This document provides an introduction to business law, covering the formation, management, and closing of businesses. It also discusses the Consumer Rights Act 2015 and its provisions.
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INTRODUCTION TO BUSINESS LAW
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Table of Contents INTRODUCTION {200}................................................................................................................3 CONSUMER RIGHTS ACT, 2015.................................................................................................3 Q1................................................................................................................................................3 Q 2...............................................................................................................................................5 Q 3...............................................................................................................................................6 Q 4...............................................................................................................................................7 CONCLUSION................................................................................................................................7 REFERENCES................................................................................................................................8
INTRODUCTION {200} Business laws encompasses all the laws dictating the formation and running of business. It includes all laws governing the process of starting, managing and closing or selling type of business. Business laws establishes all the rules and provisions that the businesses are required to follow. It includes federal and state laws and also the administrative regulations. The business law of United Kingdom is Companies Act, 2006 and UK Corporate governance code.The law ensures that all the provisions laid down are followed by the enterprise.Consumer Rights Act 2015 was established replacing three major consumer legislations. Unfair Terms in Consumer contract , Sale of Goods Act and Supply of Goods & Services Act. The law is introduced by the government to strengthen, simplify and to modernise the laws giving the consumers clear shopping rights. The law provides for the quality of goods to be expected, the disclosures that corporations are required to made over the products (Consumer Rights Act 2015,2019). It provides for the rights that are available to both the consumers and the sellers. Actions against the sellers can be taken on event of breach of the contract and other events. The report is base overthebreachofcontractualtermsbetweenthesellerandbuyer.Itwillprovidethe understanding about the Consumer Rights Act 2015 and its related provisions. CONSUMER RIGHTS ACT, 2015 Q1 Implied terms: In case of implied terms, it mainly stated that it is such terms and condition which is stated by the one party to another in respect of entering into the contract. As such terms and condition are not mentioned in the contract but carry the equal right and responsibility which is the duty of the party to follow it. As contract refers to such agreement which is made between the parties regrading dealing in any such matters which is made with the consideration. As all contract are agreement but all agreement are not contract(Barnard, 2016). It is not necessary for the business to mention everything under the contract. So, that they prefer the implied terms which is stated in respect of fulfilling it in right way. In this case the deal is made between Sarah, the store manager and John, consumer who purchase the TV set by undertaking the implied terms. Sale of Goods and Services Act, 1982:
This indicates that sale is made between the parties regarding dealing in any such valuable things which results in fulfilling the needs of both the parties. Thus, it is necessary that sale must be made on the bases of undertaking reasonable care and also skills are to be carried in respect of providing accurate details(Khatri, 2018). This is stated under section 10 that before selling any goods to any consumer, it is necessary that the trader must carry the complete knowledge regarding the goods before giving any conclusion to any of the consumers. In relation to carrying the skills regarding presenting the product, it is necessary that adequate skills and judgement is necessary before entering into any contract. It is examined that if any rights are infringement or violated regarding dealing in any such matters, the consumer carry the right regarding approaching or filling the suit under the consumer protection Act, 2015. In this act, larger number of rights and regulation are given to consumer regarding securing the rights which is affected through dealing in any sale or purchase of goods or services. Legal rules on implied terms: The major rules which is carried under the implied terms is relating to not excluding all the terms which is carried under the implied terms. As all condition are not excluded in respexct of implied as some terms carry the equal right through which the decision is undertaken regarding purchasing the products(Shears, 2016). Thus, implied terms refer to the supplement of the contractual agreement which is legally bound upon the parties to follow it and it