In-Depth Report on Legal Rules, Credit Agreements, Agency & UK Law
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AI Summary
This report comprehensively analyzes various aspects of business law, starting with an examination of legal rules concerning implied terms in the sale of goods and supply of services, advising Mr. Ben on his rights when purchasing a faulty car. It delves into statutory provisions on property transfer, buyer and seller remedies, and product liability for defective goods. The report further differentiates between types of credit agreements Ben could use to purchase a new car, analyzes termination rights and default notices, and explores the features and types of agency, including the rights and duties of an agent. Additionally, it outlines UK monopolies and anti-competitive practices legislation, explains the role of the Competition Commission and the Office of Fair Trading, defines dominant positions within the EU common market, and considers EU exemptions to anti-competitive practices. Finally, the report identifies different forms of intellectual property, outlines principles relating to patent rights and copyright protection, and compares the protection of trademarks and business names, offering a thorough overview of key business law concepts. Desklib provides access to similar solved assignments and resources for students.
Contents
Introduction.................................................................................................................................................1
Task-1.......................................................................................................................................................... 2
P1.1 Analyse and advice Mr Ben on the legal rules on implied terms relating to the sale of goods and
supply of services................................................................................................................................ 2
P1.2 Analyse and advice Mr Ben on the statutory provisions on the transfer of property and
possession............................................................................................................................................ 3
P1.3 evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts.....4
P1.4 apply product liability statutory provisions for faulty goods.......................................................4
Task 2.......................................................................................................................................................... 6
P2.1 Differentiate between types of credit agreements which Ben could use to obtain the new car.. . .6
P2.2 Analyze the rules on termination rights and default notices for Ben to be informed in case he
subsequently has trouble paying the debts as required in the contract.................................................8
P2.3 analyse the general features of Agency and differentiate between the different types of agent.. .9
P2.4 Evaluate the rights and duties of an agent to assist Ben understand her position once he
becomes an Estate Agent.....................................................................................................................9
Task -3....................................................................................................................................................... 10
P 3.1outlines the monopolies and anti- competitive practices legislations in the UK........................10
P 3.2 Explain the Role of competition commission within the context of monopolies and anti-
competitive practices and UK office of fair trading...........................................................................12
P 3.4 Define dominant position with the EU common market...........................................................12
P3.4 consider the application of EU exemptions to potentially anti-competitive practices................13
Task 4........................................................................................................................................................ 14
P4.1 Identify differing forms of intellectual property........................................................................14
P4.2 Outline the principles relating to the protection of inventions through patent rights and their
infringement...................................................................................................................................... 15
P4.3 Describe the principles relating to copyright protection and their infringement in a given
business scenario............................................................................................................................... 16
P4.4 Compare and contrast the protection of trademarks and business names...................................17
Conclusion................................................................................................................................................. 17
Introduction.................................................................................................................................................1
Task-1.......................................................................................................................................................... 2
P1.1 Analyse and advice Mr Ben on the legal rules on implied terms relating to the sale of goods and
supply of services................................................................................................................................ 2
P1.2 Analyse and advice Mr Ben on the statutory provisions on the transfer of property and
possession............................................................................................................................................ 3
P1.3 evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts.....4
P1.4 apply product liability statutory provisions for faulty goods.......................................................4
Task 2.......................................................................................................................................................... 6
P2.1 Differentiate between types of credit agreements which Ben could use to obtain the new car.. . .6
P2.2 Analyze the rules on termination rights and default notices for Ben to be informed in case he
subsequently has trouble paying the debts as required in the contract.................................................8
P2.3 analyse the general features of Agency and differentiate between the different types of agent.. .9
P2.4 Evaluate the rights and duties of an agent to assist Ben understand her position once he
becomes an Estate Agent.....................................................................................................................9
Task -3....................................................................................................................................................... 10
P 3.1outlines the monopolies and anti- competitive practices legislations in the UK........................10
P 3.2 Explain the Role of competition commission within the context of monopolies and anti-
competitive practices and UK office of fair trading...........................................................................12
P 3.4 Define dominant position with the EU common market...........................................................12
P3.4 consider the application of EU exemptions to potentially anti-competitive practices................13
Task 4........................................................................................................................................................ 14
P4.1 Identify differing forms of intellectual property........................................................................14
P4.2 Outline the principles relating to the protection of inventions through patent rights and their
infringement...................................................................................................................................... 15
P4.3 Describe the principles relating to copyright protection and their infringement in a given
business scenario............................................................................................................................... 16
P4.4 Compare and contrast the protection of trademarks and business names...................................17
Conclusion................................................................................................................................................. 17
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References.................................................................................................................................................18
Introduction
This report covers the offer of good contract in which ben mindful about his correct when he
bought the auto. For the working of the business it is vital that appropriate enactment has been
expressed and changed as per the conditions of the business. The cure of purchaser and dealer is
set down in the report.
