Business Law Report: Analysis of Sales, Credit, and Competition Law

This business law report provides a detailed analysis of various legal aspects relevant to businesses. It begins with an examination of implied terms related to the sale of goods and services, including statutory provisions on property transfer and possession, as well as buyer and seller remedies. The report then delves into credit agreements, differentiating between various types and exploring rights of termination and default notices. It further examines agency law, competition law, and intellectual property rights, including patents, copyright, and trademarks, providing a comprehensive overview of the legal framework governing business operations. The report uses the example of 'Ben's car' to illustrate the application of these legal concepts in a practical context.

Business Law

Table of Contents
INTRODUCTION .........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Analysing the legal rules of implied terms relating to the sale of goods and supply of
services........................................................................................................................................1
1.2 Analysing the statutory provisions on the transfer of property and possession....................2
1.3 Evaluating the statutory provisions on buyers and seller remedies in sale of goods
contracts......................................................................................................................................3
1.4 Analysing and advice a product liability legal rules and statutory provision for faulty
goods...........................................................................................................................................4
TASK 2............................................................................................................................................4
2.1 Differentiate between the types of credit agreements...........................................................4
2.2 Explaining the right of termination and default notice for Ben............................................5
2.3 Analysing the general features of agency and differentiate between the different types of
agents...........................................................................................................................................6
2.4 Evaluating the rights and rules of an agent to assist Ben understand his position................7
TASK 3............................................................................................................................................7
3.1 Explaining the monopolies and anti competitive practices legislation in the UK...............7
3.2 Explaining the role of competition commission within the context of monopolies.............8
3.3 Defining the dominant position within EU common market which gives example of such
businesses....................................................................................................................................8
3.4 Discussing position when under EU law and exemptions will be made to potentially anti
practising.....................................................................................................................................9
TASK 4............................................................................................................................................9
4.1 Identifying the different forms of intellectual property rights..............................................9
4.2 Explains the principles that helps to protect inventions through patent rights and legal
rules preventing their infringement...........................................................................................10
4.3 Describing the principles relating to copyright protection and the legal rules...................10
4.4 Comparing the contrast the protection of trademarks and the businesses..........................11
CONCLUSION .............................................................................................................................11

REFERENCES..............................................................................................................................12

INTRODUCTION
Business law or business law is the body of law which governs the legal system on
business and commerce and its often considered to be a branch of civil law and deals both with
issues of private law and public law. It is also known as commercial law which regulates
corporate contracts, hiring practices and the manufacturer and sales of consumer goods. Every
business required to adopt all kinds of commercial law in to regulates their corporate contracts,
hiring different practices and manufacturer sales of consumer goods. Present study will be based
on business law which will be based on Ben's car in within company starts the better
performance and best outcome results and goals. Under this file study further express about the
different legal rules of implied terms relating to the sale of goods and supply of services. Further,
this file also going to undertake between types of credit agreements which Ben as a consumer
could use to buy a car. Besides, EU law also explaining common market giving examples of such
businesses.
TASK 1
1.1 Analysing the legal rules of implied terms relating to the sale of goods and supply of
services.
In order to get or buy any product or services it consists very lengthy process. Implied is
the legal term and provisions of the agreement in which court assumes that this must be included
in a contract (Adriaanse, 2016). The major fact or the purpose is that to grow the business growth
in order to meet out best outcome results and growth. Terms can be implied by law when there is
a statute that directly addresses the issue.
Implied warranty is the term that is most important and useful even there is not oral sales
and contract. On the other hand, according to sale of good acts 1979 that arise between trader
and a consumer have been replaced wholly or in part by the new consumer Rights act 2015.
At the time of transfer of Goods consumer get needs to check it out in a proper manner by
quality, by durability, delivery time, sales to consumers, unfair terms and also ensure about the
proper activity goal and making new better services or growth (Bettig, 2018).
Exclusion of implied terms
 After taking this contract both the party get into the contract which possible outcomes
might be negative or varied by express agreements.
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 Both the party should disclose the information about the product prior to the payment of
the services. Moreover, it helps to determined the best outcomes and better growing
performance in order to meet out the best outcome results (Blau, 2017).
 According to Implied contract dealer needs to make sure they provide the same services
or product on which deal has been signed.
