University Business Law Report: Sale of Goods, Credit, and Agency

This report is a comprehensive analysis of various aspects of business law, presented through a series of tasks. Task 1 delves into the legal rules concerning implied terms in the sale of goods and services, statutory provisions related to the transfer of property and possession, buyer and seller remedies, and product liability. Task 2 examines consumer credit agreements, agency law, termination rights, and default notices, providing a detailed overview of Ben's rights and obligations. Task 3 outlines UK legislation on monopolies, anti-competitive practices, and the role of the Competition Commission. Finally, Task 4 explores the protection of inventions through patent rights, copyright protection, and the comparison of trademarks and business names. The report provides a thorough examination of the legal framework surrounding business operations and consumer protection, offering practical applications and case studies to illustrate key concepts.

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Business Law
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Lecturer’s Name

Business Law
Contents
Introduction......................................................................................................................................4
Task1................................................................................................................................................5
1.1Analyse and advice Mr Ben on the legal rules on implied terms relating to the sale of
goods and supply of services...................................................................................................5
1.2Analyse and advice Mr Ben on the statutory provisions on the transfer of property and
possession................................................................................................................................6
1.3Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods
contracts...................................................................................................................................8
1.4Apply product liability statutory provisions for faulty goods.............................................9
Task 2.............................................................................................................................................11
2.1 Be able to apply the legal rules on consumer credit agreements and agency..................11
2.2 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......................14
2.3 analyse the general features of Agency and differentiate between the different types of
agent.......................................................................................................................................15
2.4 Evaluate the rights and duties of an agent to assist Ben understand her position once he
becomes an Agent..................................................................................................................16
Task -3...........................................................................................................................................17
3.1outlines the monopolies and anti- competitive practices legislations in the UK..............17
3.2 Explain the Role of competition commission within the context of monopolies and anti-
competitive practices and UK office of fair trading..............................................................19
3.3 Define dominant position with the EU common market.................................................20
3.4 consider the application of EU exemptions to potentially anti-competitive practices.....21
Task 4.............................................................................................................................................22
4.2 Outline the principles relating to the protection of inventions through patent rights and
their infringement...................................................................................................................23
4.3 Describe the principles relating to copyright protection and their infringement in a given
business scenario....................................................................................................................25
4.4 Compare and contrast the protection of trademarks and business names........................26
It helps in examination the restriction showing in which abuse of winning position and
antagonistic to forceful practices are denied by this exhibition. It helps in understanding the
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predominant position, syndication and antagonistic to centred practices through the gathered
check case and Ceres control case.........................................................................................27
References..................................................................................................................................28
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Introduction
1. The research report presented here offer the contract where BEN was aware of rights that
are provided to him when he was purchasing his auto. For proper working of any
business proper order has to be communicated and on the basis of that changes has to be
made in states of business. This report relives the buyer and the merchant.
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Task1
Study and recommend Mr Ben's legal rules on the basis of implied policies related to sale
and supply.
1 Mr. BEN who acquired auto from vendor according to the definition. In the midst of the
essential end of the week BEN took his family for a trek. Regardless he instantly found while
driving the auto did not go any speedier. It ended up being obvious that the each one of the
qualities were given in the description were false. BEN got amazingly bothered and gave
back the auto after just five days when the issues persevered. While encountering the auto
advantage history books, When BEN tried to return auto back to the Car Dealers, but vendor
declined to return, showing articulation 9 from Terms&conditions where BEN is suppose to
sign and a copy is given to him. The given assertion exhibit BEN and the shipper of the auto
are under the understanding since basic segments of offer of good contract are accessible for
the circumstances (Aaker, 2013). These are:
 Ben made the offer for the merchants.
 Dealer acknowledges the offer.
 The merchant has the expectation to offer the auto while Ben has the aim to buy it.
 Ben are merchant are not beyond their limit.
The contract that is shaped among between Ben and merchant has supreme to guarantee the
troubles against the merchant. Here in this scenario it offers an agreement expressed into area 12
to 15.
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1. Section 12: This is implemented on thing which are provided to the buyer on web. The
items must be provided with tags that are sold by seller but when merchant is not
providing any tag to stock then he is not going to get any benefit from the offer the items.
Considerable remain free from weight.
2. Section 13: Items that are given from traders to buyers should be in illustration . If item is
