Business Law Report: Consumer Rights, Credit, and Agency for Ben

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This report delves into the intricacies of business law, focusing on consumer rights, sales of goods, and credit agreements, using a case study involving a car purchase by Ben. It examines the legal rules applicable to merchandise, the government's provisions on the transfer of ownership, and statutory provisions for buyer remedies, including product liability rules for defective products. The report further analyzes different types of credit agreements, including hire purchase and conditional sales, and explores laws related to termination rights and default notices. Finally, it describes the characteristics of agency and differentiates between various types of agents, including general, special, and estate agents, along with the rights and responsibilities of agents and principles.
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BUSINESS LAW
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INTRODUCTION
Law of business refers to the norms which is related to the merchandise trade, sales or
bargaining .It is considered as an important element of private and public laws. Consumer law
includes all the business consumers and commerce transactions that are required for enforcement
in commercial and business fields. These are related to Banking, sales and services, debtors and
creditors, mortgage instruments, negotiable instruments, etc. All the instruments are directly
related with the tax liability, limited partnerships, professional securities and so on. These
instruments are considered essential on the part of providing security to the consumers against
the companies who are providing products and services (Abdi,and Aulakh, 2012). Codification is
a process that helps to cover a complete system that occurs when the code is applied at the time
of enactment.
This report deals with the introduction about Mr. Ben who is interested in purchasing a new car
and after buying the car when he decides to travel outstation by the car he feels that the car is
not must as he has expected and also he tried to utilize all the laws against the company and also
provides all the legal instruments in law court against the company. Although Ben didn't checked
the car properly but he has the right to sue the company and can get compensation against the
loss caused to him in monetary and financial terms.
TASK 1
1.1 legal rules which are implied on the different terms on the merchandise
Every contract has gone through from some sort of legal terms to get free from any fraud
or misinterpretation. In fact business laws plays a very vital role in today's world because it helps
the customers and overall society from losses and exploitation. So in case study of Ben's car
legal rules are applied and appropriate act is going to applied on it. Sales of goods and supply of
services act is going to used in this condition to solve the overall scenario by using the rules or
regulation and norms of the appropriate acts (Bagley,and Dauchy, 2011). According to the
appropriate act which is named as sales of goods act 1979 and supply of services customers have
the authority to know about the advantages and disadvantages of the particular goods to take
corrective action. Apart from this according to this cited act sellers have the right to sell their
product by describing the overall quality of their goods. In additional an enterprise must ensured
that products that they are going to sell must satisfied the needs and wants of the customers by
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fulfilling their demand. According to the present scenario of the Ben's is the purchaser of the car
from car dealer but after using the car he get to know about the engine problems so now he wants
to refund which is not possible according to the clause 9 amended by law and order.
1.2 Analysis of the government provisions on the transfer of ownership of the product
Laws and order or government has amended many norms, beliefs and fundamental rights
on the transfer of ownership of a particular products . In fact here is the so many more
provisions and fundamental rights implemented by the ruling party for the betterment of the
overall society and customers.
Some of the indispensable norms of the transfer of property and possession are related to
the present scenario by satisfying their customers needs and wants. Apart from this rules and
regulation are also made for protection of the rights of the customers by providing useful
information and data related to their rights (Bagley,., 2010). In fact Ben's also need to understand
all the important clauses of this appropriate act because he is trying to transfer his property to the
dealer because of some problem occurred while driving their car.
Mandatory rules and regulation of the transfer of property and possession are:-
Before choosing or buying of any product customer need to determine or analyse the
overall product.
Whenever two parties which means sellers and buyers come in the contract must have the
similar intention to avoid any misrepresentation about product.
Apart from this transfer of property is the term which shows the transferring of authority
and ownership
Mainly statutory provisions is very essential and important for transferring of a
ownership from sellers to buyers.
1.3 Analysis of statutory provision of buyers remedies
Statutory provisions are very mandatory for effective working of the particular contracts
which take place in between buyers and sellers for effective completion of the contracts. Mainly
various small and large problems and issues are occurred in between sellers and buyers while
transferring of ownership just like Ben's case (Bebchuk, and Jackson, 2011). By taking reference
of a Ben's issue it shows that various issues are occurring in between contracts because of the
damages faced by the customer named as Ben's.
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Various effective laws and amendments are amended by the government to resolve the
problems by overcoming their problems by taking useful initiatives with the consideration of all
relevant facts and figures. Consumer act arises in 2015 and provides various kinds of remedies
for their customers by implementing various other effective and useful programmes to protect
their rights.
Consumer who enters into a particular contract may sue for their damages to recover
their principle amount by applying appropriate acts on it.
One of the major right of the customer is try to reduce the price by using their skills and
talents.
According to this act consumers have the authority to change their product within thirty
days by deducting some amount of the money.
Right to replace the product and ask for repairing of a particular product within given
period of time.
1.4 Analysis and appropriate suggestion on product liability rules and provisions for defective
products
According to the different types of acts and laws consumer has been protected and
safeguard with the help of various other acts. Some of the effective acts of the consumer
protection acts are for example consumer protection act whose main motive is to protect the
duties and rights of their customers (Bently,and Sherman,2014). If any wrongful object or
product is delivered by the seller to their customers then they might responsible for their damage.
