Business Law Report: Analysis of Sales, Credit, Agency, and IPR

This business law report provides a comprehensive analysis of several key areas within business law. It begins by examining the legal rules of implied terms in the sale of goods and services, statutory provisions on the transfer of property and possession, and buyer and seller remedies. The report then explores product liability and faulty goods, followed by a discussion of different types of credit agreements, termination rights, and default notices. Agency features and the rights and duties of an agent are also analyzed. The report further delves into monopolies, anti-competitive practices, and the role of the competitive commission. Finally, it covers intellectual property rights, including the protection of inventions, copyright, and trademarks. The report uses a case study of a car purchase to illustrate the application of these laws and provides legal advice based on the presented scenarios.

Business Law

Table of Contents
INTRODUCTION ..........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Analyse and advice legal rules of implied terms relating to sale of good and service supply
.....................................................................................................................................................1
1.2 Analyse and advice statutory provision on transfer of property and possession..................2
1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods
contracts......................................................................................................................................3
1.4 Analyse and advice on product liability legal rules and statutory provisions for faulty
goods...........................................................................................................................................3
TASK 2............................................................................................................................................4
2.1 Differentiate between type of credit agreements..................................................................4
2.2 Analyse the legal rules on termination rights and default notices........................................5
2.3 Features of agency and difference between various types of agents.....................................6
2.4 Evaluate the rights and duties of an agent.............................................................................7
TASK 3............................................................................................................................................8
3.1 Explain the monopolies and anti competitive practice legislation........................................8
3.2 Evaluate the role of competitive commission.......................................................................8
3.3 Dominant position with EU common market.......................................................................8
3.4 Exemption made to potential anti-competitive practices......................................................9
TASK 4............................................................................................................................................9
4.1 Identification of different intellectual property rights...........................................................9
4.2 Principles relating to the protection of inventions from infringement................................10
4.3 Principles relating to copyright protection and the legal rules preventing their infringement
...................................................................................................................................................10
4.4 Compare and contrast the protection of trademark.............................................................11
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12
.......................................................................................................................................................12

INTRODUCTION
Laws are the essential portion or legal regulations which frame by an statutory bodies to
conduct all activities in an appropriate manner. In simple terms, law are the several rules and
regulations which have to follow by every individual so that whole work are getting done
properly. Business laws encompasses all rules and statues which enable an entity to operate their
working properly (Dunning, 2014). This consider all process which is start to running a business
to end of its composition. These laws should have to follow by every owner and entrepreneur
before commencing their entity. For this present report, a case study is evaluated in which a
person whose name is Ben purchase a car which was damage and he sign a clause under which
the seller do not have any obligation for sort of damage. Thus, as a legal advisor advice will be
provided to Ben to keep focus on this matter. For this present assessment various laws are going
to be discussed in this assignment which are sales of good act, competition act, law of agency
and intellectual property right.
TASK 1
1.1 Analyse and advice legal rules of implied terms relating to sale of good and service supply
Sale of goods act and supply of services are the two best laws which are implied on the
seller to offer and deliver best quality products to their ultimate consumer. As per the sale of
goods act, 1979 binds the two person with each other with adequate exchange take place. It
enable in binding the relation between two parties who want to facilitate an activity of buying
and selling. The sale contract signifies that transfer of property of a thing get done by a means of
source which is money, price or value of that particular thing (Carney, Shepherd and Bailey,
2012).
Supply of service act replaced with the Consumer protection act 2015 which facilitates a
right to a person to file a case against in any kind of misbehaviour from the side of seller. Thus,
both the act are helpful in making experience of buyer more appropriate which are related with
purchasing of goods and taking its services.
If user feel any sort of inconvenience and misbehaviour then they have a right to sue
against such type of activity. According to present market context, in which buyer is consider as
“King of the Market” not seller.
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Ben purchase a car from a dealer with a utmost good faith on him. According to dealer he
is the only owner of car and car driven with only about 18500 miles. But when Ben taking his
family on a trip he found that engine of car was blocked and after more investigation another
major thing get determine which that car has two owner on the place of one so he wants to return
the car to dealer. But dealer refuse to accept it and provide a reference of Clause 9 which states
that “We accept no responsibility what so ever for the description we have given about the cars
and the quality of
the cars. Buyers are responsible for making their own independent checks before buying.”
