Business Law Comparative Analysis

This assignment requires students to conduct a comparative analysis of business laws between two chosen jurisdictions. Students should examine key areas such as contract law, company law, and intellectual property rights, discussing the similarities and differences between the selected jurisdictions. The task involves critical thinking, legal research, and analytical writing skills.

BUSINESS LAW
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TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................3
TASK 1............................................................................................................................................3
1.1 Advice to Ben on legal rules of implied terms associated with sale of good and supply of
services.........................................................................................................................................3
1.2 Advising Ben over statutory provisions on transfer of property and possession...................4
1.3 Evaluating the statutory provision on buyer's and seller's remedies within sale of goods
contract.........................................................................................................................................5
1.4 Analyzing and advising on product liability legal rules and statutory provision for faulty
goods............................................................................................................................................6
TASK 2............................................................................................................................................7
2.1 Differentiation among kind of credit agreements that Ben as consumer can use..................7
2.2 Analysis of legal rules on termination rights and default notices for Ben as consumer........7
2.3 Analysing the general features of agency and differentiate among varied kinds of agents 8
2.4 Evaluating the rights and duties of agents for assisting Ben understand his position...........8
TASK 3 essay .................................................................................................................................9
3.1 Outline and explain monopolies and anti-competitive legislation in UK..............................9
3.2 Role of competition commission in context of monopolies and anti-competitive practices. 9
3.3 Dominant position within EU common market...................................................................10
3.4 Discuss instances when under EU law exemption made ....................................................10
TASK 4 ESSAY ...........................................................................................................................10
4.1 Identify and explains different forms of intellectual properties rights................................10
4.2 Principles related with protection of inventions through patent rights and legal rules
preventing their infringement....................................................................................................11
4.3 Principles related with copyright protection and legal rules................................................12
4.4 Compare and contrast the protection of trademarks and business names............................12
CONCLUSION..............................................................................................................................13
REFERENCES..............................................................................................................................14
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INTRODUCTION
Business law is mainly employed to have promotion of ethical practice under regulatory
framework. It allows to make sure that commercial transactions are being performed under the
standards of regulatory framework. In UK the parliament of Britain is accountable to design
frameworks so that better protection can be offered to individual and businesses in context to
legalization. In addition to this, it can be said that parties are bounded under of legal values such
as Sales of Good Act, Competition act and Monopoly act. In present study the facts related to the
business law and its activities will be evaluated. In this respect the legal cases of intellectual
property are also being discussed so that standards can be well maintained. It employed the
major principles that affects the lawful association among the business and their target market.
By having an appropriate consideration of diverse measures the legal valuation can be promoted
in desired manner.
TASK 1
1.1 Advice to Ben on legal rules of implied terms associated with sale of good and supply of
services
As per the case, it can be said that Ben is looking forward to have purchase of new car for
which he has reviewed the car dealer’s magazines. In given advertisement the details about the
car has been presented. However, at the visit to the showroom it has been identified that car is
not available at the store. It was demanded that if Ben wants to review the car before purchase he
has to pay additional 150 GBP. Ben has accepted the offer and took a test drive of the car. Ben
has purchased the car on immediate basis and he went to trip with his family (Collis, 2012).
During trip he witnessed that car engine is facing issues regarding heat up and demands a regular
cool down process to get restart. When he took the car back to store for check-up, he get to know
that car is not second hand car. It is firstly being purchased by owner then it was sold to person
who took car as taxi cab. After that car is being sold to ben so information provided to Ben in
advertisement was correct but not properly detailed (Cornish, 2012).
