Business Law Research and Analysis

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This business law assignment requires students to analyze various legal aspects relevant to contemporary business practices. It focuses on examining key sources like case studies (e.g., Grundfest, 2010), scholarly articles (e.g., Foss & Knudsen, 2013; King & Raja, 2013), and books (e.g., Lawrence, 2013; Scholes, 2015) to understand concepts like corporate governance, international business transactions, internet regulation, and the impact of law on finance. Students are expected to demonstrate their comprehension by critically evaluating the presented information and drawing insightful conclusions.

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BUSINESS LAW

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Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1 ...........................................................................................................................................3
1.1 Legal norms relate with sale of goods and services.........................................................3
1.2 Legal laws on movement of property and its possession.................................................4
1.3 Legal rules and regulations on remedies, for parties involve in sales contract................4
1.4 Legal rules or provisions related with goods indebtedness..............................................5
TASK 2............................................................................................................................................5
2.1 Different agreements of credit..........................................................................................5
2.2 Rules, termination rights and default notices...................................................................6
TASK 3............................................................................................................................................8
3.2 Monopolies and anti- competitive practice legislation.....................................................8
3.2 Role of Competition commission context of monopolies and anti-competitive..............8
3.3 Dominant position at EU market......................................................................................9
3.4 Petition of EU exemptions to potentially anti- competitive practices..............................9
TASK.4..........................................................................................................................................10
4.1 Determine and prepare a scenario for different types of possession rights....................10
4.2 Protection of patent rights and legal rules preventing their conflict.............................10
4.3 Safety of copyright by legal rules...................................................................................11
4.4 Prevent trademark with example....................................................................................11
CONCLUSION:...................................................................................................................11
REFERENCES:.............................................................................................................................12
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INTRODUCTION
Business law cover all rules and regulations necessary to run all activities of
business in a effective way. It helps in safeguarding interests of people involve in sales
contract (Folsom and et. al., 2012). This describe rights and duties of sellers, buyers
and agents in order to consist transparency. It contains various sections which describe
the duties of buyer before buying a product, it states that it is the duty of buyer to verity
all features and quality of product before buying. Products and features should be same
before and after the delivery. It is the responsibility of a seller to keep the buyer aware
about all conditions of product. Purchaser of product can use various methods of
payments according to his need. Duties of agents are described under this report along
with this various legal provision related with transfer of property is also described.
Various situation in which in which buyer can sue against seller and seller can take legal
action against buyers are are mentioned in this report.
TASK 1
1.1 Legal norms relate with sale of goods and services
This act is enacted by legal authority to protect the rights of seller and buyers
from any exploitation and fraud. In fact sale of goods and services is implemented in
respect of products that are sold and buy for satisfying the need of customers and
whole society (Bagley, and Dauchy, 2011). According to this law after transferring of a
possession from supplier to consumer then that individual is liable to pay for it. Legal
authorities have enacted many rules and regulation related to sales of goods act for
their effective use are stated below :-
Accurate data is very much indispensable about product before buying process.
Fulfils all the terms and conditions which is mentioned by company or supplier.
Delivery of a goods and services at a right time to a right person in a given time
frame.
Ensure that contract between buyer and seller must free from any fraudulent
activities and misrepresentation's.
Price of a goods must be similar for every consumer without any change on the
basis of income groups.
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1.2 Legal laws on movement of property and its possession
Legal authority of a nation amended numbers of laws to fulfil the demand of
parties involved in a trade. After that buying party instantly hold the authority of
possession as he/she purchase products . Norms which is used by Mr. Ben here
includes the following:
Sec 16: Ownership of a product is transfer from buyer to seller(Spalding, 2011.).
Sec 17: Product passing from one place to another need to be specific and authority of
a goods will move with the consent of both parties involving in a contract.
Rule 1: commodity which has been passes at the time of executing agreement is only
sold by seller and it has to be special and definite.
Rule 2: Products are only sell after the permission of purchaser or with the intent of the
vendor to sold
Rule 3: Title must be transfer to purchaser and only to purchaser form seller of goods.
Rule 4: After delivery of goods risk related product transfer to buyer of products.
1.3 Legal rules and regulations on remedies, for parties involve in sales contract.
Sue can be done by seller to purchaser in various cases which are stated below:-
For Price
By considering section 55(1) vendor have the authority of suing if consumer
is denying to pay after delivering the product according to the terms of contract:
ii. Alteration occurred due to rejection
On the basis of section 56 merchandiser have the right of sue buyer for
damage occurring through rejection.
Customer can sue vendor in two different circumstances which are given below:-
Harm causes through non delivery of products.
By considering section 57 vendee have the authority of reacting against vendor
for losses of non delivery of goods.
