Business Law Report: UK Sales, Credit, Agency and Competition

This business law report delves into key aspects of commercial law, including sales of goods, credit agreements, agency, competition law, and intellectual property rights, referencing relevant UK legislation. The report analyzes the Sales of Goods Act 1979, outlining implied terms, transfer of property provisions, and remedies available to both buyers and sellers. It further explores various types of credit agreements, legal rules on termination, and the general features of agency, including different types of agents and their rights and duties. The report also examines monopolies, anti-competitive legislation in the UK, the role of the Competition Commission, and the application of exemptions to potentially anti-competitive practices. Finally, it identifies different forms of intellectual property rights, outlining principles for protecting inventions through patents, and copyright protection, comparing and contrasting trademarks and business names with practical examples. The report uses a case study involving a car purchase to illustrate key legal concepts and their application.

BUSINESS LAW

Table of Contents
INTRODUCTION....................................................................................................................................................3
TASK 1.....................................................................................................................................................................3
1.1 Advice to Ben on the implied terms and conditions of sales of goods act..............................................3
1.2 Provision which are affiliated to transfer of property. ...........................................................................4
1.3 Remedies available to buyer and seller...................................................................................................4
1.4 Statutory provision on seller and buyer..................................................................................................5
TASK 2.....................................................................................................................................................................6
2.1 Various types of credit agreements.........................................................................................................6
2.2 Legal rules on termination of rights........................................................................................................6
2.3 General features of agency and different types of agents.......................................................................7
2.4 Rights and duties of agent. .....................................................................................................................7
TASK 3.....................................................................................................................................................................8
3.1 Monopolies and anti competitive legislation in UK...............................................................................8
3.2 Competition commission and UK office of fair trading .......................................................................9
3.3 Dominant position with in the EU market............................................................................................10
3.4 Consider the application of Exemption to potentially anti-competitive practices................................10
TASK 4...................................................................................................................................................................11
4.1 Identify and explain the different forms of intellectual property rights. ..............................................11
4.2 outline the principles relating to the protection of inventions through patent rights and legal rules...12
preventing their infringements...................................................................................................................12
4.3 Describe the 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...13
CONCLUSION......................................................................................................................................................13
REFERENCES.......................................................................................................................................................14

INTRODUCTION
Business law is related with commercial law in which various various types of rules
and regulation are mentioned which are have to fulfil by all the parties. This law consist
contract in which two or more persons are comes in the legal agreement. In the present report
various types of acts are specified such as sales of goods act, competition act, intellectual
property right and creation of agency (Bebchuk and Jackson, 2011). According to sales of
goods act every seller is responsible to provide goods and services on the basis of description
which is delivered by the customers at the time of placing an order for that product. In the
competition act, government framed some regulation for anti competitive practices in which
they restricted overseas companies for entry in UK because they can do so it cause to
improve competition for them which is not beneficial for domestic countries.
TASK 1
1.1 Advice to Ben on the implied terms and conditions of sales of goods act.
On the basis of Sales of goods act 1979, seller have to deliver products and services
according to the description which is provided by the customers at the time of place an order
for that products. According to this act there are two parties named called seller and buyer,
seller is the person deliver goods to the another party which name called buyer. They both are
comes in the contractual relationship (Bishara and Westermann‐Behaylo, 2012). So that, their
agreement must be in the written form and have to sign by both parties.
According the given scenario, Ben is the buyer who purchased an car from car dealer.
He told to Ben that car is only driven 18,500 miles and car has only one owner. After heard
this description buyer get attract toward it and wants to purchase it and give 150 pound in
advance which are non refundable. After making whole payment Ben becomes the owner of
that car. When Ben went with his family he realised that the engine of car is stuck at 18,500
miles and it has two owner (Cantwell, Dunning and Lundan, 2010). When he wants to return
the car to dealer but he refused to accept the car because on the basis of clause 9 customer is
responsible to check description before he buying the products otherwise after that seller is
not responsible for the same.

