Transnational Business Governance and Law

This assignment examines the intricate world of transnational business governance by focusing on various legal aspects. It requires an analysis of scholarly works addressing topics such as university intellectual property rights (IPR) regulations, the impact of these regulations on patenting, and the application of unfair commercial practices directives in different jurisdictions. The assignment also delves into dispute resolution within corporate multi-tenanted property management and environmental protection through common law principles. Furthermore, it touches upon business law fundamentals, mergers and acquisitions with benefit corporations, and the influence of business practices on universities.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................3
TASK 1............................................................................................................................................3
1.1 Analysis on legal rules in implied terms related to the supply of goods and services.........3
1.2 Statutory provisions on the transfer of property and possession...........................................4
1.3 Statutory provision related to buyer and seller remedies in sale of goods contracts.............4
1.4 Product liability legal rules and statutory provisions for faulty goods..................................5
TASK 2 ...........................................................................................................................................6
2.1 Distinguish between sort of credit agreements......................................................................6
2.2 Legal rules on termination rights and default notices............................................................6
2.3 General features of Agency and differentiate between the different types of agents............7
2.4 Rights and duties of an agent.................................................................................................8
TASK 3............................................................................................................................................8
3.1 Monopolies and anti-competitive practice legislation in the UK..........................................8
3.2 Role of the Competition Commission...................................................................................9
3.3 Dominant positions within the EU common market.............................................................9
3.4 Instances when EU exempted potentially anti-competitive................................................10
practices....................................................................................................................................10
TASK 4 .........................................................................................................................................10
4.1 Different forms of intellectual property rights.....................................................................10
4.2 Principles relating to the protection of inventions...............................................................11
4.3 Principles relating to copyright protection and the legal rules preventing their..................12
infringement..............................................................................................................................12
4.4 Compare and contrast the protection of trademarks and business names giving practical
examples ...................................................................................................................................12
CONCLUSION..............................................................................................................................13
REFERENCES..............................................................................................................................14
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INTRODUCTION
Business laws refers to incorporated to bring ethical and legal aspects of company with
different types of elements (Policy Area, Business and enterprise. 2017) It also refers to different
types of regulatory frame work which apply on business firm. With the helps of such lawful
practices organization can make their business more ethical and attracts more customers in their
business. BL ensure that company and individuals conduct all its operations as per the law so
consumer get protected through this. The present report make analysis on different aspects of
business laws and their implication. It makes Analysis on legal rules which implied to the supply
of goods and service Act and Statutory provisions on the transfer of property (Akintoye,
Renukappa and Lal, 2012). Along with this it makes analysis of credit agreements and types of
agency. Furthermore, this report also make analysis on Monopolies and anti-competitive practice
legislation in the UK. At last it gives detail information related to intellectual property rights.
TASK 1
1.1 Analysis on legal rules in implied terms related to the supply of goods and services
By evaluating the case it has been sassed that Ben aim is to purchase car through the car
dealer's magazine. In the Magazine, it shown case the detailed description about the car which
is second hand car. When Ben visited showroom, at that time he paid £150 to show his
seriousness about the car. When the care arrived at that time Ben took a test drive and decided to
purchase it immediately (Bekkers, Duysters and Verspagen, 2012). Later when Ben took his
family for the drive he found that car engine was heating up and demands for regular cooling
down. Then, he came to know that the car was posses by two owner instead of one and the
second car owner used it as cab- taxi. After that, various rejection made upon the sales return and
thus as per the exclusion clause within terms and conditions linked with sales.
As according to, Sales of Goods Act, 1979 following are the implied terms in section 12-15.
 According to the section 12: As per this section seller need to require possess on the
products or services in relation to transfer to ownership.
 According to the section 13: Detailed information of products needs to presented and
actual quality of products should be produce, but for these products should be in
qualitative nature.
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 According to section 14: product quality should be in such a nature that it accepts by
other and it should not be in faulty nature.
 According to the section 15 : it assesses that quality of product requires testing drive
which was not portrayed as per the same condition.
By making evaluation of the above case it has been assessed that legal obligation of parties
required to asses that exclusion clause is not applied on this. So Ben has right of claim damages
for products which he had purchased (Boldrin and Levine, 2012).
1.2 Statutory provisions on the transfer of property and possession
As according to the business law there are two types of goods specific and unspecified
goods. Specified goods is that in which clear description about the products has been mentioned.
