Delivery in day(s): 5
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.
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.
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.
So Mr. Adam file suit against the defendant on the above implied term under section 14. [Austen-Baker', R. (2015)]
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.
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.
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.
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.
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)
If Claire has any problem with the payment of debts then she has the right to terminate the contract.
Rules regarding the termination right
Default by debtor
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:
Types of agents
The rights and duties of an agent are
I choose the case of United Brands v Commission of the European Communities court of justice of the European Communities Case 27/ 76 
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
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]
Role of competition commission
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]
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.
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]
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]
I choose the Ceres Power is the company of the alternative energy which develops the fuel cell technology for the residential sector
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)]
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]
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]
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]
They get the 40 patent and the trademark protection over their name in the international market. [Gov.uk, 2015]
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.
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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