ContentsIntroduction.................................................................................................................................................1

Task-1..........................................................................................................................................................2

P1.1 Analyse and advice Mr Adam on the legal rules on implied terms relating to the sale of goods and supply of services..........................................................................................................................2

P1.2 Analyse and advice Mr Adam on the statutory provisions on the transfer of property and possession............................................................................................................................................3

P1.3 evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts.....4

P1.4 apply product liability statutory provisions for faulty goods.......................................................4

Task 2..........................................................................................................................................................6

P2.1 Differentiate between types of credit agreements which Claire could use to obtain the new car. 6

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.................................................8

P2.3 analyse the general features of Agency and differentiate between the different types of agent.. .9

P2.4 Evaluate the rights and duties of an agent to assist Claire understand her position once she becomes an Estate Agent.....................................................................................................................9

Task -3.......................................................................................................................................................10

P 3.1outlines the monopolies and anti- competitive practices legislations in the UK........................10

P 3.2 Explain the Role of competition commission within the context of monopolies and anti- competitive practices and UK office of fair trading...........................................................................12

P 3.4 Define dominant position with the EU common market...........................................................12

P3.4 consider the application of EU exemptions to potentially anti-competitive practices................13

Task 4........................................................................................................................................................14

P4.1 Identify differing forms of intellectual property........................................................................14

P4.2 Outline the principles relating to the protection of inventions through patent rights and their infringement......................................................................................................................................15

P4.3 Describe the principles relating to copyright protection and their infringement in a given business scenario...............................................................................................................................16

P4.4 Compare and contrast the protection of trademarks and business names...................................17

Conclusion.................................................................................................................................................17

References.................................................................................................................................................18

Introduction

This report covers the sale of good contract in which Adam aware about his right when he

purchased the television set. For the operating of the business it is necessary that proper

legislation has been stated and changed as according to the circumstances of the business. The

remedy of buyer and seller is laid down in the report.

Task-1

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 was purchased the entertainment set from the store by replaced his old television set.

He was impressed by one television set and after the three weeks of installation of television set

some flash and puffs of smoke is come on the screen of the television. When he was buying the

television set manager inform him that this television set is having very good quality very long

durability.

According to the contract act Adam and the departmental store are under the contract because

essential elements of sale of good contract are present in the case. These are:

Adam made the offer to the departmental store.

Departmental store accepts the offer.

Adam has the intention to purchase the television set and departmental store has the

intention of selling the television set.

Adam and the manager of the store are under the capacity.

So contract is formed between them and has right to claim the damages against the departmental

store.

The implied terms under the sale of good contract are stated under the section 12 to 15.

1. Section 12:it applies on the product which is purchased by the buyer online. The goods

must have the title which is sold by the seller if seller has no title of goods then he has no

right to sell the goods. The good must be free from any burden.

2. Section 13: The goods must be in description which is provided by the seller to buyer. If

it is not in accordance then he has right to claim the damages. Under this case Adam has

right to claim the damages because the television set is not according with the manager

description.

3. Section 14: The good which is sold by the seller must be satisfactory quality and fit if it

is not fit for purpose then consumer can make claim for the loss which he suffers. Adam

can also claim under this section because the television set is not in satisfactory quality.

4. Section 15: if any good is given by the seller in bulk then seller has to sell the goods as

according to the bulk quality.[Austen-Baker', R. (2015)]

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

and possession

These statutory provisions can apply by the Mr. Adam.

Section 16: The ownership of the product will pass from one person to another if they are

ascertained.

Case: Healy V Howlett and Sons 1917

Section 17: it is necessary that the goods must be ascertained or specific but ownership will only

pass if parties have intention of passing.

Section 18: It has 5 rules, but goods will be passed if party show their intention of passing the

goods.

RULE 1:-If Specific good will be sold by the individual in the unconditional contract then good

will passes at the time of contract.

RULE 2:- Specific condition is imposed upon the goods for the passing of the good it is

necessary that condition has to be done by the individual.

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

RULE 4:- For the selling of specific good approval or return basis is necessary then they cannot

sold until approval or return basis is not done by the individual.

RULE 5:- It is not matter whether the goods are unascertained or unconditional their ownership

will be passed.

Section 19: when seller sells the good then he also give the right of retaining the title to the

buyer of good.

Section 20: when the seller sells the good then risk of the good is passed to the buyer.

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

contracts

Remedy of Adam

If he spent any expenses then he has right to recover the expenses which is paid by him.

