Business Law Report: UK Business Law, Sales, and Credit Agreements

This report provides a comprehensive analysis of various aspects of business law. It begins by examining the legal rules related to the sale of goods and services, including statutory provisions on the transfer of property and possession, and the remedies available to buyers and sellers. The report then delves into product liability, exploring statutory provisions for faulty goods and the Consumer Protection Act 1987. The second task focuses on credit agreements, outlining different types, such as hire purchase and credit sales, and the legal rules related to termination rights and default notices. It also covers the features, rights, and duties of agents. The third task examines monopolies and anti-competitive practices legislation in the UK, the role of the Competition and Market Authority, and exemptions under EU law. Finally, the report identifies and explains different forms of intellectual property rights, including patents, copyright, and trademarks, comparing their protection principles. The report uses the case of Ben buying a car as a running example throughout the analysis.

BUSINESS LAW

Table of Contents
INTRODUCTION ..........................................................................................................................1
TASK 1 ...........................................................................................................................................1
1.1Analyse and advice Ben on the legal rules relating to the sale of goods and supply of.........1
services.......................................................................................................................................1
1.2Analyse and advice Ben on the statutory provisions on the transfer of property and
possession....................................................................................................................................2
1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods
contracts......................................................................................................................................2
1.4 Product liability statutory provisions for faulty goods..........................................................3
TASK 2 ...........................................................................................................................................4
2.1 Types of credit agreement that can be used as a consumer...................................................4
2.2 Legal rules related to the termination rights and default notices..........................................5
2.3 Features of agency and different types of agent....................................................................5
2.4 Rights and duties of an agents...............................................................................................6
TASK 3............................................................................................................................................7
3.1 Outline and explain the monopolies and anti-competitive practice legislation in the UK....7
3.2 Role of competition and market authority............................................................................8
3.3 Define dominant positions within the EU common market giving examples......................8
3.4 Exemptions against anti competitive activities under EU law..............................................9
TASK 4 ..........................................................................................................................................9
4.1 Identify and explain the different forms of intellectual property rights................................9
4.2 Principles of protection of invention through patenting and legal rules.............................10
4.3 Principles related to the copyright of work........................................................................10
4.4 Compare the protection of trademark and business names................................................11
CONCLUSION.............................................................................................................................11
REFERENCES .............................................................................................................................12

INTRODUCTION
Is is legal body of the law which conduct right, relation, contract of and individual and
law regarding the business for trading, selling, merchandising. Business law is also know as
commercial and corporate law. It handle the issue regarding the the business laws. It includes all
the rules and regulation which a business has to follow during the buying, selling, doing other
business activities etc. every company has to follow this rules and regulation while doing the
business(Acharya, Baghai and Subramanian., 2013). In case they not follow the law then the
parties can get the punishment and penalty from the law. There is two parties involved in any
business law case the person who files the case is called the plaintiff and against who is sued is
called defendant. Both the parties need to have the valid evidence to proof them right.
In this report I will discuss about the law case where the person(Ben) is buying the the
car from the car dealer and get the damage car in return and dealer is refused to take back the car
because Ben has sign the contract with dealer before buying the car. so he filed the case against
the car dealer to get compensation against the car damage.
TASK 1
1.1Analyse and advice Ben on the legal rules relating to the sale of goods and supply of
services.
The advisor clear the rules and regulation of the sales of goods act to the Ben to have the
clear understanding about the case. In sales of goods act there are provision which is taken in to
the consideration while buying and selling of the product(DiMatteo., 2010). This sales include
any private sales, business to business sales and business to customers sales and customer to
customer sales. According to the sales of goods act 1979. Ben can filed the case against the car
dealer because he receive the the damage car(Disch., 2016). According to the sales of goods act
1979 the seller has responsibility to sell the good quality of the product to its customer and if the
customer is not getting the promised services he/she can sue the seller for the default.
Seller can protect himself by using clause 9 which he mention before selling the goods in
which it is written over there the person who is buying the goods should check all the details and
after sign the contact the seller is not responsible for any default occurs.
Implied terms: implied terms are those terms in which there is not written condition only the
action and behaviour of both the parties the contract can be made.