 Consumer has to read the all clauses before making the purchasing decision.
1.2 Analysing the statutory provisions on the transfer of property and possession.
Transfer of property act 1893 is an legislation which regulates the transfer of property or
in order to reduce the happening in the system of transferring any goods and services. This is the
process or legal structure where a seller agrees to transfer the property to the buyer on the behalf
of some considerable amount (Blum, 2017). Contract between all the parties might be absolute or
conditional.
Transfer of goods and services make an agreements to sell for the longer period of time.
It more effective and certain in case of any fraud or miss- happening. Ben supposed to make
proper agreements and read all the clauses which was mentioned in the booklet. So that, he got
know know that the car was not perfectly fine to take.
Sale and agreements to sell
 Agreements to sell has been declared as a sale when the time elapses the conditions are
fulfilled or understood that property is now going to be transferred to other party.
 At the time when goods transferred from seller to buyer than it become sale contract.
Capacity to buy and sell
On the other side, this is the another next term is that to capacity to buy and sell is
regulated by the genera; Haw concerning capacity to contract (Boundy, 2016). For example:
infant or minor person and those people who are mentally unstable and unsound mind. They are
not allowing to make any contract or agreement.
Necessary things to do
This is necessary to do things more better and growing as per the task, that as per the
Ben;s case. He is liable to check the goods positioning level weather they are stable or as look
like the same as before or not. Unless the goods has transferred party cannot pass from the seller
to buyer (Damborg, Danson and Halkier, 2017). Thus, unascertained goods are not provisionally
transferred to the party. They must be tried at once to make the better following services or
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growth. It is the fault of the car holder that they needs to disclose all the bad conditions of the car
in front of the Ben to let him knows.
Another must having in between the contract is that intention to PASS property in good
must be there (Drahos and Braithwaite, 2017). In a sales of specific or ascertained goods and the
property must be in good position in order to meet out the best outcomes results.
1.3 Evaluating the statutory provisions on buyers and seller remedies in sale of goods contracts.
Remedy for breach of contract is a way or the method to give give cure from the cause. In
case of any wrong performance in the case or the process any of the victim party can claim
against another party who is a culprit. Such as like in the Ben's Case . Both the car dealer and the
purchaser can file the case against each other.
Sellers duty
Seller duty under the sell contract is that to motivate the best outcome results and the
great resolution contract in order to keep that touch and good outcomes. It helps to make the
contract better than before (Dratler Jr and McJohn, 2018). They must also be fit for purpose and
of satisfactory quality. In case of any of the following situation seller can come under the default.
 If provision has been registered as faulty goods.
 If the dealer hide some information regarding the matter of fact that comes into the best
possible manner.
Buyer Duty
Buyer duty is that to check the position and all information regarding the product or
services in order to meet out their own satisfaction need.
Sellers remedies
 Suit for price : as per the section 55(1) if contract of sale has posed to buyer and
wrongly neglect or ignored. Buyer refused to pay, in that particular situation. Seller can
sue buyer for the price of the goods. It also affect the business into so many other
manner.
 Damages for non-acceptance : As per the section 56 if buyer damage the goods or
neglects to accept the goods and refuse to pay as well. This can be affect the business into
more possible manner.
Buyers Remedies
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 Damages for non delivery : In case with buyer's when seller make some frauds and
happening. If therefore the seller wrongly resells them. In case of Ben's where company
fails to make the most challenging behaviour goals and task. In case sellers fails to
deliver the good on time. In that condition, buyers have right to sue seller on that behalf.
Besides, buyer can recover there money from there only (Grundmann and Hacker, 2017).
 Remedy for breach of warranty : As per the according section 59 (1), in this point of
condition. Buyer can elect or is compelled to treat any breach of a condition on the part of
the seller as a breach of warranty.
1.4 Analysing and advice a product liability legal rules and statutory provision for faulty goods.
As per the Ben's case where he suffered from the damages for the failure of car proper
working. Ben's have rights to claim against seller on the behalf of product liability law
(McKendrick, E., 2014).
Claims under the consumer protection act 1987
This is the act just made for a consumers or those buyers who get faced the issue of
defaulty goods. For that, customer needs to proof against law that product having defect and any
ineffective working.
Contracts and tort claims
Under this contract of act where the party who claimed they will not get the amount of
claimed. In this case claimant can also get the replaced product if there is having some this kind
of situation.