In the above case Ben has offered detail as well as clear knowledge regrading to the products so
as per the law it is specified goods. As per this unspecified product, is that in which seller does
not provide clear information about the products (Bowyer, 2016). By assessing above case is
found that following are obligations are which made as per the Transfer of property Act, 1882.
 Sales should be made as per the Transfer of property Act, 1882.
 Seller sales only that product when he had title of products.
 The legal right are needed to be transferred to the buyer in relation with the product
 The sales of products should be made according to the mutual interest of the both parties
which are involved in transaction.
As per the given, scenario the obligation of this case are made by the both parties with
effectiveness. In contrast to this exclusion clause was not as per the statutory obligations that
relates with Transfer of the property Act 1882.
1.3 Statutory provision related to buyer and seller remedies in sale of goods contracts
At the time of making any type of contract which is related to the sales of goods Act, the
buyer and seller both have some legal rights. With the helps of this legal rights they can protect
itself from the all legal problems. Under the situation of non performance different types of
consequences has to be faced (Campbell and Boothby, 2016)
Remedies for buyers
 In order to make claim on the Goods buyer have to possess the entitlement of product so
he can claim against the repair and damages which he made to carrying out and
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transferring of products which are defective in nature. In the present case Ben has full
right to claim against the fuel, repair and other charges which he made against the cab.
 For the seller it is important that product which he is going to sell is in good and
performing conditions (Cornish, 2012). If the product is not in performing condition then
it should be replaced or has to be refunded. In the above case the car is not performing
well so refunded should be carried out.
Remedies for sellers
A seller can claim in relation to the claim towards full/ agreed product prices in terms of
consideration. In the given situation the car dealer holds liability towards making claim of
£10,000 which is second hand in nature.
1.4 Product liability legal rules and statutory provisions for faulty goods
Consumer protection Act, has identified those liabilities which are attached with the
statutory in relation with goods which possess defects. As per this law the consumer had full
right to make claim any kind of defects products which received as the contract. It also includes
that if any kind of harm is arises in order to selling products then seller have liabilities pay all the
claims (Dimatteo, 2016) As assessing the above reports, following are the Product liability has
been presented.
The Buyer has evidence to buy products if any type of defective is occurs. In the above
case the Ben can prove his means by disclosing the actual situation of engine and problems
which are faced by his family during starting of car. For the Ben it is essential to disclose all the
charges which is paid for the maintaining his car and experienced which are misconduct on part
related with plaintiff (Dimatteo, 2016) In the present situation quality of products does not match
with the products' description so the buyer has full right to claim amount of the faulty products.
Along with this Ben been to be prove that defects is being attached within products when he
buys the products and defects is not made by him.
TASK 2
2.1 Distinguish between sort of credit agreements
For buying the product through by using credit, Ben need to consider different types of
credit agreements which may effects its purchasing decisions. Following are credit agreement
which Ben can use in order to purchase of car.
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Loan from bank
As per the condition of bank, it assists to that if any individual want to money the can
take from the bank (Eberlein, Abbott and Wood, 2014). I this bank give lump sum amount to
individual as per his requirement and after some time individual have to pay the loan amount
with interest which are set by the bank. I the given situation Ben can borrowed amount of
money from bank in consideration he has to make some security or any kind of valuable items.
Ben has to pay amount with interest on the periodic basis and terms are set as per by bank.
Credit sales
Under this method goods and services along with ownership both transferred to buyer
during making ant kind of sells (Eberlein, Abbott, and Wood, 2014) Under this method all terms
and conditions are set by the seller and seller also have power to terminate contracts if buyer
make any types of mistake or delay in payment. Ben can also adopt this method so he can
purchase the Car from the dealer.
Hire purchase
In this method the company make agreements in which they buyer has the ownership of
good and services for the time-period (Geuna and Rossi, 2011). Under this method the Ben can
use this method and along with this they can have to pay interest to the enterprises. In many
business organization use this method for adopted purchase the machinery and business
equipment.
2.2 Legal rules on termination rights and default notices
In order to make any types of agreements in goods and services act buyer has to follow
some rules and regulations. In this seller have full right to make terminating contract if any types
of mistake conducted by the buyers (Geuna and Rossi, 2011) As per the given situation, the Ben
has purchase the car on credit but the same time he had faced many issues which are related to he
credits payments. Thus, he desires to terminate the contract (Gillies, 2014). As per the
guidelines provided by the consumer act, sec 77 consumer have right to get copy of agreements
in which all financial detailed has to be mentioned and contained each and every information
which are related to credit agreements.
