Introduction
Unit 26 Assignment on Business Law Assignment Help Online
It is crucial in this Unit 26 Assignment Business Legislation that one abides by the law of the land. The actions committed are deemed invalid and unenforceable in the absence of compilation, which causes tremendous suffering for the parties. Thus, many laws are learned through this task in order to introduce basic legislation to the readers. The Sales of Goods Act of 1979, the Competition Act of 1987, European Union law, anti-restrictive policies, monopolistic policies, unfair terms, agency law, intellectual property law, etc. are among the pieces of laws that are covered by the assignment assistance. To fully comprehend the laws, numerous practical analyses are conducted.
Task 1
1.1 Apply the legal rules on implied terms relating to the sale of goods and supply of services
According to Section 20 of the Sales of Goods Act 1979 (ACT) in the United Kingdom, until the goods are transferred or delivered to the buyer, they are presumed to be at the responsibility of the seller. The assumption is that the person who is in possession of the items continues to bear the risk of the products. However, Section 18, Rule 2 & 3 asserts that, unless the opposite is proven by the parties, the buyer is not at the risk of the goods until they are in a deliverable state or the price is paid and he is aware of it (section 17 and 19 of the Act). (2014) Insite Law
According to the facts, John agreed to buy Emmanuel’s car on the condition that he repair the engine himself. John and Emmanuel agreed and put down 20% of the purchase price as a deposit. However, after Emmanuel completed the repairs and informed John, the car was destroyed in a fire in Emmanuel’s garage. John was uninsured and demanded payment from Emmanuel for the failure to deliver.
Unit 26 Assignment on Business Law Assignment Help Online
Since the car was in Emmanuel’s possession and he Emmanuel does not inform John that the car is in deliverable condition after repairs, the risk remains with the seller even though the amount is paid by John.
Task 2
2.1 Differentiate between types of credit agreements
First, debtor-creditor agreement – Section 13 of the 1974 Act defines debtor-creditor agreement. These are regulated agreements that comply with Section 11 (1) (c) of the 1974 Act (restricted use). These agreements are also covered by section 11 (1) (b) of the 1974 Act, but there is no prior relationship between creditor and supplier. Second, the concept of debtor-creditor-supplier agreement is defined in Section 12 of the 1974 Act. These are regulated agreements that comply with Section 11 (1) (a) of the 1974 Act (restricted use). These agreements are also covered by Section 11 (1) (b) of the 1974 Act.
Now, John has received a £10,000 loan from a bank to purchase a car. The loan was for five years, with equal monthly payments of £200.00. John met a girl and decided to spend the money on a vacation. When the bank became aware, it decided to cancel the agreement.
In such cases, the bank has the option to terminate the agreement; however, he must comply with Sections 87-89 of the Consumer Credit Act 1974. (SLJ, 2007)
If the £10,000 is used to purchase a Honda Accord, 2.2i and John makes a payment error, the bank may seek possession of the car if John has paid less than one-third of the debt due.
Task 3
3.1 Outline monopolies legislation in the UK
Monopoly is defined in the United Kingdom as a business strategy with a market share greater than 25%. Because they have such a large market share, they take advantage of it. Anti-competitive practises are one of the ways in which abuse occurs. Legislations are in place to put a stop to these practises. They are as follows: (Tutor2A, n.d)
Monopolies & Restrictive Practices (Inquiry and Control) Act 1948; Restrictive Practices Act 1976 (services); Monopolies & Mergers Act 1965; Competition Act 1980; Fair Trading Act 1973; Competition Act 1998; Telecommunications Act 1984;
3.2 Explain the role of the Competition Commission within the context of monopolies and anti-competitive practices and the UK Office of Fair Trading
In the United Kingdom, laws are enacted to prohibit all such practises that limit competition and are unfavourable to consumers. In order to do so, an independent authority known as the Competition and Markets Authority (CMA) was established after the merger of the Competition Commission (CC) and the Office of Fair Trading (OFT) and took office on April 1, 2014. A. Seely (2014)
It is thus critical to comprehend the Competition Commission’s and the UK Office of Fair Trading’s roles in the context of monopolies and anti-competitive practises.
The Commission on Competition
The commission’s primary function is to investigate and report on anti-competitive practises, monopolies, the performance of public sector units, and mergers. The commission has no authority to conduct any of its investigations and is governed by an order issued by the Secretary of State for Trade and Industry and the Director General of Fair Trading. It is legal to seek evidence before making any decision. Grant and Vidler (2004)
Task 4
4.1 Identify differing forms of intellectual property
Unit 26 Assignment on Business Law Assignment Help Online
Intellectual property refers to the rights granted to protect various forms of creativity and to provide remedies when they are violated. The law is based on the principle proposed by philosopher John Locke that everyone has the right to enjoy the fruits of his labour. Intellectual property can be classified into several types: (Bath, 2014)
Soft rights are those that do not require any kind of registration, formalities, or fees and are generated automatically. Copy right, database rights, unregistered trade marks, confidential information, trade secrets, and unregistered design rights are examples of these rights.
Conclusion
Assignment for Unit 26 According to Business Law, all laws have their respective utility and must be followed as and when the need arises. Non-application will result in significant losses for all parties involved in the transactions. As a result, in order to reap the benefits, the laws must be strictly followed.
