Business Law Report: UK Business Law, Consumer Rights, and IP Analysis

This business law report examines several key areas of UK business law. Task 1 focuses on the legal rules of imposed terms in the sale of goods, statutory provisions on property transfer, buyer and seller precautions, and product liability for faulty goods. Task 2 explores different types of credit agreements, termination rights, legal rules, and the features, rights, and duties of agents. Task 3 delves into monopolies, anti-competitive practices, the role of the Competition Commission, and dominant positions within the EU common market. Finally, Task 4 identifies and examines different forms of intellectual property rights, policies for patent protection, copyright protection, and the protection of trademarks and business names. The report offers a comprehensive analysis of these legal aspects, providing insights into consumer rights, contracts, and intellectual property within a business context.

Law of Business
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BUSINESS LAW
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Law of Business
Contents
Introductory note:...........................................................................................................................................1
Task 1.............................................................................................................................................................2
1.1 Examining Ben on the legal rules of imposed terms in accordance to the sale of goods:.......................2
1.2 The statutory provisions on the transfer of property and procession for Ben:.........................................2
1.3 Assessment of the statutory provisions on buyer and seller precautions in sale of goods contracts:......3
1.4 The product liability legal rules and statutory provisions for faulty goods:............................................4
Task 2.............................................................................................................................................................5
2.1 Distinguishing between two types of credit agreements, which Ben as a consumer can utilize:............5
2.2 Termination rights, legal rules and default notices for Ben:....................................................................5
2.3 Examining the general features of agency and distinguishing between the different types of agents:. . .6
2.4 Analyze the rights and duties of an agent for the assistance of Ben:.......................................................7
Task 3.............................................................................................................................................................8
3.1 Explanation and analysis about the monopolies and anti-competitive practice legislation in the UK:...8
3.2 The part of Competition Commission in consideration to the monopolies and anti-competitive
practices concerning UK office of fair-trading:.............................................................................................9
3.3 Dominant positions within the EU common market:..............................................................................9
3.4 Exemptions will make to potentially anti-competitive practices concerning EU law:..........................10
Task 4...........................................................................................................................................................10
4.1Identify and examining the different forms of intellectual property rights:...........................................10
4.2 Policies relating to the protection of inventions through patent rights and legal rules preventing their
infringement:................................................................................................................................................10
4.3 Policies that connects to copyright protection and the legal rules preventing their infringement:........11
4.4 Contrast the protection of trademarks and business names with practical examples:...........................11
Ending note:.................................................................................................................................................12
Reference list:..............................................................................................................................................13
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Introductory note:
The set of business policy can be considered to employ with certain rules and regulations. In this
case study, the study evolves out with the process that for the purpose of business different
criteria need to consider from the buyer as well as the seller (Villa-Real, 2014). Both are the
important part of the business process and both put a strong influence on the business. The
customer has some authority when the individual is buying any product and on the other hand the
seller can judge the entire process with consideration to the business protection and keeping in
mind the need to meet customer demand. Furthermore, the business need to look up to the
proprietors who wants to start a business by his name and registered with certain rules to serve
the best value to the customers from the service offerings.
Task 1
1.1 Examining Ben on the legal rules of imposed terms in accordance to the
sale of goods:
Ben had bought a car but that car did not go any faster, it becomes so slow after the first
weekend. The car engine gone slowdown and it did not go faster. One point of time the car came
to a standstill and it will not move until and unless, the engine gets cool down from heating. Ben
rushed to the service center and get to know that the car has two owners and also the speed of the
car has blocked at 18,500 miles and do not go far away from that. Now the problem occurs that
Ben wants to return the car but they refused to take it back. They have a strong point that
according to the clause 9 of the Terms and conditions that the authority is not responsible for
anything happen to the car but the buyers can check each clause before buying it. In the
agreement of the disposal of goods and supply of services, the fundamental allocation are
imposed by the legislation process and the seller provides guarantee about the protection of the
car up to a certain point of time but after that time they are not responsible for that thing. The Act
for Consumers 2015 established on 1st Oct 2015 and many of the provisions contained in the Sale
of Goods Act 1979. Private sales and business to business transactions. The disposal of Goods
and Services Act 1982 provides the vision that the consumer need to look up to the terms and
conditions during the purchase of goods and then the consumer needs to purchase the same and
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after taking the goods the authority will not be responsible for anything (Spinelli and Goldblatt,
2014).