He can recover the damages if good is not delivered.

He can obtain the order of the specific performance.

He has right to recovery of their liquidated damages.

Remedy of seller

If he know that buyer becomes insolvent then he as right to stop the goods in the transits

He has right to cancel the order of the buyer.

He has right to recover the goods if buyer not making payment.

He can obtain the order of the specific performance.

P1.4 apply product liability statutory provisions for faulty goods

What are defective goods?

The good which has some shortcoming in quality and quantity which caused the loss or damages

to the consumer is known as the defective good. The good include any electricity product, any

component of the product etc. the person which are responsible for the defective good are the

manufacturer, supplier, distributor of the good if any person suffers any injury then they are

liable of the damages and loss which suffered by the consumers.

The product liability rules

1. Consumer protection act 1987

2. Contract

3. Tort

The person who claims under the above statue has to prove these:

1. The product is defective nature

2. Caused harm

3. And defendant is under the liability

Under the consumer protection act 1987 the plaintiff file suit against the defendant but he has

to prove that the good is defective; he has no need to prove other things. It is sufficient that good

is defective.

Under the contract law plaintiff has to prove that the product is defective and breach the

contractual obligation which is imposed upon the defendant at the time of entering in to the

contract.

Under the tort law plaintiff has to prove that the defendant is under the liability for making the

breach of his duty and done negligence. He was not taking the reasonable care while

manufacturing the product.

Task 2

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

new car.

Individual can take the loan or credit from ten other person. But he has to pay back the money to

the business when the time is over. Business charges the interest upon the credit which is given

to the debtor. The creditor is always expecting that he receive the interest from the debtor. The

consumer interest is protected is protected from the lenders, by the legislation which is known as

the consumer credit act 1974.

Types of credit

Hire purchase

It is raise when consumer takes possession of the property of the real owner of the

property.

Claire has to pay the amount after the time period is over.

Case: Helby v Matthews 1895 [Saharay', D. (2015)]

Conditional sale

In this contract the party is under the condition that he has to purchase the good when the

contract is end.

Claire has the right to transfer to pass the title of the goods.

It has the feature of the hire purchase but it is less favourable by the people.

Credit sale

Claire is able to transfer the ownership to the other person.

If any creditor not makes pay the whole amount then they will be used by the creditor for

the default of payment

Bank loan

Claire can take the overdraft facility from the bank. Bank charge interest for the overdraft

facility.

Claire also takes ordinary loan from the bank by mortgage something. The interest rates

are charged on this loan.

Personal loan can be taken by the Claire and bank charged very high interest rate on this

type of loan.

Credit card

Claire can take the credit from the bank credit card and there is no interest is charged.

In charge cards there is no limit is set but she has to pay fully in every month.

In retailers cards there is restriction upon the use of card.

Shop budget accounts

She can take the money from the large shops which she has to pay back to them after the

period of time is over.

Shops make the limit on the use of the credit and she has to return the money.

Claire has to pay the monthly interest. [Aquacard.co.uk, (2015)]

Debtor- creditor – supplier agreement

Both creditor and supplier has some business connection.

Creditor entered in contract with the supplier on eth basis of past and future

arrangements. [Aquacard.co.uk, (2015)]

Debtor- creditor agreement

There is no business connection between the creditor and supplier.

Creditors are not entered in with contract with the supplier for any past and future

arrangements. [Aquacard.co.uk, (2015)]

Restricted and unrestricted use

Claire can use the credit for the [purpose which she mentioned in the contract. This is

known as restricted use.

Claire can use the credit for any purpose and has no restriction upon her is known as the

unrestricted use. [Aquacard.co.uk, (2015)]

She can choose any credit agreement which is best suited to her according to her need.

(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.

Claire is under the obligation to make payment if she takes any credit form the creditor but she

has right to terminate the contract if she has any problem for making the payment.

Termination rules

1. Both parties’ can terminate the agreement in the number of circumstances.

2. They can demand for making the settlement as soon as possible.

3. When the termination is made by any party then debtor is under the obligation to return

the good to the creditor.

4. If any debt is standing then he has to pay the maximum amount to the debtor.

5. Creditor has also right to terminate the contract if debtor makes any breach of contract.

Default by debtor

Creditor has to give a default notice to the debtor if he makes any breach of contract

before taking any further action.

Creditor can terminate the contract and demand for the early payment.

Good are recovered by the creditor from the debtor.

The time period for taking any further action by the creditor is seven days.

