Study on Aspects of Business Law

Added on -2020-02-05

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Business law 1
TABLE OF CONTENTSIntroduction......................................................................................................................................3Task 1...............................................................................................................................................31.1 Analysis and applicability of legal rules regarding implied terms in sales of goods andsupply of services.........................................................................................................................31.2 Statutory provisions on the transfer of property and possession...........................................41.3 Evaluation of statutory provisions regarding remedies provided to seller and buyer in thesales of good contract..................................................................................................................41.4 Applicability of statutory provisions of product liability for faulty goods............................5Task 2...............................................................................................................................................62.1 Differentiation between types of credit agreement that can be used by Claire for obtainingnew car.........................................................................................................................................62.2 Analysis of rules on termination rights and default notices for Claire..................................72.3 Evaluation of general features of agency and description of difference between thedifferent types of agent ...............................................................................................................82.4 Description of rights and duties of agent...............................................................................9Task 3...............................................................................................................................................93.1 Description of monopolies and anti-competitive practice legislation in UK.........................93.2 Explanation of role of Competition Commission within the context of monopolies andanti-competitive practices and the UK Office of Fair Trading..................................................103.3 Description of dominant position within the Common market of European Union............113.4 Evaluation of exemption provided by European Union to potentially anti-competitivepractices.....................................................................................................................................11Task 4.............................................................................................................................................114.1 Identification of different forms of intellectual property.....................................................114.2 Principles regarding protection of inventions through patent rights and their infringementin a given business scenario.......................................................................................................114.3 Description of principles regarding copyright protection and their infringement in a givenbusiness scenario........................................................................................................................114.4 Compare and contrast the protection of trademarks and business names............................11Conclusion ....................................................................................................................................11References......................................................................................................................................132
INTRODUCTIONBusiness entities operating in UK are controlled by legislative norms in order to assuretransparency and fairness in commercial environment. Organizations are required to operate inaccordance with described norms by UK legislation else they will be held obliged for thepayment of penalty charges (Elliot and Quinn, 2009). Present study is focused on evaluation ofvarious aspects of business law that can affect operational activities of commercial entities. Forthis aspect, description will be provided regarding implied terms in sales of goods and supply ofservices. Further agency law will be evaluated to advice Claire regarding her roles andresponsibilities. Report will also include description of provisions of competition legislation andintellectual property rights. Described provisions will be supported by practical examples andprevious case precedents for better understanding of subject matter. TASK 11.1 Analysis and applicability of legal rules regarding implied terms in sales of goods and supplyof servicesProvisions of implied terms in sales of goods and supply of services in introduced toprotect interest of consumers in daily contracts. These terms are assumed to be part of theconsumers contract. In situation where seller fails to comply these terms then they will beobliged to indemnify the occurred damages to customers. Description of implied terms is asfollows:Section 12: Good title: Seller must have good title for the transfer of goods and services to thecustomers. However, for this title ownership is not essential. This term is considered as conditionin all contracts. In accordance with the case of Rowland v Divall [1923] 2 KB 500 buyer canterminate contract if seller do not have good title. Section 13: Sales by description: Provisions of Section 13 of this Act impose duty on seller toprovide final goods or services in accordance with the description provided by them at the timeof sales contract. Section 14: Quality: In accordance with the provisions of this section seller has duty to deliverqualitative goods and services to the buyers (Akintoye, Renukappa and Lal, 2012). For thisaspect, delivered goods and services must be free from material defects. According to the case3
facts of Stevenson v Rogers [1999] 1 All ER 613, provided goods and services by seller mustsatisfy the objective of purchase.Section 15: Sales by Sample: Provision of this section is applied only in situation where salecontract is formed by considering sample product instead of actual product. In this aspect, sellerhas duty to assure bulk will be corresponding to the representative sample. In the given case scenario, Miss Bianca and Departmental store is required to complyabove described implied terms for the formation of fair contract. However, in cited case TV setwas not working well after few days and management of departmental store is not accepting theirresponsibility. This aspect show breach of implied terms described by Sales of Goods Act. 1.2 Statutory provisions on the transfer of property and possessionIn accordance with the provisions of Sales of Goods Act, goods can be segregated intocategory of specific and unascertained. Specific goods are those products which have beenspecifically selected by customer at the time of purchase. On the other hand, unascertained goodsare the products which are selected on the basis of sample. In the given case situation, TVselected by Adam in departmental store is unascertained good as it is selected by him byconsidering sample shown by Miss Bianca. In accordance with the provisions of Sales of Goods Act 1983, transfer of property andpossession is considered to be fair it is supported by five rules described in section 18. As perthese rules, in situation where goods are ascertained in the contract then seller is obliged todeliver goods as per the provided description and sample. In addition to this, delivered goodsmust be unconditionally appropriate to the contract. Transfer of property and possession is eithercompleted by the consent of buyer or by seller (Elliot and Quinn, 2009). This consent can beprovided in the expressed or implied manner. In the described case situation, exclusion clauseinserted by departmental store in written contract is not valid because it is contradiction with theimplied terms. Henceforth, it will not be considered as part of the contract. 1.3 Evaluation of statutory provisions regarding remedies provided to seller and buyer in the sales of good contractIn order to indemnify the injury of buyer and seller, business law had described the rightsfor both the parties. Benefit of these rights can be availed by parties in situation where otherparty had not accomplished contractual terms in an appropriate manner. 4

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