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Business Law Assignment Solved Paper

Added on - 08 Dec 2020

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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................31.1 Legal rules of implied terms of sale of goods and service ..................................................31.2 Statutory provisions on transfer of property and possession................................................41.3 Statutory provisions on buyer's and Seller's remedies in sale of goods contract.................51.4 Product liability legal rules and statutory provisions for faulty goods.................................5TASK 2............................................................................................................................................62.1 Different types of credit agreement used by Ben as a consumer..........................................62.2 Analysing the legal rules on termination of rights and default notices in future payment..62.3 Analysing the general features of agency and different types of agents..............................72.4 Rights and duties of an agent...............................................................................................7TASK 3............................................................................................................................................83.1 Monopolies and Anti competitive practice legislation in UK...............................................83.2 Role of Competition Commission in context of competitive practices................................83.3 Examining the dominant position within EU........................................................................93.4 Considering various exemptions to be made under Anti – Competitive practices.............9TASK 4..........................................................................................................................................104.1 Different form of intellectual property rights.....................................................................104.2 Principles relating to protection of patent inventions in terms of infringements...............104.3 Principles relating to copyright protection and the legal rules preventing the infringement....................................................................................................................................................114.4 Comparing the protection of trademark and their business names....................................11CONCLUSION..............................................................................................................................12REFERENCES..............................................................................................................................13
INTRODUCTIONBusiness law are such laws which are designed for the businessman and their employeesworking in the organisation. It imposes laws which are related to civil and criminal matters andevery person is bound to follow the norms and standard which are imposed by the government tocarry out their activities which are related to society (Business law,2019).As the businessactivities are directly or indirectly influencing the social matters at the time of deliveringservices. As the business laws are imposed on both public and private companies and it alsoregulates various laws relating to public and private law. Business law not only covers underethical behaviour of the companies bust also includes various laws such as sales of goods act,transfer of property act, dealing with credit cards to the customers and also helps in formation ofcompany matters. Present case study is based on Ben and their car dealers and this reflect therelationship between business organisation and their consumers.Report will include the various rules of implied terms relating to the sale of goods andsupply services to Ben at the time of purchasing the car (Lloyd, 2017).It also includes the rulesand laws regarding the consumer credit and agency which is provided to Ben at the time ofpurchasing the car through credit card. Further it also includes various findings relating tobusiness involved in monopolistic or anti competitive practices in UK. Lastly the report endswith various laws relating to intellectual property rights in context of business.TASK 11.1 Legal rules of implied terms of sale of goods and service .In a sale of goods and services the seller is liable to the certain liabilities which areattached to the sale of goods. These liabilities cannot be separated from any contract regulated bythe Act. The statute requires the seller to promise that :11the seller is lawfully authorized for the sale of those goods services11the goods are matching to the description provided11the goods are suitable to the customers needs11the goods provided have satisfactory quality (Allen and Kraakman,2016).11The goods match to the sample which is shown to the customer at the time of purchasingthe product.
The implied terms of the sale in the customer goods and services applies both on newproducts and the second hand products. The seller can be held liable for any breach of contract ofthe goods and services. The breach of these terms can put the buyer on strong position in the caseas:these terms impose a strict liability on the seller. The seller will be held liable even withthe fact that seller is unaware of the conditions in the contract. The seller will be strictlyliable even without being proved by buyer (Beatty, Samuelson and Abril, 2018).These terms are defined as the condition of the contract. With the breach of the conditionin the contract the victim is restrained from the further performance and there iscontractual liability to refund the money under the contact.In the given case Ben can sue the car dealer as he misrepresented the condition of the caras good and better service but the car was not up to the mark. Also the car shown in display wasdifferent from the car Ben bought. Further the car was not in satisfactory with the requirementsof the owner Ben .1.2 Statutory provisions on transfer of property and possessionThere are some laws stated in the sale of goods at which provides the statutory rulesgoverning the transfer of title from seller to buyer (Cameron, 2017). The rules are listed below:The goods must be ascertained for property in goods. In this case the goods to be sold areascertained at the time of making of the contract of sale of goods and the goods comeunder the definition of goods. In some cases the goods are not ascertained while makingthe contract of sale, this can be goods which are manufactured after making of thecontract (Miller and Jentz, 2017). In the case the goods that is Car was ascertained goodsin the definition of the goods.There have to be crucial interest of the parties. This implies that the ascertained goodswill be transferred in the specified time in the contract of sale or it can be implied withthe contract, trade norms. Usually the goods are transferred after the payment of price ifthe product.Where there is no intention is indicated there rule applies. This include that the transfer ofgoods is on fulfillment of some conditions. In the case the goods have been transferred tothe buyer and were unconditional (Schulman, Moscow and Lesser, 2017).
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