Business Law and Practice Assignment

This assignment is focused on providing a detailed analysis of various books and journals related to business law and practice. It includes references from publications such as Appleman on Insurance Law and Practice, Commentaries and Cases on the Law of Business Organization, The Law and Practice of the United Nations, and more. The goal is to assist students in understanding key concepts and practicing their knowledge through a comprehensive list of recommended readings.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Analysing and advising Ben on the legal rules of implied terms relating to the sale of
goods and supply of services.......................................................................................................1
1.2 Analysing and advising Ben on the statutory provisions on the transfer of property and
possession....................................................................................................................................1
1.3 Evaluating the statutory provisions on buyer’s and seller’s remedies in sale of goods
contracts......................................................................................................................................2
1.4 Analysing and advising on product liability legal rules and statutory provisions for faulty
goods...........................................................................................................................................3
TASK 2............................................................................................................................................3
2.1 Differentiate between types of credit agreements which Ben as a consumer could use to
buy a car......................................................................................................................................3
2.2 Analysing the legal rules on termination rights and default notices for Ben as a consumer
in case he had problems in future paying the debts as required in the contract..........................4
2.3 Analysing the general features of Agency and differentiate between the different types of
agents...........................................................................................................................................5
2.4 Evaluating the rights and duties of an agent to assist Ben understand his position once he
becomes an agent himself...........................................................................................................5
TASK 3............................................................................................................................................6
3.1 Explaining the monopolies and anti-competitive practice legislation in the UK..................6
3.2 Explaining the role of the Competition Commission within the context of monopolies and
anti-competitive practices and the UK Office of Fair Trading now merged in the Competition
and Markets Authority in regulating Monopolies and Anti-competitive practices.....................7
3.3 Define dominant positions within the EU common market..................................................8
3.4 Considering instances when under EU law, exemptions will be made to potentially anti-
competitive practices...................................................................................................................8
TASK 4............................................................................................................................................9
4.1 Identifying and explaining the different forms of intellectual property rights......................9

4.2 Outlining the principles relating to the protection of inventions through patent rights and
legal rules preventing their infringement..................................................................................10
4.3 Describing the principles relating to copyright protection and the legal rules preventing
their infringement......................................................................................................................10
4.4 Comparing and contrasting the protection of trademarks and business names..................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
Business law in practice is a tool from which the company can manage and
control the policies and plans as well as the operational activities towards the customers
in the market. The report will cover suggestion and legal advices for Ben case. Different
types of credit agreements and termination rights will be covered in this report. The
report will also analyse the agencies and agent role in the market. Anti-competitive
practices in UK legislation and monopolies will be covered in this report which will be
assessed with dominant position and under EU law. Intellectual property rights and
preventing infringement will be covered in this report. Finally, the protection of
trademark and invention will be discussed.
TASK 1
1.1 Analysing and advising Ben
Sale of Goods Act 1979 and Supply of Goods and Services Act 1982: The acts are
applied in the sale of goods and services outside a customer context and involves
private sales and firm to firm transactions. The seller has rights to sell the goods and
services which should be according to the description given for the products and
services effectively. The seller also should manage the quality according to the
satisfactory quality of products. The Act is also applied when the seller is selling goods
which are stolen. Thus, the Acts are applied where the property is being transferred to
anyone.
In respect to this, Ben is able to make a claim against Car Dealer’s magazine
that the car was provided by them is not filling the description given before purchasing
the car (Appleman, Appleman and Holmes, 2015). The Sale of goods and supply of
goods and service act will be applied for the situation that the seller is in a fault for
providing a car which is not working according the description. In respect to this, Ben
has legal rights to return the car and receive money from the car seller.
1.2 Analysing and advising Ben on the statutory provision
The UK legislation transfer of property which is governed according to the law of
Property Act 1925 and Transfer of Property Act 1822. The Act defines where a person
convey another person about the property or possession to transfer in the present or
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future effectively. As per the statutory provision of this act associations and corporate
business are covered in the person definition. A contract is made by both seller and
buyer in which the firm implies its policies and plans which is discussed to the
customers or buyer.
According to the case of Ben, there are some certain policies made by the Car
Dealer’s magazine in which he clearly notified that they will not take any responsibility of
the description given about the product or services and the purchasers are answerable
for devising their own in-depended checks before buying any product effectively. The
policy is signed by Ben which prevents him to make a claim against car dealer. The
Transfer of property Act 1822 will be applied for the situation where Car dealer is in a
advantage for providing car and making policies for that. This is a statutory thing made
by the car dealer in which he will not take responsibility of any product and will not
receive from the customer as a return.
