Business Law Report: Analysis of UK Business Law Principles and Cases

This business law report provides a detailed overview of key aspects of UK business law. It begins with an introduction to the subject and proceeds to analyze several case studies, focusing on issues related to the Sales of Goods Act and consumer rights. The report then delves into credit agreements, differentiating between various types and examining relevant legislation. It further explores different types of agents, evaluating their rights and duties. The report also outlines monopolies and anti-competitive practices in the UK, explaining the role of the Competition Commission and defining dominant positions within the EU common market. Finally, it identifies different forms of intellectual property, outlining principles related to patents, copyright, and trademarks. The conclusion summarizes the key findings, and a list of references is provided.

Business Law

TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................3
TASK 1...........................................................................................................................................3
TASK 2...........................................................................................................................................4
TASK 3............................................................................................................................................5
a. Stating difference between the different types of credit agreements.......................................5
b. Differentiating different types of agent...................................................................................6
c. Evaluating rights and duties of agents.....................................................................................7
TASK 4............................................................................................................................................8
a. Outlining monopolies and anti-competitive practice legislation in the UK.............................8
b. Explaining the role of the Competition Commission within the context of monopolies and
anti-competitive practices and the UK office of fair trading.......................................................9
c. Defining dominant positions within EU common market.......................................................9
d. Considering the application of EU exemptions to potentially anti-competitive practices....10
As per Treaty on the Functioning of the European Union (TFEU), EU exemptions related to
anti-competitive practices are applicable on the following aspects:..........................................10
TASK 5..........................................................................................................................................10
Identifying different forms of intellectual property...................................................................10
Outlining principles relating to the protection of inventions through patent rights and their
infringement ..............................................................................................................................11
Describing principles relating to copyright protection and their infringement ........................12
Comparing and contrasting protection of trademarks and business names...............................12
CONCLUSION .............................................................................................................................13
REFERENCES .............................................................................................................................14

INTRODUCTION
Business law is the main body of UK legislation that governs activities associated with
the commercial activities or aspects. Rules and regulations mentioned in business law helps in
monitoring firm’s practices and offers protection to the innocent party in against to defendant.
The present report is based on case scenario which will provide deeper insight about the aspects
of Sales of Goods Act, credit arrangements, agent types and forms of intellectual property.
Further, it will also shed light on the role of competition commission and anti-competitive
practices take place in UK.
TASK 1
Case 1
 Issues: In this, the main issue is to ascertain the remedies available to G and H Holmes in
against to supplier.
 Laws: Consumer Protection Act (2015) entails that goods remain at the trader risk until
delivery. Thus, it is the accountability of the trader or supplier to protect goods from the
damages (Consumer Rights Act, 2017).
 Application: Remedy pertaining to loss or damage in transit is highly applicable on the
situation of G and H Holmes. Moreover, before the delivery of carpet and furniture both
the goods were destroyed by fire and damaged beyond use.
 Conclusion: Referring the overall situation and Consumer Right Act, it can be depicted
that G and H Holmes does not require to make payment for carpet and h
Case 2
 Issues: Given case presents that Mr and Mrs Green are not satisfied with the work
completed by Easybuild Ltd. Hence, in this, the main issue is to identify remedial
measures available to Mr. and Mrs. Green.