Also, there was an exclusion in terms and conditions which was added by car dealer regarding
rejection of sales return. It clearly indicates that the legal considerations are related to the Sale of
Good Act 1979. In this, section 12-15 can be referred by parties to have final decision. As per
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section 12, seller must have transfer of ownership in order to meet standards. Also, description
provided about product must be appropriate under section 13. Section 14 and 15 considers the
quality factor which also need to be referred properly (DiMatteo, 2012). In addition to this, it has
been identified that the quality of product within the test drive was not actually portrayed as the
area for driving was not same as compared with actual condition. It has been also witnessed that
dealer has not acted according to the legal boundation. Product quality was not appropriate so it
can be considered in faulty. However, exclusion clause was set out by company but it cannot be
contradict direct in present case in reference to SOGS 1979. It means Ben can claim against the
damage bearded.
1.2 Advising Ben over statutory provisions on transfer of property and possession
Business law consideration is essential in respect to particular as well as unspecific
products. In addition to this, it can be said that information provided to Ben in the advertisement
was correct. It means the accordance of law is being followed in desired manner. In contrast to
this unspecified product are one that are not particularly described by the seller. As per the
detailed analysis of the case, it can be said that obligations liability can be consider under
Transfer of Property Act 1882 (Dimatteo, 2016). It is necessary for business firm like car dealer
to have consideration of framework. It means product must be sold accordingly and ensure that
lawful acceptance is there so that standards can be well maintained. It is also necessary to make
sure that product title must be transferred in accordance to the facts like seller holds the
ownership so that product can be transferred under frameworks. All the legal rights related to the
product must be transferred to the buyers so that assurance to the provisions can be taken into
account in significant manner. Mutual interest of both the parties also need to be referred so that
transaction can be accomplished in ethical manner.
In relation to the present case, it can be said that statutory obligations can be referred by parties
in effective manner (Goldman, 2013). Also, the exclusion clause presented in the contract is not
being evaluated accordance to the statutory obligations of Transfer of Property Act 1882. It
means Ben can have effective consideration of such norms in regard to sustainability so that
proper benefits can be attained.
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1.3 Evaluating the statutory provision on buyer's and seller's remedies within sale of goods
contract
The buyer and seller related with the product possess varied legal rights as well as
obligations within the selling transactions. The non-performance of any of the parties have
presented the consequences.
Remedies for buyer
 In addition to this, buyer can have claim against the damage and repair if it is being
identified or caused during the process of transfer of property. It means act must be
conducted or identified faulty at the stage of transfer. It means Ben can have claim
against the fuel, cab charges and repair charge (Klass, 2010).
 If product performance is not appropriate and identified in accordance to legal values. It
means the product has to be replaced by seller and amount must be refunded to buyer. As
per case of Ben, product is being found faulty so he can claim for the refund under
consideration of act. Damages which are identified or caused as an additional points in situation of the
transferring of product. It means the permission need to be claimed by the buyer. It
means Ben is holding an accountability against the merchandise. Charges against extra
services and repair can also be recorded hold for claiming against the same (Lee, 2001).
Remedies for seller
 Seller can have focus on claiming of damage as per the regulations. In addition to this, a
seller has the entitlement towards claiming the full/ agreed price of product in form of
consideration. As per the reference of given case study the dealer of car holds the
accountability to claim cost for car.
 If there is situation of contract terms which are not obtained then the product can be
forfeited by the seller (Magid, Cox and Cox, 2006). In consideration to the present case
scenario the seller is under faulty situation and contract terms presented are not meet
accordingly by the buyer. Although the Ben liability is not there to have payment for
anything.
 It is also necessary to ensure that exclusion clause is being framed within contract so that
it can have ethical consideration. It need to be focused on the minimisation of actual
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liability. Things must be framed in actual manner in which it need to be inserted in the
contract. As per the view of present case given, the exclusion clause is not properly
covered in the contract. It is also not inserted at the time of contract preparation so Ben
can claim against the damage he has faced.
1.4 Analyzing and advising on product liability legal rules and statutory provision for faulty
goods
By having a reference of Consumer Protection Act 1987 the liability can be linked with the
statutory provisions and product which is referred under the category of faulty situation. It
provides a great support to parties who have faced damage situation in the contract through
suggestion of remedies.
