Assignment Sample: Business Law

Business Law

Table of Contents
INTRODUCTION..........................................................................................................................................................3
Task 1 .............................................................................................................................................................................3
1.1 ...............................................................................................................................................................................3
1.2 ...............................................................................................................................................................................3
1.3 ...............................................................................................................................................................................3
1.4 ...............................................................................................................................................................................4
Task 2..............................................................................................................................................................................4
2.1 ...............................................................................................................................................................................4
2.2 ...............................................................................................................................................................................4
2.3 ...............................................................................................................................................................................5
2.4 ...............................................................................................................................................................................5
Task 3..............................................................................................................................................................................6
3.1 ...............................................................................................................................................................................6
3.2 ...............................................................................................................................................................................6
3.3................................................................................................................................................................................6
3.4................................................................................................................................................................................6
Task 4 .............................................................................................................................................................................7
4.1 ...............................................................................................................................................................................7
4.2................................................................................................................................................................................7
4.3 ...............................................................................................................................................................................7
4.4................................................................................................................................................................................8
CONCLUSION...............................................................................................................................................................8
References.......................................................................................................................................................................9

INTRODUCTION
Business law has been formed in order to bring regulatory as well as ethical framework
for carrying commercial transaction. It is considered as a vital part of spectrum that is established
by Land legislature for regulation of commercial organisations among individual and business.
The present report will focus on providing effective knowledge and understanding of legal
obligations as well as application of business law which includes provision of various acts for
example – Sales of Good Act, Monopoly Act etc. The assignment will also discuss rights of
intellectual property which is related to all organisational practices or dealings. The legal laws on
the consumer credit agreement and agency will be also discussed in the following report. This
report is in context to a case acting as an aid in evaluating of the statutory provision on the
seller's and buyer's remedies. It will imply important principles which will affect lawful
organisation within the business and the targeted market. Furthermore, this report will also
determine key provisions related to business names, trademarks etc.
Task 1
1.1
The offer of products act will likewise be covering the piece of Consumer Protection
which was intended to shield all client from buy and offer of merchandise which additionally
incorporate unreasonable terms in the Consumer contract directions 1999. Under section 13 of
the Sales of Good Act 1979 it is required according to the merchant to give all depiction about
the products. It is the obligation of vendor to enlighten the purchaser immeasurably imperative
insights regarding great which they are offering (Bernstein and et.al, 2017). Under section 15 of
Sales of Good Act 1979 states that any good sold to the buyer must meet the quality standard. In
the case of Ben the car sold to him was not durable and got a used car which was not meeting the
quality standard. Another legislation applied here is the section 12 of the SOGA act 1979 which
implies that products or goods are free and will stay free till the time when property is to pass,
from any encumbrance or charge not known or disclosed to the buyer before the contract is
made. As for this situation obviously car merchant did not tell about the right state of car which
was before possessed by 2 proprietors and afterward likewise declined to take it back. As
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indicated by inferred terms it was particularly evident that it was set as a matter of course that
states of car ought to be great and was additionally with some predetermined depiction like car
must be claimed by just a single proprietor, 2 years of age and should be driven for 18500 miles.
Nonetheless, merchant of car did not communicate that car has not been claimed by just a single
proprietor and that past proprietor was utilizing car as taxi.
1.2
There are likewise some statutory arrangements on exchange of property and ownership
of the products which under Section 16 of the Sales of Good Act, 1930 will tell about
responsibility for would go starting with one individual then onto the next as analysed on
account of Howlett and children v Healy 1917. The section 16 states that the goods should be
fairly fit for the purpose for which is has been sold to the buyer. In the current scenario Ben's car
was not durable and was not in a healthy condition therefore it breaches this section. In the
Section 17 of the Sales of merchandise act which will tell about necessities that products which
are determined yet possession might be passed on with the goals of passing the same. Another
segment which is 18 will have 5 rules with respect to and concerning aims of passing
merchandise which will be determined conditions will be forced on products for going out
products which would be finished by individual just. Under section 19 Sales of Good Act, it
would be evident that at whatever point products and been sold merchant will likewise be
offering title of responsibility for good.
1.3
The client and agent affiliated with the thing have changed honest to goodness rights what's more
loyalty within the substance trades. The non-execution of each of the parties has shown the
result.