1.3 Evaluating the statutory provision
SELLER REMEDIES
Special performance: Special performance where seller is able to demand particular
performance from the customer in the agreement effectively.
Rights to payment of contract price: In this act, seller is entitled to claim the price of
product transferred through sale effectively (Allen and Kraakman, 2016).
Exclusion clause: In the case of exclusion in the agreement of supply or sale of
product than there will be no entitled to sell non satisfactory or damages products and
the clause should be appropriate and fair according to the policy and law.
BUYER REMEDIES
Suit of damages: In this stage buyer is able to make a claim against seller in case the
product provided by him is damaged.
Suit for special performance: In this regards, the buyer should be deliver products
according to the description provided by seller in the agreement.
Suit of interest: In this stage, buyer is able to make a claim for his primary and
damages related to loss or injury.
At the present case where the Ben is thinking to buy a new car during the first
weekend and also decides to go on a family tour at intercity motorway cruise. Ben took
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his car but quickly evaluated that the car is not working well in uphill conditions that
whenever he tried to going uphill, the care engine either stopped or slow down. He tried
some more times but the result was same for him. At a certain point, the car engine
stopped working at a particular place and also not move unless the engine would be
cool down from heating effectively. This thing made him angry and he decided to
returned the car only after 5 days of use when the issue persisted. Thus, he has rights
to make a claim for the damaged engine and should return the car to seller.
1.4 Analysing and advising on products legal rules and statutory provision
In case if the car is stopped working on a hill can cause a accident for him and
his family members. This would be done by the fault in car that family members are able
to make a claim against car dealer. A per the Consumer Protection Act 1987, the
product provided by seller to his customers should be effective that it will applied for
injuries in terms of product ineffectiveness or defective. Ben tried to going uphill, the
care engine either stopped or slow down. He tried some more times but the result was
same for him. At a certain point, the car engine stopped working at a particular place
and also not move unless the engine would be cool down from heating effectively
(Conforti and Focarelli, 2016). This could be a dangerous situation for Ben that any kind
of incident can happen for him. He was going with family members. Thus, there are
statutory provisions and product liability legal rules and legislation which describe that
Ben should take a step for such bad conditions which could be happen for him. The
Consumer Protection Act will be applied for the situation and seller is in a fault for
providing defective car.
TASK 2
2.1 Difference between various type of credit agreement
Credit agreements in UK governed by the Consumer Credit Act 1974. Such
agreements should be used by Ben for purchasing a new car.
Conditional sales: The conditional sales is similar to the hire purchase agreement
provisions in which the buyer should satisfy some extra conditions to become the owner
of car.
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Credit sales: Such agreements are made by the buyer in order to purchase the car. In
respect to this Ben taken a loan for paying the purchasing price of the car. Thus, the
amount of car should be paid by monthly instalments along with the interest.
Hire contracts: In this Ben is able to transfer the payment of car for a particular period
effectively but the ownership, car and agreements are never transferred and both seller
and buyer act as bailee and bailer (Hovenkamp, 2015).
Hire purchase: In this purchase, the buyer is liable for paying a particular amount in
regular intervals effectively. The possession transferred with the first instalment and
ownership at the payment of last instalment.
These are some credit agreements which will be used b y Ben in order to
purchase the care from the car dealer. Such agreements should be also accept and
follow by Ben effectively and efficiently.
2.2 Analysing the legal rules on termination rights
There are some certain rules governed by section 77-79 of Consumer Credit Act
1974 of termination rights and default notice. According to this, debtor are entitled to
avail a copy of agreement which should be original and also payment statement
effectively. Creditors has legal rights to terminate agreement preceding to the date of
expiry which should be supported by a appropriate and correct reason efficiently.
In case of Ben if the credit card company wants to terminate the agreement of
Ben they are responsible for providing default notice before breaking or terminating it. In
addition to this, 14 days should be given to the customer in order to avail the remedy for
agreement breach (Stokes, 2014). The notice should be provided in such scenarios
 Goods recouping.
 When the customer privileges are considered to be restricted or terminated.
 Terminating the agreement breach.
As per the rules and regulations the notice should be provided to Ben covering all
the materials and information. Thus, if the credit card company wants to terminate the
agreement they should provide a default notice to Ben and also 14 days time period to
react effectively.
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2.3 Analysing the features of Agency and agent
Agency can be defined, where two parties are connected to provide the product
or service to any other person or party to act on their behalf effectively. In this method a
Agent is appointed for the seller to act on his behalf of selling the product or service to
any other party. The agent can be private or government for selling the goods. Ben is
now interested to become a car dealer that he had a chat with car dealer that he wants
to work as an agent of car on behalf of any person or firm who want to sell out their
products. There are different types of agent discussed below:
Co-agent: Co-agent works with the agent for similar principal or purpose effectively.