The country court has the authority to make an order of enforcement.

The time period is also given to the debtor for making payment.

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

agent.

It is the relationship which is existing between the principal and agent and they are not under any

contractual relationship.

The general features of the agency are:

1. The party which is entered in the contract with the agent is must be in the capacity.

2. Principle and third party has the contract relationship.

3. It helps the principle by saving his resources and time.

Types of agents

1. Estate agents deal with the real property.

2. Factors deals with the tangible property.

3. Brokers deals with the intangible property.

4. Auctioneers deals with the auction property.

5. Commercial deals with the buying and selling of property.

6. Directors deal with the company

P2.4 Evaluate the rights and duties of an agent to assist Claire understand her position

once she becomes an Estate Agent.

Duties of Claire

She has fiduciary duty which is related to the honesty and integrity.

She has to act with the guidance of the principal.

She has not to take the secret profit.

She has to act in good faith.

Rights of Claire

She has right to take the remuneration.

She has right to take extra benefit.

She has to right to take eth expenses from the principal if she spent money.

She has right of taking salary and allowances.

Task -3

United Brands v Commission of the European Communities court of justice of the

European Communities Case 27/ 76 [1978] is choose for applying the monopoly

Competition commission role, dominant position, exemption.

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

Monopoly: if any firm has the control over the market then it becomes the serious threat for the

competitor in the market of UK. For taking the monopoly position it is necessary that firm has:

1. Control over the market by 25%.

2. Investigation has been made by the monopolies and merger commission and they find

that firm has control over the market by 25%.

The competition act helps the consumer by increasing competition in the market and which result

the price of the product is reduced and product quality is good. The firm who is in the monopoly

position is the single supplier in the market and have control over the larger part of the market. It

is also known as the scale monopolies and complex monopolies.

Monopoly is the big threat in the market of UK by the large firms. The company which was

provided by the monopoly in UK is the royal mail and postal services. Uk government more

focused on the monopoly firm in the market. Investigating authority is given to the monopolies

and merger commission. They deal with the cases which are referred by the office of fair trading.

The case is decided by them by regulating the competition law and consumer law. It is the illegal

act in UK if any firm enjoy the monopoly in the market.

Features of competition

1. The competitor gets benefits when the competition is regulated by the competition act.

2. Consumers are also get benefits when monopoly is prohibited.

3. The quality of the product is good.

4. Lot of choice is availed to the consumers.

5. The product price is less.[Businesscasestudies.co.uk, 2015]

Competition Act 1998:

There are various new provisionswhich are added in this act. It prohibited the anti-competitive

practices and abuse of dominant position. The article 81 and 82 of treaty of Rome was changed

and now in treaty of Lisbon 2009 they are article 101 and 102.

Enterprise Act 2002: it also made changes in the competition act 1998. There are various

legislation has been added and make stronger competition act of the Uk.

[businesscasestudies.co.uk, (2015)]

According to article 82 of EU the United Brand is in the dominant position. Article 82 of

EU stated various kinds of abuse which is made by the firm in the market. But it is very

important frim has control over the market and after that they abuse their position by not

supplying the product in the market. [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.

It is the body which investigate the competition in the market. They have authority to investigate

the competition in the market. They regulated the competition act in the market. They investigate

the merger and other inquires. Competition act is replaced the monopolies and mergers

commission. It is known as the competition and market authority from 2014. Treaty of Lisbon

2009 amended the competition commission.

Office of fair trading: It helps in taking the decision and also published the information and

suggestion. They also deals with the suspecting breach is made by the firm. And they also take

the enforcement. [Businesscasestudies.co.uk, 2015]

The court examined the case and stated that company is in the dominant position and make

abuse of the position in the market by not supplying the goods and services in the market

and also imposes the various conditions upon the consumers. They also charge different

different price from the different consumer. The decision of the competition commission is

also defeated by the court in which it is held firm is exempted of reason and limit.

[Reckon.co.uk, 2015]

P 3.4 Define dominant position with the EU common market

Any firm who has the control over market by 50% then the firm will be dominant position and if

any firm abuse their position in the market will be illegal in Uk competition law. The firm who

abuse their position are capable standing alone in the market and wipe out the competitors in the

market. They become the one supplier in the market.

In competition act abuse of dominant position is stated in the article 102 by the treaty of Lisbon.

The interest of the trade is protected by the European treaty.