It is considered as the best option in order to take protection from fraud. It is fair mode of
development under which each and every information should be provided in transparent manner
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in between both parties. So as per the above case, Ben has full right to claim on the agreements
(Goldman, 2013). Along with this section 87 of the similar act stated that seller have to send
notice of terminating of contacts to buyer and customers also have right to terminating contract if
any types of issues has been raised among both the parties.
2.3 General features of Agency and differentiate between the different types of agents
Agent is that person who make contract on the behalf of some other person of
organization in order to achieve some targets. On the other hand agency is process which
contract take place in between agent and individuals (Koutsias and Willett, 2012) For performing
function of agency there are some rules which need to be considered for the both parties in order
to develop contracts. Following are main features of agency.
 Before making any kind of contract it is important to take permission from the Principle
agent because he has right to take any kind of decision regrading to contract so
permission is important.
 Another rule of agency is that agent should act loyal and have to follow all the types of
rules and regulation of company in which he/ she acts as agent. In this agent should be
loyal towards company and along with they have to provide the best contribution so they
can easily achieve their business goals (Gillies, 2014)
Given below kind of agents which are very important for the company.
Factor
This type of agents are mostly use by the finance company. This type of agents collects
money or recovering the debts which they have to pay organization from where they borrow the
amount (Murray, 2013)
Bank
Bank acts as agent on the behalf of their customers and provides all types different types
of facilities of credit.
Auctioneer
This type of individuals become agents for the person who are owner of intellectual
property. This type of agent have full right on owner 's property and they have full rights to sales
their owner's property in public (Akintoye, Renukappa and Lal, 2012).
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2.4 Rights and duties of an agent
Agent is that person who make contract on the behalf of some other person of
organization in order to achieve some targets. Agent holds many types of right and duties for the
organization or person to whom they are working. Given below are the duties and rights if agent.
Rights
Agent has full right to recover the amount. As given in situation, it is clearly stated that
Ben have right to recover amount of car and among with these documents is also stated that he
has rights to claim amount of car sold (Oladokun and Aluko, 2014). Along with this agent has
also right to ask for payment for services to customers who are engaging in the transactions.
Duties
Duties of agent is that he has to carry all responsibility towards the organization for who
he working and also have duties to give guidance to customers who consuming product or
services. It is the duties of agents to conduct ethical operations and make different types of
contracts with customers (Goldman, 2013) Agent need to mentioned each and every information
regrading to the products or service to its customers so fair transaction is made.
TASK 3
Presentation
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Essay
3.1 Monopolies and anti-competitive practice legislation in the UK
In UK there are different types of anti-competitive legislation which apply on the
business organization. In order to prevent the consumer rights and their interest this legislation is
very important. Following are the legislation which apply on UK's organization (Palmer, 2014).
Enterprise act 2002
These laws are related to the mergers and insolvency and bankruptcy. These laws limit
mergers of two companies through which they can control over the market (About Us 2017) It is
also made sure that the organization is also possessed insufficient political impact with effective
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central practices. Thorough this law effectiveness and performance of business is improved in
the market.
Monopolies and restrictive practices act 1948
As per the guidelines of UK government, regulatory framework has en created which
control over the market and practices in company which make them to create monopoly in the
market. Through this act government try to control over the practices of organization so no
monopoly has been created in market and consumers get their products at a fair prices.
Monopolies and merges act 1965
If any merger is acquiring, is exceeding more than 25% on total market share than such
types of merger is restricted in the market (Koutsias and Willett, 2014)This act helps to
government to make any types of dominate position in market. It helps to consumers and small
business to get low cost products.
3.2 Role of the Competition Commission
Competition commission is regulatory frame work which is established within UK
market to ensue that fair practices has take place in market so business can be conducted easily.
It is ensures that competitive practices are also stabilizing that make sure unfair trade practices of
the trade are being conducted within the economy. So commission work for create development
and enhances profitability (Sprague, 2016). With the helps of fair practices the organization can
grow its business and performances which directly improve the development of company. In this
it is important that no unfair practices has take place in organization. Out comes of these
practices is that it promoted fairness in market ans along with these outcomes of this creates high
growth of business in market.
Along with this commission is also emphasized on reducing the monopoly and mergers
in market so effective outcomes can be received and market can achieve high growth.
3.3 Dominant positions within the EU common market
Dominate position in market is considering at that time when business organization make
an effective position in market and have greater control over the market share. So such types of
dominated positions can influence with the present competition in market. In the commercial
dominate position is that in which a particular product make position in market. In these types of
practices organization earn high sales and revenue in the market.