TASK 2
2.1 Differentiate between the types of credit agreements.
Credit agreements are the agreements which legally binding parties who made the
contract of borrowing or the lenders (Narciso, 2017). In order to taking some thing for some time
period. It is the responsibility of the another party to get the money back to the party through
money was taken.
Debtor Credit agreements
this type of credit agreement where debtor – creditor is regulated by the buyers credit
agreements. It helps to make the best outcomes or result oriented goals in order to meet out the
best outcomes results and growth. Some of the example of these creditors are bank loans, credit
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extended, bills payable and bonds. In this contract or an agreements two parties get involved
with the agreements. Another different feature of debtor or creditor agreement is that only one
person or a party involving in a straight loan format with a some specific goods and services.
Debtor Creditor supplier agreements
Creditor debtors or suppliers three party get involved in this credit agreements which
makes different this contract with first one that is creditors debtors agreements (Stone and
Devenney, 2017). It also affect the overall agreements which included three parties in a time.
Under the consumer protection act 1974 where supplier-debtor or creditor make agreements in
which one who offered finance support to other connected party may be dealer or supplier.
Consumer Credit Agreement
It is the another format or type of credit agreements where consumer take loan from the
bank or the some other options to purchase new product or services
2.2 Explaining the right of termination and default notice for Ben
In case or due to uncertainty of Ben's fails to pay the amount to creditors than in that case
person have options to quit form the agreements by giving some prior notice or some
termination. Default notice is the term or process through which other party can understand the
reason of termination that contract is in breach now. This termination process must have been
done within some particular time period, in order to take some remedial step and explain the
reason that why party is not able to pay or perform his duty.
In other term termination is the term in which both the party will no more into the
contract they are free to discharge (Wildavsky, 2017). It helps to make the some new more
considerable amount of money to get resolved the case or charges as well. If Ben's wants to
terminate the contract, he needs to make written notification to the surety with all reasons.
Permit the contractor to continue performance of the contract by means of a subcontract
or other business agreement with an acceptable third party. Besides, Ben's also need to pay some
amount penalty charges along with return car as well in the same situation at the time of
purchasing. Overall, if they fails to discharge itself within the time period they cannot be get the
any amount of rebate or he might be get sue by the other party as well.
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2.3 Analysing the general features of agency and differentiate between the different types of
agents.
Agent is the person who is play a role of middle man in between the seller or buyer.
Hiring of an agent situation has occurred while buyer is new and know less about the overall
process of contracting and agreement purpose. Sometimes, consumers have don't time to go and
do some written works. So in that case they hired agent or a middle person to do all formalities
on the behalf of them (May, 2015). It helps to reduce the time and make fact process of
exchanging the things in a proper manner. There are some kinds of agents who make deals
behalf of their real buyer. Agent contact with companies as well as the buyers to make the
process more smoothly.
General Agent : General Agent is the process or authority to carry out a broad range of
transactions in the name and on behalf of the principle. Moreover, the general agent might be a
manager of a company who have rights to take some small decisions on the stead of company.
Mostly general patient is the more developing fact and most effective leading goals.
General agents are generally belongs to a business agent. One common form of a personal
general agent is the person who holds another power of attorney.
This is the another matter of fact that affect the business new effective and long term.
One common form of personal agent is the person who holds another power of attorney.
Special Agent
Special agent is the another type of agent who has right to act only in a specifically or
designated instance or in a significantly manner. Some of the examples of special agents are
property dealers.
Subagent
Subagent are the person who itself is the agent but they also appoint agent from his own
behalf. This term of situation might be not knowing to the principal (Grundmann and Hacker,
2017). The best example of the sub agent in a Insurance company who appoint a general agent to
open offices in the city or a town.
Servants
This is the last category of the agents which is called agent. Servant is the kind of a
employees who work under the employers.
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2.4 Evaluating the rights and rules of an agent to assist Ben understand his position.
Duties of agents
 In order to appoint a person as an agent, it is the responsibility of that agent that he is
accountable for all those activities under which they associate any person or client. Agent
is the person who owes a duty to the principle to act in the principle best interests within
the authority of the agent (Macaulay, 2018).
 Agent needs to find the best interest of the principle requires. This is the another matter
of fact that affect the business into more genetic manner.
