices.
The Competition Commission and OFT will look after the better regulation of fair trade
practices that will support a good rise in the effective following of the fair trade practices
(Kitagawa, 2016). Some activities that have been performed by them are as follows:
 Office of Fair Trading (OFT): This will help in the carrying out the fair trade that will
involve better rise in fair trade practices and will perform the actions like regulation of
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the provisions, checking of unfair trade practices, fixing the minimum cost of the goods
and promoting a positive competition and good behaviour by the firms.
 The competition Commission: They will work with the Office of Fair trade that will
help in suitable handling of the operations that will support a good rise in the business
activities like performing of the mergers, prohibited, making the necessary modification
in the agreement and giving the suitable suggestion and policies that will support a good
rise in the operational capability of the organisation (Dickerson, 2014).
They will help in the suitable maintaining of the policies and effects that will help in
suitable maintaining of the different categorised like Unilateral effect, Co ordinate effect and
vertical effects that will help in suitable carrying out of business activities.
3.3. Defining dominant positions within the EU common market.
In the market of the European Union, various activities have been taken in the
consideration that will help in suitable rise in the capability of the organisation. This will help the
firm to take in consideration certain factors that will help the firm to get the good and dominant
positions in the market. As per the treaty of EU in Article 82 which prohibits the individual or
firm to make any sort of abuse using the higher or dominating position in the market that will
impact the business operations of the user. It will help in facilitating the interstate trade that
supports a good and vast expansion of a business. This will also help in gaining a good position
in the market and thus will regulate a good international trade and business.
Besides this, on performing the illegitimate activities as described above, the EU trade
commission will look after the matter and will give out the proper jurisdiction and punishment
that will help in gaining the strategic position that will support a good rise in the satisfaction
level of their customers in a better way (Qi, Roth and Wald, 2017).
3.4 Discussing instances when under EU law, exemptions will be made to potentially
anticompetitive practices.
Certain exemptions have been made by the firm that have been taken in consideration by the
EU law in order to facilitate and carry out the suitable and important measures to abolish the
potential anti-competitive activities that will help in suitable growth of the organisation. Under
the Article 81 of treaty of Rome, these exceptions help in countervailing the benefits that will
help in suitable rise in the operations that will help in the effective handling of the operations by
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an individual. The European commission has look after the exemption activities or measures that
will help in proper mitigation of the monopolistic and anti-competitive steps like:
Individual exceptions: It involves the positive and negative measures that will support carrying
out of the exemption process like contribution to economy by production of goods and
implementation of technical measures or allows customer to have a fair share of benefits. Also,
the exemption is gained when elimination of competition in the market is not possible.
Block exemption: It involves the better handling of the operations that will support a good rise
in distribution and purchase (Clark, 2016).
TASK 4
4.1 Identifying and explaining the different forms of intellectual property rights.
Various intellectual property has been taken by a firm that help in its growth and
development. Some major intellectual properties are as follows:
 Patent: This is the measure to protect the innovation, design or product by the company.
It helps in safeguarding the data and information in the firm.
 Designs: It is safeguarding of ideas and plans by registering them legally in order to
prevent their misuse (Karpoff, J.M. and Wittry, M.D., 2014).
 Trade mark: It is the special identity that has been provided to the firm by the legal
authority which helps in identification of its product and services on global level.
4.2 Outlining the principles relating to the protection of inventions through patent rights and
legal rules preventing their infringement.
Patent will help in good growth and development of the product and services that will help
in good rise in operations of the firm. This will help in good rise in the effectiveness and
efficiency of the business organisation to promote innovation.
A patent will help in preventing the misuse of the ideas and technology that is been used
by the firm in a very effective way. Some basic impact of the principles that are been taken in
consideration by the firm are as follows:
 It will provide the company with proper rights to sell and use its intellectual property for
the benefit of clients and firms (Cohn, 2016).
 Gain the proper licence to use the invention and the intellectual property of the firm.
 Discuss the invention or innovation to expand the product range and business related to
it.