1.2 The statutory provisions on the transfer of property and procession for
Ben:
Ben wants to change the car but he is not permitted to as the terms and conditions of the car
company will not accept that situation as they have already prescribed their policy to the
customer. Ben can check up certain things about the product that includes-
Section 13 law:
This type of legislation applies on the product that is purchased on taken by the byer and that
good needs to have a proper description. If the description is not provided clearly then during
any damage the buyer can charge and claim the damages (Hynesand Walt, 2013). In this case
Ben can charge for the same as the description for the terms and conditions are not clear and
concise about the car.
Section 14:
The car that has sold to the customer need to be satisfactory quality and fit. In any case if it’s not
fit then the customer can make claim for the loss of the product. Ben can take help of this law.
Section 16:
The car has two holders so the ownership of the car will shift from one person to another if it is
determined.
Section 17:
The process is very much necessary that the goods need to be determined and particular but the
authority process will only shift if the customers have the intension or wish to passing.
1.3 Assessment of the statutory provisions on buyer and seller precautions in
sale of goods contracts:
Ben is facing problem regarding the car he has owned and now the authority is not taking any
responsibility regarding it. The Sale of Goods Act, that is founded on 1930 and was enacted in
consideration to the sale of goods both for the buyer and the seller remedies. The contact and the
legislation of the seller unto the buyer and the buyer unto the seller has implied in this process
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(Zhang, H., 2014). In the legislation process the section 55 and 56 concentrate on seller’s
remedies against the buyer and also incorporate the seller to either sue for price of the goods or
the buyer can ask for damages for non-performance of the contact. In the legislation the section
of 57, 58 and 59 concentrate on the remedies available to the buyer against the seller in the entire
criteria and the buyer can seek damages for damages for breach of warranty, moreover the
specific performance of the contract. Finally sections 60 and 61 have put a stress to those special
situation where a remedy for breach is obtainable to both the parties that is the buyer and the
seller. Seller’s remedies for buyer broadly divided into two sections one is suit for price and
another one is damages for non-acceptance (Steckmanet al. 2014). The suit for price law has
describe the sale of the goods has shift to the buyer and the buyer wrongfully deny to pay for the
goods in accordance to the terms and conditions, the seller can sue the buyer for the price of the
goods. The legislation process 73 and 74 propose that when a contact has been shattered, the
party who affected by the breach is entitled to receive from another party who has shattred the
contract and need to provide the compensation for the same.
1.4 The product liability legal rules and statutory provisions for faulty goods:
Liability of products broadly refers to the manufacturers who have civil liability, supplies and
other who are involved in the business criteria and this process can get used during any product
damage and detective products detection. The ‘product safety’ process get distinguished from
and the separate regulatory regime imposing criminal penalties for this kind of unsafe and
defective products. To serve the best value of the products to the customers the both regimes
have consumer protection. The product liability law has comprises of fault-based liability,
contractual liability and statutory strict liability (Daughetyand Reinganum, 2014). These
legislation procedure operates through depending on the facts of case, incorporating one two
three can be employed by a claimant in a try to recover compensation for loss. The customer
protection regulation has largely associated with the product liability and it plays an essential
role in ensuring that the retailers are selling the products that meets perfectly the requirement of
the customers without any deceptive practice (Yang and Silverman, 2014). This law mainly
focuses on the rehabilitation of economic loss. The purchase price need to diminish from the
value of the product (Catulloet al. 2015). It romps over the product liability role where the
damages of the product are awarded for consequential loss. Ben can charge for this same the car
does not last long as the product liability law ensures the factor that the consumer can charge for
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the thing. The product liability will look up to the law and rules concerning who is responsible
for the entire thing and then the responsible party need to take that authority to solve the problem
and help the other party. In this case Ben also can ask for the same support as the product failed
to serve the actual value of itself as expected.