is as similar to the contract. In respect of dealing in such contract, it results in arising effective relationship between the parties and also contract is entered in fair conditions. In terms of legality, it carries three modes in which the implied terms are legal. Firstly in case of Statues, in which the parliament itself more some terms as compulsory which is to be followed by both the parties without any default(Latimer, 2016). Secondly, the term is made by the courts in which the exclusion clause is imposed regarding carrying the provision mentioned in contract. As the court carry two aspects, implied in facts and implied in law. Third facts is relating to the implied terms in customs, in which the customer can be made under the condition which is made between the parties regarding entering into the contract or the way of undertaking the norms. Implied terms applied in John case:
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In this case, John faces the issues regarding carrying the implied terms in which Sarah stated the benefits points regarding purchasing the set of TV but after three weeks, the crises arises regarding not working of TV as per the said terms. Thus, in this case the John can file the case under the consumer protection act in which he is liable to get compensation for the losses incurred. As under the section 10, it is stated that trader must be familiar with all the consequences which arises through adapting such products(Caine, 2017). Thus, before selling these products to consumer, they must be completely satisfied with the services or liability which arises after attaining the particular products. Thus, in such manner, John can file suit against the departmental store regarding not fulfilling the implied terms which they said during purchasing the TV. Similar case: By viewing this stated case, it is compared with the case ofBSS group Plc V Makers (UK) Ltd. [2011] EWCA Civ 809, in this case the deal is made under the terms of implied condition in which the BSS supplied the adapter and valve for use in plumbing purpose. After suggesting all the condition, makers cause high flooding activities while using such products which results in causing heavy losses (BSS group Plc V Makers (UK) Ltd. [2011],2017). Thus, the judgement under implied terms are raised regarding breach committed by BCC under section 14 of the sale of goods act. Q 2 In these aspects, the matters related to statutory provision stated that the laws and regulation which are written under the statute or mainly imposed by the parliament. Thus, every individual who entering into any type of contract are liable to perform their duty under the statutory provision. Thus, in case of transfer of property and possession act, the transfer is accomplished, if the property deed is finalized and signed by parties and also possession is handed over regarding enjoying the rights of the property. In such aspects, the application of statutory provision are undertaken regarding the norms which is tested by the parliament regarding transferring the property is to be followed and such property can be tangible and non tangible(Turner and Amirnuddin, 2018). Thus, statutory provision are clause in a statute which deals in particular subjects. In case of implied terms, the provision stated that some condition which affecting the right of the parties must be fulfilled without any negligences. Similar in case
of dealing in any things such as TV with the said judgement and care regarding the brief description about the TV, then the duty is to be imposed regarding fulling the terms. In this case, john carry the statutory rights as this is not excluded under the statute law and also it is mentioned under section 9 of the consumer protection act, that changes which are required for further perspective are to be made to secure the right of the consumer(Kelly, 2018). Thus, in such manner there is some necessary changes which result in securing the right of the parties before dealing in any of the goods without the terms mentioned in contract. John is liable to get monetary amount or replacement of TV regarding not selling the accurate products or also not undertaking the said terms which they made during selling the TV. Q 3 In context of dealing the statutory provision regarding buying and selling of goods under the sale of goods act, it carries various terms such as there must be two parties, buyer and seller and also the deal must be made on the bases of some consideration or other valuable things. In thus the sale deed must be signed between the parties regarding delivering the goods with good quality and also within the stipulated time period(Riefa and Willett, 2018). The statutory provision stated that some norms are imposed by the parliament regarding using and selling of goods and also remedies are to be given to both the parties if they face crises regarding dealing with each other. Thus, in case of sale of goods act, sellers carry the remedies in respect of filling suit regarding not receiving the accurate prices which set during entering into the contract, or they also carry the damages which the seller faced regarding not accepting the goods once fixed by the buyers. This statement is supported with the case study of the Colley V. Overseas Exporters [ii], in this case the issues is raised regarding not getting timely deliver of order and for thatbuyerfilesuitagainstColleyforpayingcompensation(COLLEYVOVERSEAS EXPORTERS: 1921,2020). But in this case, the seller is not obliged to pay as the order is made on timely bases but the ship is not available and for that the crises arise regarding not getting timely delivery. In relation to undertaking the remedies in context of buyers, it is examined that they carry the right regarding recovering money from the seller in respect of breach committed in not fulfilling any of the conditions(Giliker, 2017). They also carry the right to terminate the contract when they feel that they are not more in needs of carrying such sale deed. Buyer also carry the right regarding demanding specific performances in completing the particular projects. In case of
