Business Law and Ethics Analysis

The provided document is a comprehensive report on business law and ethics, covering various aspects such as the importance of business laws for society, anti-competition laws, mergers and instructions, legal rules by legitimate bodies, rights and duties of agents, and credit agreements. The report also touches upon case-based planning, the World Bank Doing Business project, corporate governance, and business valuation.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Ben on legal rules of implied terms related to sale of goods and supply of services............1
1.2 Statutory provisions on transfer of property and possession................................................2
1.3 Statutory provisions on buyer's and seller's remedies in sales of goods contracts................2
1.4 Product liability legal rules and statutory provisions for faulty goods.................................3
TASK 2............................................................................................................................................4
2.1 Types of credit agreements...................................................................................................4
2.2 Legal rules on termination rights and default notices...........................................................4
2.3 General features of agency and differentiate between types of agents.................................5
2.4 Rights and duties of agent to assist Ben understand position...............................................6
TASK 3............................................................................................................................................7
Covered in PPT...........................................................................................................................7
TASK 4............................................................................................................................................7
4.1 Different types of intellectual property rights.......................................................................7
4.2 Principles relating to protection of inventions through patent rights and legal norms
preventing their infringement......................................................................................................8
4.3 Principles relation to copyright protection and preventing infringement.............................8
4.4 Compare and contrast protection of trademarks and business names...................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Business law is all about enacting numerous of acts, orders, amendments, rules and
regulations for protecting individuals from exploitative activities. Main objective is to prevent
society from getting misused in order to establish peaceful environment. However, laws are
indispensable for corporate world because business members are involving in numerous of
agreements which are hard to handle (Bebchuk and Jackson, 2012) . Therefore, overall
assignment is based on Ben's case study who is engaged in credit agreements in order to
purchase vehicle for personal use. Sales of goods acts and laws related with transferring of
property possession are discussed in this report. Additionally, various types of credit agreements
and its statutory provision related with termination of rights is going to explained for
understanding the entire case study. Furthermore, monopolies and anti-competitive practice is
also explained which helps in understanding the necessary terms or conditions of agreements.
Additionally, various types of intellectual properties are identified at marketplace which aids in
understanding their rights as well as legal terms related with this. Last but not the least,
differences between business names and trademarks are also discussed in this assignment.
TASK 1
1.1 Ben on legal rules of implied terms related to sale of goods and supply of services
As per given contextual investigation it has been surveyed that Ben's is confronting a
various issues while including in acknowledge understandings related for items data. Be that as it
may, according to the legitimate standards there are a few demonstrations and controls which is
inferred at a bargain of products and additionally supply of administrations. According to the
section 12 of sales of merchandise act shows that dealer of any items have lawful rights to offer
their items by utilizing different proper systems and plans (Law, 2016) . Then again segment 13
suggests that merchandise must have same according to it was portrayed. While, segment 14 says
that things must be fulfilled the quality which was examined in paper. Along these lines, as
indicated by this law items which is recognizes as a defective inside the a half year of its
purchasing then it is discovered flawed from the earliest starting point of its buying day.
Alongside this, parties must have specialist to break the agreement according to their terms and
conditions for controlling possibilities of any missteps.
1

