Laws and Legislations of Business : Report
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Added on 2020-01-28
Laws and Legislations of Business : Report
Added on 2020-01-28
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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................5TASK 1 ...........................................................................................................................................51.1 Analyse the legal rules of implied terms relating to the sale of goods and supply ofservices........................................................................................................................................51.2 Analyse the statutory provisions on the transfer of property and possession.......................61.3 Evaluation of statutory provisions regarding buyers' and sellers' s remedies.......................71.4 Analyse and advice on product liability legal rules and statutory provisions for faultygood.............................................................................................................................................8TASK 2............................................................................................................................................82.1 Differentiate between types of credit agreements.................................................................82.2 Analyse the legal rules on termination rights and default notices.......................................92.3 Analyse the general features of Agency................................................................................92.4 Evaluate the rights and duties of an agent...........................................................................10TASK 3..........................................................................................................................................123.1 Outline and explain the monopolies and anti-competitive practice legislation in the UK..123.2 Explain the role of the Competition Commission within the context of monopolies andanti-competitive practices.........................................................................................................123.3 Define dominant positions within the EU common market ...............................................133.4 when under EU law, exemptions will be made to potentially anti-competitive practices..14TASK 4..........................................................................................................................................144.1 Explain the different forms of intellectual property rights..................................................144.2 Principles relating to protection of inventions and legal rules preventing theirinfringement..............................................................................................................................154.3 Principles relating to copyright protection and the legal rules preventing theirinfringement..............................................................................................................................154.4 Comparison between the protection of trademarks and business names giving examples16CONCLUSION..............................................................................................................................16REFERENCES
INTRODUCTIONIn this today's world, there is need of knowledge related to each and every kind of law.The business organizations in order to give a legal effect to their contractual relationship enterinto various kinds of contract. In this present report various kinds of laws and legislations havebeen discussed. The main aim of this unit is to provide knowledge and application of the law andrules relating to sales of goods act, consumer credit , competition law etc. also, basic rules ofcontract and tort has also been mentioned in this present report. There are different rules andregulations which affects the relationship between buyers and creditors. Moreover, in this presentreport, legal rules relating to monopolies and anticompetitive practices has been discussed(Appleman, Appleman and Holmes, 2015). It is a basic need that there should be a properknowledge about each and every aspect of general laws. In this present assignment there arevarious legislations and provisions regarding consumer credit and their parts have beenmentioned. Concept of intellectual property has been analysed in this present assignment whichincludes description of its particulars like copyrights, patents, trademarks etc. different rulesregarding prevention of inventions have been discussed. TASK 1 1.1 Analyse the legal rules of implied terms relating to the sale of goods and supply of servicesSales of goods act is an act which is framed to give an effect to the relationship ofconsumer and seller (Chaffey and White, 2010). There are different implied and express terms inthe contract of sale. In the given scenario, Ben a consumer is willing to buy a car. He has beengone through an advertisement of a car in Car Dealer's magazine. He wishes to buy that car ashe found it suitable. He paid 150 pounds refundable amount to bring car to the showroom. After4 days when he went with his family , the car stuck and its engine was heated. Ben went to Cardealers and complaint about it, but they refused to take the car back as it was written on thecontract that there is no responsibilities of their company and buyer is responsible for their ownindependent checking. As a legal advisor, it has been suggested that there are various termsregarding implied terms in the contract these are as follows:Title: It has been dealt under section 12 of Sales of goods act 1979, which says that theseller should have a consideration which should be there in the title in order to sell. If it
will not be done then it will be treated as breach of contract. It has been decided in thecase law of Rowland v Divall (1923).Description: In this term, it is the duty of the seller to sell the goods according to theprescription and quality as prescribed in an advertisement to sale (Chaney and Martin,2013. In this given case, it was the duty of the Car dealers to sell the car according to thedescriptions. Quality: According to the section 14(2), It means that the seller should ensure quality inthe sale of its goods and services else he would be entitled in the breach of contract. It means that the goods sold must be fit and durable and free from damages. 1.2 Analyse the statutory provisions on the transfer of property and possessionThere are many statutory provisions regarding transfer of property and possessions. Ithas been assessed that these should be considered so there can not be any issues and conflictsfurther. Some of rules and regulations are as:According to section 16, it has been laid down that the goods must not be ascertained. Ifthey are, then ownership in the goods will not be transferred. It has been defined in thecase “Healy v Howlett and Sons 1917” that goods should be ascertained in render toeffect ownership. There must be an intention to enter into contractual relationship between parties asconveyed in Section 17 of the said act (Clarkson, Miller and Cross, 2014). Seller should perform all the necessary things as required to be carried out in therespective sale transaction. It is the duty of both buyer and seller that they should verify and ensure that the goodsthat has been sold to buyer should be the same as specified in the description. Also, the property that needs to be passes to buyer should be approved by seller. Also, section 19 gives a right to seller to retain the title of goods and services that are inthe transaction and also being sold by buyer. It arose due to the case law of “Aluminiumindustries vaassan BV v Romalpa Aluminium Ltd.(1976)”. It should be noted that thisclause will be accepted in the situation if it is mentioned in the contract by parties to thecontract.
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