Following are the rules and regulation take place under the sales of goods act are as follow.
 According to section 12 the the seller has to sell the product according to tittle of the
product and the quality promised by the seller otherwise the the contact can be breach
and invalid.
 The seller should provide the warranty and guarantee to the buyer with the product.
 According to section 13 if seller gives the contract to sign and the buyer is signing the
contract without without reading and implementing then the seller is not responsible for
any default.
1.2Analyse and advice Ben on the statutory provisions on the transfer of property and possession
According to the section 20 it is state that if the product is sell to buyer the ownership
also transfer by the sell to buyer in that case the seller sell the car to Ben and now the ownership
of the product is with the Ben if he is not satisfied with the product he has a option to sell the car
to someone else and transfer its authority(Bernstein, Korteweg and Laws., 2016).
The statutory provision are stated as follow according to the sales of goods act 1979.
 According to the section 16 the product which sold by the seller sold be ascertained
goods. The buyer can sue the seller in return of compensation if there is any default. But
the case can be only valid if the goods are ascertained
 According to section 17 both the parties should have the intention to buy and sell the
goods. They should have the legal contract between them that they are buying or selling
the goods if both parties are not agree then the contract become void.
 According to section 19 seller should retain the good if buyer want to to return back the
goods to the seller.
 According to section 20 the buyer can also transfer the risk to the other person if he
thinks that the product is not up to the mark. The seller is not liable after transferring the
risk to the buyer.
1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts
There is law for both the buyer and seller in case of any fraud face by these parties they
have a right to compensate the loose against each other. The remedied provision are made for
both parties to save their in interest and protect against any unlawful act. following are provision
for both the parties.

 According to the section 41 to 43 the seller has the right to lien the product. If the buyer
is not paying for the goods to the seller(Bradford., 2012). The seller has the right to lien
the goods with him until the payment has been made.
 According Section 44 to 46 right to stoppage. In case buyer is paying the seller. seller
has right to stoppage the goods during the process of transport. The goods can be only
delivery to buyer when buyer will make the payment.
 According to section 48 seller has right to resale the good in particular situation these
situation can be where the buyer knows that seller has no intention to sell the product, in
case the goods are perishable in nature and buyer is not paying the amount for the goods
purchased and the last one is when seller comes to know the intention of buyer to not
purchase the goods.
 In case of any damage the buyer has the remedies against the seller to compensate loss
amount from seller.
 If product is not working according to performance promise by seller. Buyer has the
right to breach the contract.
1.4 Product liability statutory provisions for faulty goods
The lawful bodies make the provision for the faulty goods. In case the seller has sold the
faulty goods to the buyer which can cause the physical, mental and other losses. The seller is in
tittle to pay the compensation(Chaney and Martin., 2013). In this case the fault can be the
damage engine and other part of the car which can result in the car accident and maintains cost to
the buyers. The provision of the faulty goods can be liable to the seller. If buyer can prove the
following conditions.
 If the buyer sellers the faulty goods.
 If the seller is fully responsible to the bad product delivery.
 The damage which made because of the faulty product.
There are situation where the buyer get the compensation for the losses , and physical and mental
damage. Consumer protect act 1987: this act is implies for the protect of the consumer against
the losses suffered by the buyer for the damage good sold by the sell. In this case the Ben
has the right to claim against car dealer because of selling the damage car and because of
that Ben family meet with the an accident and get injured.

