(Doc) Case Study on Business Law

Business law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Recommendation given to Ben on legitimate rules related to sale of goods and supply of
services........................................................................................................................................1
1.2 Legal norms on transfer of possession..................................................................................2
1.3 Legitimate provisions on purchaser and seller’s rectification in sale of goods contracts.....2
1.4 Examine and suggest on merchandise obligation judicial rules and statutory norms...........3
TASK 2............................................................................................................................................3
2.1 Types of credit agreements...................................................................................................3
2.2 Rules, termination rights and default notices........................................................................4
2.3 Significant attributes of Agency an distinguish between various types of agent..................4
2.4 Assess the authorities and obligation of an agent.................................................................5
TASK 3............................................................................................................................................6
Covered in PPT...........................................................................................................................6
TASK 4............................................................................................................................................6
4.1 Several types of intellectual property....................................................................................6
4.2 Law regarding to design through patent authority and legitimate obligation preventing
infringement................................................................................................................................7
4.3 Rules regarding to copyright prevention and regulations preventing infringement.............7
4.4 Contrasting between prevention of trademarks and organizational names...........................8
CONCLUSION................................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
Business law is all about necessary norms, beliefs, rules and regulations which is applied
on overall corporate park for reducing the chances of mistakes and errors. Legal bodies are
playing very crucial in enhancing the performance of an organization by implementing
numerous of laws and acts on association. Their main objective is to create peaceful environment
at marketplace in order to maximize the national income by offering best facilities to common
people . Therefore, assignment is going to highlight major legal laws which is applicable on sale
of goods and acts related with purchasing of products. However, overall report is based on Ben's
case study in which he is engaged in a wrongful conduct. Thus, assignment is covering number
of factors such as; types of credit agreements, rights of agents, types of agency, laws related with
anti-competition and so on. Furthermore, legal rules which are designed for protecting
intellectual properties are going to framed as well as showing the comparison between business
names and trademarks. Hence, it has been understood that legal rules and regulations are playing
eminent role in preventing innocent parties from wrongful conducts.
TASK 1
1.1 Recommendation given to Ben on legitimate rules related to sale of goods and supply of
services
As per given contextual investigation Ben's are confronting a noteworthy issue after
purchasing a second hand vehicle because of procuring wrong data and information about the
item. In this way, as indicated by section 12 of sales of goods act 1979 it has been recognized
that inferred circumstances expressed that vendor has the authorisation to offer their items per
their terms and conditions. In addition, different sections of this demonstration comprise of other
important data which must be considered while including in an agreement, for example, Section
13-Goods must have in a same circumstance according to depiction is given and Section 14 – Its
about nature of item that implies it must fulfilled the clients with best quality.
Henceforth, if the purchaser item is recognized as a faulty within a half year of obtaining
time period then broker must have right to break the concurrence with customers. That is to say,
section 14 is connected with this circumstance because buying product must fulfils the reason for
which it is composed. In this manner, in a given situation car get obstructed while travelling and
its speed is likewise constraining in a sudden circumstances. Clause 9 as mentioned in Ben's case
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is actually an exclusion clause and according to section 13, sub-clause 1 of Unfair Contract
Terms Act 1997, if the the goods are hampered due to the negligence of the buyer then seller is
not responsible for it, but it is necessary that goods are of satisfactory nature. Such clause has no
effect on the contract when the information Is hidden by the seller because, it is the duty of him
to disclose all the information which is related to the goods.
In the case of Ben, complete information was not given to him, hence the exclusion
clause has no effect on the contract. Also the concealed fact was the reason of the improper
functioning of the vehicle.
1.2 Legal norms on transfer of possession
The statutory condition covers the transferral of belongings and ownership under the Sale
of Goods Act, 1979, which is acknowledged under 5. Title and Passing of Belongings. The
vendor title (a) Section 12 sale of Goods act 1979 according to this the vendor have the authority
to sell the items. Transferral of belongings between marketer and purchaser. Under this law there
are various outcomes that comes from the passing of belongings, including, if the property as
products soled to the customer then they will have the title on the property, in proceeding the
marketer become bankruptcy still in that situation they have right on the property. The authority
to sue a tertiary party for the compensation or failure of the property depends on the title of the
belongings on that period. Uncertainty associated with the property will be passed to another
party on the time of transfer of the property.
