Business Law Sample Assignment

Business Law Sample Assignment

Introduction

There are various laid down in this Business Law Sample Assignment related to the sale of good contract in which buyer and seller remedy is laid down. The provision which is related to the transfer and passion of property is mentioned.  The role of competition commission also helps the prohibition of the abuse of dominant position and anti-competitive agreements.

Task-1

P1. Be able to apply the main principles affecting the legal relationship between business organisations and their consumers

P1.1 Analyse and advice Mr Adam on the legal rules on implied terms relating to the sale of goods and supply of services

Mr. Adam purchases the television from the departmental store. After the three weeks the screen of the television flash and puffs of smoke is come. Before purchasing the television set the manager told him that television is very goods in quality and very long durability. So Adam can claim for the damage which is suffered by him.

Any person who enters in to the contract for selling of goods then sale of good is applied on the sale of good contract. The sale of good contract is applied on the offer, acceptance, consideration etc. Under the sale of good the individual is agree to sell the goods to the other party for consideration price.

1. Offer is made by the Adam and departmental store accept the offer.
2. The price of the television set has to be given to the departmental store.
3. Both parties have intent to sell and purchase the goods.
4. Both are not minor.

So according this the sale of good contract is made between the parties, and he have right to claim damages.

When any person enter in to agreement under the sale of good contract there are implied terms is exist which is not necessary to stated in the contract.

1. Section 12:  This section is applied to all the sale of good contract. It deals with the title of the goods.  It covers the contract which is made by the individual by purchasing the goods online, through shops. The seller can only sell the goods on which he has the title. The stolen goods cannot sell by the seller. The good which is sold by the seller it must free from any charge like stolen. If any burden is on the good then it is the duty of the seller to disclose the burden.
2. Section 13: The goods must be in according with the descriptions. If any good which is inquired and seen by the purchaser then he cannot claim under this section.
3. Section 14:  when the seller sells the good it must be in good quality and fit for the purpose. If the goods are not satisfactory then the plaintiff can claim under this section.
4. Section 15: The goods which are sold by the seller must be in according with the sample of the goods which was sent in bulk, like good must be free from any defect, unsatisfactory quality.

So Mr. Adam file suit against the defendant on the above implied term under section 14.  [Austen-Baker', R. (2015)]

P1.2 Analyse and advice Mr Adam on the statutory provisions on the transfer of property and possession

 Mr. Adam can apply these statutory provisions when he transfers the property and possession.

The contract is made by the parties for exchanging the goods in money. The buyer has to give the return the price money to the seller under the contract.

The SGA 79 laid down the rules which is helps in examined that which property is passed. The rule of SGA 79 is depending on the property which is passes.

1. Specific goods
2. Ascertained goods

Section 16 to 20 which is helps the Mr. Adam to solve his query when he transfers the property and possession.

Section 16: If the goods are ascertained then ownership of the good is transferred,

Section 17:  if parties have intention to passing the goods then the good will be passing. It does not affect whether the goods are certained or ascertained.

Section 18: the goods will be passed at the intent of both parties.

RULE 1:- Specific good will not passes if the thing is done for the specific good and until it is not done.

RULE 2:- The property will pass which is related to the specific good in the unconditional contract.

RULE 3:-The specific good has been weighed and measured before the transfer of ownership.

RULE 4:- If the specific good is sold on the approval or return basis then it is needed that done the approval or return basis or show ant act which believe that approval or return basis is done.

RULE 5:- The ownership of the property will be transferred to the buyer where goods are unascertained or unconditional.

Section 19:  The seller has the right under this section in which he can exercise his right by disposing the good title.

Section 20: The risk is also transfer from the seller when the good is purchased by the buyer.

P1.3 evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts

Buyer remedy

1. Rejection of goods: buyer can reject the product which is not in the satisfactory quality or not delivered on certain date and time.
2. Cancel: He has the right to cancel the order.
3. Damages:  He has the right to recover the damages from the seller for non- delivery of goods.
4. Recover: he has right to take the identified goods.
5. He has right to recover the liquidated damages.
6. He has right to claim the damages which is suffered by buyer in any manner.