No Conflict of interest
This is the another duty of the agent that helps to the party to stay away party from all of
that. Another, it is the another responsibility of the agent to not hold the any other contract until
he associated with another.
No secret profit
Common law requires that an agent should not make any profit or acquire any benefits by
making some frauds. Secret profit also known commission from the wrong sources or process.
Such as use property or goods on his own purpose (Damborg, Danson and Halkier, 2017).
Duty Confidentially
Owing to the fiduciary relationship between a principal and his agent which is not been
disclosed by any information concerning the principal or any confidential information.
TASK 3
3.1 Explaining the monopolies and anti competitive practices legislation in the UK.
Anti competitive is the agreements within the party which includes price fixing, limiting
production. All businesses whatever their sizes must understand and big effective leading that
affect the business goals and best involving and long term goals. It is the best and making the
best following the best outcome results.
These agreements can be formal or informal and may include shared understanding
concerted practices (Blau, 2017). Price fixing, bid rigging and other ways of agreeing not to
completed in an proper manner.
In some simple term the term or the process of identifying firms seeking to win
customers business over time in order to fining the better deal or process. In order to meet out the
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best growing and long lasting channel of growing performance. UK concerned with some of the
areas
Anti competitive agreements : anti competitive agreements are the those agreements
who become unlawful until unless they have some redeeming virtue such as the enhancement of
economic efficiency.
Abusive Behaviour : Abusive behaviour is the another term which is monopolist and
who been dominant firm with substantial market power. For example in this particular situation
company set their prices law in order to take out the rival company out of the market.
Mergers : Many systems of competition law enable to make the competition authority to
investigate the process of mergers between the parties. Clearly if one competitor were to acquire
its main competitor process (Damborg, Danson and Halkier, 2017).
3.2 Explaining the role of competition commission within the context of monopolies
The Role of Anti-competitive and market authority
The role of anti competitive and market authority which comes into the main goals and
objectives in order to meet out the best outcome results and best growing performance. The
primary or some questions of the of the goals. That affect the business new makes the best
outcomes. This affect the business and new major effective and make the long term affect.
Roles
 it creates mergers in order to includes or restrict the competition level.
 Also, Co-operating with sector regulators which helps to encouraging to use better
services or some new competitive power.
3.3 Defining the dominant position within EU common market which gives example of such
businesses.
Firm is the best example which is the ability to behave independently of its competitors,
customers, suppliers and ultimately the final consumer. If it company can restrict competition by
charging high prices, depriving smaller competitors of customers by selling at artificially low
prices. Dominant company and industry can easily exist in the market independently with their
customers and suppliers.
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3.4 Discussing position when under EU law and exemptions will be made to potentially anti
practising.
European competitive law is the form or kind of competitive law within the area of EU.
This law or regulation helps to competitive within the EU market by introducing anti competitive
in order to ensure to not create cartels and monopolies that would damage the interest of society.
European competition has drives the most of the articles 101 to 109 of the treaty on the
functioning of the European union. Moreover, it brings the new emerging and best performing
goals to make the best attraction level.
TASK 4
4.1 Identifying the different forms of intellectual property rights.
Intellectual property tools that helps to protect the businesses tangible or intangible assets
within the business. Intellectual property rights is the form of investment in research as without
some form, of protection, investors.
Patents : Patent is the form of tool or right of the business holder to protect the business
invention. Business owner has right to protect their loyalty from others by selling, making same
copy etc. it has some limited period after the process has been redeemed (Damborg, Danson and
Halkier, 2017). Patent is the way to protect their own idea efforts that makes business more
prominent and effective growth.
Copyright : Copyright protect the expression of literacy or artistic work. Many of the
artist would suggested they have right to protect their unique quality from other thief. Copyright
is the tangible thing which cannot be take over by any other company or goals. It makes the less
effective process goals.
Trademark : Trademark is the another ineffective or distinctive tool to differentiate the
business product or services from other rival companies. With one company trademark no one
can other adopt from the market.
Design : Design is the another intellectual right which other cannot take without the
permission of real owner. Design is the creativity that should not be taken by others without
having the information to owner (Drahos and Braithwaite, 2017). It affects the best way to make
the large efforts and make the best outcome results in order to meet out the long term goals.
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