not glimpsed in that case it is fitting to impair . Here Ben can affirm impair in light of the
way that the auto wasn't agreeing according to description.
3. Section 14: Merchant should be pleasing about the standard of the item he has sold if it is
not fit for some reason in that case buyer is free for state of disaster through endures.
Ben is permitted for moreover attest into this situation as the auto neither in worthy state.
4. Section 15: The dealer needs to pitch the product according to the mass quality if any
great is given by the merchant in mass.
Study and Recommend Mr. Ben about statutory provisions during the transfer of property
and possession
Statutory arrangements that Mr. Ben is able to do,
Area 16: Duty of item starts with particular and then onto the next in the event that they have
learnt (Bogomolova, 2011).
Case: Healy V Howlett and Sons 1917
Area 17: Education of stock is fundamental or fixed however belongingness can only be pass
unless the party wants to pass.
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Area 18: Consist of 5 rules; however items will send to next only when party disclose the
objective of sending the stock.
Govern 1:- If certain inspirational state of mind be sold by individual in the boundless agreement
that will be helpful cooperative enjoys a reprieve of understanding.
Administer 2:- Certain cases are constrained during stock to pass the colossal it is primary
condition made by the individual.
Manage 3:- Certain incredible proprietorship trading has to be weighed and measured.
Manage 4:- Offering certain incredible support or return start as essential further it cannot be
sold unless underwriting or return preface done by the person.
Control 5:- It doesn't affect if items are unascertained or boundless its proprietorship should be
transmitted.
Area 19: If offers for colossal are provided by the seller and after that he include benefit of
holding the tag to customer.
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Segment 20: If seller offers considerable during that threat for colossal is moved to customer.
Analyse the statutory provisions on customer’s and dealer’s remedies during the
purchasing of items agreement
Solution for Ben
 In the event that he spent any costs then he has ideal to recover the costs which is paid by
him.
 He is able to get back troubles unless great is conveyed.
 He is able to get for particular execution (Cadle et al., 2014).
 He has ideal to healing of their exchanged harms.
Remedy of seller
 On the off chance that he realizes that purchaser winds up noticeably removed as ideally
terminate the products during travels.
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 He can cancel the request of buyer.
 He has the right to recuperate the merchandise if purchaser not making payment.
 He can acquire the request of the particular act.
Apply product liability statutory provisions for faulty goods
What are defective goods?
The considerable which makes them insufficiency in quality and sum which made the disaster or
damages the buyer is known as the damaged great. The great incorporate any power item, any
fragment of the thing and so on the person which are accountable for the defective extraordinary
are the creator, supplier, distributer of the great if any individual endures through any damage
then they are at danger of the damages and adversity which persisted by the purchasers.
The rules of product liability are
1. Consumer protection act 1987
2. Contract
3. Tort
The person claiming under the above mentioned rules has to prove the following,
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1. The product is faulty in nature
2. The product caused harm
3. Defendant under legal responsibility
Under the consumer protection act 1987 the offended party record suit against the prosecutor yet
he needs to show that the great is imperfect; he has no convincing reason to show different
things. It is satisfactory that great is not perfect (Donoghue, 2013).
Under the agreement law annoyed party needs to exhibit that the item is defective and break the
legally restricting responsibility which is constrained upon the respondent at the period of going
into the agreement.
Under the tort law annoyed party needs to exhibit that the respondent is under the hazard for
making the split open of his commitment and done indiscretion. He was not taking the sensible
care while manufacturing the item.
Task 2
INTRODUCTION
The present report make analysis on the legal rules on consumer credit agreements and
agency and various types of credits, it make analyze on the rules on termination rights and
default notices.
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2.1 Be able to apply the legal rules on consumer credit agreements and agency
Individual can accept the credit or affirmation from ten other people. In any case, he needs to pay
back the money to the business when the time is over. Business charges the energy upon the
credit which is given to the record holder. The bank is consistently expecting that he get the
energy from the obliged people. The customer’s interest is protected from the advance experts,
by the institution which is known as the consumer credit act 1974.
There are various types of credits like,
Hire purchase
 It is mainly raised when the customers take control of the property from the real owner of
the property.When the time period is over, Ben has to pay the sum of money. Case:
Helby v Matthews 1895
Credit sale
 Ben has the ability to transfer the ownership to the other person. If any creditor is not able
to make the full payment then they will be used by the creditor for the default of
payment.
Credit card
 Ben can take the credit card from the bank where there is no charge of interests.In the
cases of charge cards there is no limit but Ben has to pay the full amount every month.
The retailer has some limitations while using the cards.
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Condition sale
 In this field of the contract the party has to purchase the item when the contract is over.
Ben has the right to transfer the title of the items. The feature of the hire purchase is
included but it is not favourable by the individuals.
Bank loan
 The overdraft facility is available from the bank where the bank charges some interest for
the over draft facility. By mortgaging something Ben can take loan from bank. In this
case the interest charges are there. Ben can also take personal loans where the bank
charges high amount of interest.
Debtor-creditor-supplier agreement
 Both creditor and supplier have some sorts of business connection among them. When
the creditor enters the contract with the supplier there are some past future arrangements.
Shop budget accounts
 Ben can take the money from the large shops and when the time period is over he has to
pay the money back There is a limit on the use of the credit and the money must be
returned. The monthly interest must be paid by Ben.
Debtor-creditor agreement
 There is no connection in the field of business between the creditor and the supplier.
Creditors are not entered in with contract with the supplier in the case of any future and
past set up (Expanding opportunities for women entrepreneurs, 2008).
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