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In the EU market there are different types of laws and regulation which can impact on the
organization performance (Palmer, 2014) In order to avoid dominate position in market EU
make certain laws which emphasized on reduces impact on unfair market practices. These laws
also describing the roles of business firms and brings positive results in their present era. EU
laws is also helps to small business by avoiding the mergers in market. It stated in the EU that no
two companies can take merger in market if they are merger is more than 25% in the market.
Such type of practices are also helps consumers to protecting their interest (Veblen, 2015)
3.4 Instances when EU exempted potentially anti-competitive practices.
Competition police have created huge impact on business and it operations. However,
there are certain competition which is exempted from the practices which demonstrate
insignificant harm to the society for develops positive results. As per the legal document, which
falls under chapter 1 under 101 that make competition act that excluded from the policy of
competition (Welch, Saunders and Turezyn, 2015). As per the certain framework which stated
that there are certain laws and regulation which are exempted from the market in order to make
products or services more effectively.
For making a dominating position in market it is important that company need to male
effective business position which are ahead from such polices. In this aspect, relations are also
made which can be helpful to make procedure that states at workplace. In this context, there are
different types of elements which need to be make assessment of the project and helps to create
effective results (Sprague, 2016)Along with this polices should also be make effective way so
operations of organization are conducted easily (EU employment law. 2017) Policy Area,
Business and enterprise. In EU law there are some laws which make lower impact on company
and its business operations which make treading negative
TASK 4
4.1 Different forms of intellectual property rights
Intellectual property intelligible assets in company and intellectual property rights refers
to all legal action which are taken by regulatory firms. Such types of action are taken by the
organization in order to prevent their intangible and tangible property from the injuries (Wolfe Jr
and Pittenger, 2016). Thee are different types of IP rights which are given under the legal
regulations.
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Patent:
It is that right which used by organizations when they innovated or make some new
products or services for their customers. It is legal rights which taken by the company for taking
and protecting right of their products or services which they have make for their customers. It
helps to company for protecting their products from being copying in the market.
Trademarks
Trademarks refers to all those types of symbols, sign and name which are used by
organization to make their own different identity. It helps to consumers of company to make
differentiate their products from other organization if they are making duplicate of their products.
Copyright
Copyright is defined as right given to the creator of the goods or service. Whenever,
organization make or develop any types of new product or services then copyright has take place.
It kelps to company for preventing their products from being copied (Akintoye, Renukappa and
Lal, 2012).
4.2 Principles relating to the protection of inventions
There are some principles that have been formed for protection of the invention through
patent rights and legal rules. It helps to company to protecting their IP from being copied sand
taking effective measurement.
In this context the copyright support for ensuring that nay types of creation and invention
which created by the company is not copies by someone other. With the help of this the
organization can save their products identity. Before using any types of innovation individual
need to get permission from its creator and other person who are involved in making such types
of products. Along with this patent rights of the company helps to make protection from many
other types of threats (Bekkers, Duysters and Verspagen, 2012). Patent rights are used by
individuals or organization when they make some innovative products or services for their
customers. It also supports the organization in securing the obligations for the good or service
that has been created by the firm.
Apart, from all these there are some other types of legal rules which prevents
organization's products or services from being copied or save their inventions. Copyright, design
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and patent act 1988 helps to prevents the IP rights of company and along with this patent which
are taken by firm legal rights supports to them and protected for developing new products.
4.3 Principles relating to copyright protection and the legal rules preventing their
infringement.
There are various types of principles which are related to the copyright protection and
other legal rules preventing their
infringement which made in accordance to ensure the long term growth of company (Boldrin
and Levine, 2012) Copy right which protected innovation and new ideas from expedites. It aids
in making it ensure that goods or service that has been developed should not get copied. There
are various types of measures which are make in order to securing the IP rights. It is make sure
that in order to preventing IP from being copied and not sold.
If any other types, of creation which are created developed by firm is protected when its
duly registered as per copyright. Rights related to property are secured by the firm and art of
creating need to be protected. Such types of laws save firm from the reduction in privacy and
security issues (Bowyer, 2016). This types of laws are also helps to bring economics suitability
in firm and make sure than they survive in the market for the long term.
4.4 Compare and contrast the protection of trademarks and business names giving practical
examples
Economic aspects of firm gets influenced and affected by business law and legal
regulations. It also gives impact on growth of firm and its overall success. It also gets impact on
performances on company.