On in spite of this, section 14 (3) says that merchandise need to fit for particular reason
for which it was outlined. For instance; in given contextual analysis Ben is purchasing vehicle
for their own utilization however lamentably he was associated with a wrongful assertions since
items isn't same as it was said in depiction. In this way, all the above areas are relevant in given
situation for settling issues in a characterized time span.
1.2 Statutory provisions on transfer of property and possession
In given situation it has been evaluated that ownership of vehicle is exchanging starting
with one gathering then onto the next in compelling way by fulfilling their customers in a
characterized time allotment (Hammond, 2012) . Therefore, while including in these sort of
understandings it is basic to get mindful about the vital points of interest and arrangement related
with exchanging of property. Hence, a portion of the crucial arrangement and segments in
regards to property exchanging under offers of products acts 1979 are examined as takes after::-
Segment 5 is connected in this that is "title and transferring of property".
 Segment 5.1 (a) features that merchant have the specialist to offer their outlined items
 Segment 5.2 is for indicating exchanging of title amongst dealer and buyer. In this
demonstration, it is expressed that on account of any broken item at that point have the
expert to sue third party for any harms and misfortunes with a specific end goal to recoup
it in least length.
Essentially, it has been comprehended that Ben must utilize number of legitimate laws
and different segments of 5 while exchanging the property or title from vendor to him so that
identified issues can paisley get resolved in best manner. In any case, it is essential for resolve
certain issues in a coveted time period for controlling it as quickly as time permits. Principally, a
few number products acts and segments are utilized under this for settling particular issues and
clashing circumstances which may happened amongst vendor and purchaser.
1.3 Statutory provisions on buyer's and seller's remedies in sales of goods contracts
A portion of the real laws related with purchaser and merchant cures under offer of
merchandise are area 38 of SOGA 1979 whose fundamental goal is to demonstrated that dealer is
consider as unpaid vendor when general cost of items isn't paid or it is possible that it will be
paid through cheque (Besley, 2015) . Subsequently, a portion of the significant privileges of
unpaid vendor is depicted as takes after:-
2

Section 39 SOGA 1979 said that dealer must have expert to lien on particular items and
in addition specialist to hold merchandise for specific cost until and unless he/she is still have
title of ownership. Aside from this, if buyer end up bankrupt then dealer must have chance to
stop the transferral of products.
A portion of the major or suitable cures are; section 41-43 it implies expert against the
merchandise is lien, area 44-46 implies stoppage of products transferral, segment 48; in this
maintenance and re-offer of item merchandise which is controlled by deals act.
Personal remedies are; specialist against purchaser segment 49 is activity for cost of
products and area 50 ; right of renunciation if there should be an occurrence of any harms.
Remedies of purchaser; according to lawful laws customers are having various of expert
under the section 5A SGA 1979. Aside from this, as per segment 48B (1) of SOGA act 1979
repair or substitution customers have the privilege to supplant any items if there should be an
occurrence of any false exercises (Allen, 2017) . Then again, segment 48 C (1) demonstrating the
specialist of shopper that they have the privilege of lessening the item cost according to their
conclusions.
Henceforth, it has been comprehended that all the above laws and standards are
connected on Ben' s case so he can resolve the issue in a base time allotment and fulfilled needs.
1.4 Product liability legal rules and statutory provisions for faulty goods
In this situation item risk is falls under law of tort and additionally shopper insurance act
1987. A standout amongst the most prominent instance of item risk is of Donoghue v Stevenson
1932 in this situation Lord Atkin gave the choice that maker of item have the specialist to deal
with particular merchandise so shoppers can't confronted any issue. Alongside this, attempting to
control the potential outcomes of damage which is endured by customers because of harm.
Rather than this, one of the significant circumstance is that "when the merchandise is
considered as deficient" ; fundamentally any item is considered as flawed in two principle
circumstances; at first when any item is not able to satisfied the states of products according to
the parts of understanding (Trevino and Nelson, 2016) . Besides, if any products is viewed as
perilous for customers then it falls under segment 3 (1) purchaser security act 1987.
Presently it's a great opportunity to centre around given situation in which dealer of
vehicle is getting away from their risk of deficient items according to condition 9 and it is
3

