Business Law Report: Sale of Goods, Credit Agreements, and IPR

This report delves into various aspects of business law, focusing on the Sale of Goods Act 1979 within the UK context, particularly concerning a case where Ben purchases a second-hand car with misrepresented information. It examines legal implications for both buyer and seller, providing advice on potential compensation. The report covers legal rules of implied terms, statutory provisions on property transfer, buyer and seller remedies, and product liability. It further explores different types of credit agreements, legal rules on terminating rights, agency features, and the rights and duties of an agent. Additionally, the report identifies and explains different forms of Intellectual Property Rights, including principles relating to patents, copyrights, and trademarks, and legal rules preventing their infringement.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Legal rules of implied terms related to sale of goods and supply of service....................1
1.2 Analysing statutory provisions on transfer of property and possession...........................1
1.3 Evaluating provisions of buyers and sellers remedies in sale of goods contract..............2
1.4 Analyses on product liability legal rules and statutory provisions for faulty goods.......2
TASK 2............................................................................................................................................3
2.1 Differentiate between types of credit agreements which Ben could use at time of buying
car...........................................................................................................................................3
2.2 Analysing legal rules on terminating rights and defaults notice for Ben.........................3
2.3 Analysing general features of agency and differentiate between types of agents............4
2.4 Evaluating rights and duties of an agent to assist Ben.....................................................4
TASK 3............................................................................................................................................5
TASK 4............................................................................................................................................5
4.1 Identify and explain different form of Intellectual property rights..................................5
4.2 Principles relating to protection of inventions through patent rights and legal rules
preventing their infringement.................................................................................................5
4.3 Describing principles relating to copyright protection and legal rules preventing their
infringement...........................................................................................................................6
4.4 Comparing and contrasting protection of trademarks business names............................6
REFERENCES................................................................................................................................8

INTRODUCTION
Sales of goods act 1979 defines all activities which are relating to sale and purchase of
goods and services made on or after 1894. The present report will be covering all aspects and
elements of this act within UK. In the case where Ben purchased one second hand car with the
information that car was before only owned by one owner for about 2 years and was only driven
for 18500 miles. But after purchasing he discovered that car was owned by 2 owners and
information which he was given was wrong. Now in the whole assignment would be including
what are legal implications of both buyer and seller in this respect also will be advising Ben
how could he get compensation for his loss. Legal liabilities rules and statutory provisions for
faulty goods will also be discussed in this whole project.
TASK 1
1.1 Legal rules of implied terms related to sale of goods and supply of service.
The sale of goods act will also be covering the part of Consumer Protection which was
designed to protect all customer from purchase and sale of goods which also include unfair
terms in the Consumer contract regulations 1999. Under section 13 of the act it is required as
per the seller to provide all description about the goods. It is the liability of seller to tell the
buyer all important details about good which they are selling (Ahmad, 2017). As in this case it
was clear that car dealer did not tell about the correct condition of car which was before owned
by 2 owners and then also refused to take it back. According to implied terms it was very much
clear that it was set by default that conditions of car should be good and was also with some
specified description like car must be owned by only one owner, 2 years old and must be driven
for 18500 miles. However, dealer of car did not expressed that car has not been owned by only
one owner and that previous owner was using car as taxi-cab.
1.2 Analysing statutory provisions on transfer of property and possession.
There are also some statutory provisions on transfer of property and possession of the
goods which under Section 16 will be telling about ownership of goods would be passing from
one person to another as seen in the case of Howlett and sons v Healy 1917. In the Section 17
of the Sales of goods act which will be telling about necessities that goods which are specified
but ownership will only be passed on with the intentions of passing the same. Another section
which is 18 will be having 5 rules regarding and concerning intentions of passing goods which
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will be specified conditions will be imposed on goods for passing out goods which would be
done by individual only (O'Brien, Powers and Wesner, 2018). Under section 19 it would be
clear that whenever goods and been sold seller will also be selling title of ownership of that
good.
1.3 Evaluating provisions of buyers and sellers remedies in sale of goods contract.
Remedy of Ben-
He would be having rights to recovery of damages which was caused to one of his relative in
the accident from that car.
He is also having right to get his car exchanged as he was not provided with all specified
information about car.
Remedy of car dealer-
1.4 Analyses on product liability legal rules and statutory provisions for faulty goods.
Defective goods-
That good which is not meeting the conditions of good quality and quantity of loss and
damages to all consumer will be known to as defective good. It could include either whole good
or certain part of good which is damaged and need to be recovered or compensated either. If any
person is suffering any damage or injury because of that defective good then he would be
compensated in this regard (Jeble, Dubey and Prakash, 2018). Various rules of product
liabilities would be including Consumer Protection Act 1987, Contract and Tort. However, if
the person is claiming that good which he had received is defective then there are certain things
which he need to prove like product is defective by nature, it has caused harm and liability is of
defendant.