Task 2
2.1 Distinguishing between two types of credit agreements, which Ben as a
consumer can utilize:
The credit agreement is the process whereby the use of contract that is legal in that a bank
exhibits to provide loan to the customer that mentions handful amount of money that inculcate
with specified amount of time. The credit bond is the process of time consuming, detailed and
lengthy that presents the terms and conditions. The credit agreements can be differentiated in
eight points but the most important two are what Ben can use to get himself out from the entire
situation includes, i) Instalment agreements:
The instalment agreements accord by the IRS in which outstanding taxes need to paid over a five
year period for the benefit of equal monthly installments and in addition of the interest on the
balance owed. The financial circumstances are highly considered in this fact as the tax payer’s
ability to pay for it comes under consideration. Ben can take this decision like he can take the
instalments agreement and by the help of this legislation process he can recover the current
situation he is stuck into. As it is an internal revenue service so Ben can pay the tax debt in
monthly basis of payment structure (Johanson and Mattsson, 2015). The procedure Ben needs to
follow for the installment agreement incorporates, he has to file all minimum required tax
returns. He needs to identify the maximum amount that he can pay on the monthly basis structure
to settle the debts. Ben needs to keep a future check for the refund procedure that will apply for
tax refunds till the tax debts are paid in full amount. He has to check on the other sources that
associates loans, credit cards and others to settle tax debt to keep the minimum cost for the car.
ii) Unsecured money loans:
The consolidation for the credit card debt with high interest rate is the process for unsecured
money loans. Ben is in serious problem and the structure for unsecured money loans allow him
to borrow money for anything (Otto, 2014). Ben will definitely get benefited from this process.
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He does not need to put collateral against unsecured personal loans and the most efficient policy
and the best convenient for this policy is the fixed monthly payments.
2.2 Termination rights, legal rules and default notices for Ben:
Ben can face various problems in near future in paying the debts as required by the bond. Debt
collection, being a long process of work and in this case the process is more complex. The
termination rights and default notices will be applied to Ben’s case. In this case, the tertiary
debt collection will be applied and with the legislation, the debt collectors will take information
from Ben and later will speak to the company from where Ben had bought the car. The collection
company cannot cater any details on the debt to anyone who is not the debtor and in such a case
Ben is the responsible person here who will get this opportunity (Kane, 2014). Debt collector
will take out the history of the entire matter in relation to the purchase and selling of product and
along with the entire data about the company and the terms and conditions also check. In this
case it is very much possible that the company has hide something so the information need to
take out according to the company policy(Honget al. 2014). In this process, the car selling
company has owed money by the buyer, the buyer may withhold the last paycheck. However, the
company need to use the third party debt collection service or in-house debt collection service to
recover the remaining amount owned (Ben-David, 2016). The company can also use lawsuit
option if collection efforts against the buyer fails as the company has the legal rights to pursue
debts if from the buyer the entire matter get terminated (Bertolini, 2013).
2.3 Examining the general features of agency and distinguishing between the
different types of agents:
The agency played an important role in this criteria as the agency relations are very essential
here. In this case the principal is connected to the agents and the agent is connected to the third
party. There are five types of agents that includes general agents, special agent, agency coupled
with an interest, subagent, and servant (Wallace, 2016). The general types of agency captured the
authority to carry out a broad range of operational process in the name and on behalf of the
principle. The purchasing agent has authorized to sign up customers for the main construct. The
general agent also has the authority to alter the principal’s legal relationship with third parties.
The general agent who is designated in the main authority need to act in a way required by the
principal’s business. For the restriction of the general agent’s authority, the principal needs to
talk about the limitations explicitly (Omer-Salimet al. 2014). The special agent is the one who
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has the authority to act only in the specially designed instance. A special agent get hired to check
out a buyer for the principal’s any property. An agent whose reimbursement largely responsible
for the authority the agent has then it can called agency coupled with an interest. The author’s
agent customarily can agrees to sell out a literary work to a publisher in return the person will
earn money from the sale of the product. The subagent is the responsible person who carry out
the duties that he is assigned to and in the entire procedure he engages his own agents and often
these appointments may or may not be authorized by the principal (Andersenet al. 2016). This
type of agent can assess in the business and can associate with the general agent and later can
implied the authority of the principal to hire them in the business procedures. Servant is the final
and last kind of agent. Employee’s work are subject to an employer’s jurisdiction was called a
servant and this type of agent mainly get to know in the early nineteenth century. The servant is
controlled by the head agent and they listen and perform task according to their master.
