Business Law: Consumer Rights Act, Employment Law, Startups in UK

This report provides a comprehensive overview of key aspects of business law, focusing on consumer rights, employment law, startup businesses, and mergers and acquisitions in the UK context. It begins with a mind map outlining the branches of law, including administrative, property, criminal, and civil law, with a specific focus on contract law. The report details the essential elements of a valid contract, including offer, acceptance, consideration, and intention to create legal relations, referencing the Contract Act, 1872. It also examines intellectual property rights, covering trademarks, copyrights, and patents, and their respective legal frameworks. Furthermore, the report includes an interview-based analysis of the Consumer Rights Act 2015 and employment laws, highlighting the rights and obligations of consumers and employees. The report then discusses the formation of a startup business, 'Business Law Consulting,' as a partnership, emphasizing the legal and practical considerations. Finally, it explores the impact of mergers and acquisitions on market competition and shareholder value, referencing relevant consumer and EU merger laws. The report concludes by underscoring the importance of legal frameworks in fostering fair trade and protecting consumer interests.

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

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LAW
Business Law
Administra
tive law
Property Law
Criminal law
IPR CIVIL Tort
Contract
Task 1
Mind Map

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Contract Law The law that deals with the rights and
obligations that arise out of a contract.
Agreement Legally enforceable agreements are called
contract. The terms of the agreement need to
be clear and concise and should not have any
ambiguities.
Contract Contract is defined as a set of promises that
give rise to legally enforceable rights and also
give the parties the right to seek remedies in
cases of breach of contract.
Parties For a legally enforceable contract, it is
essential that the parties are not minors and
they have the legal age to consent and they
agree on the same terms in the same mind. The
parties should be made aware of the terms of
the contract.
Consent To enter into a contract it is important that they
have consented to be legally bound by the
terms of the contract and they have intention to
vary out the rights and obligations of the
contract. The consent ahs to be free and

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without any coercion.
Offer and acceptance There has to be an offer made by one party
which has to be accepted by the other party.
Intention to create The parties should have the intention to create
a legal relation and perform the contract with
the intention of carrying out the implied
implications of the law.
Consideration To form a valid contract, it is essential that the
agreement is supported by a valid
consideration. The consideration has to be
given in return of something that has been
promised in the contract law. The principle of
consideration is called quid pro quo. The
consideration has to be legal and lawful and
can be either in the present or in the future.
Law governing contract The Law governing contract is Contract Act,
1872.
Valid, Void and voidable contract The contract has to be possible to be performed
by the parties. A void contract is one which is
not tenable legally and voidable contract is one
which can be repudiated by either party.

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Legal formalities The contract can be either in writing or oral. A
written contract is deemed legal if it is
registered or attested.
Intellectual Property Rights
Intellectual Property Explanation
Trademark Trade Mark laws are governed by the Trade
Marks Act. This is the statute that regulates the
registration of trademarks in Pakistan.
Trademark is defined as any mark that has the
power of being graphically represented and is
distinct from other marks. The basic principle
of trademark is that it should be able to
distinguish one mark from that of another
undertaking. The marks need to be distinct.
The registration of trademark in Pakistan helps
in warding off infringement by third parties.
Registered trademarks are protected from any
trademark infringement and the mark which

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has been infringed can seek remedies in cases
of breach.
Copyright The Copyright Ordinance, 1962 is the law
regulating copyright law. The copyright
subsists in literary work, dramatic work, in
artistic work, in recordings. Copyright law is
also found in cinematographic works.
Paintings, drawings and sculptures also come
under the sphere of copyright protection. The
author is eligible to be protected by copyright
protection and the owner of the copyright also
has the right to assign the copyright to
someone else and can also license the subject
which has been protected by copyright. Under
permission, a third person can use the protected
copyright but when it is done without
permission, it leads to copyright infringement.
Patent Patent laws are governed by the intellectual
property office. The patent is given in cases
when there is a novel invention and the
interests of the inventors are protected by the
patent laws Patent helps in promoting

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invention.
Task 2
Interview
a. Interviewer: what are the benefits of the Consumer Rights Act 2015?
Interviewee: Under the Consumer Rights Act, the rights of the consumers are protected
and preserved. The State has undertaken the responsibility to ensure that there shall be a
mutual relationship of trust between the consumer and the seller and the seller is duty
bound to sell products of proper quality1. Under the new act, all the previously existing
laws have been combined and a new Act has been created to give protection to all the
rights of the consumers.
Interviewer: How is the new Consumer protection act different from the previously
existing consumer protection acts?
Interviewee: The new Act has replaced all the other existing consumer protection laws
like Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations, Supply of
Goods and Services Act. The new law has changed the situation of sale and has also
recommended a few changes. Under the new Act, the consumers have the right to return
faulty goods for refund; they can repair or replace goods under the Act
Interviewer? Who is a consumer under the Act and what are the rights?
1 Singh, Namrata, and Nilanjan Mukherji. "Consumer Rights in E-Commerce." (2018).