consider as out of line terms in customer contracts control 1999. Fundamental purpose for this
that it avoids every one of the liabilities which isn't acquired the particular notice of Mr. Ben's .
TASK 2
2.1 Types of credit agreements
As indicated by given contextual analysis Ben's is including in a wrongful assertions
because of which he is confronting a noteworthy issues and experiencing barriers without seeing
each perspective. Fundamentally, he doesn't know about the vital provision 9 in which it is
obviously said that vendor isn't obligated for any misfortune or issue in the wake of offering the
item. However, in the meantime it has been comprehended this is credit understandings in which
purchaser can assert for this since instalment isn't yet satisfied.
The accompanying focuses separates credit understandings
if one is give credit to the clients that must satisfy with the client credit act and the important
guidelines which incorporates those actualizing the client credit mandate (Laro and Pratt, 2011) .
The state of the understanding must likewise meet the out of line terms in the client contracts.
If a person is not following client credit rules, upholding credit congruity against a buyer will be
just utilizing likely hazard arrange.
Essentially, three unmistakable kinds of credit contracts are distinguished which is
portrayed as takes after:-
 Small agreements:- according to this term, if an individual is occupied with obtaining
advance for a base day and age which is less that 15000 Euro then it falls under this class.
For instance; contracts inside a half year, for a day henceforth.
 Medium:- In this segment clients needs to engaged with picking up advance for not
increasingly that 25000 Euro which is either for half yearly premise, every year or not
over 3 years. For example; vehicle advance and so forth.
 Long term agreements:- At last, this agreements are of most extreme day and age in
which clients are procuring advance for over 5 years, for example, 10-20 etc. For
instance; lodging, business and henceforth.
2.2 Legal rules on termination rights and default notices
According to given case study Ben's have the authority to terminate their rights as per
consumer protection act 1974. As legal bodies are also involved in designing number of norms in
4

order to facilitate consumers with best services so that they can easily establish their positive
image at marketplace. For example; Ben's have right to terminate the contract if he is not
comfortable with the terms and conditions. But at the same time clause 9 is also signed by him
due to maximum level of confidence. Mainly, if an individual wanted to terminate then he/she
needs to send default notices and information sheet (Devine and et. al., 2017) . In given case
study Ben's is going to terminate the contract because of default product which is received by
him. Thus, legitimate bodies said that parties have their own reason to terminate specific contract
such as; either they are not satisfied with their product, goods is not same according to the
contract and so on. However, according to consumer protection act 1974 every individual or
client have the authority to terminate credit agreements any time before signing the contract
within 14 days. Thus, Ben's needs to inform the seller about cancelling of the agreement which is
known as giving notice either in written form. Along with this, seller also have the right to
demand charges or penalty to Ben's due to rejection of contract. But at the same time seller don't
have right to sue Ben's of they have given any incorrect information about their product.
2.3 General features of agency and differentiate between types of agents
Organization is a connection between two substances they are bound with a legitimate get
the one individual is known as guideline and the other is specialist (Laro and Pratt, 2011). The
specialist follow up for the benefit of the guideline. There are sure highlights of the
organizations:
 Representation : An operator is the delegate of the standard who manages the outsider
and they are mindful to rule.
 Designation of expert : In this sort of agreement standard selects a specialist with some
legitimization to follow up for their benefit.
 Authoritative limit : The rule and operator ought to be equipped as indicated by the law
and they are deficient unsound personality, minor, or excluded in the eye of law.
Agents
 Sub specialists: Sub organization means designation of energy by an operator to a man
selected by them as sub operator like the specialist who is being named by their rule.
 Specialists : A specialist is known as a particular or a specific operator, for example, a
specific specialist for specific work they speaks to their guideline on specific exchanges
as it were.
5