Like in a given scenario of Ben's car may also sue to the dealer of a car for their damages by
filing case against the manufacturer by proving some of the indispensable points for example-
Goods is not fulfilling their demands and wants which means they did not get satisfied
with their product.
Car which he buys is a faulty and defective product.
Due to the defective products buyer is going to face some sort of injury and health issues
which create their personal loss.
According to the given scenario, buyer has received defective or faulty products so dealer
is liable for this mistakes and his responsibility to solve the issue of a buyer by providing them
other alternatives. Apart from this according to the statutory provisions there is a rules and norms
of suing the manufacture in case of any defective product.
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TASK 2
2.1 Comparison on the distinctive types of agreements based on credit
There are many more types of rights and duties are defined or showed under this
agreement. In fact credit agreements are made by the government or ruling party to protect the
rights and interest of their customers by implementing many more laws and acts to safeguard the
duties of the customers (Bowie, 2017). By considering the Ben's case who buy a car from dealer
uses various types of the credit agreement which are given or described below:-
Hire purchase – Hire purchase is the agreement in which buyer purchase the property
or particular products by getting possession on that. In hire purchase the principle is
amount paid by the creditors and later on that amount is paid by the buyer to the
creditors by becoming the owner of the property.
Conditional sale :- According to this agreements there is a specific condition is given
during sale in which buyer gets the authority to transfer the ownership of the property
top another party.
Credit sale :- In this credit agreements, choice of customers must consider and its their
responsibility to either sale the product or to keep with them which means its all
depends on their choice.
2.2 Analysis of laws related to termination rights and default notices in response of failure in
fulfilling the future debts.
Termination is a term where the right has been granted or to the party to terminate a
contract and to make inappropriate notices. Apart from this it is a word in which it is having an
formal letter which are sent by an creditors to those of the persons which is having the money
has an nature (Cantwell,Dunning, 2010).
Termination rules
Ben should follow some of the following rules for termination of an agreements, some of
the rules are:
The lender has the proper rights to demand the settlement when ever it is possible.
Contract which is been made among both the parties if they are agreed with the
termination process of the contracts.
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The contract which is been made in between both the parties can be terminated by the
creditor if the debtor of an contract is been spilt.
When that contract gets terminated the debtors could be under an duty and the need is to
return goods in an specific time.
Default notice
In an case where the Ben cant able to make an future payments of an debts and there
would be an split of an contract then the creditors can give them the default notice to the Ben
before while taking an action (Chaffey, D and White, G., 2010). Some of the following steps has
to be followed by them:
The debtors are been given an default notice by tan creditor.
The creditors could be demand for an early payment to the debtors as they have the
rights for the termination.
The Ben is needed to return his car as they are having the rights to recover the goods.
While taking an further actions the creditor has to be inform them at least seven days
before.
2.3 Characteristics of agency and differentiate between various types of agents.
Agency is the term which is known has the special type of an agreements where an
principle gives an rights to one party would give the rights to act on the behalf of the other party
these are been known as the agents.
Characteristics of agency
There is an proper amount of agreement is in between the agent and the principles.
The main intention of an agent is that they must be act on the behalf of n principle. The agent can act or can perform all the activities on an principle but they can not
perform the personal nature acts.
Different types of Agents
General agents- This agent is having the unlimited authority to be carried out. This is been
included with the all task which is been associated with an task. Factors- these are the agents which use to deal with an tangible properties.
Brokers- Brokers are that person which are that agents which are been appointed to deal
with an intangible properties.
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Special agent- these are those agents which are been appointed for an special task of an
organisation and after competition of that task they use to be terminated by the firm ( Colpan,and
Hikino,2010). Estate agents- these are those agents which deals with the real property on the behalf on
an owner of an property. Bankers- bankers are that person which are responsible for doing all the activities of an
bank.
Auctioneers- These are the people which use to buy and sell the peoducts or the services
by the process of auctioning they use to make bid and the person who bids higer then
they would sell the things to them.
2.4 Describe the rights and duties of the agents
There are many more rights and duties of an agents is given which is very indispensable
and appropriate for completing or executing the agreements:
Right:
An agent can charge remuneration for any contract exist between the parties.
They also have right to lien over the property like in case of Ben Car that are mentioned
under the contract.
If there is an absence of any agreement prevail the agent has to take comprehensible
expenses.
If an agent pursues any disbursal while executing the activities then he can retrieve the
amount from the principal.
An agent has the authority to hold things linked to the enterprises on behalf of principal.
Duties:
One of the major duty of the of agent is to act as responsible person or mediator in
between both the parties coming into the contract. (De George, 2011).
If there is an agreement between parties then he has to follow all the responsibility and
duties according to it.
If he has the responsibility of constructing a building then he have the responsibilities
for maintaining the building if there is a chance of any damage.
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An agent has the authority to execute his activities carefully and in useful way. If he does
not do so and due to that any issues arises as well as loss then he will be liable to
compensate it.
