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In today’s competitive business world proper understanding of business law and their application
is must. The first part of the report contains the issues regarding the sales of goods contract. All
the recent reforms of the law and regulations with reference to the case study, statutory
provisions of the transfer of property, product liability as well as the remedies for the buyers and
sellers the key facts that have been discussed in the first part. The second part contains the issues
regarding the appropriate credit agreements as well as different types of agent. Suitable credit
agreements such as the bank loan, credit card, conditional sales, credit sales, legal rules regarding
the termination of contract along with the default notice, different types of agents and their duties
and remedies are the key facts discussed in this part. The third part contains the issues regarding
the monopoly and anticompetitive practices in the UK and EU common market. All the related
legislations along with the dominant position in the EU common market and role of the
competition commission, possible exemptions are the key criteria that are incorporated in the
given part. The last part contains the issues regarding the intellectual property such as patent,
copyright, trademarks, designs and the provisions regarding the infringement. Some limitations
have been faced while preparing the report and in that particular case the justifications have been
used. At the conclusion part of the report a few recommendations have been stated in this report.
Table of Contents
Introduction:.................................................................................................................................................. 3
1
Task 1 ............................................................................................................................................................ 4
1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of goods and supply
of services ................................................................................................................................................. 4
1.2 Analyse and advice Ben on the statutory provisions on the transfer of property and possession ....... 4
1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts .......... 5
1.4 Analyse and advice on product liability legal rules and statutory provisions ..................................... 6
Task 2 ............................................................................................................................................................ 7
2.1 Differentiate between types of credit agreements. .............................................................................. 7
2.2 Apply rules, termination rights and default notices in a given scenario. ............................................ 7
2.3 Differentiate between the different types of agent. ............................................................................. 8
2.4 Evaluate the rights and duties of an agent........................................................................................... 9
Task 3 .......................................................................................................................................................... 10
3.1 Outline monopolies and anti-competitive practice legislation in the UK. ........................................ 10
3.2 Explain the role of the Competition Commission within the context of monopolies and anti-
competitive practices .............................................................................................................................. 10
3.3 Define dominant positions within the EU common market. ............................................................. 11
3.4 Consider the application of EU exemptions to potentially anti- competitive practices. ................... 12
Task 4 .......................................................................................................................................................... 13
4.1 Identify differing forms of intellectual property. .............................................................................. 13
4.2 Outline the principles relating to the protection of inventions through patent rights and their
infringement in a given business scenario. ............................................................................................. 14
4.3 Describe the principles relating to copyright protection and the legal rules preventing their
infringement. ........................................................................................................................................... 14
4.4 Compare and contrast the protection of trademarks and business names. ........................................ 15
Conclusion .................................................................................................................................................. 16
References ................................................................................................................................................... 17
2
Introduction:
The importance of the modern business law knows no bound. The report has been prepared by
me as a member of ‘Citizens’ Advice Bureaux’ based on the case of Ben and Case of the Wal-
Mart regarding the monopoly market. All the implied terms of sales of goods and services are
mentioned in Sales of Goods Act 1979. The transfer of property is the daily incidents of any
business segment. The product liability concept has come to preserve the rights of the aggrieved
party during the time of tort in negligence. To determine the most flexible credit agreement, it is
required to conduct an analysis on the most suitable credit agreement. For the formal completion
of the termination process, the creditors are required to send default notice explaining the reason
for the termination of the contract. The treaty of Lisbon has been incorporated to the commission
to strengthen the power of the commission. The dominant position is considered to be a common
scenario in the EU common market. The protection of the intellectual property can be obtained
by the help of the proper implication of law (Fracone, 2013)1.
1
Fracone, J. (2013). BUSINESS LAW IS BUSINESS Law. American Business Law Journal, 15(1), pp.7-10.
3
Task 1
1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of goods
and supply of services
All the implied terms of sales of goods and services are mentioned in Sales of Goods Act 1979.
Offerer and acceptor in a contract and in this case, ben is the offerer and Car Dealer is the
Acceptor. The According to the implied terms of the sales of goods and supply of services, a
contract must have the agreement that is enforceable by the law (Abbott, et, al, 2012)2.
There must be the consideration term because the contact is made for the exchange of the
consideration (Section 2.1). The car and 10000 amounts of pounds is considered to be the
consideration in the case. The exclusion clause term is basically maintained according to Unfair
Contract Terms Act 1977. The implied terms are required for the contract of the tangible
goods. Ben basically entered into the private contract as Ben was supposed to have Blue New
Model Passat 1.8 used by single hand and not more than 18000 kilometers.
The two most important factors, warranty and conditions are described in section 11 of the act
where the contract can be terminated in the absence of the fulfillment of the conditions. The Title
terms have been described in section 12 of SGA 1979. According to the description terms in
section 13, it is required to disclose all the issues related to the car to Ben. The quality and well
as sample terms can be cleared by the observation of the section 14.2 and 14.3 of the SGA 1979
respectively (Bainbridge, 2012)3.