 Laws: Consumer protection Act (2015) and Sales & supply of goods Act are the main
laws which are related with the present situation (The Sale & supply goods, 2017).
 Application: Laws mentioned above are highly applicable on the situation of Mr. and
Mrs. Green. Moreover, CPA (2015) clearly exhibits that goods must be of satisfactory
quality, free from defects, safe, fit for the purpose and installed correctly. Hence, on the
behalf unsatisfactory work Mr. and Mrs. Green can demand for the repair of flat roof.
 Conclusion: It can be concluded from overall situation Mr. and Mrs. Green cannot claim
in against to the time duration because it was not the part of contract. However, both Act
presents that such couple has right to claim for repairing roof that is leaked.
TASK 2
 Issues: As per the given case due to design fault in the brake mechanism she crashes and
suffered from permanent scarring to her face. Further, damage to scooter also occurred
worth of £900. Hence, in this, issue is to assess remedies that may be available under
common law and statute.
 Laws: Section 14 of Sales of Goods Act (1979) presents an implied term that good
supplied must be of satisfactory quality. Along with this, as per the product liability
statutory provisions and case of Donoghue v Stevenson manufacture owe duty of care
towards the raw material used for the product (Product liability, n.d.). Further, on the
basis of Product liability and safety law producer, importer and manufacture needs to
ensure that product is safe.
 Application: Under the present case situation, product and safety law is highly applicable
which in turn entails that Vasca, importer firm, is liable to give compensation to Julia’s
parents.
 Conclusion: By taking into account Consumer Protection Act and Product & Safety Law
it can be concluded that importer is held accountable for giving compensation to Julia’s
parent for the loss suffered (Product liability and safety law, 2017). As per the laws, Julia
and her parents have right to sue on importer.

TASK 3
a. Stating difference between the different types of credit agreements
Consumer credit: this can be understood as arrangement to receive cash, goods or
services now and pat for them on a later date. This based on trust on the ability of consumer and
their willingness to pay bills when due. A business can get credit from another business or
partnership firm with at least 4 partners. Credit agreements imply for the situation of cash loan
and some other financial arrangements. In UK, credit agreements are covered by the laws which
were set out in Consumer Credit Act (1974) and Consumer Credit Regulations (2010). In
accordance with such law, one can sue or to be sue if agreement is broken.
On the basis of credit agreement which is also recognized as hire purchase arrangement
buyer has right to take away goods but pay money associated with the same in the form of
installment. In this, ownership right related with goods is shifted to buyer when final payment
made. On the other side, there is some kind of credit agreements in which buyer pay for good in
installment but not allowed to take goods until the final payment.
Restricted credit : this are closed end credits which involves payment of installments
on a regular basis. In this seller retains control over ownership of the property or goods.
Eg:loans, mortgages.
Unrestricted credit: this can be explained as open ended credit in which loans are taken
on a regular basis and billings are made periodically to make the least partial payments. eg.
Credit card purchases, master and visa card purchases
Legislation : consumer credit Act, 1947 and financial services and market Act, 2006.
Different type of agreements with:
Suppliers: this is defied as an agreement between seller and buyer for supply for
purchase of products. The agreement clearly defined terms and condition regarding rights, duties
and obligation of parties who have signed that agreements.

Lender: this is agreement with financial institution and bank who provides loans and
advances to a business. Terms are added in this agreement that a periodical repayment of
principle amount will be made by business owners with interest amount called as installments.
Small agreements: in this the duration of agreement is very short, it can be for few
months or for a year or less than a year. These are generally entered for project of short term or a
supply of a material for few times only.
Consumer credit licensing requirements: to offer credit to consumers a permission is required
from financial conduct authority (FCA), for these rules must be complied with are:
 rules mentioned in FCA handbook
 rules stated in sales contract
 consumer credit Act
 consumer protection from unfair trade regulations
Termination, early repayment, default: when loan amount is repaid with whole
amount the agreement gets terminated. In case lump sum amount of loam is paid in advance or
early the interest also gets reduced by such time period. In case a default is made by business in
form of non payment of installment for a few months the property can be sized by the bank or
financial institution.
b. Differentiating different types of agent
Basis of difference General agents Special agents Agency coupled with
an interest
Meaning They imply for the
one who possess
authority in relation to
carry out transaction
on the behalf of
principal.
Such agent category
includes individuals
who have right to act
in a special designated
instance or set of
transactions.
Agents whose
reimbursement is
depend on the
continuation
pertaining to having
authority in relation to
working as an agent
fall into this category.
Example Manager may also be Real estate agents It includes agents who

