Report on Business Law Case of Ben

Added on -2020-02-12

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BUSINESS LAW
TABLE OF CONTENTSINTRODUCTION......................................................................................................................31.1 Analyze and advice Ben on legal rules of implied terms relating to the sale of goodsand supply of services............................................................................................................31.2 Advice Ben on statutory provisions on transfer of property and possession...................41.3 Evaluate the statutory provision on buyer’s and seller’s remedies in sales of goodscontracts.................................................................................................................................41.4 Analyzing and advising on product liability legal rules and statutory provision forfaulty goods............................................................................................................................5TASK 2......................................................................................................................................62.1 Differentiate between types of credit card agreements....................................................62.2 Legal rules on termination rights and default notice for Ben for not paying the debt.....62.3 Features of agency and differentiate between different types of agents..........................72.4 Rights and duties of an agent for assisting Ben in understanding the position of agent..7TASK 3......................................................................................................................................8TASK 4......................................................................................................................................8CONCLUSION........................................................................................................................10REFERENCES.........................................................................................................................11
INTRODUCTION Business law is basically the rules and regulations govern to carry out the businessethically. Further, it deals with public as well as the private law. The report will discuss thecase of Ben who has purchased the car from the dealer and it is not according to thedescription which was given in the advertisement. Further, the laws related to the sales ofgoods act will be focused so that Ben can know the rights which he has and on which basis hecan claim the compensation. Besides this, remedies of seller as well as buyers are discussedso that it will be identify the provision on which the case can be made. On the other hand,legal rules regarding termination rights and default notices are featured so that Ben canterminate the contract. Last but not least, intellectual property rights are evaluated andcomparison is made between trademark and business name.1.1 Analyze and advice Ben on legal rules of implied terms relating to the sale of goods andsupply of services According to the case scenario, Ben decided to buy a car from the car dealer. Theadvertisement was given by the car dealer on the magazine and by seeing that only, hedecided to purchase the car. But after purchasing and using the car Ben was not satisfied withthe car as it did not performed well as expected by Ben (Folsom and et.al., 2012). The reasonwas that the car was not according to the description given in the advertisement and further ithad two owners. But in the advertisement it was mentioned that it had one owner. Besidesthese reasons, the car dealer was not ready to except the car from Ben. But according to thesales of good act there are several implied terms which are regarded to be complied by boththe seller as well as buyers (Latimer, 2012). The implied terms of sales of goods and supplyof services are as follows: Section 12: Under s 12(1), the seller should have the possession of the goods and thenonly he is liable to sell to other customersSection 13: The goods must be according to the description given to the buyer. In caseif the seller tells that the description will not be considered for the goods then only,the seller will not be liable. Section 14: It states that the good should be of satisfactory quality and if it is not thanbreach of contract will take place. This entails that the car should be useful for thepurpose for which it is bought from the seller.
According to these sections, it can be said that section 13 and section 14 are not implied bythe seller. In case of Ben car, the car dealer did not made an extra point that if the car doesnot match with the description he will not be liable (Appleman, Appleman and Holmes,2015). So in this case also, the liability is of the car dealer. 1.2 Advice Ben on statutory provisions on transfer of property and possessionIn case of goods there are two types of goods one is the particular and other is theunspecified goods. As per the scenario, the clear description of the car has been given in theadvertisement so in this case it is particular goods (Percival and et.al., 2013). On the otherhand, the unspecified goods can be defined as those goods which are not clearly described bythe seller. The statutory provisions which regarding the transfer of property act 1882 has beenmade and they are as follows: At the time of unconditional contract in specific goods property is passed by the sellerto the buyer time of contractThe sales should be conducted with the mutual interest of both the parties. Before making the sales, it is required by the seller to measure as well as weight thegoods. After the sales, the legal rights are transferred to the buyers. As per this scenario, the car is the specific goods and all the laws are required to becomplied by both of them. These are made for safeguarding the rights of buyers as well assellers (DiMatteo, 2010). 1.3 Evaluate the statutory provision on buyer’s and seller’s remedies in sales of goodscontracts The buyers and seller both have legal rights regarding the possession of goods. Thereare certain statutory provisions, which are made for remedies in sales of goods act for buyeras well as seller. The remedies are as follows:Remedies of buyers in sales of good act According to the implied terms s12-15 states that the buyer has the full right to rejectthe goods if it breaches the contract which has been made. The buyer has the right to claim for the damages if the goods which are transferred aredefective.

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