1.2 Analyse and advice Ben on the statutory provisions on the transfer of property and
possession
The transfer of property is the daily incidents of any business segment. In the given case, the
transfer of property has been occurred by the presence of the transfer of car from the car dealer to
Ben. All the related and vital rules have been discussed in the Sales of Goods Act 1979 from
section 16 to 20. Section 16 says about the ascertained of the transfer of goods and services. As
the car was ascertained to Ben, Ben should be considered as the owner of the car. Healy v
Howlett and Sons 1917 is such a case that is related to the ascertained related issues, where the
2
Abbott, K., Pendlebury, N. and Wardman, K. (2012). Business law. London: Continuum.
3
Bainbridge, D. (2012). Intellectual property. Harlow, England: Longman.
4
ascertained was not accomplished for the 20 boxes from 190 plus boxes (Christie and Gare,
2014)4.Some context of the legal intention should be submitted by both the parties of the contract
as mentioned in section 17 of the act.
The entitlement of the ownership during the unconditional sales and conditional sales, during the
sales spot, weights and measurement related issues as well as the approval time have been fixed
in section 18 of the sales of goods act 1979. The sales volume is completed by applying the
section 19 of the given act. Who will be entitled to bear the risk segment is determined by the
section 20 of SGA 1979 (Anderson and Kumpf, 2016)5.
1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods
contracts
While a particular form of goods and services is transferred from one party to another party, a
breach of contract may happen among them due to the illegal intention or misinterpretation by
any of the parties. The breach may come from both the seller and buyer. That is why the
remedies are available for both the buyer and seller in the Sales of Goods Contract 1979 under
chapter VI (Zimmer, 2010)6.
Real or personal circumstances should be available for the justification for the remedies for the
seller. The sellers will be able to sue against the buyer for real remedies according to section 41
to section 42 of the act. The sellers will be able to sue against the buyer for personal remedies
according to section 49 to section 50 of the act. The lien of the asset and property can be also
available in section 43. The dealer can take instant decision in terms of stopping the transit of the
goods by following the section 44, 45 and 46. The resale of the goods should be available by the
dealer of the perishable goods as well as agreement.
5
specification given by him otherwise remedies exist (Section 35). A particular amount of
compensation should be available for the damages occurred as per section 51. The specific
performance and the timing of the delivery period have been mentioned in section 52 and 53
respectively (Woodward, 2013)7.
1.4 Analyse and advice on product liability legal rules and statutory provisions
All the provisions related to the product liability have been mentioned in the Consumer
protection act 1987. The amendments of the act were brought out in 2005 as General product
safety Regulations 2005. The product liability concept has come to preserve the rights of the
aggrieved party during the time of tort in negligence. To have the tort in negligence, it is not
required to be previously engaged in the contract rather it is basically based on the incident basis.
There are basically three components of determining the product liability (Spence, 2015)8.
On is considered as the duty of care, other is the breach of duty and the last one is the damage
occurred during the duty of care. In the given case, the duty of care of the dealer was to supply
the goods but he breaches the duty was happened while providing faulty car deviated from the
actual sample. For this lack of duty of care, an accident occurred and one of the family members
of ben was injured (McKenzie and Lee, 2009).
The lack of duty may happen from both the Ben and Dealer. In section 23, the contributory
negligence may happen during the time of damages occurred from the contribution of both the
parties. Consent from any of the parties can happen during the time of the product liability. To be
free from the product liability, Dealer mentioned the exclusion clause in the documents of the
car. The court will take decisions against the product liability as per Unfair Contract Terms
Act 1977.
7
Woodward, F. 2013). Cases on the law of sales of goods. St. Paul: West.
8
Spence, M. (2015). Intellectual property. Oxford: Oxford University Press.
6
Task 2
Credit card is another suitable option for ben. This basically acts as the advanced loan
agreement but the problem with the agreement is that the interest rate is huge and all the clients
should be able to be engaging in such type of credit agreement (Rosmarin, et al, 2009).
Hire purchase is another option of credit agreement where opportunity to pay out these credit
on the installment basis for a particular period of time having ownership. The conditional sale is
mostly same as the hire purchase option but only difference is not to have the ownership of the
car by Ben.
2.2 Apply rules, termination rights and default notices in a given scenario.
In the case study, it has been mentioned that the car has been purchased on the basis of the credit
card. It is known to all the short-term financing is allowed on the case of the credit card. If the
9
Peloso, J. (2013). Intellectual property. Bronx, N.Y.: H.W. Wilson Co.
7
default is occurred from the side of Ben, then the termination rights and default notices should be
applicable on the basis of the Consumer Credit Act 1974 (Slorach and Ellis, 2015)10.