an agent with limited
but an ongoing role
such as purchasing or
life insurance agent.
come under special
category because they
are approached to find
a buyer for principal’s
land (The Law of
Agency, 2017).
have property interest
in the business.
c. Evaluating rights and duties of agents
Rights: As per UK agency law agent possesses below mentioned rights such as:
 Agent of the business has right to deduct the amount, from the sum received from the
customers, which is due to him by principal.
 As per contractual terms of agency, agent has right to claim for remuneration.
 Further, agent also possess right in relation to the stoppage in transit.
 UK law entails that agent also possess right of indemnity and lien
Duties: For performing activities in a lawful manner agent need to comply with following
duties:
 Duty of care and skill ( referring case of Brutton v Alfred Savill, Curtis & Henson (1971)
 Duty of loyalty: On the basis of such aspect, agent is not allowed to consider its personal
or third party’s interest while performing activities (Duties of Agent, 2017).
 Duty of personal performance: Referring the case of  Allam v Europa Poster it can be
depicted that agent may not entrust performance of the agency to any other person.
 Duty to account: It entails that an agent is obliged to pay all the monies which received
from principal and third party on the behalf of an organization.
 Duty of repair and disrepair (McCauley v Bristol City Council (1991)
Case:
On the basis of cited case situation, due to the situation of unemployment customers
wants to terminate his hire purchase agreement. Hence, as per section 99 of Consumer Credit Act
(1974) by giving notice to the business unit customer can terminate the contract. However, in

this, in against to the usage of asset business unit will forfeit the same to recover amount. In
accordance with the principle 6 of Hire Purchase Act, under regulated credit agreements, firm
can allow customer with the original terms if it finds suitable to allow more period for
repayment. Hence, if business unit believes that in the upcoming time period customers would be
able to pay installments then it can grant extension (Credit Agreements & Hire Purchase under
consumer law, 2017). Along with this, in the case of non- payment from the side of customer
firm needs to give default notice to the customer (Consumer Credit Act, 2017). If customer does
not give any response of notice then firm or owner can repossess goods.
TASK 4
a. Outlining monopolies and anti-competitive practice legislation in the UK
Monopolies; this can be defied as a situation in which one business enjoy control over
whole industry and is generally found in supply and trade industry. The seller faces no
competition and have a power to set to selling price of its product and operate whole industry
with its moves.
Restrictive trade practices :
 to fix prices of product
 boycott entry or competition
 market allocation to sale product
 collusive trading
 market domination to control whole movement of market
There are several legislation, associated with monopolies and anti-competitive practice,
which prevail in UK enumerated below:
 Competition Act (1980 & 1988): Rules mentioned in 1980 Act presents that concerned
authorities need to undertake investigation practices on the suspicion of monopoly
practices. Further, Co

 Fair trading Act (1973): On the basis of such Act, business units need to perform
activities and do trade in a fair manner which in turn abolishes monopoly aspect to a great
extent.
 Monopolies and Restrictive Practices Act (1948 & 1965): Such Act monitors activities in
relation to merger & acquisition and restrict business contracts that are not in the favor of
public interest.
b. Explaining the role of the Competition Commission within the context of monopolies and
anti-competitive practices and the UK office of fair trading
In UK, competition commission was established as a legal body in 1998 with an
accountability to regulate merger and monopoly powers in the market. Such commission plays a
vital role in look after the market share of firm, local monopolies, R&D and economies of scale
within the industry. Along with this, competition commission takes initiative to ensure healthy
competition between the companies. This in turn leads fair trading and offers ultimate benefit to
both consumer as well as economy (Reforming Competition Law in the UK: The Competition Act
1998. n.d.). Earlier, CC only gave recommendations, whereas a rule pertaining to fair trading is
enforced by OFT (Office of Fair Trading). Hence, after the introduction Enterprise Act 2002,
role of CC increased significantly as now it has right to take appropriate decision rather than
giving recommendations to OFT and government.
c. Defining dominant positions within EU common market
Dominant position implies for the situation when one manufacture or business unit holds
50% market share. It is similar to the situation of monopolistic competition where manufacturers
abuse customers by charging different or higher prices. Chapter 2 of UK competition Act is
highly concerned with taking action for controlling abusive dominant position in the market.
Article 82 pertaining to European Union Treaty presents that within the common market any
abuse by one or more undertakings of dominant position shall be prohibited (Competition
Commission UK, 2017). Considering the case of United Brands Company V Commission (1978),
it can be depicted that on the basis of following aspects abuse of dominant positions can be
proved such as:
 Imposing different prices