According to consumer protection act, 2015, user have a right to get good quality
products and services and in case of any problem buyer have a right to file case against them.
Thus, Ben can use this provision and file case against the dealer (Bruschi and et. al., 2012).
1.2 Analyse and advice statutory provision on transfer of property and possession
Whenever activity of exchange took place, transfer of property and possession for goods
also get changed. It get done once the payment for product has been made and seller transfer all
of its risk to the buyer. But it is a duty of seller to deliver quality based goods and services and
increase satisfaction level of an individual. According to section 18 “ Transfer of ownership
could not take place unless or until they get ascertain by one another”. Thus all sections have to
be follow in an appropriate manner so that intention of both parties get fulfil. Following are
several major points which have to consider at the time of transfer of property and possession:
 Goods and services should have to be in deliverable state and position and have to met
with all requirement of buyer as well by satisfying from it.
 Intension should be clear from the side of both parties which makes the relationship
between each other more appropriate (Bonadio, 2011).
 Product or services should be specific in nature and have some value as well.
Ben purchase car from a dealer and his intension become clear by paying 150 pound in advance.
Thus, now it is a duty of dealer to tell all about the property to Ben so that he can make his
decision more adequate in nature. Hence, satisfaction of Ben do not get fulfil and he have a right
to file a case against it.
Case: Nichol v. Godts, 1854, Nichol is seller in this act in which she get failed to met
with all obligations properly. Thus, Godts have a right to file a case against her and take proper
possession on behalf of product and service.
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1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts
For every cause, there is a specific treatment is identify which enable in resolve the issues
and make things better and effective (Bleck and et. al., 2010). Remedies are solution for a
specific issue and various number of remedy are identify in sales of good act, 1979 for both
parties i;e Seller and Buyer.
Legal advisor have to identify various number of remedies which are identify in case of
Ben which are as follow:
Seller remedy
 Action for price: If buyer neglect to pay certain money in consideration for product which
is mentioned in contract, then seller have a right to take action against them.
Under contract of sale, the delivery have to be take place on right time to right
person or in case if buyer neglect to pay consider money then buyer have a right to file a case
along with this, transfer of property will not take place as well. Damage for non acceptance: In case of any refusal to payment by buyer then seller
maintain a case against buyer in relation to non acceptance of goods.
Buyer remedy Damage for non delivery: If seller not deliver the good on time or of their any sort of
natural occurrence took place then in both cases seller is liable. Thus, buyer have a right
to sue against them.
 Specific performance: Goods and services have to be specific in nature and perform
better. In case the product do not met with particular standard then plaintiff have a right
to file a case.
Ben have a right to case against dealer, as car is not meeting with standard quality and wrong
method have been used to deliver it to Ben. Thus, strict actions have to be carried down for this
purpose on the side from Ben.
1.4 Analyse and advice on product liability legal rules and statutory provisions for faulty goods
At the time of framing contract, both parties have to describe all situations properly and
make a utmost good faith on each other. In case if any of the norm get void then it will directly
consider under breach of contract. This is a provision of law for making and formulating an
agreed contract (Bertot, Jaeger and Hansen, 2012).
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Government frame a act for securing the right of consumer which is consumer protection
act, 2015 which replace two major amendments which are: sale of goods act, 1979 and sale of
goods and services act, 1982. Thus, if buyer found several deviations in good delivery then there
are several rights which are associated with it which are:
1. If goods not met with level of satisfaction
2. Fault in product
3. Harm and reflect personal injury
According to case scenario which states that dealer sell out defective and faulty good to Ben
which was realised at the time when Ben went to a family trip. Car was already drive for 18500
miles and have two owner on the place of one. When Ben reach to dealer and tell about condition
and want refund then dealer show him the clause 9 which was sign by Ben.
But according to formulation of contract which signifies that not all conditions are
properly provided by seller to buyer and this is a breach of contract. Thus, plaintiff have a right
to file case against it and make refund and compensation against it (Abdel-Hady and et. al.,
2010).
