Business Law - Case Study
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Added on 2020-01-23
Business Law - Case Study
Added on 2020-01-23
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Business Law
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................4TASK 1............................................................................................................................................41.1 Analyzing and advising the Ben on legal rules of implied terms relating to the sale ofgoods and supply of services.......................................................................................................41.2 Analysing the and advising Ben on statutory provisions on the transfer of property andpossession ...................................................................................................................................51.3 Evaluating the statutory provisions on buyer's and seller's remedies in sale of goodscontracts.......................................................................................................................................51.4 Analysing and advising on product liability legal rules and statutory provisions for faultygoods............................................................................................................................................6TASK 2............................................................................................................................................72.1 Difference between the type of credit agreement which Ben as consumer could use topurchase the car............................................................................................................................72.2 Analyzing the legal rules on termination right and default notices for Best as consumer incase he suffered from issue in future the debts............................................................................82.3 Analyzing the general features of Agency and differentiate between the different types ofagents...........................................................................................................................................82.4 Evaluating the rights and duties of an agent to assists Ben understand his position as agent......................................................................................................................................................9TASK 3 essay................................................................................................................................10TASK 4 essay................................................................................................................................12CONCLUSION..............................................................................................................................15REFERENCES..............................................................................................................................16
INTRODUCTIONBusiness law provides basis for the operation and regulation of the business by focusingupon regulatory framework. It includes several laws through which all business transaction cantake place success and determine the satisfaction among all engaged parties. These various lawsconsists of law related to intellectual property right, employment and bankruptcy ans well aslicensing etc. Present report is based on several case studies through which its impact oneffective management of business activities has been understood. In this regard, sales of goodsand supply of services act has been explained along with statutory provision on the transfer ofpossession and property. In addition to this, monopolies and anti-competitive practice legislationin the UK has been explained. Also, principles related to protection of invention through patentrights and legal rules preventing the infringement are outlines.TASK 11.1 Analyzing and advising the Ben on legal rules of implied terms relating to the sale of goods and supply of servicesAccording to the given scenario Ben was searching a car with his own specification andthen he came to know about dealer's magazine and saw the advertisement related to car. Hevisited the showroom but for actually visualisation of car he need to 150 GBP in term ofconsideration. After that he found the product very effective in the test drive but reality wasknown when the product was purchase issue was faced in the engine. Ben went back to cardealer to return the car but deals said that it was your decision to purchase as we already clarifyeverything in documents regarding the car (Crane and Matten, 2016). In this regard, impliedterms relating the sale of goods and supply of the services can be applied as follows-Title-It refers to the right of seller that whether he possess or own the business and hasauthority to sale the goods or not.Sale of goods by description-This is condition which reflects that good should beconsistent with description provided by the seller.Sale of goods by sample-The section 17 depicts that goods which has been sold shouldbe consistent with sample.
Sale of goods by sample as well as description-It is the implied condition under whichgoods must be in accordance with the sample and description both.Ensuring fitness-The quality of goods must be effective with consideration of price andother features so as to meet the expectations of buyers.The application of implied term in the case of Ben shows that car deals is at fault becauseissues exist n the care were not discovered at the time of test drive (Appleman, Appleman andHolmes, 2015). At the same time, dealer try took the advantage of exclusion clause by stating inthe documents that they are not liable for any fault in the vehicle. It is clear that exclusion clauseis contracting with Sales of Goods Act 1979 and accordingly Ben should claim for the damagescaused.1.2 Analysing the and advising Ben on statutory provisions on the transfer of property and possession The statutory provision included in the transfer of property and possession are stated asfollows-The goods which is ascertained can be transferred only otherwise it will not be.The intention of both parties such as buyer and seller must be considered for the sale ofspecific goods.It is the liability of the seller to notify the buyers regarding the delivery of goods alongwith doings the necessary things related to the same.The goods or property which is being passed to buyers must be based on the approval.According to the given scenario, statutory obligation present in the case were analysedand complied effectively. On a critical note, the exclusion clause was not accordingly thestatutory obligations associated in the Transfer of Property Act, 1882.1.3 Evaluating the statutory provisions on buyer's and seller's remedies in sale of goods contractsThere are several statutory provision for buyers and seller's remedies under the sale ofgoods contract. It has been explained as follows-Buyer's remediesIn case of goods is not with quality and any kind of description provided for the samethen buyer can reject the whole or partial goods as per the contract
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