Task-1
P1.1 Analyse and advice Mr Ben on the legal rules on implied terms relating to the sale of
goods and supply of services
Mr. Ben was obtained the auto from merchant on the given depiction. Amid the primary end of
the week Ben chose to take his family for a trek. In any case he immediately found while driving
the auto did not go any speedier. It turned out to be evident that the every one of the qualities
were given in the portrayal were false. Ben got extremely irritated and chose to give back the
auto after only five days when the issues endured. While experiencing the auto benefit history
books, When Ben took the auto back to the Car Dealers to return it, they declined to take it back,
indicating statement 9 of the Terms and conditions which Ben had been made a request to sign
and given a duplicate. The condition read as takes after; Clause 9 "We acknowledge no duty
what so ever for the portrayal we have given about the autos and the nature of the autos.
Purchasers are in charge of making their own autonomous checks before purchasing."
As indicated by the agreement demonstration ben and the merchant of the auto are under the
agreement since fundamental components of offer of good contract are available for the
situation. These are:
Ben made the offer to merchant
This report covers the offer of good contract in which ben mindful about his correct when he
bought the auto. For the working of the business it is vital that appropriate enactment has been
expressed and changed as per the conditions of the business. The cure of purchaser and dealer is
set down in the report.
Task-1
P1.1 Analyse and advice Mr Ben on the legal rules on implied terms relating to the sale of
goods and supply of services
Mr. Ben was obtained the auto from merchant on the given depiction. Amid the primary end of
the week Ben chose to take his family for a trek. In any case he immediately found while driving
the auto did not go any speedier. It turned out to be evident that the every one of the qualities
were given in the portrayal were false. Ben got extremely irritated and chose to give back the
auto after only five days when the issues endured. While experiencing the auto benefit history
books, When Ben took the auto back to the Car Dealers to return it, they declined to take it back,
indicating statement 9 of the Terms and conditions which Ben had been made a request to sign
and given a duplicate. The condition read as takes after; Clause 9 "We acknowledge no duty
what so ever for the portrayal we have given about the autos and the nature of the autos.
Purchasers are in charge of making their own autonomous checks before purchasing."
As indicated by the agreement demonstration ben and the merchant of the auto are under the
agreement since fundamental components of offer of good contract are available for the
situation. These are:
Ben made the offer to merchant
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dealer acknowledges the offer.
Ben has the aim to buy the auto and merchant has the expectation of offering the
auto.
Ben and the merchant are under the limit.
So contract is shaped amongst them and has ideal to guarantee the harms against the merchant.
The suggested terms under the offer of good contract are expressed under the area 12 to 15.
1. Section 12:it applies on the item which is obtained by the purchaser on the web. The
products must have the title which is sold by the vender if dealer has no title of merchandise then
he has no privilege to offer the products. The great must be free from any weight.
2. Section 13: The products must be in portrayal which is given by the merchant to
purchaser. On the off chance that it is not in understanding then he has appropriate to assert the
harms. Under this case Ben has ideal to assert the harms in light of the fact that the auto is not
concurring with the chief portrayal.
3. Section 14: The great which is sold by the dealer must be tasteful quality and fit in the
event that it is not fit for reason then purchaser can make assert for the misfortune which he
endures. Ben can likewise assert under this segment on the grounds that the auto is not in
acceptable quality.