 Liability in tort: in this the buyer has to proof that whichever the damage is cause is
because of the damage goods sold by the car dealer and buyer should proof the evidence
against the compensation. In that case seller has to compensate for all losses occur
because of faulty product.
 Liability of the contract: according to contract between the buyers and seller. The buyer
only get the damage if it is mention in the contract. In this case there is clause 9 in which
it is mention that for any damage the seller is not responsible. So the seller is not liable to
pay the amount according to this provision.
TASK 2
2.1 Types of credit agreement that can be used as a consumer
The credit agreement is an agreement between the banks and the consumer. It is come
into the picture when customer takes the loan from the bank. There are different kind of loan
agreement according to the nature and purpose of the loan taken(Clark., 2011). The ban charge
the interest from the customers who is borrowing the money from the bank. To protect the
customer from the risk in taking loans the act has been made the consumer credit act 1974 .
which protect the consumer interest against the loan. following are different credit loans
agreement can used by Ben to buy a car. Hire purchase: In this the buyer can use the car but the do not get the ownership of the
car. the ownership remain to the seller of the car. In this case the buyer pay the amount to
the seller for hiring and in this purchase buyer can not transfer the goods to the another
party(Crane and Matten., 2016). The buyer is liable for any damage of the car after
hiring. Hiring can be done for the shorter period of time it is not for the life time. Conditional sales: this is kind of hire purchase but in that the tittle of the goods tranfer to
the third party and third party can sue the case against the buyer in case of not getting the
payment or in case of other damages. More people prefer the hire purchase than the
conditional sales because the seller give the particular condition while signing the
contract.
 Credit sales: in this kind of agreement the buyer can take the credit from the bank to
purchase the goods. In this case the ownership ans possession of the goods transfer to the
third party and after the payment the third party transfer the ownership. In this case Ben

purchase the car by taking the overdraft from the bank, personal loan, credit card etc.
bank pay the third party role(Dickerson., 2014). The ownership of the car remain with
bank until Ben pay the amount to the bank.
2.2 Legal rules related to the termination rights and default notices
If the party is not able to pay the amount before due date the then party has right to
terminate the contract before the due date. The third part can take the action against the Ben due
to default in payments. Following are the termination right for the Ben as the consumer if he is
not able to pay the future debts.
 The parties can demand the breach of the contract if the party are not able to fulfil the
requirements of the agreement before the termination period.
 According to section 94 to 97 the parties can do the earlier settlement before the
termination date.
 According to section 98 to 101. the debtor can breach the contract before termination date
if he/she think the quality of the product is not according to the contract. Unlike the Ben
case the condition of the car is not same as mention in the agreement. Termination of agreement leads to the transfer of goods and ownership to the creditor due
to not fulfil the contract requirements.
Default notice provision:
 The creditor can send the default notice to the debtor to not paying the amount.
 After the 7 days notice if buyer is not paying the amount the creditor can take the
possession of the goods and take any action regarding to it.
 In this case the right of the buyer can be terminated
 the bank can enforce the security for the future losses.
2.3 Features of agency and different types of agent
Agency is formed by two people where there is principal and agents. They are the
intermediaries between the company clients. They help to build good relation between the
company and clients. The agent who gets the authority from the principal and responsible for the
accountability of it task . The principal has the contract with third part and agent work behalf the
principal. Following are the features of agency.
 There should legal reason between the principal and client to enter in the contact. They
both should have interest in the contact.

 There is no contract based relation between the principal and agent.
 For any default by the agent the principal is liable for the mistake. Principal gives right to take decision on behalf of him.
Different kinds of agents
There are different type of agents according to the different kind of agencies. Some of the
different kinds of agents are given below. Estate agents: this agents are working behalf of the principals in field of real estate
property. They have the responsibility to sell the properties to the client and create good
impression on the customers(Elsaman, and Alshorbagy., 2011). Factors agents: factors agents are the general agents who sign the contract with customer
for the tangible goods.
 Commercial agents: these agents has the right to sell and buy the products. They are
independent agents. They are liable for their own actions. The principal can not be liable
for the agent actions.
2.4 Rights and duties of an agents
Ben has deicide to become an agent but before they do the work in this field it is very
important to understand the rights and duties agents have toward its principal. Following are the
rights of an agent. Rights to retainer: if sometime agent has to pay the amount to the principal the agent has
the right to deduct the amount which he/she to take from the principal. Right to claim the remuneration: is agents suffers any losses he has the rights to recover
its losses. Right to stoppage in the transit: agent has the right to stoppage the goods in the transit in
case he know the customer intention. Right to lien: agent has the right to lien if he think that customers is not serious about the
deal he can lien the goods with himself for the safety purpose.
 Limited liability: agent is not liable for any default done by the principal. It has its own
individual liabilities in case of independent agent otherwise he/she is not liable. Right to take the decision: in absent of the principal agent has the right to take decision
on behalf of the principal.
Duties of the agents