But according to the Sales of goods act 1979, there is an implied term that seller have
to deliver good quality products and services to their customers. On the basis customer is
liable for file case against dealer.
Section 13- In this section condition to be treated as warranty. In which contract of
sale any condition which are mentioned in the act must be fulfilled by the seller.
Section 14- There is implied undertaking as to title, after transfer the goods and
services to buyer he received a better title of goods (Cantwell, Dunning and Lundan, 2010).
1.2 Provision which are affiliated to transfer of property.
Statutory provisions are related with the different rules and regulation that are
required to be fulfilled by parties to contract which are comes in the contractual relationship.
When buyer purchased any property also gets a rights to possession that property. Which
defines rights of person after purchasing goods buyer can able to sale that or keep it as well.
In the given scenario Ben purchased an car and also get possession on it.
Following are the statutory provision that apply on Ben's case-
Section-16: Goods which is ascertained can be transferred, others not.
Section-17: To transfer a good, party must show their consent, otherwise it can't be
transferred whether it is ascertained.
Section-18:
 Possession of uncompleted goods can't be transferred.
 Required to have measurement before transfer of goods.
Ben has remedy because when car was delivered that time it was not complete and
according to Section 18 possession of such goods can't be transferred.
1.3 Remedies available to buyer and seller.
Sales of goods act define various types rules and regulation which have to be follow
by all the parties which comes in contractual relationship with each other. Also it involves
various types of remedies for both buyers and seller. These remedies are help them to protect
their rights and duties (Colpan and Hikino, 2010). Seller's remedy against buyer is for non
performance of act and refused to payment at the time of delivery for that case seller has a
power to file against buyer in order to receive damages.
Seller's remedy:

Suit for price- On the basis of sales of act buyer is responsible to give amount equal to
the amount which they mutually decided. At the time of delivery of goods and services buyer
refused to pay the payment then seller having a right to file case against him.
Damages for non acceptance- If buyer comes in the contractual relationship then he is
responsible to accept goods which he placed an order. The party who has suffered from the
losses that they have to right to compensate the amount (Colpan and Hikino, 2010). So in this
way, the remedy will be available for the seller for the non acceptance of goods.
Buyers remedies:
Damage for non-delivery – As per contract act, the buyer has right to sue if seller
refuse to deliver the goods if the agreement has been made between them. If the goods has
not been deliver on time and buyer had suffered any losses then he/she can file the suit
against the seller (Sprague and Wells, M.E, 2010).
For breach of warranty – If seller has breach the contract regarding the warranty then
buyer can file suit against them. Generally in this it is difficult for the buyer to get receive the
compensation amount.
1.4 Statutory provision on seller and buyer
Defective goods – These are those goods in buyer or seller find the defective in good
and services (Crane and Matten, 2016). In this the manufacture are responsible for them and
if the applicant wants to suit the file against then they have to prove the following factors:
 They have to present defective goods.
 They have to also prove that defendant is actually liable for the damages.
 If plaintiff has suffered from the losses then it should be properly cleared by the them.
As per the provision of consumer protection act, 1987, it is stated that the plaintiff has
to proved that seller has breach the duty and for them they are actually liable. With the help
of this provision the court has to take an effective decision for finding the defective in
products and services so that buyer can get the remedy for which they deserve (DiMatteo,
2010). If the seller is actually liable then according to this act they buyer will get the
compensation amount. In this act there are another rules and duties which has been framed
for the buyer and seller which have to be fulfilled by them. If anyone of them became guilt
then other party is liable to pay the compensation amount.