2.4 Analyze the rights and duties of an agent for the assistance of Ben:
The agents have many responsibilities in the business process. The rights of agents can include
various methods and y this process Ben can help himself out from any situation as he will
become his own agent and tackle the entire situation. The responsibilities of the agents’ are-
i) Stoppage in transit:
When the agent is personally liable, then he can able to take his own decisions and he has all the
rights to stop the goods in transit (Giesbrechtet al. 2017).
ii) Right to claim remunerations:
As per the legislation terms and condition in accordance to contract of the agency agent has the
rights to claim remunerations.
iii) Right to retainer:
The agent has the full right to deduct the amount which is due to him by principal. The actual
amount of the money is payable to the principal (Mülleret al. 2014).
iv) Right to lien:
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The agent can easily exercise right of lien if the contact is not specified and the lien can be
particular or the general lien the main prospect will be the same. Mutual understanding can help
the process to get into the nature of lien process (De Silva, 2017).
The duties of the agent are-
i) The secret profile maintained is for the agent. The agents need to be very much open and vocal
about each steps he follows or will follow in future.
ii) They are the responsible person for safe guard property of principal.
iii) Maintenance of the appropriate accounting records will help them to take out all the
information in future and by the help of that they can take any decisions.
iv) Agent need not to carry on delegation in the business process.
Task 3
3.1 Explanation and analysis about the monopolies and anti-competitive
practice legislation in the UK:
In the competitive market place the companies are striving to get the attention of the customers
and under the competition act, an anti-competitive practice can be justified by the effect of
restricting, distorting or preventing competition. With the help of the competition act the
monopoly provisions get replicated and later it allows the investigation for the specific conduct
of an individual firm or group of firms (Glynoset al. 2014). It does not allow the general
investigation process. The anti-competitive process conjecture to the Director General who can
call an initial formal enquiry. If he finds that the suspensions are assured then he can either
obtain binding undertakings and the practice will give it a pause. The future investigation will
continue to determine whether the process is anti-competitive or taken out with the help of public
interest. Anti-competitive factor is the most crucial thing in the entire business process. The
modern view of the legislation process regarding monopolies and anti-competitive state in UK
recognizes and merges need to be judged on various cases and also incorporates public interest.
The modern commence towards the monopolies has a strong effect on the economics of scale.
Innovation, dynamic efficiency and the export earnings are all fall in the places for monopolistic
process of economy (Li et al. 2016). The Competition Act in UK that is announced on 1998 has
put an insight on the formations and entire operations of cartels. Then it also affirm on the
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abolishment process of abuse of a firm’s dominant position on a local or national level. They
have a strong effect on fixing price, fixing number of business that operates in the market area
along with that it broadly views on the curving up the market area that means if one firm agrees
to divaricate the market and not complete in the different sectors of the market.
3.2 The part of Competition Commission in consideration to the monopolies
and anti-competitive practices concerning UK office of fair-trading:
The Competition Commission has an effective and essential responsibility to increase the merger
with the help of the public interest. There are certain factors that influence and affect the
Competition Commission that includes, market share of new firm will come under consideration,
the local monopolistic business, economics of scale in the industry and most necessary thing to
keep in tract of the economy is finding the importance of research and development procedure
(Bhogaland Jago, 2016). Competition Commissions has connected to the supermarkets and this
process has investigated that the firms has too much monopolistic power or not. The process of
anti-competitive and the cartel activity incorporates bid-ridding and market sharing along with
that it also reflects on the process of price-fixing (van Kranenburgand Ross, 2014). Basically this
Competition Commission has put a forth to promote competition in the market so the marketers
able to access the economy very clearly and in addition with time, they will get to know about
the market condition in regards to the price and availability of goods.
3.3 Dominant positions within the EU common market:
The dominant position of the firms within the EU common market has the ability to behave
independently with its competitors, suppliers and the end users. The dominant position market
has the power to operate the business with extra power and authority (Donnelly, 2014). The
firms has the ability to set up the market price and they are the one who finalizes the processing
above the competitive market to sell products of an inferior quality or sometimes the firm can
reduce the rate of its innovation below the level that would exist in a competitive market. Under
the legislations criteria of EU to hold a dominant position in the market is not illegal as the
dominant position need to be obtained by the legitimate means of competition in reference to the
selling of goods or products and inventing new products in the marketplace (Goldthauand Sitter,
2014). Many principals has strengthen the rule that differs from the merged entities of a firm by
considering the dominant positions by merger. The rule also focuses on the notion of economic
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links by bridging the relationship of interdependence that exists between the firm and the other
parties.
