(Doc) Case Study on Business Law
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Added on 2021-01-02
(Doc) Case Study on Business Law
Added on 2021-01-02
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Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Recommendation given to Ben on legitimate rules related to sale of goods and supply ofservices........................................................................................................................................11.2 Legal norms on transfer of possession..................................................................................21.3 Legitimate provisions on purchaser and seller’s rectification in sale of goods contracts.....21.4 Examine and suggest on merchandise obligation judicial rules and statutory norms...........3TASK 2............................................................................................................................................32.1 Types of credit agreements...................................................................................................32.2 Rules, termination rights and default notices........................................................................42.3 Significant attributes of Agency an distinguish between various types of agent..................42.4 Assess the authorities and obligation of an agent.................................................................5TASK 3............................................................................................................................................6Covered in PPT...........................................................................................................................6TASK 4............................................................................................................................................64.1 Several types of intellectual property....................................................................................64.2 Law regarding to design through patent authority and legitimate obligation preventinginfringement................................................................................................................................74.3 Rules regarding to copyright prevention and regulations preventing infringement.............74.4 Contrasting between prevention of trademarks and organizational names...........................8CONCLUSION................................................................................................................................8REFERENCES..............................................................................................................................10
INTRODUCTIONBusiness law is all about necessary norms, beliefs, rules and regulations which is appliedon overall corporate park for reducing the chances of mistakes and errors. Legal bodies areplaying very crucial in enhancing the performance of an organization by implementingnumerous of laws and acts on association. Their main objective is to create peaceful environmentat marketplace in order to maximize the national income by offering best facilities to commonpeople . Therefore, assignment is going to highlight major legal laws which is applicable on saleof goods and acts related with purchasing of products. However, overall report is based on Ben'scase study in which he is engaged in a wrongful conduct. Thus, assignment is covering numberof factors such as; types of credit agreements, rights of agents, types of agency, laws related withanti-competition and so on. Furthermore, legal rules which are designed for protectingintellectual properties are going to framed as well as showing the comparison between businessnames and trademarks. Hence, it has been understood that legal rules and regulations are playingeminent role in preventing innocent parties from wrongful conducts. TASK 11.1 Recommendation given to Ben on legitimate rules related to sale of goods and supply ofservicesAs per given contextual investigation Ben's are confronting a noteworthy issue afterpurchasing a second hand vehicle because of procuring wrong data and information about theitem. In this way, as indicated by section 12 of sales of goods act 1979 it has been recognizedthat inferred circumstances expressed that vendor has the authorisation to offer their items pertheir terms and conditions. In addition, different sections of this demonstration comprise of otherimportant data which must be considered while including in an agreement, for example,Section13-Goods must have in a same circumstance according to depiction is given and Section 14 – Itsabout 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 obtainingtime 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 forwhich it is composed. In this manner, in a given situation car get obstructed while travelling andits speed is likewise constraining in a sudden circumstances.Clause 9 as mentioned in Ben's case1
is actually an exclusion clause and according to section 13, sub-clause 1 of Unfair ContractTerms Act 1997, if the the goods are hampered due to the negligence of the buyer then seller isnot responsible for it, but it is necessary that goods are of satisfactory nature. Such clause has noeffect on the contract when the information Is hidden by the seller because, it is the duty of himto disclose all the information which is related to the goods.In the case of Ben, complete information was not given to him, hence the exclusionclause has no effect on the contract. Also the concealed fact was the reason of the improperfunctioning of the vehicle.1.2 Legal norms on transfer of possessionThe statutory condition covers the transferral of belongings and ownership under the Saleof Goods Act, 1979, which is acknowledged under 5. Title and Passing of Belongings. Thevendor title (a) Section 12 sale of Goods act 1979 according to this the vendor have the authorityto sell the items. Transferral of belongings between marketer and purchaser. Under this law thereare various outcomes that comes from the passing of belongings, including, if the property asproducts soled to the customer then they will have the title on the property, in proceeding themarketer become bankruptcy still in that situation they have right on the property. The authorityto sue a tertiary party for the compensation or failure of the property depends on the title of thebelongings on that period. Uncertainty associated with the property will be passed to anotherparty on the time of transfer of the property.Further are the statutory provisions that can apply by Ben, Section16, the possession of goodswill transfer to one individual to some other if they are ascertain. Section17, under this sectionthe goods must be determined or particular, but the belongings can be pass only when the ownerintended to pass it. 1.3 Legitimate provisions on purchaser and seller’s rectification in sale of goods contractsThe statutory rules and regulations on buyers and sellers correction in the selling of goodsact 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 discussedin section 50. According to it a seller can file a suit against the buyer for the not accepting thegoods and as per section 49, a buyer can be sued for he non payment of goods. Also there are2
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