In Consumer Protection Act 1987 if Ben is filing any suit against that car dealer then it
would be required that he is proving that car was defective not all the other things. Under
Contract Law Ben need to prove that he and car dealer is under a contract which that dealer has
breached at time of its imposition or use. Whereas in Tort Law Ben need to clarify that car
dealer is neglecting his duty of providing good quality and standardised product and dealer is
not been able to take good care of providing correct information (Elmagrhi and Tunyi, 2018).
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TASK 2
2.1 Differentiate between types of credit agreements which Ben could use at time of buying car.
At the time of Ben buying the car there are various types of loan or credit which could
be used by him like that of credit card, hire purchase, bank loan, etc., all these could be very
much helpful for Ben as in purchase of his second hand car from car dealer. In all these he could
take credit in advance and then purchase car that too of his owns choice.
Credit card- Ben could use his credit card at time of purchase of car which will thus be helping
him in easily buying second hand car (Qu, Zeng and Liu, 2018). This method of purchasing and
setting up of credit agreements between him and car dealer will be the best one as in this
manner he could get his car actually without been paying anything.
Bank loan- is also one type of method which is used by Ben in order to access to get his car
which will be including either taking loan from bank or availing credit or overdraft facility.
With the help of this he could easily purchase his car interest rate of bank loan also be very
much reasonable and easily accessible.
Debtor-creditor supplier agreement- as they are having some kind of business connection so
both creditor and supplier will be having which could be either on past or on future agreements
(de Almeida and Nassar, 2018). Under section 13 of Consumer credit agreement in 1974
2.2 Analysing legal rules on terminating rights and defaults notice for Ben.
Under Consumer Protection Act 1974 customer is having right to terminate his
agreements of purchase of car with that particular dealer at any time before signing that
agreement or even under 14 days after signing that agreement. However, Ben should be giving
prior notice of this cancellation to car dealer that too in written form so that it could be easily
understand the reason behind cancellation.
Whereas default notice is letter which will be given to creditor which will be warning to
Ben that his account would be default as if he is not been able to make all dues (Mauri, Nieto-
García and Viglia, 2018). The debts which are regulated by Consumer Credit Act would be
under the default notice like all kinds of credit and store cards and personal loan etc.,
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2.3 Analysing general features of agency and differentiate between types of agents.
In the agency which is dealing with sale and purchase of goods and service it is the
agency that is dealing with sale of goods on behalf of others. The main person on whose behalf
agency is dealing or purchasing and selling goods will be known as principal. There are two
ways in which agency are created either by agreement or by operations of law (Moser, Scheiner
and Stoll, 2018).
By agreement- if there is certain kind of contract between the parties like that of sale and
purchase of goods they could also create it with help of agreement. In this case of agreement
there must be having and following three basic principles like that of written terms, contractual
capacity and then consideration.
By operations of law- if the agency will be coming into existence then this could be done under
laws by the relationship of agency would be implied in this case. This means in case of social
need the agency could be by law declared to as implied by operations of law at the time when
there is no agreement which is present. If the relationship of agency is not been communicated
to concerned authorities then they are having power to declare the agency as apparent and then
at the end principal would be bearing all consequence of actions of agents (Schuster and
Wroldsen, 2018). There are various kinds of agents.
2.4 Evaluating rights and duties of an agent to assist Ben.
The duties of an agent:
One of the main duties of an agent would be in assisting and remitting correct and proper
amount to his principal.
Agent should not indulge in taking out secret profits from utilizing any kind of amount from
principal reputation.
Delegation of the duties and rights of agent is also not acceptable.
At the time of any kind of problem which he encounters agent should inform principal in order
to take advice.
At the time of insolvency or death of principal agent must be safe guarding property of
principal.
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The rights of an agent:
Rights of retainer- agent is having right to take off amount which is due on him by principal
which party has to pay to agent.
Right of lien- lien could be done by agent but it is not specified that whether it is general or
particular lien which would be according to mutual understanding.
Right to claim remuneration- agent is having right to claim remuneration from his principal.
TASK 3
(Enclosed in ppt)
TASK 4
4.1 Identify and explain different form of Intellectual property rights.
Intellectual property rights is giving protection to user and maker of any kind of
intangible property like that of music, art and craft which must be original work of that artist or
maker (Knipe, 2018). This will be including all patent, copyrights and trademarks which is
automatically protected on international level under Intellectual property Act 2014.
Copyrights- this will be given to original writer of any book, journals, articles, lyrics, blogs .
Trademarks- different type of symbols marks, colours or names that are included which would
be making goods or service of one business different form other in market which are generally
for specified period of time.
Patents- if any person is involved in inventions or innovative idea then that one would behaving
full control over that product and any other would be restricted to use that over that time period
(Newton and Vandergrift, 2018).
4.2 Principles relating to protection of inventions through patent rights and legal rules
preventing their infringement.
Anyone who is involved in any sort of inventions and innovative idea or is making any
kind to technological advancement then his or her right over that invention will be protected
under Patent act. That right would be exclusive on that person only and he or she would be
having right ot sale or make any amendments in that creation and registrations procedures is laid
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down in section 1-4 (Park and Kim, 2018). There are three test steps in this which will be that
invention should be new, should be of industrial use and must not be obvious.