4. Section 15: if any great is given by the merchant in mass then dealer needs to pitch the
products as per the mass quality.[Austen-Baker', R. (2015)]
Ben has the aim to buy the auto and merchant has the expectation of offering the
auto.
Ben and the merchant are under the limit.
So contract is shaped amongst them and has ideal to guarantee the harms against the merchant.
The suggested terms under the offer of good contract are expressed under the area 12 to 15.
1. Section 12:it applies on the item which is obtained by the purchaser on the web. The
products must have the title which is sold by the vender if dealer has no title of merchandise then
he has no privilege to offer the products. The great must be free from any weight.
2. Section 13: The products must be in portrayal which is given by the merchant to
purchaser. On the off chance that it is not in understanding then he has appropriate to assert the
harms. Under this case Ben has ideal to assert the harms in light of the fact that the auto is not
concurring with the chief portrayal.
3. Section 14: The great which is sold by the dealer must be tasteful quality and fit in the
event that it is not fit for reason then purchaser can make assert for the misfortune which he
endures. Ben can likewise assert under this segment on the grounds that the auto is not in
acceptable quality.
4. Section 15: if any great is given by the merchant in mass then dealer needs to pitch the
products as per the mass quality.[Austen-Baker', R. (2015)]
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P1.2 Analyse and advice Mr Ben on the statutory provisions on the transfer of property
and possession
These statutory arrangements can apply by the Mr. Ben.
Area 16: The responsibility for item will go starting with one individual then onto the next in the
event that they are learned.
Case: Healy V Howlett and Sons 1917
Area 17: it is essential that the merchandise must be learned or particular however possession
will just pass if parties have expectation of passing.
Area 18: It has 5 rules, however products will be passed if party demonstrate their goal of
passing the merchandise.
Govern 1:- If Specific positive attitude be sold by the person in the unlimited contract then
cooperative attitude takes a break of agreement.
Administer 2:- Specific condition is forced upon the merchandise for the death of the great it is
essential that condition must be finished by the person.
Manage 3:- The exchange of proprietorship particular great has been weighed and measured.
Manage 4:- For the offering of particular great endorsement or return premise is fundamental
then they can't sold until endorsement or return premise is not done by the person.
Control 5:- It is not matter whether the products are unascertained or unlimited their
proprietorship will be passed.
Area 19: when vender offers the great then he additionally give the privilege of holding the title
to the purchaser of good.
Segment 20: when the vender offers the great then danger of the great is passed to the purchaser
P1.3 evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods
contracts
and possession
These statutory arrangements can apply by the Mr. Ben.
Area 16: The responsibility for item will go starting with one individual then onto the next in the
event that they are learned.
Case: Healy V Howlett and Sons 1917
Area 17: it is essential that the merchandise must be learned or particular however possession
will just pass if parties have expectation of passing.
Area 18: It has 5 rules, however products will be passed if party demonstrate their goal of
passing the merchandise.
Govern 1:- If Specific positive attitude be sold by the person in the unlimited contract then
cooperative attitude takes a break of agreement.
Administer 2:- Specific condition is forced upon the merchandise for the death of the great it is
essential that condition must be finished by the person.
Manage 3:- The exchange of proprietorship particular great has been weighed and measured.
Manage 4:- For the offering of particular great endorsement or return premise is fundamental
then they can't sold until endorsement or return premise is not done by the person.
Control 5:- It is not matter whether the products are unascertained or unlimited their
proprietorship will be passed.
Area 19: when vender offers the great then he additionally give the privilege of holding the title
to the purchaser of good.
Segment 20: when the vender offers the great then danger of the great is passed to the purchaser
P1.3 evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods
contracts
Remedy of Ben
If he spent any expenses then he has right to recover the expenses which is paid by him.
He can recover the damages if good is not delivered.
He can obtain the order of the specific performance.
He has right to recovery of their liquidated damages.
Remedy of seller
If he know that buyer becomes insolvent then he as right to stop the goods in the transits
He has right to cancel the order of the buyer.
He has right to recover the goods if buyer not making payment.
He can obtain the order of the specific performance.
P1.4 apply product liability statutory provisions for faulty goods
What are defective goods?