In case of Ben, the car was delivered to him which was not complete and seller did
not provide correct information to Mr. Ben. As per the provision of Act, Ben is liable to take
proper remedy in this regard and he has right to compensation.
TASK 2
2.1 Various types of credit agreements
There are different types of credit agreements which has been framed by the
government to protect the interest of individuals. The credit agreements are managed and
controlled by the legislations. These regulations are established for safeguarding the interest
of people (Foss and Knudsen, 2013). The consumer credit act 1794, is amended by the
consumer act 2006. In given scenario, Ben is owner of car who has done many credit
agreements with the dealer and borrowed the amount form organisation and have to pay
interest and principle amount. Ben has made the agreement with the organisation that at a
particular date with mutual consent. The following are different types of credits which had
been used by Ben.
Hire purchase– It is a kind of credit agreement in which customers acquire the
property and possession. After this activity buyer gives money the creditor again. With the
help of this activity customers becomes the owner of that property (Grundfest, 2010). After
that customers becomes the owner he can keep them or else transfer it to another person.
Conditional sale- In this activity customers gets a right to transfer or sale the property
from person to another. Further, it is less favourable with the consumer most of the people
use hire purchase rather then this sale.
Credit sale- In this agreement buyer is able to gets possession and get right to sale the
property to another person. This can be created from the beginning of the contract.
2.2 Legal rules on termination of rights.
Various types of rights are framed in order to protect the rights and duties of people.
These types of legislations are managed by the legislations. There is a act which is able to
protect and safeguarding the the rights of customers which is act name called Consumer
Credit Act, 1974 this act is amended by the consumer act, 2006. on the basis of given
scenario, Ben is the buyer who buying car from the car dealer and get various types of

agreement and borrow from the company (Miller, 2015). But he is able to pay interest with
the principal amount.
There are different situation where party may terminate Credit agreement
Section 94 to 97: Payment can be made by debtor before time.
Section 98 to 101: it is the right of the debtor to terminate, if the product has some defect.
When default is committed by purchaser then creditor may issue notice to buyer.
Creditor has right to terminate.
2.3 General features of agency and different types of agents.
Agency is the contractual terms in which two parties are comes in an agreement name
called agent and principals.
Executive agent would we responsible for the planning level skills involving
the entire group, or subgroups of the agency. This agents are take the responsibility fort he all
planning activities for the group.
Collaborative agents are those agents would be responsible for the independent action
of the business and direct contribution the action involved more than one individual or group
of members.
Contributory agents would be responsible for direct contribution to action where the
action involves only a single individual of the business.
Communications agents would be responsible for managing communications and all
communication tools and techniques (Nichols, 2012).
Service agents would be responsible for providing low level services to individuals or
system components. They provide the many legal services related to the business transactions
2.4 Rights and duties of agent.
Agency is the process that tells about a contract between principal and agent for some
particular goods and services that plays an important role. Rights and duties of agency are as
follows:
Some of the basic rights are:
▪ Right to retain: It is a basic right in which agent can retain some amount that
had not been paid by the principle that is the main aspect in which the
principle would not get money and hence it will be a huge loss for principle.

▪ Right to stop transactions: the agent had a right that they can stop the
transactions that are done by the principle and hence contract cannot be done
that can effect the principle (Percival, Schroeder, Miller and Leape, 2013).
▪ Right of remuneration: an agent have a right that they can claim for
remuneration that can generate a money for the agent that principle had to pay
which is a main right.
▪ Right to lien: It is a main aspect that can generate a basic problem in which the
contract is not specified and this can generate a loss in contract.
▪ Rights of Indemnity: It is the main function in which the agent can be
indemnifier and also can question principle for all particular sufferings that
had been generated.
Duties of agents are as follows:
1. Instructions: agent should follow all rules and regulations and according to that they
should work.
2. Secret profits: For every agent they should not create any secret profit.
3. Delegations: They are not required to carry delegation.
4. To provide adequate protection to buyer.
5. To provide complete information and description of goods to purchaser.
6. Not to gain undue advantage where there is no contract.
TASK 3
3.1 Monopolies and anti competitive legislation in UK
Competition play important role in the market. Competition create benefits for the customer
as reducing the price of the product.
There are two sources of competition law:
 Article 81
It deals with the anti-competitive agreement, which are prohibited and destroy the
competition among the member state of EU(Sackman and et. al., 2016).
2. Article 82
It deals with the abuse of dominant position, in this seller impose unfair discriminatory
conditions.