Break of assurance
On the basis of 59-1 consumer have the rights to take legal action against seller for not
accepting the goods in guarantee period.
Particular features

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On the basis of section 58 as well as specific relief act, 1877 buyer have the right
of suing vendor for giving false good.
As per above scenario consumer can sue vendor under certain circumstances as the
purchaser was stranger that the meter of car was damaged , it was utilised by two
parties and the another proprietor used the vehicle as a taxicab which blocked the
speed of car(Appleman, Appleman, and Holmes, 2015). Therefore customers are liable
for their damage like in a Ben's case he is responsible for his damage.
1.4 Legal rules or provisions related with goods indebtedness
In the mentioned care the buyer was unaware about real conditions of car. After
some time he knew about actual conditions of purchased product than he told the seller
about the car's conditions than vendor of product told Ben about the rules of section 9
which clearly states that after selling the product seller is not responsible for goods
(Pohl, 2017). It is the responsibility of buyer too verify all conditions and quality of
products before entering into a contract of sale.
On the basis of consumer protection act, here Ben should gather written
document of vehicle at the time of using as a taxicab. Therefore it act as a proof that he
was not aware about real conditions of auto. In this condition seller is responsible for
breaking of duty. Here Ben must be able to show real condition of purchased car to
seller only than he will be able to get the compensation from vendor of product. Court
can then be able to effectively analyse all the conditions and can give punishment to
seller. Loss which is caused to Ben and his family the seller is liable for that.
TASK 2
2.1 Different agreements of credit
In business environment many type of agreements take place to protect the
interest of parties involve in agreement. Various laws and regulations are applied to all
agreements in order to safe consumer's interest. Different acts and legislations helps in
telling consumers about their rights (DiMatteo, 2010). Ben has done payments to the
seller by using various methods. Different methods which can bes used in sales of
goods act includes the following:
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Credit sale: It is one of the most popular form of method used in credit
transaction. Under this buyer first make partial payment to seller and than make
full payment.
Hire purchase: In this contract buyer get possession of goods at an immediate
base and than make payments to seller in instalments.
Conditions sale: under this buyer buy the product in fulfilment of certain
condition. Otherwise he /she refuse to buy the good.
2.2 Rules, termination rights and default notices
Rights of both vendor and seller gets terminated when contracts come to a end.
In the given case study buyer of product or Ben has a right to choose the method of
payment (Bagley and Dauchy, 2011). If the seller did not like buyer's method of doing
payment than he don't want to continue and wants to terminate the contract. Both buyer
and seller can terminate the contract if seller is not satisfy or does not like buyers
method of payment and if buyer is facing some problem in doing payment than both can
terminate the contract.
Following are the rules of termination:
contract can be terminated by one party.
It is responsibility of buyer or give back the product to sellers in case of
termination.
2.3 Features of agency OR difference between kinds of agents.
The term agency has been describe various ways because it is a very broad
concept with full of complexity (Spalding, 2011). In fact it is a special type of contract
between two parties in which there is a presence of middlemen . According to this
agency one party is called as principal whereas other one is agent who is acting in
behalf of a third party.
Some of a useful features of a agency are mentioned below:-
Eminent role of legal authority.
Fulfilment of essential terms and conditions.
Absence of fraudulent and misrepresentation's.
Availability of three parties.
There are different kinds of agents are available during making contract are -
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General agent – According to this type an agent have the authority to carry out a
particular transactions on behalf of their principal to execute particular contract.
They have only general powers which may differentiate them from other (Snyder
and Deaux, 2012). Special agent – Whereas these mediator have a special powers which other
don't have and they only act on specific designated instance because of their
authority.
Independent contractor- According to this agency, contractor does not
controlled by anyone in fact they are free to take part in any of a transactions on
the basis of their choice.
2.4. Authority and responsibilities of representative.
Authority of an agent are stated below- Rights of recovery- Representative have the authority to recover his amount by
principal for his work from amount given by principal which is consider as his
commission. Right to stop transaction- According to this, agent have the power to end the
goods in transit when its transferring from customer to principal. Authority to claim remuneration – According to terms and condition of agency
agreement they have a power to demand his payment.
Right to indemnity – According to this right it is indispensable for agent to make
principal answerable foe every kinds of sufferings.
Duties of agent are consider as their responsibility towards particular contract are
given below:-
It is necessary for agent to consider all the essential instructions given by
principal.
If there is a occurrence of any complicated circumstances then it is indispensable
to interact with principal and prefer his advice.
Agents must avoid any secrets profit in the absence of principal.

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TASK 3
3.2 Monopolies and anti- competitive practice legislation
Structure of a exiting marketplace have a greater impact on a overall
organization as well as customers both in every aspect. In fact there is a emergence of
numbers of business in present market and all the companies have their market share
and manufacturing costs which are interrelated with each other as well it also effect
current market policy.