The great which makes them deficiency in quality and amount which made the misfortune or
harms the purchaser is known as the damaged great. The great incorporate any power item, any
segment of the item and so forth the individual which are in charge of the flawed great are the
maker, provider, wholesaler of the great if any individual endures any harm then they are at risk
of the harms and misfortune which endured by the buyers.
The product liability rules
1. Consumer protection act 1987
2. Contract
3. Tort
The person who claims under the above statue has to prove these:
1. The product is defective nature
2. Caused harm
3. And defendant is under the liability
If he spent any expenses then he has right to recover the expenses which is paid by him.
He can recover the damages if good is not delivered.
He can obtain the order of the specific performance.
He has right to recovery of their liquidated damages.
Remedy of seller
If he know that buyer becomes insolvent then he as right to stop the goods in the transits
He has right to cancel the order of the buyer.
He has right to recover the goods if buyer not making payment.
He can obtain the order of the specific performance.
P1.4 apply product liability statutory provisions for faulty goods
What are defective goods?
The great which makes them deficiency in quality and amount which made the misfortune or
harms the purchaser is known as the damaged great. The great incorporate any power item, any
segment of the item and so forth the individual which are in charge of the flawed great are the
maker, provider, wholesaler of the great if any individual endures any harm then they are at risk
of the harms and misfortune which endured by the buyers.
The product liability rules
1. Consumer protection act 1987
2. Contract
3. Tort
The person who claims under the above statue has to prove these:
1. The product is defective nature
2. Caused harm
3. And defendant is under the liability
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Under the consumer protection act 1987the offended party record suit against the litigant yet he
needs to demonstrate that the great is flawed; he has no compelling reason to demonstrate
different things. It is adequate that great is imperfect.
Under the contract law offended party needs to demonstrate that the item is faulty and rupture the
legally binding commitment which is forced upon the respondent at the season of entering into
the agreement.
Under the tort law offended party needs to demonstrate that the respondent is under the risk for
making the rupture of his obligation and done carelessness. He was not taking the sensible care
while fabricating the item.
Task 2
P2.1 Be able to apply the legal rules on consumer credit agreements and agency
Individual can assume the credit or acknowledgment from ten other individual. However, he
needs to pay back the cash to the business when the time is over. Business charges the
enthusiasm upon the credit which is given to the account holder. The bank is continually
expecting that he get the enthusiasm from the indebted person. The shopper intrigue is shielded
is shielded from the loan specialists, by the enactment which is known as the consumer credit act
1974.
Types of credit
Hire purchase
It is raise when consumer takes possession of the property of the real owner of the
property.
Ben has to pay the amount after the time period is over.
Case: Helby v Matthews 1895 [Saharay', D. (2015)]
Conditional sale
needs to demonstrate that the great is flawed; he has no compelling reason to demonstrate
different things. It is adequate that great is imperfect.
Under the contract law offended party needs to demonstrate that the item is faulty and rupture the
legally binding commitment which is forced upon the respondent at the season of entering into
the agreement.
Under the tort law offended party needs to demonstrate that the respondent is under the risk for
making the rupture of his obligation and done carelessness. He was not taking the sensible care
while fabricating the item.
Task 2
P2.1 Be able to apply the legal rules on consumer credit agreements and agency
Individual can assume the credit or acknowledgment from ten other individual. However, he
needs to pay back the cash to the business when the time is over. Business charges the
enthusiasm upon the credit which is given to the account holder. The bank is continually
expecting that he get the enthusiasm from the indebted person. The shopper intrigue is shielded
is shielded from the loan specialists, by the enactment which is known as the consumer credit act
1974.
Types of credit
Hire purchase
It is raise when consumer takes possession of the property of the real owner of the
property.
Ben has to pay the amount after the time period is over.
Case: Helby v Matthews 1895 [Saharay', D. (2015)]
Conditional sale
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In this contract the party is under the condition that he has to purchase the good when the
contract is end.
Ben has the right to transfer to pass the title of the goods.
It has the feature of the hire purchase but it is less favourable by the people.
Credit sale
Ben is able to transfer the ownership to the other person.