Remedies to Ben(buyer) within offers of stock are passed on as :
According to section 5 of the sales of goods act 1979 purchaser has the ability to state
against the mending and damages which originate when driving or trade of things having fault or
defect. In the given scenario broken thing was the car, thus Ben is eligible at broadcasting for the
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repair, fuel and cost of cab. According to section 5 of the SOGA 1979 the thing performance is
major and within condition such isn't, persuaded good should be exchanged or for particular
thing it ought to be decreased. In the current condition the thing was seen as inadequate
furthermore execution was not grabbed. In the current circumstance Ben has the hazard for
ensuring against the freight, repair and a couple of extra blame paid in association for car. Under
Resale (Section 48) of the Sale of Goods Act 1979-Where the unpaid trader has utilized his right
of lien or has exercised his right to stop the goods in transportation, the right to resell the goods
may be a good choice. The right of resale can be utilized in conditions where the goods are
perishable.
Remedies for vendor in offers of good are as under: Suit for price : Section 55(1) Sale of Goods
Act, 1930 -Where under a contract of sale the property in the goods has passed to the buyer and
the buyer unlawfully refuses or neglects to pay for the products or goods according to the terms
of the contract, the seller may sue him for the price of the goods. Damage for non-acceptance :
Section 56 Sale of Goods Act, 1930- Where the buyer refuses or neglects to pay for the goods,
the vendor may sue him for damage for non-acceptance.
The product can be surrendered by the merchant in situation contract terms are not
procured. In the present situation merchant is in fault, likewise contracts terms aren't being
fulfilled by the buyer. As needs be, danger of Ben does not rise towards making portion for
anything. A merchant has the capability towards ensuring the full/agreed cost of item in kind of
thought. In the present case the vendor of car has hazard to ensure £10,000 for the used or second
hand car.
1.4
Defective products – Section 5 of Sales good act -
According to section 5 of SOGA the product which isn't meeting the states of good
quality and amount of misfortune and harms to all customer will be referred to as inadequate
great. In Section 3 of Consumer Protection Act 1987 and the unfair terms in consumer contracts
regulations 1999, if Ben is documenting any suit against that car merchant then it would be
required that he is demonstrating that car was flawed not the various things.
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It could incorporate either entire great or certain piece of good which is harmed and should be
recuperated or remunerated either. On the off chance that any individual is enduring any harm or
damage as a result of that deficient great then he would be repaid in such manner. Different
standards of item liabilities would incorporate Consumer Protection Act 1987, Contract and Tort.
Be that as it may, if the individual is asserting that great which he had gotten is imperfect at that
point there are sure things which he has to demonstrate like item is faulty by nature, it has caused
mischief and obligation is of litigant.
According to Donoghue v Stevenson [1932] case, Section 3 of Consumer Protection Act
1987, Ben need to demonstrate that he and car merchant is under an agreement which that
merchant has ruptured at time of its burden or utilize. While in Tort Law Ben need to elucidate
that car merchant is dismissing his obligation of giving great quality and institutionalized item
and merchant isn't possessed the capacity to take great care of giving right data
Task 2
2.1
In the present case money can be acquired by Ben through bank against come steady and
demonstrated security. According to Section 11 of Consumer Credit act 1974, Restricted-use
credit and unrestricted-use credit such help can be utilized for doing the bits of the business and
repayment would be done after particular packaging of time and settled rate of interest would be
charged on the cooperation (Laws and et.al, 2017) Contract act: It is contemplated as structure
that is sensible and each roughly managed that sorts out the exercises of relentless for the
existing organization's prospect. Consumer credit act 1974 - An unrestricted-use credit
agreement is an organized consumer credit agreement not falling within subsection (1), and
“unrestricted-use credit ” shall be interpreted accordingly. According to Section 13 of Consumer
Credit act 1974 this is reasoned as other sensible frameworks for acknowledgment statement that
is previously mentioned as contract purchase structure near the methodology of proprietorship
for the worry. Under this estimation, buyer requires capital asset and what's simperingly the
proprietorship is being traded to the buyer while making bargains. Sensible method of perception
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is gathering everything all the strategy of offers and if territory is missed by buyer, shipper has
criticalness to make end of the assention. Ben can rearranging utilization of so much movement.
Ben can get credit from as per the consumer credit act.
2.2
The present condition of the organisation demonstrates that Ben obtained the car on layaway
done making fragment with cost card. At any rate instantly he needs at conclusion the assention
as he is experiencing the issues towards parcel as purchaser. Validity of the rights and
furthermore it is encouraged by Section 77, 87 and 88 of buyer credit Act, 1974. Such piece
shows the districts as underneath: Section 77 of Buyer credit Act, 1974.: The particular piece
presents which buyer has the favorable position to profit assentions copy that comprise bits of
learning as to cash related trade made by the social affair. Such would help with achieving full
presentation of perception paying little respect to purposes behind fervor of trades made and are
relied on to be made. Such would be proper instrument for demonstrating the money related
soundness of get-together. Ben can make articulate against the seeing to guarantee detail
examination of the assention in the current condition(Cain and et.al, 2017) Section 87 and 88
Buyer credit Act, 1974. : The particular piece offers buyer the favorable position to draft the
notice seeing realization the assention and moreover issues that are associated with a comparable
14 days advance to cancellation of appreciation. This guide change of sensible frameworks for
data for the get-togethers secured. In the current condition Ben has passed on sensible means for
admonishing the business concerning the nonappearance of limit of see segment and moreover
instigating like firm.