Further are the statutory provisions that can apply by Ben, Section 16, the possession of goods
will transfer to one individual to some other if they are ascertain. Section 17, under this section
the goods must be determined or particular, but the belongings can be pass only when the owner
intended to pass it.
1.3 Legitimate provisions on purchaser and seller’s rectification in sale of goods contracts
The statutory rules and regulations on buyers and sellers correction in the selling of goods
act are granted in the Sale of Goods Act, 1979.
A seller is entitled for two types of remedies, personal remedies and real remedies.
Personal remedies comply with the non acceptance of goods by seller which has been discussed
in section 50. According to it a seller can file a suit against the buyer for the not accepting the
goods and as per section 49, a buyer can be sued for he non payment of goods. Also there are
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other remedies like lien, stoppage of goods in transit and resale has been given to seller, as per
section 41 to 48.
Remedies for the buyer, according to this element it has been analysed that users are having extra
authorities as per the act; 5A SGA 1979 in which they don't compel with the selling agreements
at the time of transferral or for specific duration that is of six months from the purchase. Under
Section 48B (1) of SOGA act 1979 the buyer may require to reparation or exchange the product
at marketer cost. Section 48C (1) decrease of cost, refers to reduction of the price from seller's
side if they fails to repair or replace the products. Also, as per section 11 and 15A buyer can
reject the goods if they are not of satisfactory condition. Under section 51 he can sue the seller
for failing in the delivery of the goods in said time and is entitles for remedies cause due to
damages incurred on breach of warranty, as per section 53.
1.4 Examine and suggest on merchandise obligation judicial rules and statutory norms
Goods considers defective in case of unrecorded up the circumstances of merchandise as
in the information of bidding law and in another sight, if the product is harmful for the person
and his property, so the product liability law given under Section 3(1) of the consumer protection
act 1987. In Ben's case partial conditions in Consumer Contracts Regulation 1999, provides the
security to him as being a consumer and victim, so the seller is bound to repair or exchange his
car.
Product liability is a matter of tort. According to it there are three conditions when a
person is liable of selling tempered goods negligence, strict liability under Part I of the
Consumer Protection Act 1987 (herein after, CPA 1987) and breach of statutory duty under Part
II of the CPA 1987.
There is a separate liability of a seller and buyer, It is the liability of parties to take
precautions of their goods (Stennet v Hancock and Peters, 1939).
Part I of the CPA 1987, includes a strict liability, a seller is liable for the defect or
damage to the goods unless a defence fact is given as-per section 4. it is certain to prove
damage by the claimant, defect in a product and the damage is caused by it. The defect has been
described under section 3 as the product is not of satisfactory nature as expected by the buyer. A
liability can not be limited or excluded by any contract term, notice or any provision in an
agreement or contract.
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The breach of statutory duty results in creation of criminal offence as per the Part II of
CPA 1987, it also authorise the Secretary of State to make safety rules in respect of the specified
goods and to provide a civil remedy for the loss occurred.
In the case of Ben, the cause of accident was due to the incompetency of the vehicle. The
seller shall provide the remedy to the claimant, as it was his liability of not selling a defective
vehicle. The losses they have incurred shall be given by the seller and also they shall be provided
with civil remedy.
TASK 2
2.1 Types of credit agreements
Ben has a desire to purchase a new car with the replacement of his old car, but he has
lack of amount to purchase a new car, so there are some creditor’s in the market who lends
money according to the consumer credit agreement. User credit agreements are those agreement
which offers debt to the user or take the credit for a particular duration of time, after the
completion of time period the amount of have to be return. According to Consumer Credit Act
1974, number of credit agreements are identifies, Restricted use of credit, as the title defines
itself is the credit is provided under the agreement is restricted to use by creditors but the debtors
can be use the money in way they want, although some uses can be contravene this agreement or
other agreements. Unrestricted use of credit is not covered under the section 11(1) of consumer
credit act 1974, and it offered with this contract is free to use. Debtor-creditor suppliers
contracts, there is an arrangement which is designed as per section 12 in client credit contracts,
the unrestricted agreement is formalized by the creditor as per pre – existent set up betwixt
himself and suppliers with the acknowledgement that credit is to be use for accounting
transaction between the debtors and the suppliers. Debtor-creditor agreements, this
correspondence is fall as per section 13 of consumer credit agreement 1974, and only the debtors
and the suppliers has the knowledge that the finance is use to make transactions between the
them, there is no involvement of creditor and it is not come under any active arrangements.