 According to detailed review of the present case condition the product buyer has to
consider the evidences which indicates that product purchase by him was faulty at the
initial level(Collis, 2012). It was not in correct situation to use and perform. It means Ben
has to provide such disclosure and events faced by him regarding engine from the initial
point.
 It is also essential for buyer to have damage which is being experienced by him due to
misconduct of other party. It means it need to be proved that damage caused is due to
misconduct and other party holds the liability against the damage. In present case, Ben
need to possess the evidence that provides that car dealer has conducted a miscount
which has also affected the quality of car. However, it can be claimed that description
and other factors are not appropriate as per standards.
 The buyer needs to make sure that defects presented in the product exists while making
purchase and were not caused by him/ her (Cornish, 2012). As per detailed analysis of
case the default was at the stage of purchase itself. However, the test drive has not
disclosed the issue in appropriate manner. It means Ben can claim against the damage.
TASK 2
2.1 Differentiation among kind of credit agreements that Ben as consumer can use
There are different kinds of credit agreements which need to be referred by Ben in order
to have appropriate standards. Classification can be as follows:
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Bank loan: It is a credit agreement which is being measured at the scale of lum-sum
amount of funds for a particular duration of time. It is necessary to have payment at the scale of
credit period. In present case, Ben can have visit to bank for a loan with a consideration of
specific valuable and reliable security deposit (DiMatteo, 2012). With an effective reference of
such funds the sake of carrying functions and repayment can be accomplished.
Hire purchase: It is a system that is effective and well managed that conducts the
operations of firm for the present business prospect. It is mostly used to have a payment of
smaller scale on the basis of amounts of assets. In this, transfer of ownership need to be referred
properly. Ben can also consider such values in desired manner.
Credit sales: It is a credit system in which hire system allows to have clause of ownership
for the business. Under this measure, buyer need capital asset as well as the ownership is being
transferred to the buyer while making sales (Dimatteo, 2016).
2.2 Analysis of legal rules on termination rights and default notices for Ben as consumer
It is also essential to have reference of diverse legal values in order to ensure about the
standards. Consumer Credit Act 1974 holds various sections which need to be referred properly.
Classification can be as section 77, 87 and 88.
Section 77 represents that consumer holds the right to avail the copy of agreement in order to
have detailing of financial transaction. It assists in consideration of full disclosure of contract so
that transactions can be made in standards manner (Goldman, 2013). It means Ben must ensure
that details about the transaction is being provided to him in appropriate manner. If such aspects
are not appropriate then the claim against damage can be made by him.
Other than this, Section 87 and 88 indicates that buyer can have drafting of notice in
situation of contract termination. It is also necessary to ensure that issues which are attached are
same as initial situation. Contract cancelation must be recorded in advance of the given deadline
to meet the standards (Klass, 2010). In present case the Ben has effectively focused on
notification process in advance. It means he does not hold any kind of liability against the
damage.
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2.3 Analysing the general features of agency and differentiate among varied kinds of agents
Agency considered different kinds of legal agreements among the parties that considered
agreement to work on the other people behalf. In this way, targets could be accomplished in
desired manner so that it is suitable to make sure that effectiveness increasing to business
development. It is the suitable means to accomplish desired results (Halliday and Shaffer, 2015).
Legal obligations regarding the act that assists to defining criteria in the performances. It
increases performance to clear and effective aspect. Features of the agency agreement that are
explained under-here:
 It considered implied and expressed form for the defining and considered statutory
obligations as well. It assists to create more development with well defined ideas towards
the roles and responsibilities in different parties that engaged in the contract (Harner and
Rhee, 2014).
 Principal agent possess the right to make decisions that are based on the party and
demonstrate
2.4 Evaluating the rights and duties of agents for assisting Ben understand his position
It is very important to evaluates the rights and duties of agent that defines as follows:
Agent plays vital role to complete financial transaction and rights and duties as well.