buyer and seller when they both feel that the contract is repudiated or one party not able to perform the contract till the said time period, then it results in giving rise to anticipatory breach. This is supported with the case study of the Hochster v De la Tour, in this case the one party refuse to perform the contract or not able to carry the terms when the contract is existing. This indicates that one party carry the anticipatory breach in respect of recovering the money from the seller regarding the losses incurred (Hochster v De la Tour,2020). Q 4 Liability of the products is occurred when the products are defected or resulting causing damages or losses to any of the person. Thus, in such manner the liability is undertaken regarding paying compensation for the losses incurred. In relation to the statutory provision, the law states that the seller must sell the good which is meeting the extra ordinary expectation of the consumer. Thus, liability occurs to manufacture or seller regarding paying compensation for the losses incurred(Bakar, Yasin and Razali, 2018). In case of John, they can file the suit under the consumerprotectionactregardingsupplyingfaultygoodswhichresultsinfacinglosses regarding purchasing such goods or also dealing with the department store regarding further purchasing of goods. CONCLUSION From the above study, the report conclude the matters relating to carrying the matter under the consumer protection act, when the right of the consumer are not secure or violated through tactics of sellers. It is also examined that the not all implied terms are excluded under the statutory provision, few carries the rights and remedies to be implemented to secure the integrity of the consumer. As most of the business carry the implied terms, as all the terms are not input under the contract, thus, they carry the liability in relation to dealing with the implied terms. Thus, from such perspective, implied terms are legally bound upon the parties to follow it without any negligences. Under the sale of goods act, the parties are liable to enter into the sale deed which results in carrying remedies regarding securing their rights if infringed through any of the transaction.
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REFERENCES Books and Journals Bakar, N.M.A., Yasin, N.M. and Razali, S.S., 2018. Consumer Rights Act 2015 (United Kingdom): Is it a Good Model in Protecting Banking Consumers from Unfair Terms in IslamicBankingConsumerContractsinMalaysia?.JurnalUndang-undangdan Masyarakat.22. pp.21-31. Barnard, J., 2016. The virtue of cooling-off rights to consumers:'be in the habit of choosing the mean'-acomparativediscussionofSouthAfrica,theUnitedKingdomand Belgium.Comparative and International Law Journal of Southern Africa.49(1). pp.1-23. Caine, C.A., 2017. “Dieselgate” and Consumer Law: Repercussions of the Volkswagen scandal in the United Kingdom.Journal of European Consumer and Market Law.6(2). pp.85-87. Giliker, P., 2017. The Consumer Rights Act 2015–a bastion of European consumer rights?.Legal Studies.37(1). pp.78-102. Kelly, C., 2018. Consumer reform in Ireland and the UK: Regulatory divergence before, after and without Brexit.Common Law World Review.47(1). pp.53-76. Khatri, B., 2018. Getting the Definition of “Consumer” Right: Worrying About the Smaller Ones in Fiji. InIntegration and International Dispute Resolution in Small States(pp. 115-139). Springer, Cham. Latimer, P., 2016. Protecting consumers from unfair contract terms: Australian comparisons. Riefa, C. and Willett, C., 2018. Enforcement and Effectiveness of Consumer Law in the UK. InEnforcement and Effectiveness of Consumer Law(pp. 673-695). Springer, Cham. Shears, P., 2016. The Consumer Protection Regulations in the UK: The Story So Far.European Business Law Review.27(1). pp.177-193. Turner, J.J. and Amirnuddin, P.S., 2018. SOCIAL MEDIA PRIVACY AND THE LAW: PERSPECTIVES FROM MALAYSIAN AND UK CONSUMERS.SEARCH-JOURNAL OF THE SOUTHEAST ASIA RESEARCH CENTRE FOR COMMUNICATIONS AND HUMANITIES.10(2). pp.31-58. Online BSSgroupPlcVMakers(UK)Ltd.[2011].2017.Online.Availablethrough: <https://www.casemine.com/judgement/uk/5a8ff71c60d03e7f57ea7aa9>. COLLEYVOVERSEASEXPORTERS:1921.2020.Online.Availablethrough: <https://swarb.co.uk/colley-v-overseas-exporters-1921/>. HochstervDelaTour.2020.Online.Availablethrough: <https://www.casebriefs.com/blog/law/contracts/contracts-keyed-to-murphy/breach-of- contract-and-permissible-remedial-responses/hochster-v-de-la-tour-2/>. ConsumerRightsAct2015.2019.Online.Available through:<https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act>