Trademarks refers to all those types of symbols, sign and name which are used by
organization to make their own different identity (Campbell and Boothby, 2016). It helps to
consumers of company to make differentiate their products from other organization if they are
making duplicate of their products. This helps to consumers to make differentiate in between two
products and services. Along with this company's name is also mentioned on the products so
consumers can easily make difference in between two products. Trademarks is also defined as
the offering a product in a specification identification. Along with this it makes different
company from its competitors.
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With the help of using trademark the organization can develop healthy practices for their
customers and supports services in market to give unique identification. By using name of
business identification of company and also supports for designing a unique identity of product
and service in the market (Cornish, 2012). For the consumers prospective it is very easy to make
difference in between two entity's products easily. Under this producers name of comp[any act as
symbols that assist to entity to make specific place in market. The major benefits of using
trademark is that competitors can not copy organization's products easily and it provides safe
environment to ventures.
CONCLUSION
Summing up the above report it can conclude that organization have to focus on laws and
regulation in order to conducted their business operation effectively. Legal aspects of company is
helps to them for preventing threats and different types of problems which they faced in order to
negligence. In ways to make target achievable it is important to follow certain laws and
regulation. From the above report it is also concluded that In UK there are different types of anti-
competitive legislation which apply on the business organization. These laws promoted fair
practices in market and prevent the consumer rights. Along with this there are creates types of IP
rights which helps to organization to make their products or services different from other and it
also helps to customers from making difference in between two entities products.
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REFERENCES
Books and Journals
14. 1141-1161.
Akintoye, A., Renukappa, S. and Lal, H., 2012. The abolition of the “contracts in writing” rule
in the 2009 Construction Act: Potential implications for UK adjudication. International
Journal of Law in the Built Environment. 4(2). pp.140–156.
Bekkers, R., Duysters, G. and Verspagen, B., 2012. Intellectual property rights, strategic
technology agreements and market structure: The case of GSM. Research Policy.
31(7).pp.
Boldrin, M. and Levine, D. 2012. The case against intellectual property.American Economic
Review, pp. 209-212.
Bowyer, M. L., 2016. Insurance contract law and regulation and competition in the UK
insurance industry: The missing link. Journal of Financial Regulation and Compliance.
8(2). pp.140 – 150.
Campbell, E. and Boothby, C., 2016. University law clinics as alternative business structures:
more questions than answers? Edited by Francis King.The Law Teacher. 50(1). pp.132-
137.
Cornish, G., 2012. Dictionary of Intellectual Property Law. Reference Reviews. 26(2). pp.13 –
Dimatteo, L. A., 2016. International Business Law and the Legal Environment. Routledge.
Eberlein, B., Abbott, K. W. and Wood, S., 2014. Transnational business governance
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Geuna, A. and Rossi, F., 2011. Changes to university IPR regulations in Europe and the impact
on academic patenting. Research Policy. 40 (8). pp. 1068-1076.
Gillies, P., 2014. Business Law. Federation Press.
Goldman, A., 2013. Business law: Principles and Practices. Cengage.
Koutsias, M. and Willett, C., 2012. The Unfair Commercial Practices Directive in the UK.
Erasmus L. Rev. 5. p. 237.
Murray, J., 2013. Defending Patagonia: Mergers & Acquisitions with Benefit Corporations.
Hastings Business Law Journal. 9(485).
Oladokun, T. T. and Aluko, T. B., 2014. Dispute resolution in corporate multi-tenanted property
management: a case study. Journal of Corporate Real Estate. 16(1). pp. 22 – 32.
Palmer, C. R., 2014. Common law environmental protection: the future of private nuisance, Part
I. International Journal of Law in the Built Environment. 6 (1/2). pp. 21 – 42.
Sprague, R., 2016. Editor's Corner: Publishing Impactful Scholarship.American Business Law
Journal. 53(1). pp.5-8.
Veblen, T., 2015. The Higher Learning in America: The Annotated Edition: A Memorandum on
the Conduct of Universities by Business Men. JHU Press.
Welch, E. P., Saunders, R. S. and Turezyn, A. J., 2015. Folk on the Delaware General
Corporation Law: Fundamentals. Wolters Kluwer Law & Business.
Wolfe Jr, D. J. and Pittenger, M. A., 2016. Appeals and Certification of Questions of Law to the
Supreme Court of Delaware (Vol. 1). Corp and Commercial Practice in the Delaware
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Online
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Through:http://www.legislation.gov.uk/ukpga/2002/40/contents>. [Accessed on 28th
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Policy Area, Business and enterprise. 2017 [Online]. Available
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