 General specialists: This kind of operators has a general expert to perform everything
over the span of their office and they need to do all the follow up in the interest of
guideline intrigue (Dunning, 2013) .
2.4 Rights and duties of agent to assist Ben understand position
An organisation or any individual is the creation of a contract entered into the mutual consent
among principles and an agent. It has been determine that agent owes specific duties towards
their principles during any kind of contract or given activities. Some crucial right of agents are
mentioned underneath:
 Right to retainer: It is consider as one of the primary right to deduct total amount which
is due to them by principles. This seems to be the authority in which the executor or
management of the state of a deceased parties reserves out certain amount of asset in
more reliable manner.
 Right to stop in transit: there are plenty of various cases in which agent is personally
susceptible, they has option to stop the product in transit. It can be travel towards
principles and Ben. It is the condition in case buyer of products becomes insolvent. The
unpaid seller that carries the possession of products has the option to transit which is
applicable in case of Ben (Bently and Sherman, 2014) .
 Right to claim remuneration: As per this particular right the agent is liable to receive
the mentioned remuneration or in case there is nothing is agreed, to a valuable clause,
unless they agree to act complimentary. In behalf of this, any special contract, the right to
claim arises only in the agent that has been done in coming those circumstances.
 Right to indemnity: According to this, an indemnity contract arises in one individual
that takes on the obligations to make payment for any loss of damage that has been or can
be arises by another parties. Just it happen with Ben car situation. The right to indemnity
stem from a contractual agreement which is basically help against liabilities and other
kind of damages.
Duties of agent:
 The major duty of agent is to follow all the valuable instructions that are given by the
principles to do so.
 If agent trapped in any kind of critical situation, they has to communicate that conditions
to their higher authorities or principles and their valuable advices is to be obtained.
6

 The another major duty of agent is that they should behave in the ability or capability as
agent, they cannot run out the transactions in their own name (Ellison and Boyd, 2013) .
 They are not being liable to make secrete profit through utilising reputation of their
concern principal.
 They need to maintain proper records and document to enrol the every transactions those
are operated by them. Every single value of amount can be disclose in front of their
principal in accurate manner.
 The duty of agent is to safe guard asset or property of principal in more reliable ways so
that it can be taken into account at the time of death of principals and insolvency.
TASK 3
Covered in PPT
TASK 4
4.1 Different types of intellectual property rights
Intellectual property is referred to be form of asset for an organisation which does not possess
any physical form. The major categorisation on intellectual property can be carried out through
ways such as:
Patents: There are referred to be approach which is helpful in preservation and protection
which is being carried out by an organisation. The patents of an invention helps a formulator to
make best use of their invention and make financial gains. However there are certain conditions
which are to be undertaken such as invention needs to be new and should not be obvious. The
conformation with the criteria will helps them with registering the same with the UK intellectual
property office for a tenure of 20 years (Kritt and Law, 2012) .
Designs: the design of the product referred to be the appearance of the product or a
machine. There are other sub-segments which are to be considered in this segment are design,
features, textures and materials which are utilised while designing a product. The design of a
product or a machinery needs to be new and must possess an individual character so that it is
eligible to be registered with the government.
Trademarks: trademarks are mentioned to be sign and symbols which are being utilised
by an organisation to form a distinct image in the minds of consumers. It can be a combination of
word, logos and symbols which helps in catering distinct recognition to a product or a brand. The
7

trademarks must not have similarity to any existing symbol so that it can be registered with the
trademark office for a period of maximum 10 years.
4.2 Principles relating to protection of inventions through patent rights and legal norms
preventing their infringement
Patent rights is beneficial for individuals in various manner as it aids in controlling other
for using the innovation which is done by company. It provide exclusive rights to a company on
using own product and best services in order to acquire attention of distinct clients (Munch,
2012) . However, some of the major benefits of patent rights in business organization are-
 Authority to take legal actions for controlling those people whomsoever are involving
copying products of some other person.
 In fact, owner of patent is having right to sell their property to other person in exchange
of any thing such as; monetary support and so on.
 Some time they might also sell their invention.
Patent infringement means designing of particular products without acquiring permission
from its owner which is considered as illegal. For instance; patent holder must take any legal
action against those member whomsoever is engaged in a wrongful activity. Basically,
inventions are fully protected by patent rights because legal bodies have implemented norms that
if anyone can misused the patent rights of creator then they have the authority to sue the culprit.
Along with this, authority to demand penalty and charges in case of wrongful use of inventions.
Thus above explained benefits shows the technique of preventing inventions of innovator.
4.3 Principles relation to copyright protection and preventing infringement
Copyright are showing the authority of copyright owner which is having both moral and
economic authority. Therefore, economic rights are seen as author one and economic is seen as
right to cheat other work, distributed amongst members and broadcasts it across the regions.
However, it may exist till the end of person life and 70 years after the death of person.
Basically, if any work of a person is copied by other then owner have the right to sue
other person because legal bodies was authorizing permission to them. Hence, it is known as
infringement of copyright (Muchlinski, 2012). According to above laws, various principles and
legal rules was implemented by legitimate bodies for defending copyright owner such as; right to
sue, charges, blacklisted in case of major fraud and so on.
8