 it is duty of the agents to follow the instruction given by the principal. And work
according to the instruction.
 If the agent is not able to handle the particular situation he should communicate with
principal during that time at that point of time he should not take any decision by his
own.
 Agent should also use the principal name during signing any contract or deal with clients.
He should never use his name by doing the transactions.
 Agent is not supposed to make his personal profits by the clients. All the transaction
should be visible to the principal.
 Agent should not transfer his work to another person.
TASK 3
3.1 Outline and explain the monopolies and anti-competitive practice legislation in the UK
Monopoly lead the companies to have the single business and many buyers to buy the
product. They are the only who ruling the market. There is no other competitor in the market.
They re prices maker as they decide the prices by their own. The government make the rules
regulation for these monopoly companies(Folsom And et.al., 2012). Companies encourage to
develop the anti competitive practice in their business. This can decrease the exploitation of
other small enterprise in UK. The government have the rules against the company pricing and
other strategies. Some of the laws are made to prevent monopoly activities in market such laws
are given below. Competition act 1980: in this the government as appoint the minister to look after the
monopoly activities taken into the market. Competition act 1988: in this the government look after the anti competitive activities. Fair trading act 1973: this act is indicate that every company exercise its business
activities in fair trade manner without having monopoly in the market. Monopoly and merger act 1965: in this the merger and acquisition are done against the
interest of the public should be not allowed.

3.2 Role of competition and market authority
Competition commission is public owned body which look after the merger and
acquisition in UK . This commission restrict the merger and acquisitions which are not favour in
the public interest(Folsom and et.al., 2012). This commission control the monopoly in the market
to save the public interest. Role of the market and commission authorities are as follows.
 Control the merger and acquisition which are against the public interest.
 Over look the monopoly activities happening in the market and control them.
 Ensure that the trade activities which are take place in market should be in fair manner.
 Authority look after the pricing done by the different companies of its products.
 Authorities take the measure for the anti competitive practices.
3.3 Define dominant positions within the EU common market giving examples
A firm is considered to be on dominant position when it perform independently having its
competitor, customers, suppliers etc.(Gharajedaghi., 2011). the dominant position company rule
on the market and able to set its own pricing in the market. But in EU laws it is not allowed to
hold the dominant position. There are certain rules which they made for the dominant company.
Because as the company is able to set its own prices they keep any kind of quality in their
product to reduce the cost. But to protect the customers and other enterprises. The dominant
companies exercise the anti competition policies in their organisation and also they have to set
the prices according to the government rules. EU has the control measure system which controls
the merger and acquisition(Greenleaf., 2012). There is a special commission to look after this
activities. They restricted all those merger and acquisition which the illegal and against the
human interest.
A company is considered to be dominant which hold the 50% and more market share.
The dominant marketing is define by two criteria.
 Analyse the market capture by the organisation is dominant or not
 whether the company is taking the advantage of its dominance or not following the
pricing rule set the government.
3.4 Exemptions against anti competitive activities under EU law
Anti competitive is mostly exercise by the monopoly firms which has the dominant in the
market. But there are some exceptions where the government allowed them to have dominating
position in the market(Hazen., 2011). It depends on the situation in which government take this

