Business Law Report: Analysis of Legal Rules and Regulations

This report provides a detailed analysis of various aspects of business law. It begins with an examination of legal rules concerning implied terms in the supply of goods and services, statutory provisions on the transfer of property and possession, and remedies for buyers and sellers in sale of goods contracts, including product liability. The report then delves into credit agreements, exploring different types and legal rules on termination rights and default notices. It also covers the features of agency, different types of agents, and their rights and duties. The report further analyzes monopolies, anti-competitive practices, and the role of the Competition Commission in the UK, as well as dominant positions within the EU common market and related exemptions. Finally, it examines different forms of intellectual property rights, the principles relating to the protection of inventions and copyrights, and the protection of trademarks and business names. The report uses case studies and statutory provisions to illustrate the application of these laws.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................3
TASK 1............................................................................................................................................3
1.1 Analysis on legal rules in implied terms related to the supply of goods and services.........3
1.2 Statutory provisions on the transfer of property and possession...........................................4
1.3 Statutory provision related to buyer and seller remedies in sale of goods contracts.............4
1.4 Product liability legal rules and statutory provisions for faulty goods..................................5
TASK 2 ...........................................................................................................................................6
2.1 Distinguish between sort of credit agreements......................................................................6
2.2 Legal rules on termination rights and default notices............................................................6
2.3 General features of Agency and differentiate between the different types of agents............7
2.4 Rights and duties of an agent.................................................................................................8
TASK 3............................................................................................................................................8
3.1 Monopolies and anti-competitive practice legislation in the UK..........................................8
3.2 Role of the Competition Commission...................................................................................9
3.3 Dominant positions within the EU common market.............................................................9
3.4 Instances when EU exempted potentially anti-competitive................................................10
practices....................................................................................................................................10
TASK 4 .........................................................................................................................................10
4.1 Different forms of intellectual property rights.....................................................................10
4.2 Principles relating to the protection of inventions...............................................................11
4.3 Principles relating to copyright protection and the legal rules preventing their..................12
infringement..............................................................................................................................12
4.4 Compare and contrast the protection of trademarks and business names giving practical
examples ...................................................................................................................................12
CONCLUSION..............................................................................................................................13
REFERENCES..............................................................................................................................14
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INTRODUCTION
Business laws refers to incorporated to bring ethical and legal aspects of company with
different types of elements (Policy Area, Business and enterprise. 2017) It also refers to different
types of regulatory frame work which apply on business firm. With the helps of such lawful
practices organization can make their business more ethical and attracts more customers in their
business. BL ensure that company and individuals conduct all its operations as per the law so
consumer get protected through this. The present report make analysis on different aspects of
business laws and their implication. It makes Analysis on legal rules which implied to the supply
of goods and service Act and Statutory provisions on the transfer of property (Akintoye,
Renukappa and Lal, 2012). Along with this it makes analysis of credit agreements and types of
agency. Furthermore, this report also make analysis on Monopolies and anti-competitive practice
legislation in the UK. At last it gives detail information related to intellectual property rights.
TASK 1
1.1 Analysis on legal rules in implied terms related to the supply of goods and services
By evaluating the case it has been sassed that Ben aim is to purchase car through the car
dealer's magazine. In the Magazine, it shown case the detailed description about the car which
is second hand car. When Ben visited showroom, at that time he paid £150 to show his
seriousness about the car. When the care arrived at that time Ben took a test drive and decided to
purchase it immediately (Bekkers, Duysters and Verspagen, 2012). Later when Ben took his
family for the drive he found that car engine was heating up and demands for regular cooling
down. Then, he came to know that the car was posses by two owner instead of one and the
second car owner used it as cab- taxi. After that, various rejection made upon the sales return and
thus as per the exclusion clause within terms and conditions linked with sales.
As according to, Sales of Goods Act, 1979 following are the implied terms in section 12-15.
 According to the section 12: As per this section seller need to require possess on the
products or services in relation to transfer to ownership.
 According to the section 13: Detailed information of products needs to presented and
actual quality of products should be produce, but for these products should be in
qualitative nature.