Seller remedy

1. Seller can stop the good in transits if he get information that buyer is insolvent.
2. Seller cam claim for the damages if buyer did not accept the goods.
3. Seller has to right to claim damages if buyer did not make payment on time.
4. He has right to resell the goods.

P1.4 apply product liability statutory provisions for faulty goods

Defective product

Product is the goods, electricity, and any part of the goods, raw material etc. if any raw material, any component of the finished good is defective then manufacturer of the finished goods and raw material will be responsible for any bodily injury, damages, economic loss is suffered by the individual.

The injured party can file suit against the party which are mentioned below.

1. Manufacturer
2. Supplier
3. Retailer
4. Distributor

Under these three laws injured party can file suit.

Under the consumer protection act 1987: if any person suffers any damages then under this act he can claim the damages against the defendant. The person has no need to proved that damages has been suffered by him due to the negligence or breach of his duty but he has to proved that product which he buys is the defective in nature. If it proved under the court of law then he get the damages.

Under the contract law: The parties who are entering in to the contract also claim the damages which he suffered. If any person buys the goods then under the sale of good contract they binding with each other and it includes implied term in which seller has to provide the goods according to this. If goods is not according to them then he will sued by the buyer.

Under the tort law:  under the tort law the third party has also right to claim the damages against the person who breach the contract. In this there is no need of contractual relationship is exists.

Task 2

 P2 be able to apply the legal rules on consumer credit agreements and agency   

P2.1 Differentiate between types of credit agreements which Claire could use to obtain the new car.

In this individual borrow the money from the business for the specific time period. The borrower has to pay the interest. The debtor interest has been protected by the consumer credit act 2006.

Hire purchase: In hire purchase credit agreement the consumer is real owner when he takes the possession of the good. The good cannot transfer to the third party. [Saharay', D. (2015)]

Conditional sale: The consumer can pass the goods to the third party. the buyer purchase teh goods after fulfilling the certain condition. [Aquacard.co.uk, (2015)]

Credit sale: In this the ownership and possession has been transferred to the third party. The ownership and possession of the good is transfer when the contact is start. [Aquacard.co.uk, (2015)]

Bank loan: The consumer can also take the bank loan. He has overdraft facility is available, in which they have to pay the interest. Ordinary loan is also can taken by the consumer but at the certain interest rate. [Aquacard.co.uk, (2015)]

Credit card: The consumer can also sued their credit card when they have need of loan. [Aquacard.co.uk, (2015)]

Shop budget accounts: Claire can also take the loan from the shop budget account. In which they spend the amount with the certain limit which is mentioned along with they have to pay the interest rate. [Aquacard.co.uk, (2015)]

Debtor- creditor – supplier agreement: In this the creditor made the contractual relationship between the supplier and himself or which is basis on the past and future arrangements. In which they have the transaction of financing the money between the debtor and creditor. In this both have business connection. [Aquacard.co.uk, (2015)]

Debtor- creditor agreement: In this the creditor is not made the contractual relationship between the supplier and himself or which is basis on the past and future arrangements. In which they have the transaction of financing the money between the debtor and creditor. In this creditor and supplier has no business connection. [Aquacard.co.uk, (2015)]

Restricted and unrestricted use: In restricted use the debtor can use the credit money in the specified purpose. [Aquacard.co.uk, (2015)]

Unrestricted money is that in which the debtor can use the credit in any other purpose.

So Claire can use the above credit agreement which is best suited to him when she purchases the car on loan. (legislation.gov.uk, 2015)

P2.2 Analyze the rules on termination rights and default notices for Claire to be informed in case she subsequently has trouble paying the debts as required in the contract.

If Claire has any problem with the payment of debts then she has the right to terminate the contract.

Rules regarding the termination right

1. The termination right has been given to both buyer and seller; they can terminate the contract if they face any problem with the payment of credit.
2. The debtor can file the early settlement under section- 94 to 97
3. When termination has been made by the debtor then debtor has to return the goods to creditor under section 98 to 101.
4. The minimum amount which has to be paid by the debtor if it is outstanding.
5. Termination can also be made if debtor breaches the contract.