 Rights of agents: Agents are work behalf of principles so that they are posses, different
kinds of rights for whom they are liable. In this way, they require care and diligence to
avoid disagreement for personal well being and helps to provide instructions (Davidson,
Forsythe and Knowles, 2015).
 Duties of agents: It is the imperative for agent to perform duties and tasks with required
skills and capabilities. In this aspect, they are able to complete specific activities' ans
tasks in systematic manner. It is duty to connect with principles and perform capable
information that are enough for compensating their principles (Allen and Kraakman,
2016). Along with this, agent need to pay all sums and other financial costs which suffers
due to the mental disability in the all duties and principles.
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TASK 3 ESSAY
3.1 Outline and explain monopolies and anti-competitive legislation in UK
Monopolies and anti competitive practices and legislation followed in the UK that helps
to regulate enterprise. Major firms in the country considered their monopoly power and
government form anti competitive practices. As per the case, there are different types of contract
signed by the business with different objectives to join the force that against with buyers, etc. In
addition to this, there are several restrictive practices which used in the unethical practices that
are included in the restrictive trade practices act in decisions and judgements (Vagts, Koh and
Buxbaum, 2015). These taken by the court that are related with different practices. Judgements
also given on the basis of practices that admissible and not.
In addition to this, Restrictive Trade Practices Act 1976 also considered and formed by
the government to regulate trade practices in systematic manner. Government of the nation
considered formulation of the competition legislation and includes Restrictive trade practices to
make certain decisions. Judgements are given to make proper concentration on the given case
scenario (Loafman and Altman, 2014).
3.2 Role of competition commission in context of monopolies and anti-competitive practices
Competition commission stated with effective term that considered by Competition Act
1998. It is related with the Monopolies and merger commission that play important role in the
competition commission. It includes reporting at the time with director general of office rules
and regulations. In the trading, commission sometimes violates the act. In the UK office, it has
been seen that trading roles play important role to enforce competition Act 1998. There are
different actions which has been made and includes for different request and seek information
power of premises (Crane and Matten, 2016).
As per the guidelines of UK monopoly practices, it has been determines that UK has
banned to the governance of competition that shifting towards the European Union from member
states. Beside this, there are different bodies that authorised to regulate monopoly market.
Medicine and Healthcare products in the regulatory agency considered dealing to develop
systematic work performance in the environment (Kariyawasam and Low, 2014). In addition to
this, rail regulations is also one of the body that regulates control railway specific environment.
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National measurement office also considered agency which works for energy pursuance for
several products.
3.3 Dominant position within EU common market
In respect to deal with the dominant position, following are considered in EU common
market:
 At the time, firm make their position to discriminate prices which depends on the type of
consumer.
 In addition to this, company also carries activities of regional price discrimination.
 Reducing price in aspect of overcome the competition (Frank and Bix, 2017).
 At the time of retail price also controlled within the suppliers
 Further, goods are also sold in the limited area.
Dominant position in EU common market considered in article 102. It has been describe
that any kind of abuse have been made to undertake belongs and dominant position which is
completely prohibited. When the trade related activities effects through member states so that
abuse need to strictly prohibited. As results, it decreasing output and technological growth
through charging discriminatory price (McAdams, Neslund and Neslund, 2015).
3.4 Discuss instances when under EU law exemption made
In respect to Applying the EU exemptions to potential and anti-competitive practices, it
has been taken under the Article 81. It is also treaty restricted business arrangements and prevent
negative elements. It could also hamper the competition that exist in UK. In this consideration,
Following are the main anti-competitive agreements exempted that are as follows:
 It helps to safeguarding legal interest of business (Picciotto and Mayne, 2016).
 Identifying international jurisdiction
 Identifying poor rating of customers within the circumstances.