Monopolies- Any organisation that posses 25% shares in the market covered under the term
of monopoly (Scholes, 2015). It is threat to the UK market. Monopolies and merge
commission made investigation on the companies which are merged together to find that
have they control over the market by 25%.
The main legislation which regulating competition laws in the UK-
 Competition Act 1998
the provision of this Act provides the provision related to the anti competitive agreement
(Siedel and Haapio, 2010). The provision of the Act are contained in Article 81 and Article
82 of the Act (Reinhardt and Stavins, 2010).
 The enterprise Act 2002
It makes changes in the competition law of UK. It introduced various laws to make
competition act more effective.
There are many benefits that arise from the competition as-
 It creates competitive environment in the market.
 It helps to provide product with minimum price range.
 Availability to choose the product from different seller.
 Providing greater benefit and services that justify higher prices.
3.2 Competition commission and UK office of fair trading
Competition commission
It is the main body that regulates the law related to the competition in UK. It is the duty of the
this commission to check the companies are following the rules and regulations or not but
they do not have power to impose penalty. It has power to make recommendation and to give
decision related to the issues of merger and investigation. It has more power as comparison to
enterprise act 2002 (Spalding, 2011). When an individual is not satisfied with the decision of
regulating body then can apple to competition commission (Nica, 2013).
Office of Fair trading
All the power of director general has been transferred to the Office of fair trading. It is a
corporate body consist of chairman, chief executive and other member. It studies the market
situations which is not good for the customer by market policy initiatives division. They have

power to make the changes to the law as per the need and also have power to take
enforcement actions.
Ofcom and Ofgem
Ofcom is the communication regulator in UK. It regulates various things as TV, radio, Video
an demand sector, mobiles, postal services, airwaves, wireless device. It must perform the
power and duties set by the legislation and not to cover the anti competitive environment.
Ofgem is the Office of Gas and Electric market. It is an independent national regulatory
authority, recognized by the EU Directives. It protects the interest of electricity and gas
consumers.
3.3 Dominant position with in the EU market
Dominant position in the market means when the firm has power related to specific
goods. For the EC market, if the firm do not abuse the position then the firm is not in
dominant position (Hayden and Bodie, 2012).
It has been considered in United Brands Company and United Brands Continental BV v.
Commission of European Communities (1978): in this case various test are made. As per the
article 82 dominant position means the position of strength of any firm which prevent the
competition and has the power to stand independently in market and abuse the consumer.
Dominant position includes-
 Ability to control the market and distort competitors.
 Ability to stand independently in the market.
European court of justice (ECJ)
It is the court of justice and highest court in the EU in relation of European union law. It is
the judicial institution of EU. It deals with the issues that arise between the parties as the
court do in Ireland. ECJ ensures that the laws and regulation of European are interpreted and
applied in every member state of EU(Folsom and et. al., 2012).
3.4 Consider the application of Exemption to potentially anti-competitive practices
As per the article 102, exemptions are provided to those who can prove that the anti
competitive practices creates benefits for the market. Article 101 considers various laws and
regulations and required to fulfil by them. Principals are agree to exempt those which are not
much important. Company whose holding is less than 10% called as small business. The

commission can exempt those businesses which satisfy the customer need and provide quality
product.
Following are the exemptions-
 Individual Exemption
In it firm satisfy the Oft that the agreement help in the economic growth and not affect the
competition in the market. It applied on individual transaction (Bagley and Dauchy, 2011).
 Block Exemption
It apply on the agreement Which fulfil all the conditions of individual exemptions.
 Parallel exemption
It applies to those agreement which covered individual and block exemption and make
involvement in member state.
TASK 4
4.1 Identify and explain the different forms of intellectual property rights.
Intellectual property rights referred as creative activities of the senses which includes
designing of symbolization , names, representation or picture used in e commercialism or
internet commerce. It consists of business property includes patents , hallmark , transcript
rights , infringements. Following are the different types of intellectual property rights:-
Copy rights – copy rights are used in provide protection with respect to original work. They
provide security in order to prevent from copy and infringements of the same matter, subject
or content. Under this right the original bearer gets benefits in order to change, administer,
create , demonstration, and transcription of the work .
Patents – patents are the inventory rights. They permit the patent owner by not considering
others from devising, merchandising, or using the innovation. Through inventions bushiness
gets benefited to a wider extent. There are following types of patents which any body can
detect. These are utility-grade, designing or plant.
Trade mark – trade mark is a symbol present on the precious elements like gold, silver and
others . They are used in order to find out right product in the market. They protect customers
from theft or malpractice. For different products there are different symbols used with the
different design. These are the following intellectual property rights which protects the
buyers from selling the wrong products.