Such agents learn different things such as knowledge and skills to sell the products and
also contribute towards selling the goods effectively (Bassiouni, 2014).
Dual-agent: Dual-agent are those who provide goods and services to more than one
purpose or principal for similar activities efficiently. In respect to this, Ben will be work as
an dual-agent as he is operating the role of an agent.
General agent: General agents are those people who are authorised to carry the
responsibility on behalf of the purpose and principals effectively and efficiently. Such
agents also maintain relationship with other agents. These are known as brokers and
there are some more general agents such as estate agents, bankers, special agent and
brokers effectively.
2.4 Evaluating agent rights and duties
As an agent Ben has some rights and duties which should be followed by him
effectively and efficiently. Ben should understand the responsibilities and works of an
agent for selling goods on behalf for the party (Ruggie and Sherman III, 2015).
Right to retain: Ben has legal rights to receive the payment which is due to his purpose
and principals payable amount effectively.
Right to claim remuneration: Ben has also legal rights to claim remuneration against
the goods and services provided by him.
Right of stoppage in transit: If Ben is liable personally than he has rights to restrict the
transfer of product and services in transit. This should be supported by valid reason.
Right of lien: Ben is able to exercise lien rights that the right is supported by the
contact agreement on the basis of deed Ben is able to avail rights of particular and
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general lien (Halliday and Shaffer, 2015). There are a lot of duties exists which Ben
should follow as an agent discussed below:
 Ben should determine the purpose of his clients towards the products.
 Ben should not make any extra profits from selling the products.
 Should operate in limited authorities.
 In the situation of emergency he should consult to the client.
 Maintain the financial records and commercial transactions for safety purpose.
 Provide protection to the possession and principals.
TASK 3
3.1 Explaining the anti-competitive practice monopolies
The UK monopoly is created in a situation where any business have more than
25% of market share or equal to this percentage effectively and efficiently. It helps to
provide significant power to the commercial businesses which can be easily misused in
personal benefit. In order to prevent from such unfair practice there are some legislation
of anti-competitive practice is developed by UK parliament.
Restrictive Trade Practices Act 1956 for goods and Restrictive Trade practices
Act 1976 for services: The act has an provision for providing direction and guidelines
to restrict unfair practices in the trade effectively (Kraakman and Armour, 2017).
Monopolies and Restrictive practices Act 1948 and Monopolies and mergers Act
1965: The act enforce commercial deal for expansion which can be in terms of merger
or acquisition will be blocked for public interests.
Competition Act 1994: The act is introduced by the UK government which helps to
control and manage the anti-competitive practices by different business firms effectively
and efficiently.
Competition Act 1980: The act help minister in terms of rights and power to charge the
investigation of monopoly practices used by the organisations that they are in interest of
public or not effectively (Buppert, 2014).
These are the monopolies and anti-competitive practice legislation in the UK
which helps party to ensure that the agent is not taking benefits and also prevent unfair
practices in the business by the management or any other person effectively.
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3.2 Explaining the role and characteristic of the Competition Commission
The UK parliament established the competition commission as an statutory body
which helps to prevent creation of anti-competitive practices effectively. Such type of
competition commission work according to the guidelines of OFT which stands for
Office of Fair Trading (Chesterman, Johnstone and Malone, 2016). In respect to this,
the commission provide suggestion and solution given by the OFT towards the issues
and problems. In respect to this, they have also responsibility to identify and ensure the
merger and acquisition is in interest of public or not efficiently. The UK Office of Fair
Trading now merged in the Competition and Markets Authority in regulating Monopolies
and Anti-competitive practices.
In respect to this, they continuously analyse and investigate the commercial deal
and operational activities which will help them to create restrictions on abuse of
monopoly rights effectively this will also help them to prevent from anti-competitive
practices. The main focus of Office Fair Trading is laying down the regulation and rules
for the nation of affair to be fair. This will also promote health and safety open
competitions. The OFT works for increasing the economy with the help of effective
trading in the market in terms of safety and fair transactions. The competition
commission regulate the monopolies and mergers which are present in the markets.
The commission helps to solve the problems with referred suggestion by OFT
effectively.
3.3 Defining dominant position
In terms of legal definition dominant position in context of commercial can be
defined as position influencing due to some rights of business which are substantial
undertaking related to the particular good or services in the market. There are some
elements which comprise this definition effectively discussed below:
 There is eligibility to reduce competition from the market (Harner and Rhee,
2014).
 Effectiveness and capacity to manage and control operations without getting
affected from trend or activities in the business.