If any creditor not makes pay the whole amount then they will be used by the creditor for
the default of payment
Bank loan
Ben can take the overdraft facility from the bank. Bank charge interest for the overdraft
facility.
Ben also takes ordinary loan from the bank by mortgage something. The interest rates are
charged on this loan.
Personal loan can be taken by the Ben and bank charged very high interest rate on this
type of loan.
Credit card
Ben can take the credit from the bank credit card and there is no interest is charged.
In charge cards there is no limit is set but he has to pay fully in every month.
In retailers cards there is restriction upon the use of card.
Shop budget accounts
He can take the money from the large shops which he has to pay back to them after the
period of time is over.
Shops make the limit on the use of the credit and he has to return the money.
Ben has to pay the monthly interest. [Aquacard.co.uk, (2015)]
Debtor- creditor – supplier agreement
contract is end.
Ben has the right to transfer to pass the title of the goods.
It has the feature of the hire purchase but it is less favourable by the people.
Credit sale
Ben is able to transfer the ownership to the other person.
If any creditor not makes pay the whole amount then they will be used by the creditor for
the default of payment
Bank loan
Ben can take the overdraft facility from the bank. Bank charge interest for the overdraft
facility.
Ben also takes ordinary loan from the bank by mortgage something. The interest rates are
charged on this loan.
Personal loan can be taken by the Ben and bank charged very high interest rate on this
type of loan.
Credit card
Ben can take the credit from the bank credit card and there is no interest is charged.
In charge cards there is no limit is set but he has to pay fully in every month.
In retailers cards there is restriction upon the use of card.
Shop budget accounts
He can take the money from the large shops which he has to pay back to them after the
period of time is over.
Shops make the limit on the use of the credit and he has to return the money.
Ben has to pay the monthly interest. [Aquacard.co.uk, (2015)]
Debtor- creditor – supplier agreement
Both creditor and supplier has some business connection.
Creditor entered in contract with the supplier on eth basis of past and future
arrangements. [Aquacard.co.uk, (2015)]
Debtor- creditor agreement
There is no business connection between the creditor and supplier.
Creditors are not entered in with contract with the supplier for any past and future
arrangements. [Aquacard.co.uk, (2015)]
Restricted and unrestricted use
Ben can use the credit for the [purpose which he mentioned in the contract. This is known
as restricted use.
Ben can use the credit for any purpose and has no restriction upon her is known as the
unrestricted use. [Aquacard.co.uk, (2015)]
He can choose any credit agreement which is best suited to her according to her need.
(legislation.gov.uk, 2015)
Creditor entered in contract with the supplier on eth basis of past and future
arrangements. [Aquacard.co.uk, (2015)]
Debtor- creditor agreement
There is no business connection between the creditor and supplier.
Creditors are not entered in with contract with the supplier for any past and future
arrangements. [Aquacard.co.uk, (2015)]
Restricted and unrestricted use
Ben can use the credit for the [purpose which he mentioned in the contract. This is known
as restricted use.
Ben can use the credit for any purpose and has no restriction upon her is known as the
unrestricted use. [Aquacard.co.uk, (2015)]
He can choose any credit agreement which is best suited to her according to her need.
(legislation.gov.uk, 2015)
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P2.2 Analyze the rules on termination rights and default notices for Ben to be informed in
case he subsequently has trouble paying the debts as required in the contract.
Ben is under the commitment to make installment in the event that he assumes any
acknowledgment shape the loan boss however he has ideal to end the agreement on the off
chance that he has any issue for making the installment.
End rules
1. Both gatherings' can end the understanding in the quantity of conditions.
2. They can interest for making the settlement as quickly as time permits.
3. When the end is made by any gathering then account holder is under the commitment to
give back the great to the lender.
4. If any obligation is standing then he needs to pay the greatest add up to the account
holder.
5. Creditor has additionally appropriate to end the agreement if account holder makes any
rupture of agreement.
Default by borrower
case he subsequently has trouble paying the debts as required in the contract.
Ben is under the commitment to make installment in the event that he assumes any
acknowledgment shape the loan boss however he has ideal to end the agreement on the off
chance that he has any issue for making the installment.