Default by debtor

• If breach has been made by the debtor then creditor has to give the default notice to the debtor before taking further action against him.
• The agreement can be terminated on the demand for the early settlement 
• The creditor can recover the property or any goods from the debtor.
• The rights of the debtor have been terminated with the termination of the contract.
• The time period which is allowed is 7 days.
• Under section 127 the country court has also power to give enforcement order.

P2.3 analyse the general features of Agency and differentiate between the different types of agent.

 Agency is that in which the relationship of the principal and agent has been exists. The agent is act upon the principal and he is not enters in the contract with the third party.

The three general feature of the agency are:

1. The agent is not liable of any breach of contract.
2. Agent is not enters in the contract.
3. He acts within the limits of the power.
4. The sources and time of the principal is saved.
5. The relationship between the principal and the agent is not under the contract.

Types of agents

1. The person who deals with the tangible property on the owner behalf is the estate agents.
2. The individual who handle the tangible property is known as the factors and with the intangible property are the Brokers.
3. The person who auctions the property of the individual is the auctioneers.
4. The contractor who is independent and have power to sell and buy the good for the principal is the commercial agent.
5. The companies I handle by the directors and the partner in the company are the agents for each other.

P2.4 Evaluate the rights and duties of an agent to assist Claire understand her position once she becomes an Estate Agent.

The rights and duties of an agent are

1. She has to act honestly without taking any secret profit.
2. She has to take the reasonable precaution which is necessary.
3. She should show the accounts of profit honestly.
4. She has to perform according to the guidance of the principal.
5. She has to obey the principal.
6. She has right to take the remuneration and any other expenses which is made by the agent.
7. She get the salary and allowances.

Task -3

I choose the case of United Brands v Commission of the European Communities court of justice of the European Communities Case 27/ 76 [1978]

LO3 Understand the legal rules relating to monopolies, mergers and anti-competitive practices. Students should be able to;

P 3.1 outlines the monopolies and anti- competitive practices legislations in the UK

The competition helps the customer by providing the lower price product in good quality. The company who covers the larger part of the market leads to monopoly or the dominant position of the firm.

Monopoly is that in which the one single supplier has the control over the market by 25% or more it is known as scale monopolies and complex monopolies.  The company who is provided by the government monopoly right are the royal mail, postal services. [Businesscasestudies.co.uk, 2015]

The main objective of the competition legislation in UK

1. The anti-competitive agreements are prohibited which have effect upon the free trade and competition in the market.
2. Abuse of dominant position is also prohibited by the legislation of Uk, which abuse the consumer by imposing the unfair trade conditions. Etc.
3. It also gives guidance for the merger and acquisition. [Businesscasestudies.co.uk, 2015]

Competition Act 1998: This legislation introduced the new provision which is established for the prohibitions of the anti- competitive practice and abuse of dominant position. If any person files appeal in the competition appeal tribunal can claim damages and enforcement body has the power to imposed fines on the competitor for 10%.

It laid down prohibition with the treaty of Rome in articles 81 and 82 now they are 101 and 102 in the treaty of Lisbon in 2009.

Enterprise Act 2002: This act is also making a number of changes in the CA 1998. They introduced various legislation which gives strength to the competition law of the Uk. The function of office of fair trading is regulated by the competition and market authority in 2014. [businesscasestudies.co.uk, (2015)]

Under article 82 of the EU the United Brand which is stated in the EC competition laws that the company is in the dominant position. It covers the different kind of abuse which is stated under article 82. [Reckon.co.uk, 2015]

P 3.2 Explain the Role of competition commission within the context of monopolies and anti- competitive practices and UK office of fair trading.

Role of competition commission

• Competition is the main body which is responsible for the regulation of the competition legislation in Uk.
• Form 2014 April this body is known as the competition ad market authority.
• They provide remedy to the individual.
• Treaty of Rome 1957 is the main source of the competition commission which is amended by the treaty of Lisbon 2009.
• Competition commission prohibited the anti- competitive agreement which is in the article 101 in the treaty of Lisbon, and also prohibited the abuse of monopoly or the dominant position in the market in article 102 in the treaty of the Lisbon.