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Interviewee: any person who is acting outside the scope of his business and is related to
the trader for personal business and transaction.
b. Interviewer: What are the laws related to employment?
Interviewee: the laws related to employment that regulate employers relations, fix their
rights under the Employment act and also compensate them in cases they face any loss or
harm.
Interviewer: How are the relation between the employer and the employee conducted?
Interviewee: the relation between the employer and the employee is very professional and
they are bound by an implied contract wherein the employer shall ensure that the
requirements of the employees are met, there is no threat to their health and they are
giving their best performance.
Interviewer: what are the most important aspects of the Employment Regulation Act,
2004, with special emphasis on termination?
Interviewee: the workers have statutory protection under the Act and they cannot be
induced to enter any union against their wish. There shall be no coercion on the
employees to abide by the agreements of nay union. The employees are also protected
from termination and they cannot be terminated without prior notice. The union official
shall make sure that there is a proper grievance hearing which will try to redress the
worker’s problems.
Task 3
The start up business shall be partnership business and the aim of the start up will be to
cater to the needs of the customers. The start up is of giving legal advices to people
through an application. The name of the start up is Business Law Consulting and the

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nature of the start up is partnership where three people are coming together to form the
company. A partnership company is formed when two or more people come together and
engage in a business for profit. The people have equal stake on the company profit and
their rights are equal2. The partnership company is very flexible and the partners are
limited by liability and the liability shall vary depending on the stake of the partner in the
company. The agreement has been entered between the parties with the aim of ensuring
that the goals of the company are met and the parties perform their duties. In cases of any
loss in the start-up, the parties shall be liable to pay damages to the aggrieved party. In
partnership, to set up the company, the first step is to choose a name of the company and
then the partners have to choose a nominated partner and then subsequently register the
start up with the Revenue and Customs Department. The person who has been nominated
shall keep in mind the tax payments of the company. After the registration the company,
the start up shall commence the business and then continue with the proper running of the
business. The company shall function under the principles of agency wherein the there
shall be a primary agent and the partner shall regulate the agency. The agent shall carry
forward the directions of the company and keep in mind the best interest of the company.
The Business Law Consulting is a legal undertaking that helps to resolve legal issues and
the agency is directed towards giving strategic solutions to people. The Business Law
Consulting gives support to law firms and also to other business undertakings. The start
up is directed towards giving value service to lawyers and to the legal field. The relation
between the agent and the principal is fiduciary and the agent shall work in the interest of
the company. The Business Law Consulting is a one of its kind start up that ensures that
all legal problems shall be dealt with, under one roof. All solutions to legal problems can
2 SALE, ASSET, and STOCK SALE. "Merger vs. Acquisition." (2014).

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be solved. An agent is one who acts on behalf of the principal and enters into a contract
with a third party. The directions of the principal are binding on the agent and the agent
cannot act in violation of the directions given by the principal. In the present case, agency
can be applied by regulating a proper contract with an agent who can bring in clients and
shall be remunerated under the contract for the service he provides to the start up. The
agent will be bound by an agreement and he will deal with third parties on behalf of the
company.
Answer 4
Mergers and acquisitions help in increasing market shares and it helps in increasing
competition in the market. The value of the shareholders increases with the rise in
mergers and acquisitions. Mergers and acquisitions are rising due to the rise in
commercialization and globalization. When two or more companies, there is a high
chance that there shall be more growth and the competition shall also increase. Long term
development can be started with the help of mergers and acquisitions. When a company
merges with another, there is a slowdown of competition and two big companies and
their interests have aligned. Therefore, it is only prudent for the companies together to
prioritize their goals and make sure they are on the same page with which they are
merging with another company. Therefore, it can be said that merger and acquisition
foster growth and it helps to survive in a cut throat competitive market.
The mergers in UK are regulated by consumer law and the European merger law are a
part of the EU law that regulates mergers. The act intends to regulate mergers so much so
that firms do not acquire any degree of market power that the consumers are affected and
their interests are harmed. The companies try to merge so that there is a reduction in the

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transaction cost and so that the economies also scale higher. Therefore, under EU law it is
important that the interests of the consumers are preserved. With the help of mergers, the
market power of the big companies will rise and therefore, it is pertinent to mention that
the merger law helps in down streaming entities. Through the help of mergers, there will
be a stop on monopoly and the competition law will promote fair competition. The
merger law in EU will strengthen market position and also create effective competition
impeding monopoly and market domination.

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BIBLIOGRAPHY
Alsmadi, Sami, and Ibrahim Alnawas. "Consumer Rights Paradigm: Development of the
Construct in the Jordanian Context." Journal of Business Ethics (2018): 1-18.
Greve, Henrich R., and Cyndi Man Zhang. "Institutional logics and power sources: Merger and
acquisition decisions." Academy of Management Journal 60.2 (2017): 671-694.
Knapp, Charles L., Nathan M. Crystal, and Harry G. Prince. Problems in Contract Law: cases
and materials. Wolters Kluwer Law & Business, 2016.
Kötz, Hein. European contract law. Oxford University Press, 2017.
McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK),
2014.
SALE, ASSET, and STOCK SALE. "Merger vs. Acquisition." (2014).
Singh, Namrata, and Nilanjan Mukherji. "Consumer Rights in E-Commerce." (2018).
Slade, Emma L., et al. "Modeling consumers’ adoption intentions of remote mobile payments in
the United Kingdom: extending UTAUT with innovativeness, risk, and trust." Psychology &
Marketing 32.8 (2015): 860-873.