4.4 Compare and contrast protection of trademarks and business names
Business names and trademarks are two distinct word which is totally different from each
other as one is already registered whereas another is not registered as business names. The major
distinguish between these two terms are discussed as follows:-
Business names Trademarks
Not consider as distinctive word whereas it is a
descriptive word.
It shows the geographical origin of specific
goods.
Some time business name was previously
registered as trademarks.
Some time trademarks almost similar with
name of an organization.
It was registered as name of company.
It is consider as illegal in nature.
Above difference shows the major comparison between trademarks and business names
as both the elements are totally different from other in various aspects. For example; names is
consider as representative of an organization as company is denoted by the name only such as;
“Apple, Marks and Spencer” and various other names which denoted specific organization. On
the other hand, trademarks are the logos of an association which make the company differentiate
from each other at global marketplace.
CONCLUSION
From the above report it has been summarized that business laws is beneficial for
company success because it aids in controlling exploitative activities which resulted in
promotion of economy. In fact, number of acts and rules or regulations are identified which plays
a very eminent role in preventing distinct rights. For example; consumer protection act 1974 is
showing that clients are having numerous of authorities which is beneficial for entire society.
Additionally, showing the anti-competition laws and instruction of mergers which needs to
followed by an organization while involving in this process. Apart from this, legal rules that are
designed by legitimate bodies are also discussed for understanding each or every aspects as well
as prevent it from hackers which is increasing in coming days. In fact, rights and duties of agents
as well as distinct type of credit agreements are also described in this report for providing
alternative for customers while buying products or services.
9

REFERENCES
Books and Journals
Bebchuk, L.A. and Jackson Jr, R.J., 2012. The law and economics of blockholder
disclosure. Harv. Bus. L. Rev., 2, p.39.
Law, J. ed., 2016. A dictionary of business and management. Oxford University Press.
Hammond, K.J., 2012. Case-based planning: Viewing planning as a memory task. Elsevier.
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.
Allen, W.T., 2017. Our schizophrenic conception of the business corporation. In Corporate
Governance (pp. 79-99). Gower.
Trevino, L.K. and Nelson, K.A., 2016. Managing business ethics: Straight talk about how to do
it right. John Wiley & Sons.
Laro, D. and Pratt, S.P., 2011. Business valuation and federal taxes: procedure, law and
perspective. John Wiley & Sons.
Devine, W.M and et. al., 2017. International Business Machines Corp, Securing live migration
of a virtual machine from a secure virtualized computing environment, over an
unsecured network, to a different virtualized computing environment. U.S. Patent
9,715,401.
Dunning, J.H., 2013. International Production and the Multinational Enterprise (RLE
International Business). Routledge.
Bently, L. and Sherman, B., 2014. Intellectual property law. Oxford University Press, USA.
Ellison, N.B. and Boyd, D.M., 2013. Sociality through social network sites. In The Oxford
handbook of internet studies.
Ellison, N.B. and Boyd, D.M., 2013. Sociality through social network sites. In The Oxford
handbook of internet studies.
Kritt, B.A. and Law, D.A., International Business Machines Corp, 2012. Spellchecking
electronic documents. U.S. Patent 8,201,086.
Munch, S., 2012. Improving the benefit corporation: How traditional governance mechanisms
can enhance the innovative new business form. Nw. JL & Soc. Pol'y, 7, p.
Muchlinski, P., 2012. Implementing the new UN corporate human rights framework:
Implications for corporate law, governance, and regulation. Business Ethics
Quarterly, 22(1), pp.145-177.
10

11

12

13