2.3
Agencies are considered as the legitimate comprehension among the groups wherein one
social gathering agrees to destroy others good position with a particular extraordinary focus to
achieve customary purpose of merging of the firm. This is honest to goodness strategies for
achieving targets that are foreordained.
Features of Agency
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Representation : An agent always shows his or her principle while dealing with third parities. He
or she is also responsible to the principles related to the work.
Delegation of authority – In a contract of agency principle delegates his or her authority to the
agent to do things on his or her behalf.
Contractual capacity – In a contract of agency agent and principle should be competent
according to the law, they are incomplete when they are minor, disqualified and have unsound
mind.
It is thought up in endorsed or gave form for delineating the enactment committees that
united with the stiff. It gains ground of especially delineated idea and with respect to the parts
and obligations of a couple social gatherings pulled in inside the cognizance( Qi and et.al, 2017).
The supervisor ace have the preferred standpoint to settle on decision in light of the social
gathering he/she is showing at any rate checking for the due support is central with a particular
outrageous focus to accomplish optimistic results for the enterprise. There is closeness of moved
kind of chiefs who are performing for the business.
Difference between various types of agents
Salespeople: Such supervisors are reasoned as
cardinal who are eligible for using the upside
of the proprietor of affirmed movement against
which offering is being done. Such pros make
offers of endorsed headway of the proprietor
inside game plan.
Banks: Banking establishments are considered
as major experts of the purchasers who have
supplemented over overseeing beyond what
many would consider possible inside the firm.
Such affiliations considered as director for the
clients for the cash related perspectives and
alters the affiliation faults for regard to the
same
Components: Such are advised like virtuoso
that has the dedication for get-together or
recovering the whole from various record
holders within the marketplace. They are being
utilized by the leasers with a particular
outrageous objective to finish the errands.
National professional: These are advised as
heads which directs trades affiliated with
belongings trade and work with regards to
authorization on the total computation of
place(Babu and et.al,2 017).
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2.4
The precise and stimulate of the official have collected gathering and aura for the social
activity. It aids the enterprise in strategy of all approximately portrayed effect over the
movement and change of firm. The favorable circumstances of Ben are seen as under:
Duties and Rights - Ben is having the preferred standpoint to form recovery of the total for car
sold to the buyer. Regardless come full circle towards holding the account is with Ben in a
manner of speaking. He has the preferred standpoint to make check with respect to reinforced
remuneration for affiliations he would render to the gatherings who are secured inside the trading
of acquiring what's more arrangements. The deal cancellation may be done capable by Ben in
situation as he considers buyer's condition or face condition on portion of whole due. Ben has
obligations which wire providing models with a particular extraordinary objective to set on
purchase decisions for buyers had with firm. Ben has the feeling of obligation with respect to
guarantee that no secured advantage is being made by parties and likewise exercises of firm are
driven for heads ethically.
Task 3
3.1
1. Monopoly:
It is that organisation or company which is working within market and also having most of
market under their control that company is also the biggest threat to all others who are operating
in that market. That company in market should be having about 25% of market share only at that
position it will be called to as monopoly firm.
2. Competition Act of UK 1998 -
It provides protection to consumers in market with the high level of competition which would b
resulting in increased in price and also quality of that product would be decreased. In this way
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that firm which is having more than 25% of market share would also b the single supplier of
product and having larger control over market this is also called as scale or complex monopolies.
3.2
Competition Act of 1998
Was replaced with monopolies and merger commission which from 2014 is known to as
Competition and market authority which was amended by competition commission in 2009.
Roles :This will be regulating and keeping an eye on competition within market, they will also
be liable to investigate about all sort of competition in market.
Merger and acquisition which are taken place with these monopolies would be taken care with
this commission. This will also be ensuring healthy competition between all companies that are
operating in market of UK so that companies, economy and customer could be benefited by this.
3.3
Dominant position - This is defined to any company in market is having over or above 50% of
market share then that firm would be known to be having dominant position in market.
That firm is not allowed to misuse their power by abusing others in market or even to customers
as this is regarded to as illegal in UK.
If that firm or group of firms are misusing their power they would be capable of standing alone
thus wiping out others small firm from market.