Last but not the least agents plays a very eminent role in the contract between two parties
because it act as mediator in both the parties by describing overall description of a basic rules
and regulation.
TASK 3
3.1Anti Legislative and competitive practices in UK
Covered in PPT
3.2 Description effective role of the competitors or the market authority.
Covered in PPT
3.3 Explanations of dominant positions within the EU common market.
Covered in PPT
3.4 Consideration of the different application based on EU absolution for the various competitive
practices
Covered in PPT
TASK4
4.1 Identification and description of the various form of the intellectual property rights.
Cerebral property which is be associated with preventing different people to copy other
people work. The intellectual property can be defined as an: Copyrights- The copyrights is an
term which is been defined as the protection of that which is been granted to the authors of the
publication or the unpublished (DiMatteo,, 2010). The communicative art is been secured by an
copyrights, it forbid when any one copying or who is taking even an extract from without owners
permittee.
Patents- A patent could be defined as which is been allowed of the property right to the
inventor. And the right of an patent use to make enables the owners to have the proper right to
make elimination of the other individual from the part of formation, etc. the patent is been
generally valid for 20 years from the date of it is been made. Trade mark- an trademark is an
term which is been mark as any of the word, symbol, etc. any of the combinations and that which
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is been used to make an proper differentiation of the goods and services of one manufacture to
the other.
4.2 Principles related to the protection of invention via patent right.
Patent can be used by the innovators to highlight there product or differentiate from
others, the patent is been made by the rules and the regulations which is been formulated by an
government of an country. It is been made by the authors so that they can make the new
inventions or the new discoveries. An it is an concept of an restricts utilities and the sales and the
information (Disch, 2016). The inventions should be come in under the category which would be
demonstrated scope of the patentable subjects of an matter. Patent is been provided to an new
inventions not for an things which are been made. And the person whom the patent is been given
which is called an patentee, and he is having the rights to forbid the other person so that he could
sell its discoveries without his permission. If an single person would sell the process or the
products patents by without telling the patentee then it could be focused as an infringement of an
patent.
4.3 principles related to protection of copyright
A copyright is a authority which has been provided by the ruling party or central
government of a country to a particular business or enterprise to manufacturer their product
different from others. The donating of a copyrights which is been governed by a design and the
patent act. Any of the work which is been related an literary which is like an novel, lyrics, etc.
the Infringement of an copyright non of the person can sell or can be display in an public the
copyright which is without before permission of owner if any of the individual is founded doing
that, the person will be charged from the punishment copyright owner has an right to assert
repayment in the terms of damages which is been suffered on their part and they can sue the
person in an court (Friedman, 2011). Many more important and indispensable rules by which
infringement could be decreased and most appropriate method to ignore the breach of copyright,
previous acceptance of a copyright holder should have been taken.
4.4 Differentiate on the trademark and business name
There are difference between trademarks and business names. It is described below:
Trademarks Business names
A trademark legally safeguard of the name and Enterprises name is an name by which the
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the forbid of others from deal with that, the
registration of an trademark provided an
complete rights to make use of an trade mark
within their country trade mark is been given
to an person for 10 years (Johnson, 2013). The
trademark use provide the legal safety of that
brand name of an firm.
business of an firm operates. An proper
registration is been required mainly in that case
in which a firm is being traded by an name
which is not of their own name. Engaged once
only, whatever of number of an countries in
which the firm is been ruined (laycock, 2010).
firm name could not be listed that would not be
in distinguish or it same as the other to an
already running firm name.
CONCLUSION
This report is all about the laws which was amended by the government to protect the
rights of the customers and buyers from exploitation. The major role of the rules and regulation
made by the government is to implement the various programmes and policies in safeguarding
the rights of the consumers. Apart from this, this report consist of particular case related to Ben's
car issue in which he faced a various problems and issues related to the transferring of property
and possession due to the fault product received by him. In other words it also shows the overall
rules and regulation executed by the government by explaining overall rights and duties of the
buyers and sellers. Last but not least it also covers the various forms of rights for example
protection of trademarks, patents, patent rights etc. At the end it shows the overall description of
a relevant norms and data or information.
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REFERENCES
Books and journals
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Bagley, C.E., 2010. What's Law Got to Do With It?: Integrating Law and Strategy. American
Business Law Journal, 47(4), pp.587-639.
Bebchuk, L.A and Jackson, R.J., 2011. The law and economics of blockholder disclosure.
Bently, L and Sherman, B., 2014. Intellectual property law. Oxford University Press, USA.
Bowie, N.E., 2017. Business ethics: A Kantian perspective. Cambridge University Press.
Cantwell, J., Dunning, J.H and Lundan, S.M., 2010. An evolutionary approach to understanding
international business activity: The co-evolution of MNEs and the institutional
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Chaffey, D and White, G., 2010. Business information management: improving performance
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Colpan, A.M and Hikino, T., 2010. Foundations of business groups: towards an integrated
framework.
De George, R.T., 2011. Business ethics. Pearson Education India.
DiMatteo, L.A., 2010. Strategic contracting: Contract law as a source of competitive
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Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
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