Reference List
Task 1
Insite law (2014) Title and Passing of Property (online). Available at: http://www.insitelawmagazine.com/salepassingproperty.htm. (Accessed on 17th November 2014);
McConnell A (2004) OVERVIEW: UK (online). Available at: http://www.biicl.org/documents/267_overview_uk_-_aug_2004.pdf. (Accessed on 17th November 2014);
Sales of Goods and agency (n.d) The law Teacher (online). Available at: http://www.lawteacher.net/commercial-law/essays/sale-of-goods-and-agency-commercial-law-essay.php. (Accessed on 17th November 2014);
Task 2
Birds J (2010) Insurance Law in the United Kingdom (online). Available at: http://books.google.co.in/books?id=SW76dSm6hIoC&dq=actual+authority+is+express+and+implied+%2B+UK&source=gbs_navlinks_s. (Accessed on 17th November 2014);
Boden v French (1851)
CCA (2009) Types of Agreements covered (online). Available at: http://www.consumercreditact.org.uk/types-credit-agreement#. (Accessed on 17th November 2014);
C. Shum (1989) Business Associations (pp. 7, 9). Hong Kong: Hong Kong University Press;
Hely-Hutchinson v Brayhead Ltd and Another(1968);
Hellings v Parker Breslin Estates (1994);
Letlink (2006)The Law of Agency – legal duties of an agent online). Available at: http://www.letlink.co.uk/index.php?option=com_content&view=article&id=271%3Athe-law-of-agency-legal-duties-of-an-agent&catid=71%3Aagency&Itemid=100046. (Accessed on 17th November 2014);
Stephensons (n.d) Hire Purchase agreements (online). Available at: http://www.stephensons.co.uk/site/individuals/srvdisputes/hire_purchase_agreements/#. (Accessed on 17th November 2014);
SAFLII (n.d) South Africa: High Courts – Gauteng (online). Available at: http://www.saflii.org/za/cases/ZAGPHC/2007/351.html#. (Accessed on 17th November 2014);
SLJ (2007) Solving Financial Difficulties under the Consumer Credit Act 1974(online). Available at: http://www.studentlawjournal.com/articles/2007/consumer/ccdfn07.htm#. (Accessed on 17th November 2014);’
Unit 26 Assignment on Business Law Assignment Help Online
The Law Teacher (n.d) Actual authority and apparent authority (online). Available at:
http://www.lawteacher.net/commercial-law/essays/actual-authority-and-apparent-authority.php. (Accessed on 17th November 2014);
Task 3
Grant &Vidler (2004) (online). Available at: http://books.google.co.in/books?id=Ko_U9zU6VdwC&pg=PA80&lpg=PA80&dq=role+of+the+Competition+Commission+%2B+monopolies+and+anti-competitive+practices&source=bl&ots=PqmebxHEuF&sig=3AobByp6mBiEN5IioL6ugLTmbKs&hl=en&sa=X&ei=k3
NqVOLpHI6ZuQTO44KwBQ&ved=0CDQQ6AEwBDgK#v=onepage&q=role%20of%20the%20Competition%20Commission
%20%2B%20monopolies%20and%20anti-competitive%20practices&f=false. (Accessed on 17th November 2014);
In brief (n.d) The Office of Fair Trading (The OFT) (online). Available at: http://www.inbrief.co.uk/regulations/office-of-fair-trading.htm. (Accessed on 17th November 2014);
Keystone 5 (2011) Preventing the exploitation of a dominant position in the EU (online). Available at: http://www.europedia.moussis.eu/books/Book_2/5/15/04/01/?all=1. (Accessed on 17th November 2014);
Office of Fair Trading (2004)Abuse of a dominant position (online). Available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284422/oft402.pdf. (Accessed on 17th November 2014);
Tutor2A (n.d) Monopolies & Mergers Legislation: Anti-competitive Practices (online). Available at: http://www.tutor2u.net/business/external/competition_regulation.htm. (Accessed on 17th November 2014);
Reuters T (2014) EU cartels and restrictive agreements: a quick guide (online). Available at: http://uk.practicallaw.com/0-381-3369?service=ld# . (Accessed on 17th November 2014);
Seely A (2014) The UK competition regime(online). Available at: http://webcache.googleusercontent.com/search?q=cache:3uT_h1eMyvkJ:www.parliament.uk/briefing-papers/SN04814.pdf+&cd=16&hl=en&ct=clnk&gl=in. (Accessed on 17th November 2014);
United Brands v Commission (1978);
Task 4
Bath (2014) Intellectual property and legal services(online). Available at: http://www.bath.ac.uk/ipls/ip/. (Accessed on 17th November 2014);
Companies House (n.d) Company Names and Trade Mark (online). Available at: http://www.companieshouse.gov.uk/infoAndGuide/compNamesAndTradeMarks.shtml. (Accessed on 17th November 2014);
IPO (n.d) Using your company name as intellectual property (online). Available at: https://www.nibusinessinfo.co.uk/content/using-your-company-name-intellectual-property. (Accessed on 17th November 2014);
Tailor R (2014)A general introduction to copyright (online). Available at: http://www.library.dmu.ac.uk/Support/Copyright/index.php?page=420. (Accessed on 17th November 2014);
Wessing T (2014) An introduction to patents and patent infringement (online). Available at: http://www.taylorwessing.com/synapse/ip_patentsintro.html. (Accessed on 17th November 2014);