3.4
If any company is been found guilty of abusing and misusing their power as dominant
position then they are having some exemptions which would be as follows:
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 Individual exemptions -if that firm is found to be guilty of misusing and abusing their
power as dominant firm then they have to prove that there would be no effect on
competition and this will only be helping in economy development
Block exemptions
If the above criteria is been met of individual exemptions then upon agreements which is applied
 Parallel exemptions - After both above agreements are met which is individual and block
then this is called to as parallel exemptions.
If the profits which have been occurred is then distributed among customers that too without any
discrimination and if any situation occur when there is necessary to abuse then.
In article 102 of Competition Act 1998, abusing and misusing of dominant position by
the Treaty of Lisbon in been stated. Firm could exploit consumer by various ways like that of:
 Unfair practice
 Charging Higher Prices
 Limiting supply in marketplace
 Imposition of unfair terms and conditions
Task 4
4.1
Different types of intellectual property
A patent is a title that provides its owner the rights to avoid others from exploiting the invention
stated within the patent. Patent is advised as the genuine perfect for the firm that assistance
relationship in securing the true blue rights and furthermore commitments of the firm to spare the
new thing change. It limits age, copy or courses of action without the assent of maker.
A trademark is a sign by which an organisation identifies its goods and services as well as
differentiate them with those of the competitors.
Copyright, outlines and patent act 1988 assist firm in get-together of all around delineated
measures for securing the affirmed movement inside the economy.
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4.2
Exclusive right over that invention will be created of that inventor who could give any
other person permission from that authorized person for about 20 years. This is kind of personal
protection over rights of that person who is the inventor. There are various principles related to
patents such as :Written Description - The written description duty reflects a desire to ensure that
the invention can be promptly disseminated to the public, and that the description of the
invention be decreased to a permanent form. Other principle is Requirements as to the
Application - A central function of the patent system is to encourage the exploitation and
development of technology.
Infringement of patents - Unauthorized person is using that creation without taking permission
of that person. Then he will be having right to file suit against that person who is infringing his
rights. After unauthorized person is found guilty court is having right to pass order to destroy all
copies of that creation.
4.3
There various principles for the protection of copyrights, Copyrights law must reflect a
suitable balance between the rights of creator and copyrights owners as well as interest of users
or customers. The rights should be reviewed and updated regularly as appropriate for responding
new technologies. Licensing must be done in a content effective way and it should be simplified
to be efficient and easy as much as possible. Copyrights, Design and Patent act 1988 is been
governing in this regard all over UK in which he could also give other person right to use or
make changes which is given for almost 70 years. Infringement of Copyrights are Personal use,
Research, Religious use, Library and Review. The federal Copyright Act gives the owner of a
copyright the exclusive right to do and permit others to do various things in respect to a
copyrighted work, including: distribute the work, make copies, perform or display the work
publicly, and create derivative works. Copying, Using, or downloading software, downloading
materials from websites or distributing any material in any way and for any purpose - personal or
commercial - without the author's written approval represent copyright infringement, with
limited exceptions. Article 7 of the Copyright Law states that the economic rights of the author
are protected even after the author's death.
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4.4
Trademark and Business name shares a lot of differences among them these differences can
be identified as below -
Trademark is a phrase, word or design that determines the source of a service or product and
differentiate it from competitors. The owner of a trademark has all rights towards it and can
avoid any other person from using it. These rights towards trademark are protected at the federal
or state level. Though, any image, stamp or shading which will help in recognizing which mark it
is speaking to is called Trademarks. An unregistered trademark can be protected by the general
law only. A trade mark lawfully defend your name and stops others from using with it.
Business names are for the most part not been secured will trademarks are ensured by utilize or
changes. As business names are not secured so individual won't possess the capacity to take any
sort of activities against that individual who is utilizing a similar name. Be that as it may, in the
event of trademarks which is secured so lawful moves could be made against individual abusing.
On the off chance that any organization that is working in economy then under whichever name
it is working would be called to as business name of that organization. If one of these kind of
legal entities wants to call its business something other than its own name, it must register a
business name. For example, the Audio-Visual Copyright Society Limited trades as Screen
rights. A business name does not give you judicial rights to that name. This means that if
someone else uses your business name for their business, you don't have any rights to take any
action or stop them. Business name act 1985 which will ensure business names and Trademarks
act 1994 would secure trademarks.
CONCLUSION
The above report concluded that there are various laws and regulations that need to be
considered in order to run a successful business. The report provided effective knowledge and
understanding of legal obligations as well as application of business law which includes
provision of various acts for example – Sales of Good Act, Monopoly Act etc. The assignment
also discussed various rights of intellectual property which is related to all organisational
13

practices or dealings. The legal laws on the consumer credit agreement and agency will be also
determined in the above report.
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