 Undesirable terms and conditions
 Selling of goods at below cost
 Tying and bundling agreements
d. Considering the application of EU exemptions to potentially anti-competitive practices
Treaty article: this can be defied as agreement under international law entered by
sovereign of one country with international organisation.
As per Treaty on the Functioning of the European Union (TFEU), EU exemptions related
to anti-competitive practices are applicable on the following aspects:
 Horizontal co-operation and vertical agreements
 For the aspects in relation to transferring technology where licensing agreement takes
place
Individual exemptions: this are provided to professional sport, financial institution,
activities and products covered by intellectual property law.
Block exemptions: these exemptions are available to governmental and provisional
bodies.
Impact exemption: this are to provided to thrust basic legitimate facilities to exchange
information, reduce risk and even the bargains.
TASK 5
Identifying different forms of intellectual property
Definition: intellectual property can be defined as creative work of a person which can
treated as asset of physical property of that individual. This is something unique which is created
in material form. An idea can not alone be counted as intellectual property.
Types: this can broadly divided into
 Trademarks
 Patents

 Design rights
 Copyrights
On the basis of UK laws and legislation, there are mainly six types of tools that can be
used for intellectual property protection such as trademark, copyright, patent, designs,
confidence and domain names (6 types of intellectual property protection and how to defend
your business, 2017).
Relevance to business: for a business intellectual property rights are very important as
they protect their products from being used by others in same or similar form. This results in
protection of their profitability and reputation in the market.
Ownership: a person owns an intellectual property in case he/she has
 created it, (meeting all requirements of copyright, patents, design)
 bought rights of intellectual property form its previous owner,
 a brand which is capable of being a trade mark
Outlining principles relating to the protection of inventions through patent rights and their
infringement
On the basis of given case situation, Computer company can use patent for protecting the
content of e-book from the competitors. Moreover, patent will enable business unit to exclude
other from making and selling an e-book invention. Patent Act (1977) provides business unit
with rights and remedies in the case of infringement (An introduction to patents and patent
infringement, 2017). Hence, on the violation of patent pertaining to e-book Computer company
can sue in against to the defendant party and has right to get compensation for the same.
What can be patented and what can not be
thing which can be patented
 an invention of software
 an invention strategy

 an generic engineering procedure
invention which can not be patented
 which are obvious in nature
 does not have any utility or usefulness
Invention and ownership: an owner of an invention get ownership for 17 years from the date of
issue of such patent right. The person has an exclusive right to use that invention and no one can
copy or use that expect with permission of patent holder.
Describing principles relating to copyright protection and their infringement
By undertaking Copyright, designs and patent Act (1988), computer company can
authored its artistic work pertaining to hardware and software as exclusively its own. Moreover,
copyright entails that work done by Computer Company is exclusively its own. As per
intellectual property and Copyright Act, in the case of infringement, business unit needs to
contact to copyright infringer (UK Copyright Law. n.d.). Along with this, company has also right
to claim or sue for financial remuneration or compensation pertaining to damages such as
royalties etc.
Comparing and contrasting protection of trademarks and business names
Basis of difference Trademark Business names
Usage It is used to assess product or
service in the marketplace and
distinguish the same from
others.
The main purpose of firm
behind using specific name is
easy recognition among the
customers towards offerings.
Protection Trademark gives specific right
to the firm in relation to
offering goods and/or services
for which it is registered.
Unlike trademark, business
names offer less protection to
the entity. As, it does not
prevent others from selling
identical products or services.
Time limitations Limited to the specific tenure
mentioned (Company names v
Trademark, 2017)
In the case of business names,
there are no time limitations
pertaining to the use of brand
name.