TASK 4 ESSAY
4.1 Identify and explains different forms of intellectual properties rights
Intellectual property defines as the intangible element that create results in creativity in
the business environment. With the help of the present case scenario, there are 4 types of
intellectual property determines in the business results:
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 Copy rights: Copyrighter helps to protect original work of authorship that includes
literature, music, artists, etc. Hence, working with reproduce adapted and distribution of
work considered in systematic manner (Trevino and Nelson, 2016).
 Patent: In addition to this, patent grants property with the rights of inventions. It helps to
patent holder that exclude from making and using it. In this regard, patent considered
application that protect through patent of nation and trade mark office. Utility of the
patent considered most successful results because machine article manufacture useful for
the improvement (Kariyawasam and Low, 2014).
 Trademarks: Trademarks considered symbol, sign, word, etc. that assists to make ahead
goods from competitors. For instance, design identify on shoes that is Nike make
successful results. Apart from this, it also acquired in term of using and registration of
many elements.
 Trade secrets: Trade secrets applies in the business to make formulation and considered
devise to maintains secrecy. It makes several advantages in the business to make ahead
from the competition (Frank and Bix, 2017). For instance, secrets are soda formula,
customer lists and survey results which includes in the computer algorithms.
4.2 Principles related with protection of inventions through patent rights and legal rules
preventing their infringement
In order to considered the eligible for patent protection, it is important to follow rules and
regulations which increase scope of subject matter. This element helps to include statue and
defines term of the exceptions to the patent ability in the general rule. In this way, following are
certain principles determines in the business environment:
 Technique assists to prevarication risk claim in the process. Hence ideas of hedging risk
not useful for this aspect.
 In a view of endorse federal circuit, it has been interpret that outcomes are develops with
little weight going ahead (Vagts, Koh and Buxbaum, 2015).
 Further, business methods definitely considered in outside the environment which
increase scope of section 101.
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4.3 Principles related with copyright protection and legal rules
Rights of the copyright restricted for a person in the particular outcomes. In this way,
each person need to ascertained their performance and functions to work in different ways. In
respect to create safe and consent of copyright so that failure results will be identify that
removed in the business environment. Different principles are undertaking that are as follows:
 Failure in the results ascertains and used to organise and considered copyright with
licensing only.
 Payment also considered with effective licence in the term of fee and royalty.
 It will assists to attach and work with staff form ability (McAdams, Neslund and
Neslund, 2015).
 Ideas has been considered and spoken which compass harmonise work and rely on the
copyright protection for work.
Copyright protection also given outcomes in the 70 years of work. In this way, it is
important to look towards the systematic work performance and develop ideas with such limits.
Following activities are also undertaking:
 50 years of limits required for the protection of work related in the computer.
 25 years total duration in which typographic arrangements implemented at workplace to
understand systematic work performance.
 In this way, exclusive rights are also given under the section 16 (1) in that it has been said
that owner can display in public and they possess right to adopt it.
 Copyrighter has right to considered their damages in systematic manner at workplace.
4.4 Compare and contrast the protection of trademarks and business names
There are several differences exist between the registered trade marks which defines in
term of symbol. Furthermore, trademarks also denotes in term of TM. It is also registered in the
aspect of publicity in all over the area of world. In addition to this, it is also defines as the
process which fitting to registered and considered formally which is related to the process.
Differences in trademarks and business also denotes similar patent. Therefore, it considered
systematic work performance in the printed work. It also mechanically received copyright shield.
It never considered again circumstances. On the other hand, company name could be put into the
several aspects which shows sluggos as well. Trademarks is elected which could be represented
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in the symbol and considered symbolic term as well. In the legal perspectives, it shows which
has names and useful for each context of outcomes and results (Trevino and Nelson, 2016).