Office of fair trading: They take decision making which was enforced by the court and they also published their advice and information which is necessary. The office of fair trading has the power to take enforcement. [Businesscasestudies.co.uk, 2015]

The court of justice held that the company is in the dominant position; they abuse their dominant position by refusing that they will not supply the goods, and also charging the different price from the different customer. They also defeated the decision of the competition commission that firm exploit the abuse for deficiency of reason and limits. [Reckon.co.uk, 2015]

P 3.4 Define dominant position with the EU common market

The firm is in the strength position in the market which has control 50% over the market. In UK and EU if any person abuses the dominant position will be illegal business strategy in the market. The dominant firm exploits their customer by imposing the unfair trade conditions on the consumer when they buy the goods.

According to the EU common market of article 82 the trade interest is protected by the European treaty. But this treaty protects those who are the member of the European treaty. The European treaty prohibited the unfair trade practice which has the negative impact on the trade. The dominant position is also prohibited by this treaty. [businesscasestudies.co.uk, 2015]

Under the EU treaty there are few instruments which stated that the firm is in the dominant position.

1. If any dominant firm imposed the certain restriction on the trade of the goods.
2. They sell their goods below the cost of the goods.
3. The firm imposes certain which are fulfilled by the customer for purchasing the goods.
4. Charging different price from different customer. [businesscasestudies.co.uk, 2015]

The United Brand is in the dominant position, they imported the American Bananas. They supplied the unripe bananas to the distributor for selling in the various EC countries. The distributor sell the green bananas to the seller and the bananas which are ripening used for their own purpose. In 1975 EC found that the united Brands abuse their dominant position. Company argued that they did not infringe the article 102 of EU. [Reckon.co.uk, 2015]

P3.4 consider the application of EU exemptions to potentially anti-competitive practices

• Individual exemption-The firm who practice the anti-competitive practice proved that these practice helps in the economical development and have no effect upon the competition in the market. This exemption is applies on the firm which have individual transaction.
• Block exemption - Block exemption is that which is applied on the agreements which is meet the individual exemption conditions.
• Parallel exemption - This exemption is applied on the firm which includes both individual and blocks exemption, and also has the involvement in the member states.

The United Brand has no exemption. The court held that they are in dominant position and also exploit their position by price discrimination, refused by the company for supplying the bananas. [Reckon.co.uk, 2015]

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Task 4

I choose the Ceres Power is the company of the alternative energy which develops the fuel cell technology for the residential sector

LO4 Know key provisions relating to intellectual property rights: Students should be able to;

P4.1 Identify differing forms of intellectual property

Intellectual property is that in which the new creative work is protected, which in the form of physical appearance. The intangible property is protected by the laws and statutes. The owner gets protection through the laws which are regulated by the EU laws and also with the international law. Intellectual property falls in these four main categories. [Ipo.gov.uk, (2015) (a)]

1. Patent: The invention must have industrial use. It is regulated by the patent act 1977. The time period of the patent protection has been given for the period of 20 years. The person who has the right can sell; make copy of the patented invention.
2. Copyright:  Copyright is the work which is recorded in any manner. The exclusive right is given to the owner of the work. When any person get the copyright then he automatically get the international right.
3. Designs:  Designs rights are given for the new 3D functional designs. The time period is given for the protection is the 15 years.
4. Trademark: Trademark can be any name, slogan, colour, symbol or any other unique device which distinguish the goods from one to another person. (ipo.gov.uk, 2015)

The professor of Imperial college of London Brain Steele has worked over the fuel cell technology which helps the society. He get an idea in which they use the Ceramic, Ceryiagadalin Oxide, electrolyte which is corporate in the fuel cell technology which helps in reducing the temperature without the use of hydrogen and precious metals. [Gov.uk, 2015]

P4.2 Outline the principles relating to the protection of inventions through patent rights and their infringement