End rules
1. Both gatherings' can end the understanding in the quantity of conditions.
2. They can interest for making the settlement as quickly as time permits.
3. When the end is made by any gathering then account holder is under the commitment to
give back the great to the lender.
4. If any obligation is standing then he needs to pay the greatest add up to the account
holder.
5. Creditor has additionally appropriate to end the agreement if account holder makes any
rupture of agreement.
Default by borrower
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Creditor needs to give a default notice to the borrower in the event that he makes any
rupture of agreement before making any further move.
Creditor can end the agreement and interest for the early installment.
Good are recuperated by the loan boss from the borrower.
The era for making any further move by the loan boss is seven days.
The nation court has the specialist to make a request of implementation.
The day and age is likewise given to the indebted person for making installment.
P2.3 analyse the general features of Agency and differentiate between the different types of
agent.
It is the relationship which is existing between the vital and operator and they are not under any
authoritative relationship.
The general elements of the office are:
1. The gathering which is entered in the agreement with the operator is must be in the limit.
2. Principle and outsider has the agreement relationship.
3. It helps the standard by sparing his assets and time.
Sorts of specialists
1. Estate specialists manage the genuine property.
2. Factors manages the unmistakable property.
3. Brokers manages the elusive property.
rupture of agreement before making any further move.
Creditor can end the agreement and interest for the early installment.
Good are recuperated by the loan boss from the borrower.
The era for making any further move by the loan boss is seven days.
The nation court has the specialist to make a request of implementation.
The day and age is likewise given to the indebted person for making installment.
P2.3 analyse the general features of Agency and differentiate between the different types of
agent.
It is the relationship which is existing between the vital and operator and they are not under any
authoritative relationship.
The general elements of the office are:
1. The gathering which is entered in the agreement with the operator is must be in the limit.
2. Principle and outsider has the agreement relationship.
3. It helps the standard by sparing his assets and time.
Sorts of specialists
1. Estate specialists manage the genuine property.
2. Factors manages the unmistakable property.
3. Brokers manages the elusive property.
4. Auctioneers manages the closeout property.
5. Commercial manages the purchasing and offering of property.
6. Directors manage the organization
P2.4 Evaluate the rights and duties of an agent to assist Ben understand her position once
he becomes an Agent.
Duties of Ben
He has trustee obligation which is identified with the genuineness and trustworthiness.
He needs to act with the direction of the chief.
He has not to take the mystery benefit.
He needs to act in compliance with common decency.
Rights of Ben
He has appropriate to take the compensation.
He has appropriate to take additional advantage.
He needs to appropriate to take eth costs from the important on the off chance that he
burned through cash.
He has right of taking pay and remittances.
Task -3
United Brands v Commission of the European Communities court of justice of the
European Communities Case 27/ 76 [1978] is choose for applying the monopoly
Competition commission role, dominant position, exemption.
P 3.1outlines the monopolies and anti- competitive practices legislations in the UK
Monopoly: if any firm has the control over the market then it turns into the genuine danger for
the rival in the market of UK. For taking the imposing business model position it is essential that
firm has
5. Commercial manages the purchasing and offering of property.
6. Directors manage the organization
P2.4 Evaluate the rights and duties of an agent to assist Ben understand her position once
he becomes an Agent.
Duties of Ben
He has trustee obligation which is identified with the genuineness and trustworthiness.
He needs to act with the direction of the chief.
He has not to take the mystery benefit.
He needs to act in compliance with common decency.
Rights of Ben
He has appropriate to take the compensation.
He has appropriate to take additional advantage.
He needs to appropriate to take eth costs from the important on the off chance that he
burned through cash.
He has right of taking pay and remittances.
Task -3
United Brands v Commission of the European Communities court of justice of the
European Communities Case 27/ 76 [1978] is choose for applying the monopoly
Competition commission role, dominant position, exemption.
P 3.1outlines the monopolies and anti- competitive practices legislations in the UK
Monopoly: if any firm has the control over the market then it turns into the genuine danger for
the rival in the market of UK. For taking the imposing business model position it is essential that
firm has
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