Case: Crowther v. Shannon Motor Co. Ltd. Court made a fair judgement because seller did
not provide all situations properly to buyer and thus consider under the breach of law. In a
provision this process have a specific position as well.
TASK 2
2.1 Differentiate between type of credit agreements
Credit agreements includes several number of rules and regulation which indicates that if
any sort of non payment get done on later date then party can sue or by sued some else as well.
The law which is set out for this is consumer credit act 1974 and consumer credit regulations
2010. there are various types of credit agreements are identify which are: credit card, cheque,
voucher etc. which facilitate the purchase easy and appropriate (Credit Agreements & Hire
Purchase under consumer law, 2017).
Instalments payment is another form of credit agreement in which the thing remain
unsecured till its final payment. This is a for, of hire purchase in which an individual can use the
product and purchase it once all dues get clear. Various number of credit agreements which Ben
can use as a consumer are as follow:
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 Credit card: It is a type of credit agreement in which interest is charged by the bank. The
person who used card have to pay all the money on time otherwise their property will
going to forfeit by bank or other credit facilitator.
 Hire Purchase: Two parties involvement is essential in hire purchase from where, one of
them pay some amount for using the property. Once the property work get done them
owner have to return whole amount or the buyer can sale it out as well by taking
possession of goods and services (Cerimagic, 2010).
2.2 Analyse the legal rules on termination rights and default notices
When a person purchase something on credit then such activity consider under Consumer
credit act, 1974 and thus such agreement get regulated by the government. Hence, a person have
to pay all of the debts on time as well. If the amount is less than £25,000 then it should be
regulated under the act of 1974. hence, there are three major situations are determine which are
related with this consent and default notice will get issue to the party:
 If any sort of default took place, then creditor can issue a default notice under the section
87.
 Give return notice and pay the remaining amount equivalent to current price of 1/3rd of it.
 Apply for time order under section 129 of 1974 act and take more time for payment.
Once the default notice get issues then right of buyer get terminate and payment become
necessary on the same date which is written otherwise goods have to return at reasonable
condition. This get bind by the section 87(1) of 1974 act in which a person have a right to issue
default notice in case of arrears and payment have to made within 14 days.
If Ben get failed in paying future debts at the time of credit purchase, then dealer have a
right to issue a default notice to Ben within 7 days with a repayment of whole money within 14
days. This will lead to terminate all rights of Ben and it become mandatory to pay amount on
time as well.
Case: Griffiths v. Peter Conway Ltd., 1939, in this case Mrs. Griffiths buy tweed coat but
through this she suffer dermatitis. In this case the skin of Mrs. Griffiths is sensitive so that, seller
is not liable for the same.
2.3 Features of agency and difference between various types of agents
Agency is a relationship between two parties in which one of them is principal and other
one is agent who facilitate and deal about the goods and services on basis of principal party.
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Agency relation arise at such time when principals hire the agent to deal on behalf of them
(Foundations of Business Law and the Legal Environment, 2017).
(Source: Introduction to Agency and types of agent, 2017)
Following are the several features of agency which have to take in account by Ben before
starting a new agency: Parties: There are two parties are identify whose relationship get framed with the help of
agency (Wolfe Jr and Pittenger, 2016). Written agreement: There should be a written agreement by both parties which signed by
them in relation to reduce conflicts and issues between them.
 Legal agreement: Some regulations have to imposed on both of them so that they are not
going to breach contract.
There are various types of agents are identify which facilitate the flow of working between
principal and third party. Ben have to analyse each of them and then identify which agent suits
him so well:
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Illustration 1: Introduction to Agency and types of agent, 2017

Executive agent: These are such kind of personalities who take active participation in planning
process of contract. They enable to their principals to take corrective decisions which are
beneficial in future context.
Communication agent: These agent make the communication process easy between both parties
so that they can exchange information with each other properly.
2.4 Evaluate the rights and duties of an agent
Every agent have several number of rights and duties which are associated with working.
They have to understand them all in an appropriate manner so that whole task get done in an
appropriate manner under the law (Trompenaars and Hampden-Turner, 2011). As an agent Ben
have to understand his rights and duties so that he will going to do all the work in an effective
manner. Although, third party interest is a major task for which all facts and things are associated
and related as well. Following are rights and duties of agent which have to understand by Ben
properly:
 Act on the behalf of principal and make control to the principal.