2.2 Rules, termination rights and default notices
Ben have the authority to end a credit written agreement with the laws of consumer
protection act, 1974 at any instance of time but before signing an agreements or within 14 days
of signing agreements. Before terminating or breaching the agreement
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Ben have to inform the creditor that he is cancelling the agreements through a written
notice which is known as giving notice in default case. In giving notice the creditor or the
proprietor is not eligible to end a controlled contract except by, that means only the informer
who is giving the notice only mentioned in the notice.
Ben has the right to make early payments what are due, the Arrears Notice must be send
by the loaner along with Financial Conduct Authority (FCA) information sheet but it can be
exempted in the presence of Green deal plan. After that the borrower is also have to send Ben a
failure notification which should also consider FCA data sheet that is also available from its
website, the default notice contains the information and clauses that are applicable in specific
circumstances, it is a notice to Ben that tells him that what he can do in proper manner to avoid
the consequences, and the clauses that covers the conditions what can happen if Ben is not
capable to clear the amount which he borrowed. Depending on some reason, an investor can also
send notice to Ben, in certain condition when they lender wants to add some extra charges on
him, but if the creditor give any wrong information about Ben then they are not eligible to sue
him the court and in the same Ben also has the right to take the help from Citizens Advice
Bureau.
2.3 Significant attributes of Agency an distinguish between various types of agent
An agency refers to a relation which is created either by the express or implied lawful
contract, where one party is known as principal or constituent, gives the authority to represent
them with a transaction of lawful business, this authority assigned to perform some act on their
behalf or in relation to their rights or property. There are different types of agents according to
their nature, such as, a general Manager, who has the right to carry out a huge range of
transaction on behalf of principal, but the responsibilities of an agent can be restricted or extend
depends upon the behaviour of a business, and a general manager could be a manager in a
business who has some definite or indefinite liabilities. Special agent , aids to accomplish a
specialized activity, they are hired to for a certain cause in which they are have the specialisation
and that is their field. For example, a share broker has a prodigy in shares and for that purpose
only they can be hired.
There are certain features of agency, like, an agent represents principal while dealing
with third party, they have the responsibilities towards the principal. In a contract of agency
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constituents delegates their authority to the agents to perform the things on their behalf, the
contract come in existence after the appointing an agent along with the envoy of authority.
2.4 Assess the authorities and obligation of an agent
An Agent is such person who has been appointed to perform the duties as assisted by its
principal. On the concourse of his performance he is eligible for certain rights and duties. The
liability of principal are the rights of an agent.
The rights such as getting remuneration, compensation, to retain money. Lien and
indemnity has been given to an agent. It is the right of an agent to get back the amount which he
has spend during his service, also he is entitle for the compensation of any loss incurred during
such period.
If an agent spends any amount of money for the betterment of the business then he has
right to retain the amount which he has spend on it. Also he has right to retain the goods of a
principal on the non payment of what he has spend on that good. The agent has a right to be
indemnified for the responsibilities that is over him.
Apart from rights he has some duties in the course of his service such as obey the
instruction of principal, conducting the business, maintaining the account and presenting it to the
principal and to return the undue profit. Also he is responsible for communicating with the
principal, paying the sums which he received on his account and in the case of demise of his
principal, he should guard the business.
TASK 3
Covered in PPT
TASK 4
4.1 Several types of intellectual property
There are number of intellectual property are identifies namely licenses, trademarks and
copyrights.
A patents security is gained to ensure new innovations, it significantly secures the
highlights and process that make the articles to work. It help to acquire more or more benefit to
designers with respect to their developments. The creators have the licenses yet they must met a
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few criteria to have protected innovation rights, such as, development must be new, it must have
a creative advance, it must have the capacity to being utilized or made in some industry and on
contrary to this if it satisfied every one of the criteria then the safety is granted for a long time
by United Kingdom Intellectual Property Office.
Designs are enlisted configuration is a legitimate authority which secures general visual
visual aspect of an item or just a portion of goods in the nation in which specific object is going
to certified. An outline can be characterize in general or part of the item that outcomes from its
highlights, particularly as far as lines, shading, shapes, surface or material of that item. To enlist
a plan it is required that the outline must be just bit of work and have an individual character.
