Business laws Sample Assignment
Added on 2020-12-10
15 Pages4199 Words385 Views
Business law
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Legal rules of implied terms relating to the sale of goods and supply of services...............11.2 Evaluation of Statutory provision on the Transfer of Property and Possession....................21.3 Statutory provisions on buyer's and seller's remedies in sale of goods contracts.................31.4 Product liability legal rules and statutory provisions for faulty goods................................3TASK 2............................................................................................................................................42.1 Types of credit agreements...................................................................................................42.2 Legal rules on termination rights and default notices for Ben as a consumer......................52.3 General features of agency and difference between types of agents....................................52.4 Rights and duties of an agent................................................................................................6TASK 3............................................................................................................................................7Covered in PPT...........................................................................................................................7TASK 4............................................................................................................................................74.1 Different forms of intellectual property................................................................................74.2 Principles relating to protection of inventions through patent rights....................................74.3 Principles regarding copyright protection.............................................................................84.4 Comparison and contrasting the prevention of trademarks and business names..................8CONCLUSION................................................................................................................................8REFERENCES..............................................................................................................................10
INTRODUCTIONLegitimate bodies are engaging in designing an appropriate norms, beliefs, policies, rulesand regulations which is followed by entire corporate world in order to run an association ineffective manner. Their main objective is to control the probabilities of wrongful conducts andmisinterpretation as it may hamper the entire surroundings (Bagley,2010) . In fact, every smalland multinational companies are following legal procedures for managing their businessactivities in ethical manner. Thus, assignment is going to highlight various acts that is used bybuyer and seller while engaging in a legal contract. For example; sales of goods act section 15 (a)(b) henceforth. Moreover, agent are playing a very eminent role in resolving issues betweenvarious individuals by considering necessary facts or figures. It means, various types of broker,their rights and duties towards principal is also outlining in this project. Apart from this, majorrole of competition commission and detail description of anti-competition is going to mentionedin report. At last, appropriate description of intellectual properties and laws related to itsprotection are further drawn in this assignment. TASK 11.1 Legal rules of implied terms relating to the sale of goods and supply of servicesIn the said case Ben's car was getting incompetent to work properly so he decided to buya new one at the beginning of the year. Later, he purchased a second hand Blue New modelPassat 1.8 for £ 10000 only, from a seller. Initially the car was functioning as per hisexpectations but when it was taken on the hill it stood still and its engine got blocked. Ben thendecided to return it to the seller, also he found that the car was used as a taxi by the anotherowner which he was not being informed by the seller (Bodie, Kane and Marcus, 2014) .According to the section 14(2) of the Sale of Goods Act 1979, it is essential that thegoods that are being supplied by the seller should be of satisfactory quality, as an implied term.So it was necessary for the seller to disclose all the information of the vehicle. The question oflaw arises due to the clause signed by the Ben, according to which the seller is not liable forwhatsoever description is made regarding the car and it is the responsibility of the buyer to checkbefore buying. Now, according to the section 9(4) of the Consumer Rights Act 2015, impliedterm should not include those things which makes the quality of goods undesirable, which hasbeen informed to the buyer or is up to his examination. Clause 9 made by the seller is an1
exclusion clause which immune the seller from any responsibility related to the car. According tothe section 13 (1) of Unfair Contract Terms Act 1997, such term is applied to business liability,if the damage is caused because of negligence of the buyer then he shall be responsible for that,but in this case the information was hidden which ended up as sole reason of improper functionof he car. The seller would have no responsibility if the problem was due to the negligence ofBen but here the car was sold by hiding its real condition. If Ben has been given suchinformation then he might have not bought It (Crane and Matten, 2016) .1.2 Evaluation of Statutory provision on the Transfer of Property and PossessionPossession is one of the significant concept in property law. It is not a right but a legalaspect which brings the enjoyment of property by its title holder. It requires control andintension. There must be a contract of transfer of property without a valid contract it is null andvoid. Possession can be obtained by a one-sided act by which factual control is established. Thiscan take the form of apprehension (taking an object not in someone's possession) or seizure(taking an object in someone's possession). It can also be obtained through a two-sided processof handing over the possession from one party to another. The party handing over possessionmust intend to do so. A temporary transfer of possession is called a bailment. Bailment is oftenregarded as the separation of ownership and possession. For example, the library continues toown the book while you possess it and will have the right to possess it again when your rightcomes to an end. A common transaction involving bailment is a conditional sale or hire-purchase, in which the seller lets the buyer have possession of the thing before it is paid for. Thebuyer pays the purchase price in instalments and, when it is fully paid, ownership of the thing istransferred from seller to buyer ((DiMatteo, 2010).Transfer of property and tittle is an essential factor, when a person purchase any property.It is a binding upon the parties which is executed by a contract which can be expressed orimplied. In this case the offer was made by the seller by an advertisement and Ben accepted itwith an amount of money as consideration. After the acceptance it is the duty of the seller totransfer the good within the prescribed time and also it is the liability of buyer to accept suchgood.The car was driven as a taxi its real owner should be the taxi driver and the car was sold to Benby concealing the information of its genuine owner. According to the section 21(1) of the Sale ofGoods Act 1893, the buyer obtains the tittle of the goods unless it has been challenged by the2
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