decision. If the dominance is good for the country growth and also bring positive impact on the
economy. Then the government allow this firm to do their operations. Following are the
exceptions when government allow the company to exercise monopoly(Abdi and Aulakh., 2012).
 When consumer are getting benefits from the products and services by the company. The
company can exercise the monopoly.
 The contracting parties are not facing any unnecessary restrictions then company allow to
do anti competitive activities.
 When the monopoly tends to help in growth of the country economy.
 Company should have some specific reason to run the anti competitive activities.
Theses are situation in which the company get the exceptions from the government. They new
make the contract in a way so that they comes into the category of exception of anti competitive.
TASK 4
4.1 Identify and explain the different forms of intellectual property rights
Intellectual properties help to protect the company hard work on the creative and their
innovation(Appleman, Appleman and Holmes., 2015). Intellectual property help to not creating
or copying someone's idea to their business.
Some of the intellectual rights are given below which company should considered to save their
idea and innovations. Copyright: copyright help to protect the company to save there creative thoughts on to
stolen or use by others(Bebchuk and Jackson., 2011). Copyright can be done on music,
books, graphic, software etc. the individual can protect their material by having the
copyright registration on that. Patent: patent can be done on any process , machines, articles, design etc. so that the
other person cannot copy the idea, innovation, thoughts and sell the same product in the
market. Trademark: trademark consists of sign .logo, symbol, word etc. which company gave to
its brand and no other company have the same brand logo or word used for its
product(Bishara., 2011). Trade mark help to protect the brand and eliminates the
duplicate item from the market. By this logo, signs , symbol the customer can easily
know about the brand.

 Trade secrets: in this companies keep the important information about the suppliers, its
customers list, survey result so that they can have the competitive advantage for the other
companies. This intellectual property cannot be register like the others 3 intellectual
property. Business restricted to share the information to other companies.
4.2 Principles of protection of invention through patenting and legal rules
There are principal of protect of invention. Patent are only to that process which are new
innovated. There should a subject matter of patent then only it can the patent registration. The
principal of protect the patent are as follows.
 The patent should fulfil the requirement the particular subject to get it registered.
 The subject should be comes under the regulatory law.
 The patents has done only to the new invention and innovation.
 Patent provides the authority to sue someone who use the company patent to their own
use.
 Patent given for the particular duration of time like 14 years depend on the
company(Bodie., 2013). It cannot be given to the permanent bases the company has to re-
registered to protect its property.
 There should not any unlawful subject to get the patent. Because the authority can reject
it also sue the case against the registration of illegal objective.
4.3 Principles related to the copyright of work
The copy right has been on the certain principals .following are the principals related to
the work.
 Copy right can be done on the books, music , graphics etc. there is not necessary to have
the mark for the copyright.
 Owner have the right to sue the person how is using his copyright property for their
personal use.
 Copyright does not include the all mate material for the copyright. The part which is used
for the public domain can be used.
 The penalty for the copyright infringement is very high the need to pay high amount for
the compensation.
The infringement is illegal in the eyes of the law. The person can sue and ask for thye
compensation in case of copyright infringement.

4.4 Compare the protection of trademark and business names
Trademark refers to the logo, signs, symbols, words used by the company for its product
where business name is refers to the name which used by the company and the company listed in
the share market(Cantwell, Dunning and Lundan., 2010). Protect for both is very crucial for the
company. Company as to take care of the trade mark and its company name so that no other
person can use it to produce there duplicate products. The process of the registration also differ.
Trademark protect lead to improve the company image and trade mark protection helps to
increase the the awareness of brand name.
CONCLUSION
In this report I have discuss the certain provision of the sales of goods act. The remedies which
seller and buyer get to protect their interest(Crane and Matten., 2016). The provision which are
made for the faulty goods after this there is a discussion about the agents and its rights and
duties. How government can protect the smaller companies by the monopoly market and then
different kinds of intellectual property used by the companies to prevent the duplicate product
and principals of different intellectual properties. In last I have mention the difference between
company name and trademark.
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