Trademarks are the signs which recognizes an item and administrations, it is related with
an organization, that makes a major contrast in ID among other organization's items. It can
incorporates any sort of stamp like logo, words, and a mix of both. This is likewise enlisted in
Intellectual Property Office, however there is a some particular criteria must be finished, for
example, trademarks ought to be utilized as an unmistakable for the products and ventures. It is
an indication that are utilized to perceive a thing make a separate it from other organization items
that are comparative sort of. It must not depict an item no one but, they can be enrolled.
Trademarks can be enlisted for a time of ten years.
Copyrights is utilized to ensures scholarly works, for example, books, manuals, tunes,
shows, music, aesthetic works like canvases, photos, recording, communicates of a work.
Copyrights is applicable on every type of average, it doesn't guarantee thoughts for a work. In
UK copyright secures by one of the most successful associations that is Copyright Designs and
licenses Act 1988.
4.2 Law regarding to design through patent authority and legitimate obligation preventing
infringement
There are number of helpful things that can be accomplished through licenses in a
assocition situation, the rights are -
The patent authority incorporates a type of legitimate activity so other's must not have the
capacity to imitate, collecting, providing and delivery in a man's patent without authorisation.
Patent legal law offer privilege to design legitimate move under common law so the
improvement can be secured. Licenses has granted few rights to the individual. A man can offer
his developments with all the licensed creativity rights. Consented to give the permit to other
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individual yet have the licensed innovation authorities. To talk about the creation with others so
business can be based around the innovations.
Patent infringement encroachment denoted to utilizing producing, substance or bringing
in a patent of product without permission.
4.3 Rules regarding to copyright prevention and regulations preventing infringement
The proprietor saves a few privileges of the copyrights as far as business - The copyright
proprietor has two rights moral and financial, moral rights perceived as a creator though the
monetary rights alludes to ideal to extra the activity, suitable to disperse work, for broadcasting
and adjusting the activity. The copyrights are given for deep rooted, that implies copyrights
authority last till the creator's life and seventy years after the passing.
The infringement of the copyrights come in the presence when somebody duplicated
some measure of work at that point copyright proprietor has been incorporated with some cures,
such as, directives are the requests that limits the duplicate, show or medium the work. And,
records of profits,are those benefits which are given to the copyrighter proprietor with a specific
end goal to convey the work.
4.4 Contrasting between prevention of trademarks and organizational names
There is a major variation between prevention of enterprise names and trademarks. An
organizations house is in-charge of business enrolment, an administration law and trademark law
is not quite the same as each other. In the event that a name is enlisted as a business name then it
isn't qualified to enlist as trademark right.
An organization name additionally not adequate as a trademark, when its not particular, is
an expressive word, if the word demonstrates the geographical source of an item and it might be
already register as a trademark.
A trademarks can't be enlist as an organization name, if in the event that the proposed name is
like other company name , the name is as of now listed as an enterprise name, is illicit in nature
and it has major linked with government.
CONCLUSION
From the above assignment it has been concluded that number of legal laws are identified
which plays a very eminent role in protecting society from wrongful conducts in appropriate
manner. Main objective of legal bodies is to create a nation free from discriminatory activities in
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order to develop their economy at global marketplace. Business law helps in enhancing the
performance of entire corporate park by implementing number of acts in appropriate manner.
Therefore, overall report is focussing on preventing various rights of seller and buyers by
showing necessary acts and laws. Mainly, it has been assessed that corporate companies are
trying to implement numerous of laws and activities at workplace in order to prevent their
business names and intellectual properties from getting misused. Along with this, overall
assignment is throwing lights on activities which plays a very eminent role in preventing
authority of consumers such as; consumer protection act, enterprise regulation act and so on.
Throughout the study it has been understood that while involving in a contract companies as well
as every individuals needs to consider necessary facts or figures for reducing the probabilities of
losses.
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REFERENCES
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Online
Alternative dispute resolution (ADR). 2017. Available through
<https://www.citizensadvice.org.uk/consumer/alternative-dispute-resolution/settling-
out-of-court/>.
Alternative dispute resolution. 2017. Available through
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dispute-resolution>.
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