Comparative Analysis: UK and EU Contract & Intellectual Property Law

This report provides a comprehensive overview of UK and EU contract and intellectual property law. It begins by outlining the different legal systems within the UK, including English law, Scots law, and Northern Ireland law, as well as the emerging Welsh law. The report then delves into UK contract law, covering contract formation (agreement, intention, consideration), contract contents (express and implied terms), contract termination (expiration, breach, vitiation, frustration), and remedies (damages and specific performance). The report further examines EU contract law, including harmonization efforts, the principles of European contract law, and the formation of European contracts, emphasizing the role of agents. It then explores intellectual property rights, including copyrights, patents, trademarks, trade dress, and trade secrets. The report includes relevant references to support the legal concepts discussed.

Task 1
UK Laws
In the United Kingdom, there are a set of three legal systems, which are derived from the
geographical area and for various historical reasons, English law, Scots law, and Northern Ireland
Law. From the beginning of 2007 after the passage of Government of Wales Act, 2006, the
emergence of Welsh Law was developed. However, these are not a separate legal system but
emanating from primary and secondary legislation from the National Assembly of Wales. In essence,
there is an overlap of these legal systems based on the three legal jurisdictions of England and
Wales, Scotland and Northern Ireland. Each legal system serves each jurisdiction. Rising above this
all are the laws of the United Kingdom. The United Kingdom does not have a legal system by itself
due to its political union of previously independent countries. The existence of the three legal
systems entails; English law. It is administered by courts in England and Wales which rule both civil
and criminal cases. It is regarded as the original common law and underpins these principles (Gary,
Slapper, Kelly, David, 2017). Northern Ireland law is a common law system that is used by Northern
Ireland courts. It is similar to English law. Scots law has a unique legal system with a basis from
ancient Rome. It is grounded on unmodified law and features aspects of common law with medieval
sources. Wells law is generated through primary and secondary legislation of the national assembly
of Wales. The Welsh legislation is referred to as acts of the assembly.

UK Laws
Criminal Law
EU Law
-
Commercial Laws
Personal injury
Law
Administrative
Law
Human rights Law
Maritime law
Family Law
Employment law
Covers aspects
related to
employment
works
Intellectual
property Law
Property law
Entails buying, sale,
and transfer of
tangible and intangible
goods
Entails legal
elements of
the European
Union
Entails laws
governing
corporations
and business
Entails law of
Tort.
Entails deals arising
from sea and boat
dispute
Entail aspects
covering divorce
injunctions,
adoptions, child
abuse, domestic
abuse, cohabitation
Covers industrial
property and
trademarks
aspects
Types of laws in the UK