Misuse and enforceability of dominant position: The Competition Act, chapter 2
Article 102 defines the description of misuse of dominant position effectively. According
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to this act the businesses engaged in anti-competitive practices should responsible for
paying the statutory penalties which will equal to the 10% of their global turnover
efficiently. Apart from this, the person will be disqualified from becoming a member of
board of directors.
Thus, the dominant position in the EU common market will help to reduce or
prevent competition in the trade markets towards the customers effectively. This will
also help to control and manage the operational activities. For an example, Tesco is in a
dominant position is able to behave independently of its suppliers, consumers,
competitors and the final customer. Tesco have authority to maintain the prices of
products and services in the market to compete others such as Sainsbury effectively.
Under the law from EU the dominant position is not illegal fr any firm that it is obtained
by selling a product or inventing something.
3.4 Considering instances
It is not necessary that a agreement which creates restrictions on competition will
always considered to be restricted effectively. Anti-competitive practices exemptions is
described in the article 101 (Marett, 2018). According to the article the agreement is
assumed as a harmless in case the parties are involved in and have the lower market
share comparatively and effectively. The deal will be not considered to be restricted if it
does not have any significant impact on trade or competition between members.
Therefore, the agreement will hold to be restrictive with objects it it is periphery
by competitions regulation and rules. Factors which are not considered as anti-
competitive but fair may the rejection towards the supply of product and service for any
business which is unfavourable and possessing credit ratings effectively and efficiently.
It will affect the image and goodwill of the firm in the market towards customers. The
misuse of this purpose will be regarded as an anti-competitive practices. The block
exemption will help to set a new bar which allow permits towards production in a firm
under the competitive environment.
TASK 4
4.1 Identifying and explaining intellectual property rights
The intellectual property rights towards the safeguards refers and related to the
owners intellectual creativity and capability effectively and efficiently. The main role of
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this law is to stop and reduce the unauthorised usage of any one else works. There are
some different forms of intellectual property rights which are discussed below:
Patents: Patents are provided by the help of submitting the application to the patent
office UK. The right will help in securing and protecting forms to be copied, reproduced
or sold without any permission from the person who invented or created them. The
length of a patent in UK is 20 years (Mitchell, Marshall and Ramsay, 2016).
Trademark: Trademark is a symbol, mark or can be sign which differentiate any
product from any other companies products and services effectively. Trademark is also
possible for graphical presentation if it is suitable and appropriate in terms of words or
pictures efficiently.
Copyright: The law of copyright mandate the reproduction and usage of new creation.
The law safeguards some certain works which are discussed below:
 Photograph
 featured films.
 Programs made by computers.
 Video and sound recordings.
 Magazines and journal articles.
4.2 Principles of protection against inventions and patent trademark
Patent is normally refers to the intellectual property right which is vested in the
discoverer of a new things by the government of UK as rights of territorial which extends
to 20 tears effectively and efficiently. There are so many principles relates to the
invention protection by means of patent breach and rights are mentioned and discussed
below:
 There should be confident situation for the invention in order to maintain and
make it patentable and effective (Buppert, 2014x).
 The patent should be qualified for application in industries.
 The process for applying the patent is too long and can take some years
effectively.
 The patent is possible to renew for a maximum period of 20 years efficiently.
Invention which are related from the development of car industries can be
patented only if the the the patent is choose right and appropriate according to the
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market segmentation and also fill the rules and regulations formulated by the UK
government (Burnham, 2016). The correct and appropriate patent will be accepted and
ready to use for the firm effectively. Patent violation is punishable that it is a illegal
activity in which the offender is liable to pay the gross penalty.
4.3 Principles related to protection of copyrights
Copyright protection feature films, original video and sound recordings, artistic
and musical work, literary work etc.(Roach, 2016). The copyright act defines that the act
remain established and effective for 70 years in case the creator is dead. In addition to
this, the length for sound and video recordings is 50 years and 25 years for typology
arrangement. The copyrights, Patent and Design Act 1988 refers to regulate the
copyright's right that no body can misuse the product and services created by original
creator effectively. This will be applied for the process as well. The copyrights also will
be breached and determined if the same are sold and made, exhibited in pubic or
importing the infringed copies without the permission of the owner of copyright.
Copyright violation is not considered as criminal offence. Copyright breaching will be
considered as an criminal offence if it is done purposely on a substantial level of
organisation during the course. Interpretation is relates to creation which is developed
individually and independently which will applies to a work regarded as skill and original
effectively (Beatty, Samuelson and Abril, 2018). The all procedure defines that nobody
can copyright the product and service developed by the original creator in terms of
Drama, Artistic, sounds and recordings, feature film and typological arrangement of
published editions effectively and efficiently. The legal rules such as patent and design
act and article which shows that there is no rights for any individual or firm to copy the
trademark or any other important information created by any other original creator
effectively.