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 According to section 14: product quality should be in such a nature that it accepts by
other and it should not be in faulty nature.
 According to the section 15 : it assesses that quality of product requires testing drive
which was not portrayed as per the same condition.
By making evaluation of the above case it has been assessed that legal obligation of parties
required to asses that exclusion clause is not applied on this. So Ben has right of claim damages
for products which he had purchased (Boldrin and Levine, 2012).
1.2 Statutory provisions on the transfer of property and possession
As according to the business law there are two types of goods specific and unspecified
goods. Specified goods is that in which clear description about the products has been mentioned.
In the above case Ben has offered detail as well as clear knowledge regrading to the products so
as per the law it is specified goods. As per this unspecified product, is that in which seller does
not provide clear information about the products (Bowyer, 2016). By assessing above case is
found that following are obligations are which made as per the Transfer of property Act, 1882.
 Sales should be made as per the Transfer of property Act, 1882.
 Seller sales only that product when he had title of products.
 The legal right are needed to be transferred to the buyer in relation with the product
 The sales of products should be made according to the mutual interest of the both parties
which are involved in transaction.
As per the given, scenario the obligation of this case are made by the both parties with
effectiveness. In contrast to this exclusion clause was not as per the statutory obligations that
relates with Transfer of the property Act 1882.
1.3 Statutory provision related to buyer and seller remedies in sale of goods contracts
At the time of making any type of contract which is related to the sales of goods Act, the
buyer and seller both have some legal rights. With the helps of this legal rights they can protect
itself from the all legal problems. Under the situation of non performance different types of
consequences has to be faced (Campbell and Boothby, 2016)
Remedies for buyers
 In order to make claim on the Goods buyer have to possess the entitlement of product so
he can claim against the repair and damages which he made to carrying out and
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transferring of products which are defective in nature. In the present case Ben has full
right to claim against the fuel, repair and other charges which he made against the cab.
 For the seller it is important that product which he is going to sell is in good and
performing conditions (Cornish, 2012). If the product is not in performing condition then
it should be replaced or has to be refunded. In the above case the car is not performing
well so refunded should be carried out.
Remedies for sellers
A seller can claim in relation to the claim towards full/ agreed product prices in terms of
consideration. In the given situation the car dealer holds liability towards making claim of
£10,000 which is second hand in nature.
1.4 Product liability legal rules and statutory provisions for faulty goods
Consumer protection Act, has identified those liabilities which are attached with the
statutory in relation with goods which possess defects. As per this law the consumer had full
right to make claim any kind of defects products which received as the contract. It also includes
that if any kind of harm is arises in order to selling products then seller have liabilities pay all the
claims (Dimatteo, 2016) As assessing the above reports, following are the Product liability has
been presented.
The Buyer has evidence to buy products if any type of defective is occurs. In the above
case the Ben can prove his means by disclosing the actual situation of engine and problems
which are faced by his family during starting of car. For the Ben it is essential to disclose all the
charges which is paid for the maintaining his car and experienced which are misconduct on part
related with plaintiff (Dimatteo, 2016) In the present situation quality of products does not match
with the products' description so the buyer has full right to claim amount of the faulty products.
Along with this Ben been to be prove that defects is being attached within products when he
buys the products and defects is not made by him.
TASK 2
2.1 Distinguish between sort of credit agreements
For buying the product through by using credit, Ben need to consider different types of
credit agreements which may effects its purchasing decisions. Following are credit agreement
which Ben can use in order to purchase of car.
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Loan from bank
As per the condition of bank, it assists to that if any individual want to money the can
take from the bank (Eberlein, Abbott and Wood, 2014). I this bank give lump sum amount to
individual as per his requirement and after some time individual have to pay the loan amount
with interest which are set by the bank. I the given situation Ben can borrowed amount of
money from bank in consideration he has to make some security or any kind of valuable items.
Ben has to pay amount with interest on the periodic basis and terms are set as per by bank.