European Union Contract Laws Fact Sheet
- Laws are set by individual states in the European Union but the EU has harmonized aspects of contract
Laws.
- EU legislation can affect contract laws as it takes priority over national laws.
- EU has a standard contract referred to as the "Principles of European Contract Law".
Contract law and the European single market
- European Union has a single market that is designed to allow trade progress across the EU.
- EU has set rules to remove barriers and obstacles to free trade in the single access market.
- Various issues have been dealt with such as e-commerce and insurance and banking aspects
- EU does not have the authority to regulate the contract law of individual countries
- Two parties have to decide where the contract law is to be signed and its applicable jurisdiction.
- Professional legal advice is often necessary before signing a contract in another member country.
The Principles of European Contract Law
- Set of model rules which guide business contracts based on simplicity and fairness aimed at providing
solutions for issues not covered by national laws.
- Principles are available from EU languages and businesses can make agreements on their inclusion.
European contracts formation
- Elements crucial in the formation of the contract are similar to UK contract Laws.
- They entail offer making process and acceptance, confidentiality and good faith
Role of the agent in contract negotiation
- the agent's roles are an essential aspect, they are responsible for signing a contract through the creation of
a legally binding commitment to the business. In the contract law, the roles of an agent in terms of their
ability and limited roles are expounded. Further in this section authority to act is covered deeply, further
the relationship between agents and business are elaborated in this section.
The validity of the Europe contracts
- After the contract has gone through the process of offer and acceptance both particles are bounded on the
terms set. In this chapter of the contract law, elaborates on how the contract may become invalid. This can
entail factual or legal errors and if a party fails to deliver as per the agreed.
Interpretation of terms and words
- The Contract Law is written as clearly as possible to enable easier understanding for both sides. Various
versions apply to both parties. In chapter five of the Law offers the meaning of words and terms for an
agreement. The underlying rules of interpretation are based on the intended meaning.
Content clarification
- Chapter Six of the contract Law offers content on effects that are geared at clarifying elements in cases of
potential dispute, other aspects such as obligations, prices, quality and quantity re-included.
Performance obligation
- Covers the aspect of fulfillment to the act as contracted in the obligations. In this contract, the
establishment of obligations in the European contract is explained. Chapter seven of the Contract Law
offers an explanation on performance aspect in the contract terms, entailing place, time, type and form of
payment.
None performance and remedies
- Chapter seven of the Contract Law sets out an explanation of how a contract is performed with each party
fulfilling their part of the contract. In the first option, none performer is offered a window to complete
their part, if a none performer is unable to implement then remedial avenues can be sought.
United Kingdom Contract Laws Fact Sheet
Formation of a contract
- In this aspect, the contract is formed giving rise to an obligation which enforceable by law.
- 3 basic elements are essential; they entail contract agreement, contractual intention, and
consideration.
- The first requisite of a contract calls for the parties to reach an agreement, and acceptance of the
offer terms.
Offer : An offer reflects an expression of interests on specific terms which is made on
intentions of a binding role to whom it is being addressed to.
Acceptance : Acceptance is the final and unqualified assent expression on the terms of the offer.
In this avenue an objective manifestation on recipient on the intentions of
offer acceptance
Consideration : In common Law practice, the promise is not binding unless there is something to
value and consider. Consideration needs to be sufficient, from the past and move
from the promise.
Contractual attention: An agreement needs to be supported with contractual attention so as to be
binding for the creation of legal intention.
Form : The general rule that a contract can be made informally, however most contracts
are formal and in some cases, no role and written communication are needed.
Informal forms can be as binding as formal contracts.
Contract contents
Express Terms : Express terms are those set by the parties on the agreement. The parties can have
an opportunity to record their terms of the contract in one piece of document. Once
the express terms have been documented, interpretation of the terms is
addressed.
Implied Terms : Stated but can be applied in the contract can entail implied terms which have been
stated.
End of a contract
Expiration : Expiration refers to an end of a contract with the accordance of terms set either
through a fixed expiry date or right of termination.
Termination : Termination can fall in various avenues; breach, anticipatory breach and
termination for breach. Breach termination can occur in various forms;
repudiation, impossibility and substantial failure to perform.
Vitiation : This occurs in situations where parties have reached a consensus but the question
arises as to whether the existence or nonexistence of the same fact or occurrence or
nonoccurrence of some event. This can occur from misinterpretation and mistakes.
Frustration : Under this doctrine, a contract can be discharged if its formation, however after
its formation, the unforeseen event occurs leading to lack of completion of the
contract, illegal or different from what was anticipated. Frustration discharges parties
from future performance duties.
Damages and remedies
Damages are aimed at compensating the injured party for the occurred loss due to the breach of contract.
For the entitlement aspect, the injured party has to demonstrate, actual loss, type of loss or the loss not
being too remote. However, at times damages can be inadequate thus leading to specific performance or
an injunction given by a court of law.

Intellectual property rights
Copyrights Copyrights offer a creator their exclusive rights to
it for some time. Copy right however do not cover
information and ideas themselves but how they
are expressed (Simon, 2001).
Patent These are forms of rights that are granted by a
government to an inventor offering them and
excluding others from making use, selling,
improving for a specific time. An invention refers
to a specific solution to a problem that may be a
product or a process and needs to be new, not
obvious and industrially applicable (Lerner, 2008).
Trademarks Trademark refers to a recognizable sign, design or
expression which can distinguish products and
services
Trade dress Trade dress refers to a legal term that
characterizes the visual and aesthetic product
appearances or how it was packaged (Merges et
al., 2007).
Trade secrets Trade secret refers to a formula, practices, design,
instruments, and patterns of a compiled set of
information that is not known which business can
have an economic advantage over its competitors
and customers.