 Invention can be protected by the patent in which the unauthorized use of the patent is prohibited. The patent act 1977 regulated the patent in Uk. The laws and statute gives the protection to the invention which is invented by the creator. The exclusive right is given to the inventor. He has right to sell, manufacture, or make copy of their patented invention. Patent is protected by the laws and statue. The time period for the protection of the patent is 20 years. The inventor has the right to enjoy his right without any interruption. The patent is registered by the inventor from the patented office. The regulation is laid down under the section 1 to 4. The first essential condition is that the patent must be inventive step; the second is it must be new. Third is the patent is capable for the industrial use. If any invention not fulfils the above requirements then the patent protection is not given the invention. [Ipo.gov.uk, (2015) (b)]

The patent has been given to the certain period of time which involved the application. The patent fees has been given for the taking the patent to the patent office. The patent office makes inquiry about the invention and after the inquiry the patent has been given to the invention. When any person gets the patent protection then the invention is become the personal property of the inventor. Any person who wants to use the invention have to take the permission from the inventor otherwise it will be infringement of the patent. If any person infringed the patent invention then civil action has been taken against the infringer. (ipo.gov.uk, 2015)

He filed patent for the system he developed for injecting the fuel and air. He makes a plan with his colleagues form the imperial college. They realized that they have to spend more on the launch of the fuel cell for taking the protection of IP. The prospectus of the company was launched £ 4.25 million. The patent was given to the imperial college. [Gov.uk, 2015]

P4.3 Describe the principles relating to copyright protection and their infringement in a given business scenario

 Copyright is the right which is given for the new creative work, which is recorded in any work. The laws and statues have given the protection of the original work through copyright. The copyright owner can also sell, produced the copy of the work. Copyright prohibited the unauthorized use of the work. The people who get the copyright protection get automatically international copyright. The works which are protected by the copyright laws are the literary, artistic, musical, films. Sound recording, dramatic work. Etc. Copyright can be obtained by the owner under the section 9 to 11. The copyright protection can be obtained by the copyright owner for the lifetime of the author for 70 years from the author is died.

The copyright owners have the exclusive right to copy, to make changes or sell to the public, make publicly the work. The person who makes use or sells the work without the authority of the owner of copyright is the direct infringement. Any person who makes use the copyright work in commercial purpose, the owner of the copyright take civil action against the infringer.

The person who make use of the copyright work can make such defenses that he make used in the library, personal use, research, for the review. (Ipo.gov.uk, 2014)

They also take copyright protection over the drawing of the boiler on the wall. [Gov.uk, 2015]

P4.4 Compare and contrast the protection of trademarks and business names.

1. Trademark is the mark, symbol, and colour, slogan which make difference from the goods and service of another while business name is used by the company for trading.
2. Trademark is registered by the trademark owner while business name is not registered.
3. Trademark is protected under the trademark act 1994 business law name is regulated under the business name act 1985.
4. Any person who uses the trademark without permission then it will be infringement while any person can use the business name without permission.
5. In trademark the owner can take civil action towards the infringer. The person who uses the business name has no protection against the use but in tort the party can file suit against the infringer. (ipo.gov.uk, 2014)(a)

They get the 40 patent and the trademark protection over their name in the international market. [Gov.uk, 2015]

Conclusion

This Business law Sample Assignment analysis all the provisions which are related to the anti-competitive practice and competition commission help in prohibiting the anti-competitive practice. It also examined the concept of the dominant position and anti-competitive agreements.

References

Austen-Baker', R. (2015). Implied Terms in English Contract Law. Edward Elgar publishing limited.
Aquacard.co.uk, (2015). Different Types of Credit - Credit Advice | aqua. [Accessed 11 July 2015].
Available at: http://www.aquacard.co.uk/credit-tips-advice/budgeting/types-of-credit/
Businesscasestudies.co.uk, 2015 Anti-competitive practices - The importance of competition policy - Office of Fair Trading | Office of Fair Trading case studies and information | Business Case Studies. [Accessed 16 July 2015].

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