 Hand over all money to principal which collected on the behalf of that.
 Avoid conflict between two or more parties.
 Act within scope of authority by understanding all things in an appropriate manner.
 Should not carry on the delegation and aware about its duties.
Ben also have to understand all rights properly which are associated with his working as an agent
on behalf of other person. Following are several rights of Ben which have to understand by him
properly:
 Right to retain under which agent have a right to cut down the undue amount from side of
principal.
 Right of stoppage in transit under which if an individual found out that he is become
liable to bear any harm then he/ she have a right to stop it on frequent manner.
 Right to claim remuneration according to agency act.
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TASK 3
3.1 Explain the monopolies and anti competitive practice legislation
Competition in market is an essential element which provides benefit to ultimate
customer of the product by reducing prices and cost of product and goods (Callison and Vestal,
2010). The competition law has two main sources according to treaty of ROME 1957 which:
 Article 81
 Article 82
Monopolies is a serious threat in the market which affect the buyer behaviour of purchasing.
According to law, United Kingdom market where if a firm have more than 25% share then they
are termed as monopolies firm. For removing this thing from market, government imposed
several laws which enable in reducing the competition from market (Deakin, 2011). These
regulations will support in fair trading of market where every user right get protected. Thus, a
major objective behind this fact is to protect the right of consumer and for this competition act,
1999 get framed.
3.2 Evaluate the role of competitive commission
Competition commission is a major regulated body which enable in regulate all
competition of UK market properly. Their work is to identify that all companies are following
the competitive regulation of market or not (Cole and Grossman, 2011). Their work is just to
replace the merger commission and monopolies but not have any right to impose fines and
penalties. They have a power to provide recommendations and suggestion but after enterprise
act, 2002 they become more powerful to to provide decision for such issues which are related
with merger commission and market investigation or many more. The role of competitive
commission in relation to conduct fair trading and avoid monopolies from market are as follow:
 Have to conduct in depth inquiry about merger, markets etc.
 Ensure that a healthy competition in UK market is taking place or not.
3.3 Dominant position with EU common market
Dominant position is signifies as such process in which an individual firm have vast
impact on overall performance of market. It means a firm have substantial power to deal with
specified goods in relevant market in a specified geographical area. The dominant position
contains two major elements which are:
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 A company is single capable to deal with any market situation and stand alone
 A firm is able to control the whole market share and able to distort all other competitors.
According to article 82 which signifies that a dominant company have a power on whole market,
through which they are enough capable to deal with any situation. Along with this, they are
capable to distort every single of their rivalry and gain appropriate market share. Thus, in EU
market many companies are in dominant position which are having more than 25% share of
market. As they are enough to grow and developed for near future course.
3.4 Exemption made to potential anti-competitive practices
According to anti competitive practices in which monopolies of a company is not
appropriate. Thus, but for sometimes, dominant position holding companies are good for
economy of the company (Mason and Stephenson, 2015). This thing get analyse according to
section 102 in which three types of behaviour is identified for this important constant. But it is
not exempted about the law, every firm and individual have to follow all rules and regulations
properly and do not go beyond them as well. Government also support such entities which are
holding dominant position as they are beneficial to future context.
Case : Fenin v Commission, in that case Fenin is the company which engaged in the business of
delivering goods and services in hospital so that other entities file case against it but legal
authorities refused to accept the matter because no other firms are able to do same thing.
TASK 4
4.1 Identification of different intellectual property rights
Every company have their own values, moral and products which have to get secure for a
reason and misuse. Intellectual property right is signifies as the process or laws which regulated
by government in relation to protect right and values of different people and organisation. If a
person harm intellectual property right then it will get sue by one of the party. Every intellectual
property have several rights which are related with it. Copyright: A copyright long last for 70 years in UK, which states that an individual do
not use other person property which have a copyright without their permission (Hiller,
2013).
 Trademark: A logo which is used to represent a company or a product. Trademark is an
essential tool through which they become able to differentiate their firm from other.
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