4.4 Trademark protection and names of business comparison and contrast
The Trademark Act 1994 defines the registration process of the trademark. It will
cover the elements used in making the trademark effectively such as registration,
infringement and licensing. The act also involves the national and international aspects
in order to the trademark. The third part of the act refers to providing administrative
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aspects and the final part explain the miscellaneous and general provisions effectively
and efficiently.
BASIS OF DIFFERENCE TRADEMARK BUSINESS
DEFINITION The trademark is defines as
a symbol, design and mark
which help business to
differentiate its products
and services from others in
the market effectively
(Jackson, 2015).
Business name is a legal
name from which company
describe its activities in the
market towards public and
also recognized by the
people.
USE The trademark will help
both business and
customers to identify the
particular product and
service in the market
among others efficiently.
The business name is
utilized in order to recognize
the name of company in
front of people in the market
which helps to see the
product and service in a
different way among others.
INFRINGEMENT Trademark help an
authorized owner to take
appropriate action against
the person who copyrights
the implications used by
real owner (Besley, 2015).
There are legal rights to
take action against
copyright violation in both
company act and
intellectual property act
(Robinson, 2017).
CONCLUSION
It can be concluded from the above report that business law in practice is
important for both an individual and company which operates activities in the market
effectively. Sale and supply of goods and services act will help Ben to understand the
plan and policies signed by him and also his legal rights to claim against the car dealer.
Statutory provisions and different types of credit agreements will help Ben to buy the
car. Agencies and different type of agent who contributes towards selling a product on
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behalf of seller. Anti-competitive practices and monopolies are also legislation in the
UK. The role of competition commission and OFT is also important in terms of merging
and acquisition. There are so many form of a intellectual property rights and also the act
regarding the copyrights in the market. Trademark protection related act also help
business to prevent from copyrights activities.
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REFERENCES
Books and Journals
Appleman, J.A., Appleman, J. and Holmes, E.M., 2015. Excuses for Nonpayment and
Defenses to Actions for Premiums (Vol. 5). Appleman on Insurance Law and
Practice.
Allen, W.T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Conforti, B. and Focarelli, C., 2016. The law and practice of the United Nations. Brill.
Hovenkamp, H., 2015. Federal Antitrust Policy, The Law of Competition and Its
Practice. West Academic.
Stokes, S., 2014. Digital copyright: law and practice. Bloomsbury Publishing.
Bassiouni, M.C., 2014. International extradition: United States law and practice. Oxford
University Press.
Halliday, T.C. and Shaffer, G. eds., 2015. Transnational legal orders. Cambridge
University Press.
Chesterman, S., Johnstone, I. and Malone, D.M., 2016. Law and practice of the United
Nations: documents and commentary. Oxford University Press.
Harner, M.M. and Rhee, R.J., 2014. Deal Deconstructions, Case Studies, and Case
Simulations: Toward Practice Readiness with New Padagogies in Teaching
Business and Transactional Law. Am. U. Bus. L. Rev., 3, p.81.
Marett, P., 2018. Information law in practice. Routledge.
Mitchell, R., Marshall, S. and Ramsay, I., 2016. Law, corporate governance and
partnerships at work: a study of australian regulatory style and business practice.
Routledge.
Burnham, W., 2016. Introduction to the law and legal system of the United States. West
Academic Publishing.
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Essentials of Business Law.
Cengage Learning.
Jackson, D., 2015. Employability skill development in work-integrated learning: Barriers
and best practice. Studies in Higher Education, 40(2), pp.350-367.
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Robinson, K., 2017. The UK's Second Deferred Prosecution Agreement-Implications for
Parent Companies and Lessons for the Future. Business Law International, 18(2).
Besley, T., 2015. Law, regulation, and the business climate: The nature and influence of
the World Bank Doing Business project. Journal of Economic Perspectives, 29(3),
pp.99-120.
Roach, L., 2016. Card and James' Business Law. Oxford University Press.
Buppert, C., 2014. Nurse practitioner's business practice and legal guide. Jones &
Bartlett Publishers.
Kraakman, R. and Armour, J., 2017. The anatomy of corporate law: A comparative and
functional approach. Oxford University Press.
Ruggie, J.G. and Sherman III, J.F., 2015. Adding Human Rights Punch to the New Lex
Mercatoria: The Impact of the UN Guiding Principles on Business and Human
Rights on Commercial Legal Practice.
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