3.4 Exemptions will make to potentially anti-competitive practices concerning
EU law:
The potentiality of the anti-competitive law has exaggerated the factors related to the
arrangements such as specialization and rationalizations regarding the agreements and during the
development of the products all the criteria need to follow (Sung and Park, 2015). Exemptions
has a broader aspect in the economic term in accordance to the industrial reference, whereas
expectations tend to be more narrowly focused and many times it get determined by the case to
case basis to the entire process get covered. The exemptions and expectations filled and
contained in competition law for different jurisdictions (Killian, 2014). The underlying rationale
for having exemptions directly effects on the competition law and policy. The economic
engagement captures the best practices in commercial economic activity in application of the
exemptions and expectations are granted for social, economic and political reasons.
Task 4
4.1Identify and examining the different forms of intellectual property rights:
Intellectual property rights comprises of inventions, literary and artistic works, symbols, names
and images that basically get utilize in commerce (Ganset al. 2017). Intellectual property further
divided into two sections one is industrial property and another one is copyright. The industrial
property incorporates patents for inventions, industrial design and trade mark etc. On the other
hand copyright covers novels, poems and that is more of an artistic works. Intellectual property
rights can broadly defined in the section for property rights (Griffith et al. 2014). The promotion
for intellectual property rights in the society is very much essential because it helps in the
progress and well-being of humanity on its capacity to create and invent new works with concern
to the area of culture and technology.
4.2 Policies relating to the protection of inventions through patent rights and
legal rules preventing their infringement:
Patent right is a monopoly right accord by a national or regional patent office for the society,
implemented to an inventor who has created something new, useful and non-obvious; that is an
innovation in the pharmaceutical sector that a new technology used in computer hardware (Royet
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al. 2015). Obtaining a patent to cover an invention or new technology enables its creator to
prevent others from using, selling, manufacturing or otherwise copying the innovation without
permission for a limited period generally 20 years of time period that mainly get connected with
the business process. It is subject to the payment of maintenance fees of the business. In return,
the patent owner discloses details of the innovation behind the invention as part of the patent
application of that following process, thereby keeping with the technology infuse into the public
domain where it can be used freely once the patent expires then the procedure cannot get
completed (Côtéet al. 2014).
4.3 Policies that connects to copyright protection and the legal rules
preventing their infringement:
The copyright protection of law related to few directions that coordinate to considering the law,
original scope of copyright, expanded scope of copyright, test to determine copyright, no mark or
registration necessary. Public domain works, in case of no exception seeking permission is the
only way, and most importantly the imbedded penalties used in the most important way for the
protection of copyright issues (Depoorter, 2016). The authorship for the copyright act ensures
certain things in regard to the copyright work that incorporates display or perform the work
publically, create and innovate some of the derivative works and distribute the work. The process
need not influence negatively to the copyright work as the authorized person or the owner has the
appropriate license that defines, copying all or of a significant portion of the authorized work is
unfair and illegal (Leeet al. 2014). If any copyright infringement occurs then the court has the
valid reason to take action for the same thing.
4.4 Contrast the protection of trademarks and business names with practical
examples:
A trademark can get operate for the protection of any particular brand name and can also be
associated with the trade. A trademark can also take care of company’s symbols, logos and
slogans for ensuring the specific business purpose (Marie‐Vivienet al. 2014). The name of the
business, is one of most essential business procession , so it’s worth protecting. The business
name and brand value increased later with the association of brand value. An important cause to
distinguish between trade names and trademarks is that if a business starts to use its trade name
to identify products and services, it could be perceived that the trade name. The trade name is
now functioning as a trademark, which could potentially infringe on existing trademarks for the
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particular business and state that the business is unique from the other competitors business
(Fooks, G. and Gilmore, 2014).
The business names with trademark are- IKEA, Walmart, and TESCO.
Ending note:
From this above case study it is very clear that the customer are the key ingredient for the
business and the authorized person need to consider this value of the customers and also provides
a business professional image to the customer will locate the business to the top most priority of
the customers mind. During the business process the intellectual property rights, legal rights of
the customers and price related legislation policy get followed.
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