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4.3 Describing the principles relating to copyright protection and the legal rules preventing their
infringement.
Certain principles are been used for the copy right and this will help in maintaining ideas
and economic resources of the firm. It will help in good growth and development of the
organisation. This will give the firm legal right to take actions against the misuse or theft of the
ideas and the products from firm (Maheshwari, 2015).
The copyright protection act will help in good rise in the business operations that supports
a good handling of the business operations and thus will support a good rise in the compatibility
and protecting the intellectual property and assets owned by the organisation. This will also help
in increase in revenue.
4.4 Comparing and contrasting the protection of trademarks and business names giving practical
examples.
The protection measures that are been taken by a business firm and a trade mark are
different. A trademark can be similar to any other company’s logo while the business name has
been used by the company itself. It is illegal to use the trademark as the company’s name. Also,
the geographical indication in business name cannot be used as a trademark (Waldron, 2016).
The proper legal operations are required to be taken in consideration by the firm that will
support a good rise in the effective handling of the business operations and thus facilitates a good
handling of the business activities in a very effective way. This will support a good rise in
effectiveness of business organisation.
CONCLUSION
Thus, it can be concluded that proper handling of operations and following the business laws
will help in suitable rise in the operations and thus will support a good growth and development
of the company. The report laid an effective emphasis on various legal aspects that are associated
with the business like the contract law, infringement and breaching of agreement and
safeguarding the intellectual property.
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REFERENCES
Books and Journals:
Maheshwari, S., 2015. A Manual of Business Laws. Himalaya Publishing House.
Cohn, S., 2016. Bringing Foreign Teaching Experiences into the US Classroom: is it Enough to
Generate Student Interest in Foreign Legal Systems and Laws?. Studia Iuridica, 62,
pp.165-168.
Clark, R.B., 2016. Records, Reports, and Inspection Rights. Ballantine and Sterling California
Corporation Laws, 2.
Qi, Y., Roth, L. and Wald, J., 2017. Creditor protection laws, debt financing, and corporate
investment over the business cycle. Journal of International Business Studies, 48(4),
pp.477-497.
Dickerson, C.M., 2014. Bringing Formal Business Laws to Cameroon's Informal Sector: Lessons
and Cautions from the Tax Law Example. Wash. U. Global Stud. L. Rev., 13, p.265.
Bernstein, S., Korteweg, A. and Laws, K., 2017. Attracting Early‐Stage Investors: Evidence
from a Randomized Field Experiment. The Journal of Finance, 72(2), pp.509-538.
Kitagawa, Z., 2016. Administrative Regulations (Vol. 4). Doing Business in Japan.
Wilcox, K.C. and Youngsmith, D.M., 2017. Overview of Equal Employment Opportunity
Laws. California Employment Law, 2.
Yaxuan, Q.I., Roth, L. and Wald, J., 2015, July. Can Bankruptcy laws mitigate Business
Cycles?: Evidence from Creditor Rights, Debt Financing, and Investment.
In International Business, Economics, Finance, and Management Conference (BREFM).
Karpoff, J.M. and Wittry, M.D., 2014. Test identification with legal changes: The case of state
antitakeover laws. Unpublished working paper. University of Washington.
Gomes-Casseres, B., 2015. Remix Strategy: The Three Laws of Business Combinations. Harvard
Business Press.
Zhu, Z.G. and Zhu, W.Z., 2016. A Historic View of the US Business Ethical Laws and
Implications for Developing Countries like China. Review of European Studies, 8(3),
p.49.
El Hazzouri, M., Carvalho, S.W. and Main, K.J., 2015. An Investigation of the Emotional
Outcomes of Business Students’ Cheating “Biological Laws” to Achieve Academic
Excellence. Academy of Management Learning & Education, 14(4), pp.440-460.
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Carroll, A. and Buchholtz, A., 2014. Business and society: Ethics, sustainability, and stakeholder
management. Nelson Education.
Waldron, J., 2016. Deep morality and the laws of war. In The Oxford Handbook of Ethics of
War.
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