Monopoly is a situation where an organization or overall industry act as a single
seller which signifies by having more than 25% of total sale (Crane and Matten,2016).
To eliminate or improve this monopolistic market governing bodies have enacted anti-
competitive business whose main motive is to remove this single seller policy at a
marketplace. UK competition act and enterprise act is very helpful in understanding the
norms, beliefs, rules and regulations of government anti competitive practices. The main
motive of these law is to promote competition in market and trying to implement better
than ever by applying various useful tactics. Advisory bodies of a UK enacted many
more laws to protect whole nation from exploitation.
3.2 Role of Competition commission context of monopolies and anti-competitive.
This commission is implemented in a 1999 to control and manage mergers,
acquisition, joint ventures as well as monopolistic activities at a marketplace. The main
motive of this institution is to eradicate presence of single seller and policy of mergers
commission. It ensures to establish safety at work place in UK for betterment of whole
society. Apart from this, office of fair trading have a collaborations with competition
commission to conduct inquiry process into different sectors for example gas and
electricity to impose healthy competition at marketplace of UK (King and Raja, 2013).
Basically it ensures mergers in between different companies by protecting them from
any fraudulent activities and misrepresentation's. To conduct fair trading in UK
competition commission plays a very vital role in various sectors and trying to regulate
overall corporate world by adopting effective strategies.
Instead of all the above, one of a major use of this commission in given case is
that it protect seller from any pressure and forceful actions of buyer. Therefore they just
want to establish a market free from any discrimination or exploitation as well as
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misrepresentation's by frauds. At last it also regulate sectors for example water, gas,
and transporting.
3.3 Dominant position at EU market.
This term dominance describes particular position of an organization at a
marketplace which defines that they have only full control over whole market due to
which they can establish their strong position which may exploit number of customers.
Dominant position of a firm is measured with their 50% control over exiting market
which shows clear unfair trade with their competitors as well as customers (Ellison and
Boyd, 2013). Legal authorities can easily remove this barriers of dominant position by
implementing various programs and institution are stated below-
Discrimination in pricing policy means to charge different prices from various
consumers according to their incomes groups which might be resulted in a abuse
of this policy of dominant position.
Abolished by law and order which force companies to eliminate this strategy of
monopolistic.
Create a perfect competition at marketplace in between various competitors.
At last with above information it has been concluded that governing bodies have
amended many more rules and regulations to eradicate monopolistic market.
3.4 Petition of EU exemptions to potentially anti- competitive practices
On the basis of EU exemptions behaviour of a customers are divided into three
different parts which is very useful and effective for whole society because it protect
them from any harmful effects or damages. In fact according to article 101 small
enterprise must consider these exemptions by holding only 10% of a relevant market.
Therefore, after that number of block exemptions are emerges for different types of
contracts which are introduced by commissioner.
Apart from this, given case study must consider all the essential terms of EU
exemptions for appropriate execution of a anti-competitive practices at a marketplace.
In given case study Ben's wants to refund in place car due to incident faced by him and
applied legal rules to resolve his worst circumstances.
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TASK.4
4.1 Determine and prepare a scenario for different types of possession rights.
Intellectual property is a creation by particular owner to protect their products
from any misused and use by other company by acquiring consent with legal authority.
Basically products like music, literatures, books, inventions, quotes, designs and
symbols are prevented by law and order as a intellectual property. Raw materials is
secured court with the help of patents, trademarks and emblems, which may reform
folks to acquire money and more and more profit for what they create.
Here is a some of a useful and effective intellectual property are stated below:-
Different kinds of Intellectual property are explained below:-
Copyright- It is a legal authority implemented by law and order of a nation which
grants the special right to innovator of a original work for its usage as well as
distribution. According to this authorization, it is only applicable on certain forms
of unique task. In fact only owner of a brand have a right to grant licence to
another company to use their brand name for promoting their product across
national boundaries.
Patent right- It is set of rights granted by sovereign state to innovator for limited
period of time. It is a form of intellectual property protected against misused by
fraud and misinterpretation.
Trademark- According to this intellectual property, an organization have their own
sign , design and expression which differentiate product from other goods. In fact
it also known as service marks which identify company symbols from other one.
Trade Secrets- It is a confidential information which is used by organization for
exchanging goods and services at a international level. Apart from this, it
consider as secret formula, process or any design implemented by particular
company to produce unique and different products.