Credit sales
Under this method goods and services along with ownership both transferred to buyer
during making ant kind of sells (Eberlein, Abbott, and Wood, 2014) Under this method all terms
and conditions are set by the seller and seller also have power to terminate contracts if buyer
make any types of mistake or delay in payment. Ben can also adopt this method so he can
purchase the Car from the dealer.
Hire purchase
In this method the company make agreements in which they buyer has the ownership of
good and services for the time-period (Geuna and Rossi, 2011). Under this method the Ben can
use this method and along with this they can have to pay interest to the enterprises. In many
business organization use this method for adopted purchase the machinery and business
equipment.
2.2 Legal rules on termination rights and default notices
In order to make any types of agreements in goods and services act buyer has to follow
some rules and regulations. In this seller have full right to make terminating contract if any types
of mistake conducted by the buyers (Geuna and Rossi, 2011) As per the given situation, the Ben
has purchase the car on credit but the same time he had faced many issues which are related to he
credits payments. Thus, he desires to terminate the contract (Gillies, 2014). As per the
guidelines provided by the consumer act, sec 77 consumer have right to get copy of agreements
in which all financial detailed has to be mentioned and contained each and every information
which are related to credit agreements.
It is considered as the best option in order to take protection from fraud. It is fair mode of
development under which each and every information should be provided in transparent manner
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in between both parties. So as per the above case, Ben has full right to claim on the agreements
(Goldman, 2013). Along with this section 87 of the similar act stated that seller have to send
notice of terminating of contacts to buyer and customers also have right to terminating contract if
any types of issues has been raised among both the parties.
2.3 General features of Agency and differentiate between the different types of agents
Agent is that person who make contract on the behalf of some other person of
organization in order to achieve some targets. On the other hand agency is process which
contract take place in between agent and individuals (Koutsias and Willett, 2012) For performing
function of agency there are some rules which need to be considered for the both parties in order
to develop contracts. Following are main features of agency.
 Before making any kind of contract it is important to take permission from the Principle
agent because he has right to take any kind of decision regrading to contract so
permission is important.
 Another rule of agency is that agent should act loyal and have to follow all the types of
rules and regulation of company in which he/ she acts as agent. In this agent should be
loyal towards company and along with they have to provide the best contribution so they
can easily achieve their business goals (Gillies, 2014)
Given below kind of agents which are very important for the company.
Factor
This type of agents are mostly use by the finance company. This type of agents collects
money or recovering the debts which they have to pay organization from where they borrow the
amount (Murray, 2013)
Bank
Bank acts as agent on the behalf of their customers and provides all types different types
of facilities of credit.
Auctioneer
This type of individuals become agents for the person who are owner of intellectual
property. This type of agent have full right on owner 's property and they have full rights to sales
their owner's property in public (Akintoye, Renukappa and Lal, 2012).
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2.4 Rights and duties of an agent
Agent is that person who make contract on the behalf of some other person of
organization in order to achieve some targets. Agent holds many types of right and duties for the
organization or person to whom they are working. Given below are the duties and rights if agent.
Rights
Agent has full right to recover the amount. As given in situation, it is clearly stated that
Ben have right to recover amount of car and among with these documents is also stated that he
has rights to claim amount of car sold (Oladokun and Aluko, 2014). Along with this agent has
also right to ask for payment for services to customers who are engaging in the transactions.
Duties
Duties of agent is that he has to carry all responsibility towards the organization for who
he working and also have duties to give guidance to customers who consuming product or
services. It is the duties of agents to conduct ethical operations and make different types of
contracts with customers (Goldman, 2013) Agent need to mentioned each and every information
regrading to the products or service to its customers so fair transaction is made.
TASK 3
Presentation
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Essay
3.1 Monopolies and anti-competitive practice legislation in the UK
In UK there are different types of anti-competitive legislation which apply on the
business organization. In order to prevent the consumer rights and their interest this legislation is
very important. Following are the legislation which apply on UK's organization (Palmer, 2014).
Enterprise act 2002
These laws are related to the mergers and insolvency and bankruptcy. These laws limit
mergers of two companies through which they can control over the market (About Us 2017) It is
also made sure that the organization is also possessed insufficient political impact with effective
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