In respect to considered various functions and operations, it is important to includes
trademarks and business names which used and develop for regulations. These elements assists
to make creative process which impact positively in the given case scenario. Therefore, it will
helps to protect different consideration in the business for given case scenario. As results, it will
assists to accomplish desired goals and targets in systematic manner. These elements are differs
from each other which defines as follows:
 Trademarks is the element that considered uniqueness in the goods and services which
helps to deliver ahead from the other elements of the market. However, in the business
name operations and functions considered to make innovative results (Kariyawasam and
Low, 2014).
 Trademarks includes logos, words, etc. While, in the business names positive views and
register of the systematic work performance develop at workplace.
CONCLUSION
From the above report, it can be concluded that rules and regulations of the government
considered systematic results and positive outcomes at workplace. In this regard, report
summarized about the intellectual property that includes copyrights, patent, trademarks, etc. In
this way, business activities has been performed to make work performance innovative and
deliver systematic results in the business environment. With the help of different laws and
statutory provisions, it has been seen that how monopoly market work. There are several types of
activities and functions denotes that assists to make people understandable with ascertained
creativity at workplace.
Moreover, report articulated that different regulatory laws and statutory provisions helps
to make systematic work performance in the business environment. Therefore, it will help to
reduce discrimination from the monopoly market. Competition commission makes proper
judgements that are related with the restricted trade practices which followed in the particular
business environment. EU and anti-competitive practices considered major support in the
business to make major growth and positive results as well.
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REFERENCES
Books and Journals
Allen, W.T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Collis, J., 2012. Determinants of voluntary audit and voluntary full accounts in micro-and non-
micro small companies in the UK. Accounting and Business Research. 42(4). pp.441-
468.
Cornish, G., 2012. Dictionary of Intellectual Property Law. Reference Reviews. 26(2). pp.13 –
14.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Davidson, D.V., Forsythe, L.M. and Knowles, B.E., 2015. Business law: Principles and cases in
the legal environment. Wolters Kluwer Law & Business.
DiMatteo, A. L., 2012. Common European Sales Law: A critique of its rationales, functions, and
unanswered questions. Journal of International Trade Law and Policy. 11(3). pp.222-
240.
Dimatteo, L.A., 2016. International Business Law and the Legal Environment. Routledge.
Frank, J. and Bix, B.H., 2017. Law and the modern mind. Routledge.
Goldman, A., 2013. Business law: Principles and Practices. Cengage.
Halliday, T.C. and Shaffer, G. eds., 2015. Transnational legal orders. Cambridge University
Press.
Harner, M.M. and Rhee, R.J., 2014. Deal Deconstructions, Case Studies, and Case Simulations:
Toward Practice Readiness with New Padagogies in Teaching Business and
Transactional Law. Am. U. Bus. L. Rev., 3, p.81.
Kariyawasam, K. and Low, H.Y., 2014. Teaching Business Law to Non-Law Students,
Culturally and Linguistically Diverse (" CaLD") Students, and Large Classes. Journal
of University Teaching and Learning Practice, 11(2), p.9.
Klass, G., 2010. Contract Law in the USA. Kluwer Law International.
Lee, R., 2001. Negligence. Property management. 19(5).
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Loafman, L. and Altman, B.W., 2014. Going online: Building your business law course using the
Quality Matters Rubric. Journal of Legal Studies Education, 31(1), pp.21-54.
Magid, J. M., Cox, A. D., andd Cox, D. S. 2006. Quantifying brand image: Empirical evidence
of trademark dilution. American business law journal. 43(1). pp 1-42.
McAdams, T., Neslund, N. and Neslund, K., 2015. Law, business, and society. McGraw-Hill
Education.
Michaels, R., 2009. Comparative Law by Numbers? Legal Origins Thesis, Doing Business
Reports, and the Silence of Traditional Comparative Law.American Journal of
Comparative Law. 57(4). pp.765-795.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
Trevino, L.K. and Nelson, K.A., 2016. Managing business ethics: Straight talk about how to do
it right. John Wiley & Sons.
Vagts, D.F., Koh, H. and Buxbaum, H.L., 2015. Transnational business problems. West
Academic.
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