Principles of Business Law Essay

Added on - 21 Jul 2020

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BUSINESS LAW1
TABLE OF CONTENTSINTRODUCTION..........................................................................................................................3TASK 1............................................................................................................................................31.1 Advice to Ben on legal rules of implied terms associated with sale of good and supply ofservices.........................................................................................................................................31.2 Advising Ben over statutory provisions on transfer of property and possession...................41.3 Evaluating the statutory provision on buyer's and seller's remedies within sale of goodscontract.........................................................................................................................................51.4 Analyzing and advising on product liability legal rules and statutory provision for faultygoods............................................................................................................................................6TASK 2............................................................................................................................................72.1 Differentiation among kind of credit agreements that Ben as consumer can use..................72.2 Analysis of legal rules on termination rights and default notices for Ben as consumer........72.3 Analysing the general features of agency and differentiate among varied kinds of agents82.4 Evaluating the rights and duties of agents for assisting Ben understand his position...........8TASK 3 essay.................................................................................................................................93.1 Outline and explain monopolies and anti-competitive legislation in UK..............................93.2 Role of competition commission in context of monopolies and anti-competitive practices.93.3 Dominant position within EU common market...................................................................103.4 Discuss instances when under EU law exemption made....................................................10TASK 4 ESSAY...........................................................................................................................104.1 Identify and explains different forms of intellectual properties rights................................104.2 Principles related with protection of inventions through patent rights and legal rulespreventing their infringement....................................................................................................114.3 Principles related with copyright protection and legal rules................................................124.4 Compare and contrast the protection of trademarks and business names............................12CONCLUSION..............................................................................................................................13REFERENCES..............................................................................................................................142
INTRODUCTIONBusiness law is mainly employed to have promotion of ethical practice under regulatoryframework. It allows to make sure that commercial transactions are being performed under thestandards of regulatory framework. In UK the parliament of Britain is accountable to designframeworks so that better protection can be offered to individual and businesses in context tolegalization. In addition to this, it can be said that parties are bounded under of legal values suchas Sales of Good Act, Competition act and Monopoly act. In present study the facts related to thebusiness law and its activities will be evaluated. In this respect the legal cases of intellectualproperty are also being discussed so that standards can be well maintained. It employed themajor 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 promotedin desired manner.TASK 11.1 Advice to Ben on legal rules of implied terms associated with sale of good and supply ofservicesAs per the case, it can be said that Ben is looking forward to have purchase of new car forwhich he has reviewed the car dealer’s magazines. In given advertisement the details about thecar has been presented. However, at the visit to the showroom it has been identified that car isnot available at the store. It was demanded that if Ben wants to review the car before purchase hehas to pay additional 150 GBP. Ben has accepted the offer and took a test drive of the car. Benhas 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 regularcool down process to get restart. When he took the car back to store for check-up, he get to knowthat car is not second hand car. It is firstly being purchased by owner then it was sold to personwho took car as taxi cab. After that car is being sold to ben so information provided to Ben inadvertisement was correct but not properly detailed (Cornish, 2012).Also, there was an exclusion in terms and conditions which was added by car dealer regardingrejection of sales return. It clearly indicates that the legal considerations are related to the Sale ofGood Act 1979. In this, section 12-15 can be referred by parties to have final decision. As per3
section 12, seller must have transfer of ownership in order to meet standards. Also, descriptionprovided about product must be appropriate under section 13. Section 14 and 15 considers thequality factor which also need to be referred properly (DiMatteo, 2012). In addition to this, it hasbeen identified that the quality of product within the test drive was not actually portrayed as thearea for driving was not same as compared with actual condition. It has been also witnessed thatdealer has not acted according to the legal boundation. Product quality was not appropriate so itcan be considered in faulty. However, exclusion clause was set out by company but it cannot becontradict direct in present case in reference to SOGS 1979. It means Ben can claim against thedamage bearded.1.2 Advising Ben over statutory provisions on transfer of property and possessionBusiness law consideration is essential in respect to particular as well as unspecificproducts. In addition to this, it can be said that information provided to Ben in the advertisementwas correct. It means the accordance of law is being followed in desired manner.In contrast tothis unspecified product are one that are not particularly described by the seller. As per thedetailed analysis of the case, it can be said that obligations liability can be consider underTransfer of Property Act 1882 (Dimatteo, 2016). It is necessary for business firm like car dealerto have consideration of framework. It means product must be sold accordingly and ensure thatlawful acceptance is there so that standards can be well maintained. It is also necessary to makesure that product title must be transferred in accordance to the facts like seller holds theownership so that product can be transferred under frameworks. All the legal rights related to theproduct must be transferred to the buyers so that assurance to the provisions can be taken intoaccount in significant manner. Mutual interest of both the parties also need to be referred so thattransaction can be accomplished in ethical manner.In relation to the present case, it can be said that statutory obligations can be referred by partiesin effective manner (Goldman, 2013). Also, the exclusion clause presented in the contract is notbeing evaluated accordance to the statutory obligations ofTransfer of Property Act 1882. Itmeans Ben can have effective consideration of such norms in regard to sustainability so thatproper benefits can be attained.4
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