TASK 13 1.1 Implied Terms Related To: Sale of Goods and Supply of Services
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6 1.4 Statutory Provisions and Product liability of faulty goods: 7 TASK 28 2.1 The types of credit agreements that Ben as a customer could use to buy a car.8 2.2 The legal rules on termination of rights and default notices for Ben as a customer 8 2.3 The general features of Agency and differentiate between the different types of agents. 11 3.2 The Role of Competition Commission in UK:12 3.3 Dominant positions within EU: 12 3.4 EU exemption for the potentially anti-competitive practices: 13 TASK
TASK 13 1.1 Implied Terms Related To: Sale of Goods and Supply of Services
Added on 2019-12-28
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Table of ContentsINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................31.1 Implied Terms Related To: Sale of Goods and Supply of Services.................................31.2 Statuary Provisions on The Transfer of Property and Possession:...................................41.3 Statutory provisions on buyer's and seller's remedies in sale of goods act......................61.4 Statutory Provisions and Product liability of faulty goods:..............................................7TASK 2............................................................................................................................................82.1 The types of credit agreements that Ben as a customer could use to buy a car................82.2 The legal rules on termination of rights and default notices for Ben as a customer .......82.3 The general features of Agency and differentiate between the different types of agents.92.4 The rights and duties of an agent to assist Ben..............................................................10TASK 3..........................................................................................................................................113.1 The Monopolies and Anti Competitive Practice Legislation in the UK........................113.2 The Role of Competition Commission in UK:...............................................................123.3 Dominant positions within EU:......................................................................................123.4 EU exemption for the potentially anti-competitive practices:........................................13TASK 4..........................................................................................................................................134.1 Different intellectual property rights:.............................................................................134.2 The principles relating to the protection of inventions:..................................................144.3 The Principles relating to copyright protection and the infringement............................144.4 The Protection of trademarks.........................................................................................15Conclusion.....................................................................................................................................16REFERENCES..............................................................................................................................17
INTRODUCTIONBusiness Law is the combination of all the laws which help and provides assistance inrunning the business and its activities. It includes all the state and federal laws and theadministrative regulations (Abdi and Aulakh, 2012). There are many laws which impacts theactivities of consumer and business, as per the case the chosen laws are: Sale of Goods Act 1979was enacted by the parliament of the United Kingdom, the parliament also regulated the Englishcontract law and UK commercial law which were concerned for the goods that are sold andbought. There have been many amendments in the law which was made by the parliament ofUnited Kingdom. The Supply of goods and Services Act 1982 was also enacted by theparliament of United kingdom, it enables the traders in providing services as per the standards ofworkmanship. If the date and prices are not set then the work must be completed in thereasonable amount of time. Sale of Goods Act was replaced by the Consumer Rights Act 2015,for consumer contracts from 1st October 2015. It has inherited all the qualities of sale of goodsact 1978 and supply of goods and services act 1982.TASK 11.1 Implied Terms Related To: Sale of Goods and Supply of Services.Implied terms are those words and conditions which are assumed by court to includethem in the contract (Appleman and Holmes, 2015). It helps court in reducing the lengthy natureof the case by not expressly stating the terms. Basically, the implied terms are used by threeparties: Implied by a Statute, Implied by Court and Implied by Custom.The Sale of Goods Act 1979 has provided many terms of contracts where exchangebetween parties for all tangible goods backed by money (Bishara,. and Westermann‐Behaylo,2012). The Sales of Goods act 1979 states about two parties which are Seller and Buyer. Seller isa person who delivers goods and services as per the guidelines defined by law. Buyer is theperson to whom the goods are delivered. Both are in a contractual relationship and try to fulfil allthe duties. Best quality products are required to be provided by the seller to customer as to meetthe satisfaction level. Ben is the buyer who bought a car from the car dealer. The car dealer described all aboutthe car that it has driven only 18,500 miles and it had only one owner. Also the condition of caris good. Dealer asked Ben 150 pound as a token money to show his seriousness. Ben bought the
car and went on a long family trip. During the long journey he realised that the car engine isoverheating and it is not working properly. He also found out that the car had two ownerspreviously. When he went to return the car to dealer, he refused to accept it saying that clause 9is signed by Ben at the time of purchasing.Clause 9 States that the buyer is responsible to properly examine product and servicesbefore buying. After purchase seller is not responsible for the product.But as stated by Sales of Goods Act 1979, There is a implied condition which states thatthe seller is responsible for delivering best quality of goods and services to buyer. If the seller donot provide good quality product then the buyer can file a lawsuit against the seller, in the givencase, Ben received damaged car from dealer so Ben can file a case against the dealer. Section 15,of sale of goods act 1979 states that the seller has to keep the quality of bulk product as per thequality of the sample provided by him before the contract was formed. The sample forms thelaying foundation. The product should match with level of quality of sample.1.2 Statuary Provisions on The Transfer of Property and Possession:Ben is advised that he should check the product at the time of delivery as to match all thefeatures and issues. If he finds any issue in the car then he can tell the dealer about it. This is hisright to receive good quality of product. The possession of car is transferred to Ben and he is thesole owner of car.Possession is a term which is used for knowingly gaining control of a thing. There arevarious provisions regarding transfer of property and possession.The first provision is that the goods should be sold as per the description. Same quality ofproducts should be delivered to the buyer as given in description.The state of product should be proper for delivery.When the seller gives the goods to the buyer that time they are said to be unconditionallyappropriated to the contract. This is done for proper transmission of the buyer.If the goods are in a undeliverable state then the seller has to to do something to makethem as described form. After making them deliverable the seller will be able to transferthe ownership and possession.Ben is advices to take certain provisions for transfer of property and possession (Bishara,2011). Section 16 to 20 Stated about transfer of ownership.
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