4.2 Protection of patent rights and legal rules preventing their conflict.
According to the legal rules every organization have the authority to protect their
patent rights from getting exploited or from any harmful affect(Ye, Law, and Chen,
2011). Due to emergence of advanced technology, there is occurrence of large number

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of hackers who have the capability of copying patent of other innovators. To protect this
intellectual property government have enacted many more laws and rules for preventing
it from any misuse by fraud. Patent rights are the authority granted by advisory bodies
for example writers have their own patent of publishing their novels so that no one can
cheat them. On contrary to this, norms are amended to prevent them from harmful
affect or by hackers.
4.3 Safety of copyright by legal rules.
Right assigned by government to defend original work of a owner from coping by
other companies. Therefore owner of a innovator have the authority of assigning right to
another institution to use it as a licence grated by owner for specific time period. Legal
authority have implemented many more impressive laws, rules , norms, beliefs and
regulations to be aware from cheater and hacker. Some of basic rules are stated
below:-
Help from professional groups to remove barriers and obstacles of copyright.
Accurate information and data about own intellectual property.
4.4 Prevent trademark with example.
Legal authority have implemented many techniques to protect it from misuse and
exploitation by taking appropriate steps and generate new ideas. First and foremost
thing is to protect IP address from hackers by acquiring accurate and reliable
information. Apart from this it is very essential to appoint skilled and specialised person
to act accordingly by taking effective decision at the time of panic situation. One of
appropriate example is to prevent trademark to register the name of a company legally
so that they can easily sue their competitor in case of misuse.
CONCLUSION:
By concluding this, it has been summarized that legal authority have
implemented numbers of laws to protect companies from getting exploited and misue
with the help of effective rules and regulation. In an organization manufacturer is
responsible for their products which was produced by them by considering appropriate
quality of a goods and hospitality provided to customers. If it is not appropriate then
buyer have the authority to take immediate action against them. Governing bodies of a
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UK decided to expand their business in domestic market as well as foreign and have a
greater impact on existence of different enterprises. Apart from this, report is also
consist of various useful intellectual properties to protect the rights of a exiting
organization as well as their creative competitors. For example trademarks, copyright,
trade secrets etc.
REFERENCES:
BOOKS AND JOURNAL.
Appleman, J.A., Appleman, J. and Holmes, E.M., 2015. Excuses for Nonpayment and
Defenses to Actions for Premiums (Vol. 5). Appleman on Insurance Law and
Practice.
Bagley, C.E. and Dauchy, C.E., 2011. The entrepreneur's guide to business law. Nelson
Education.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
DiMatteo, L.A., 2010. Strategic contracting: Contract law as a source of competitive
advantage. American Business Law Journal, 47(4). pp.727-794.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Ellison, N.B. and Boyd, D.M., 2013. Sociality through social network sites. In The Oxford
handbook of internet studies.
Folsom, et. al 2012. International business transactions: a problem-oriented
coursebook.
Foss, N.J. and Knudsen, C., 2013. Towards a competence theory of the firm (Vol. 2).
Routledge.
Grundfest, J.A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics,
and the Law. The Business Lawyer. pp.361-394.
Hammond, K.J., 2012. Case-based planning: Viewing planning as a memory task.
Elsevier.
Haselmann, R., Pistor, K. and Vig, V., 2010. How law affects lending. Review of
Financial Studies, 23(2). pp.549-580.
King, N.J. and Raja, V.T., 2013. What do they really know about me in the cloud? A
comparative law perspective on protecting privacy and security of sensitive
consumer data. American Business Law Journal, 50(2). pp.413-482.
Lawrence, G.M., 2013. Due Diligence in Business Transactions. Law Journal Press.
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Luban, D., O'Sullivan, J.R. and Stewart, D.P., 2010. International and transnational
criminal law. Aspen Law & Business.
Pohl, M., 2017. HANDBOOK ON THE HISTORY OF EUROPEAN BANKS. Economics,
(357).
Scholes, M.S., 2015. Taxes and business strategy. Prentice Hall.
Snyder, M. and Deaux, K., 2012. Personality and social psychology. In The Oxford
handbook of personality and social psychology.
Spalding, A.B., 2011. The Irony of International Business Law: US Progressivism,
China’s New Laissez Faire, and Their Impact in the Developing World.
Weber, R.H., 2010. Internet of Things–New security and privacy challenges. Computer
law & security review, 26(1). pp.23-30.
Ye, Q., Law, R., Gu, B. and Chen, W., 2011. The influence of user-generated content
on traveler behavior: An empirical investigation on the effects of e-word-of-
mouth to hotel online bookings. Computers in Human Behavior, 27(2), pp.634-
639.
Online
Business law. 2017. [Online].Available
through<http://www.dmu.ac.uk/study/courses/undergraduate-courses/business-
law-llb-degree/business-law-llb-hons.aspx>. [Accessed on 28th June 2017].
What is Business Law?. [Online]. Available through: <https://www.hg.org/corp.html>.
[Accessed on 28th June 2017].
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