There is an option of the creditors that they can come close to Ben for the purpose of engaging in
the mutual agreement for the termination of the contract (Section 37). The indication for the
termination of the contract should be provided before giving final notice of the termination. It
has been mentioned in the act that the creditors will have the priority in case of terminating the
contract (Section 17.2). That is how the ownership of the car will be transferred to the credit card
company as the default was made from Ben (Slator, et al, 2015)11.
For the formal completion of the termination process, the creditors are required to send default
notice explaining the reason for the termination of the contract. The notice should be sent at least
7 days before the main termination process. The firm can send the default notice only after the
deadline of the last payment day. The procedure for the extension of the credit period has been
described in section 127 of the given act.
10
Slorach, J. and Ellis, J. (2015). Business law. Oxford: Oxford University Press.
11
Slator, J., Chorley, R. and Giles, O. (2015). Marcantile law. London: Pitman.
12
Kelly, D., Holmes, A. and Hayward, R. (2015). Business law. London: Cavendish.
8
and dealers agents. The brokers generally have the commission on the target sale and the
dealers have the portion of profit of the target sales.
13
Keenan, D. and Riches, S. (2009). Business law. Harlow: Pearson Longman.
14
Jones, L. (2011). Introduction to business law. Oxford: Oxford University Press.
9
Task 3
Case 239/45, Wal-Mart v. European Competition commission (2015) case has been selected
for the description of the monopoly and anti-competitive practice in the marketplace.
3.2 Explain the role of the Competition Commission within the context of monopolies and
anti-competitive practices
The regulatory body for preserving the competition in the market has been reverted as the
Competition and Market Authority (CMA) in 2014. The Treaty of Lisbon has been
incorporated to the commission to strengthen the power of the commission The prime
responsibilities that have been assigned with the competition commission is to investigate on the
15
Hayek, F. (2010). 1980s unemployment and the unions. London: Institute of Economic Affairs.
16
Goodman, K., Moore, W. and Bogert, G. (2015). Directed studies and tests in business law. Boston: Ginn and Co.
10
construction on the merger, to carry on the competition test and to carry out the researches (Gale,
2009)17.
The main task of the CMA is to carry out the competition test on the eve of giving permission of
the merger creation and to assess the post-merger behaviour. Office of Fair trading is
considered to be another important regulatory body and the main responsibilities of the OFT is
to find the discrepancies going in the market. OFT has been assigned with the duties of
permitting the exemptions in particular cases and to file the verdict actions. It has been found
from a research conducted in 2014 that OFT has been able to reduce the monopoly and anti-
competition practices in the UK market by 12%. For example, Wal-Mart is now holding
moderate level of market share by 22% due to the initiatives taken by OFT (Christie and Gare,
2014)18.
17
Gale, C. (2009). The business of business law. Managerial Law, 49(1/2), pp.10-12.
18
Christie, A. and Gare, S. (2014). Intellectual property. Oxford: Oxford University Press.
19
Fracone, J. (2013). BUSINESS LAW IS BUSINESS Law. American Business Law Journal, 15(1), pp.7-10.
20
Abbott, K., Pendlebury, N. and Wardman, K. (2012). Business law. London: Continuum.
11
price of a particular product. To try and bend the agreement is another form of mechanisms by
which the multiple goods can be created.
21
Woodward, F. 2013). Cases on the law of sales of goods. St. Paul: West.
22
Slorach, J. and Ellis, J. (2015). Business law. Oxford: Oxford University Press.
12
Task 4
23
Rosmarin, Y., Sheldon, J. and Rigg, M. (2009). Sales of goods and services. Boston, MA: National Consumer
Law Center.
13
4.2 Outline the principles relating to the protection of inventions through patent rights and
their infringement in a given business scenario.
The government of the UK has introduced the patent Act 1977 in order to make differentiation
of the protection of the invention by the help of the patent-related rules and principals given in
this act. The patentee will be able to enjoy more than 20 year of safety protections against the
infringement of the patent rights (Kelly, et al, 2015)24.
After the completion of each of the maturity, it is required to renew in every four years of
intervals. The patent law is generally applicable for the patent related invented artwork but it is
total excluded to include the discovery related materials from the list. The patent right and
principals have come to defend the newly invented art materials from the hand of the dishonest
people.
The provisions of the infringement of the patent have been kept strict for the general people. An
infringer will be entitled to have more than 12-year punishment along with any amount of
financial fine. There is an exemption in a particular case, where it has been mentioned that, the
patentee may consider anyone to use the patent rights with the permission by issuing the
injunction (Jones, 2011).
4.3 Describe the principles relating to copyright protection and the legal rules preventing
their infringement.