4.2 outline the principles relating to the protection of inventions through patent rights and
legal rules
preventing their infringements
The security of intellectual property right is the subject of great passion among the
artist . It is based on distribution of different innovative ideas and thoughts about the making
of these rights. These rights are based on social, economical and imaginative considerations.
These rights are as important than those of human rights related with wellness ,education ,
occupation and civilisation. Government adopted different types of methods in order make
make these rights innovative like licensing etc. These rights are also take consideration to
underdeveloped countries to their societal and economical conditions (Ye, Law, Gu, and
Chen, 2011). Government adopted many policies in order to secure these rights and changes
will adopt according to the situation of different practices associated with these rights.
4.3 Describe the principles relating to copyright protection and the legal rules preventing
their
Infringement.
Copy right is the right that allow the owner in order to make to copy, duplicate, public
display work. Some of the protections used under copy rights:-
The fair use doctrine – the fair use of doctrine provides the controlled use of copy righted
materials for scientific research use without the possessor commendation.
Library copy rights intellect - it produced certain deductions for library's in order to use
copy and infringements.
Face to face infringements – it provides the control over the face to face dived interaction
performed by coping and duplicability from others like teaching interviews.
Permission to use copy rights- if any of the method is not available then permission could be
getting by copy right owner.
Copy rights and fair resources - there are certain policies and rights comes under the copy
rights and fair resources which allow users to use these types of practices related with
intellectual property rights . They allow users to take permission to use these rights by taking
permission of the copy right holder . There are certain source available on the internet in
order to copy right issues like authorization process .

Infringement of copyright:-
Copyright provides legal protection to the owner from its infringement. It provide
legal remedy as well where owner can make complain, if its rights are infringed by others.
The case can be filed to the court and adequate protection can be taken up by the owner of
such right.
4.4 Compare and contrast the protection of trademarks and business names giving practical
examples.
Trade marks have different uses other than those with business . Their application is
to secure of business against wrong full means. The name of the business is the the process
of recognition and for the identification purpose. In order to protect the business one should
follow the registration process according to the trade mark rights.
The trade mark authentically protect the name and disallows the other person to use.
Trade mark is carried by getting unique use of that trade mark all over Australia. The
Australia n trade mark permits the user to hold for trade mark globally. In order to start a
business , it is necessary to follow the complete authorization process and registration of the
name of that business for the security, authenticity and legal matters. Trade marks are done
for business , shops, industries, schools, hotels, university, college . A big amount is needed
in order to follow or process the trade mark activity. The amount depends upon the fame of
the company and cost of production . For this world scenario trade mark is very essential part
of starting a small or large enterprises. If the firm or industry dot possess any authorized
details, then strict actions can taken by the government rules and policies. These are the some
visualizations of the trade secrets in order to protect from the wrongful use.
CONCLUSION
From the above discussion it can be concluded that , this chapter is totally related with
the intellectual property rights, trade unions. The security of intellectual property right is the
subject of great passion among the artist . It is based on distribution of different innovative
ideas and thoughts about the making of these rights. These rights are based on social,
economical and imaginative considerations. These rights are as important than those of
human rights related with wellness ,education , occupation and civilisation. these rights are
based on social, economical and imaginative considerations. These rights are as important
than those of human rights related with wellness ,education , occupation and civilisation.

Government adopted different types of methods in order make make these rights innovative
like licensing etc.

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