Exclusive right over that invention will be created of that inventor who could give any
other person permission from that authorised person for about 20 years. This is kind of personal
protection over rights of that person who is the inventor.
Infringement of patents-
Unauthorised person is using that creation without taking permission of that person.
Then he will be having right to file suit against that person who is infringing his rights.
After unauthorised person is found guilty court is having right ot pass order to destroy all copies
of that creation.
4.3 Describing principles relating to copyright protection and legal rules preventing their
infringement.
If any person is involved in creation or writing of any book or scholarly work which
must be original could also be protected under Copyrights protection (Elmagrhi and Tunyi,
2018). Government is thus giving protection to that original piece of work to use, sell and make
any kind of changes to that person only who is authorised to do so. Copyrights, Design and
Patent act 1988 is been governing in this regard all over UK in which he could also give other
person right to use or make changes which is given for almost 70 years.
Infringement of Copyrights-
Personal use
Research
Religious use
Library
Review
4.4 Comparing and contrasting protection of trademarks business names.
Business name act 1985 which will be protecting business names and Trademarks act 1994
would be protecting trademarks (Ryder, 2016).
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If any company that is operating in economy then under whichever name it is operating would
be called to as business name of that company. Whereas, any symbol, mark or colour which will
be helping in identifying which brand it is representing is called Trademarks.
Business names are generally not been protected will trademarks are protected by use or
changes.
As business names are not protected so person will not been able to take any kind of actions
against that person who is using the same name (Coulter and Hancké, 2016). But in case of
trademarks which is protected so legal actions could be taken against person misusing.
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REFERENCES
Books and Journals:
Ahmad, S.D., 2017. RULE OF REASON AND PER SE ILLEGAL APPROACHES IN
ENFORCING THE BUSINESS COMPETITION LAW. Yustisia Jurnal Hukum. 6(3).
pp.503-514.
Bradford, C.S., 2018. The regulation of crowdfunding in the United States. In The Economics of
Crowdfunding (pp. 185-217). Palgrave Macmillan, Cham.
de Almeida, F. and Nassar, P.A., 2018. The Ordem dos Advogados do Brasil and the Politics of
Professional Regulation in Brasil. The Brazilian Legal Profession in the Age of
Globalization: The Rise of the Corporate Legal Sector and its Impact on Lawyers and
Society. p.181.
Elmagrhi, M., and Tunyi, A.A., 2018. Trustee Board Diversity, Governance Mechanisms,
Capital Structure and Performance in UK Charities.
Jeble, S., Dubey, R., and Prakash, A., 2018. Impact of big data & predictive analytics capability
on supply chain sustainability.
Mauri, A.G., Nieto-García, M. and Viglia, G., 2018. Humanize your business. The role of
personal reputation in the sharing economy. International Journal of Hospitality
Management. 73. pp.36-43.
Moser, R., Scheiner, E. and Stoll, H., 2018. Social Diversity, Election Rules, and the Party
System. In The Oxford Handbook of Electoral Systems.
O'Brien, C.N., Powers, R.E. and Wesner, T.L., 2018. Benchmarking and Accreditation Goals
Support the Value of an Undergraduate Business Law Core Course. Journal of Legal Studies
Education. 35(1). pp.171-189.
Qu, R., Zeng, Y. and Liu, X., 2018. Trade in Medical Products Between China and EU. World
Scientific Book Chapters. pp.59-77.
Schuster, W.M. and Wroldsen, J., 2018. Entrepreneurship and Legal Uncertainty: Unexpected
Federal Trademark Registrations for Marijuana Derivatives. American Business Law
Journal. 55(1). pp.117-166.
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Knipe, A.C. ed., 2018. Organic Reaction Mechanisms 2014: An annual survey covering the
literature dated January to December 2014. John Wiley & Sons.
Newton, J.M., Ferris, D.R., Goh, C.C., Grabe, W., Stoller, F.L. and Vandergrift, L.,
2018. Teaching English to Second Language Learners in Academic Contexts: Reading,
Writing, Listening, and Speaking. Routledge.
Park, T.R., Kim, T.S., Kwon, U.K. and Kim, S.J., Samsung Electronics Co Ltd,
2018. Apparatus and method for sharing energy in wireless device. U.S. Patent 9,860,358.
Elmagrhi, M., Ntim, C.G., Malagila, J., Fosu, S. and Tunyi, A.A., 2018. Trustee Board
Diversity, Governance Mechanisms, Capital Structure and Performance in UK Charities.
Ryder, N., 2016. " Greed, for lack of a better word, is good. Greed is right. Greed works": A
contemporary and comparative review of the relationship between the global financial crisis,
financial crime and white collar criminals in the US and the UK. British Journal of White
Collar Crime. 1(1). pp.3-47.
Coulter, S. and Hancké, B., 2016. A bonfire of the regulations, or business as usual? The UK
labour market and the political economy of Brexit. The Political Quarterly. 87(2). pp.148-
156.
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