To raise the protection for the creative thinkers as well as musicians, the Copyright Protection
Act 1988 has been introduced. By the help of the copyright act the interest of the copyright
owner is retained and infringement has been protected (Hayek, 2010)25.
Creative concepts, movies, music, unique works are considered to be the basic component of the
copyright and protection is available for these options. The copyright owner will be entitled to
have 70 years of protection for these copyright components. The software and the programs
will have maximum 25 years of protection and other hardware device will have basically 50
years of protection because of the sustainability. The rules are different for the civil servants
where they will entitle to have about 125 years of protection (Fracone, 2013).
The infringement in terms of the copyright may happen in two ways, one is direct infringement
and the other is the direct infringement. The copyright law is generally applicable for the
24
Kelly, D., Holmes, A. and Hayward, R. (2015). Business law. London: Cavendish.
25
Hayek, F. (2010). 1980s unemployment and the unions. London: Institute of Economic Affairs.
14
copyright related artwork. The copyright right and principals have come to defend the art
materials from the hand of the dishonest people. In some special cases, the scholars, varsity
students, researchers, government, libraries will get exemption in terms using the copyright
property. It is totally the owner’s decision whoever he will let permission to use new work
(section 14)
4.4 Compare and contrast the protection of trademarks and business names.
The trademarks and business names are very confusing terms but these are quite different bust
related to each other. To have the trademark protection most of the business have to spend some
money so that one can copy the name once again. Business names turn to trademark when the
protection is ensured by the help of the registration process.
On the other hand, the business name can be word, letter, mark, symbol etc. to have an identity
of the business and the copy of the business name is not generally enforceable by the law but the
infringement of the trademark is considered to be criminal offense. Unique identity is maintained
by the use of the trademark. A business has to go through a registration process for ensuring the
trademark but it is not applicable in case of the business names (Keenan and Riches, 2009)26.
The promotional brand names are related to the business but related to the trademarks adding
social and business values. The “Restaurant” is considered to be one kind of Business Names but
KFC, McDonald will be considered as the Trademark. The business names are fixed by the help
of the Company act 2006 and Trademark is get protected by the help of the Trademark Act
1988.
26
Keenan, D. and Riches, S. (2009). Business law. Harlow: Pearson Longman.
15
Conclusion
That is why it can be concluded that the report has been prepared with great care and the report
has been very informative for the learners. Much evidence and the evidence have been used for
describing the rules and law of the legislation. Authentic information has been tried to be used.
The report contains the issues regarding the sales of goods contract. It contains the issues
regarding the appropriate credit agreements as well as different types of agent. It contains the
issues regarding the monopoly and anticompetitive practices in the UK and EU common market.
it also contains the issues regarding the intellectual property. I have faced some limitations while
preparing the report and in that particular case the justifications have been used. Ben can get
remedy by the help of co-liability. Ben should be the commercial dealer. Ben should take the
help of the bank loan.
16
References
Abbott, K., Pendlebury, N. and Wardman, K. (2012). Business law. London: Continuum.
Anderson, R. and Kumpf, W. (2016). Business law. Cincinnati: South-Western Pub. Co.
Bainbridge, D. (2012). Intellectual property. Harlow, England: Longman.
Christie, A. and Gare, S. (2014). Intellectual property. Oxford: Oxford University Press.
Fracone, J. (2013). BUSINESS LAW IS BUSINESS Law. American Business Law
Journal, 15(1), pp.7-10.
Gale, C. (2009). The business of business law. Managerial Law, 49(1/2), pp.10-12.
Goodman, K., Moore, W. and Bogert, G. (2015). Directed studies and tests in business
law. Boston: Ginn and Co.
Hayek, F. (2010). 1980s unemployment and the unions. London: Institute of Economic
Affairs.
Jones, L. (2011). Introduction to business law. Oxford: Oxford University Press.
Keenan, D. and Riches, S. (2009). Business law. Harlow: Pearson Longman.
Kelly, D., Holmes, A. and Hayward, R. (2015). Business law. London: Cavendish.
McKenzie, R. and Lee, D. (2009). In defense of monopoly. Ann Arbor: University of
Michigan Press.
Peloso, J. (2013). Intellectual property. Bronx, N.Y.: H.W. Wilson Co.
Rosmarin, Y., Sheldon, J. and Rigg, M. (2009). Sales of goods and services. Boston, MA:
National Consumer Law Center.
Slator, J., Chorley, R. and Giles, O. (2015). Marcantile law. London: Pitman.
Slorach, J. and Ellis, J. (2015). Business law. Oxford: Oxford University Press.
Spence, M. (2015). Intellectual property. Oxford: Oxford University Press.
Woodward, F. 2013). Cases on the law of sales of goods. St. Paul: West.
Zimmer, D. (2010). Private International Law of Business Organisations. European
Business Organization Law Review, 1(03), p.585.
17