Firm exploits the consumers by

1. Imposing the unfair condition.

2. Limit the supply of the product.

3. Charge different price

4. Predatory price

5. Unfair practices

Interest is protected by the EU treaty but it is necessary that they are member of this treaty. This

treaty also prohibited the negative effect on the trade and also prohibited the abuse of dominant

position. [businesscasestudies.co.uk, 2015]

According the facts of the case it is examined by the court that United Brand has the dominant

position, and abusing their dominant position. They are importing American Bananas. They

produced the bananas and supplied the bananas which are not ripe to the distributor for selling in

the market and bananas which are ripe are used by the distributor for the personal use. In 1975

find by the EC that united Brands abuse their dominant position. But Company stated that the are

not abusing their position and not act against any provisions of the competition act. .

[Reckon.co.uk, 2015]

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

If any firm abuse the dominant position and anti- competitive practices then they have these

exemptions.

1. Any firm who abusing their dominant position and practice anti-c competitive practice

then they has to prove that there is no effect upon the competition in the market and it

helps in the economy development. This exemption is known as individual exemption.

2. Any firm which meet the individual exemption then block exemption will be applied

upon these agreements is known as the block exemptions.

3. Parallel exemption is the exemption which applied on the firm when they meet the

individual and block exemptions.

4. The profit will be distributed in between the customers without any discrimination.

5. There is situation in which abuse is necessary.

In this case United Brand organisation is not exempted from the above exemptions.

Competition commission pass order that they are exempted but court declared that they

abuse the position by not supplying the bananas in the market. [Reckon.co.uk, 2015]

Task 4

I choose the Ceres Power is the company of the alternative energy which develops the fuel

cell technology for the residential sector

P4.1 Identify differing forms of intellectual property

It is the protection for the individual original work, and has the physical appearance. There are

various laws and statute which gives the protection to the intangible property. Intellectual

property act 2014 which regulated and deal with the intellectual property. Intellectual property

includes the various forms of property which are patent, copyright, trademark and design. The

work is automatically protected at the international level.[Ipo.gov.uk, (2015) (a)]

1. Patent: patent is the protection of the invention. The inventor has full right over the

invention, they can use, sell the invention and also prohibited the use of the patent by any

other person without his permission.

2. Trademark: trademark includes the various symbols, marks, colours or any other which is

capable for making the difference between the goods or service of one business to

another business. They are also protected for the specific period of time.

3. Copyright: Copyright is the given for the original work of the author.

4. Design: design also protected under the design act like 3D functional designs. The

protection is given for the period of 15 years.(ipo.gov.uk,2015)

In this case the imperial college of London brain Steele one of the professor who make work on

the fuel cell technology which is beneficial for the society. He got an idea and he used the

Ceramic, Ceryiagadalin Oxide, electrolyteand incorporated in the fuel cell technology. This

technology will help in decreasing the temperature and it is reduced without making 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

Patent protection is given to the invention. In Uk patent is regulated through the patent act 1977.

This act gives protection to the patentee original invention not for the discovery. It is the

exclusive right which is given to the patentee. Patentee has the full control over the patented

invention. Any person who invented something then he can get protection form the patentee

office. The section 1 to 4 laid down the process of the registration.

There are three tests which have to be fulfilled by the patentee for taking the protection on

invention.

1. The invention must be new.

2. Invention must have industrial use.

3. Invention must not be obviousness.

Example: big brother star and Jon tickle revealed that they will invent the toaster which have

delayed released for the second slice of toast.

It is necessary that the any invention which is invented by the inventor must not relate their

secret to anyone until invention will not protected by the patent. An inventor which get the right

of protection over the patent then he have the exclusive right over the invention. It has been

given for the period of 20 years. Unauthorised person has to take permission from the patentee

for making use of it.[Ipo.gov.uk, (2015) (b)]

It is the personal property after getting the patented protection over the invention.

Infringement of patent:

1. Without permission of the patentee has been used by the unauthorised person.

2. Patentee can file suit against the person who infringed his rights.

3. Court can pass an order of injunction and pass an order for destroying the infringing

copies. (ipo.gov.uk, 2015)

He decides to file patent for the invention injecting the fuel an air by him. He has many friends

of imperial college and make plan with them. They realized that they have to spend more amount

upon the protection of the IP they decide that that will transfer the IP to the imperial college.

Then college will spend the £ 4.25 million on the lunching of the prospectus of the company.

Then college get the patent over it.[Gov.uk, 2015]

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

given business scenario

Copyright is the protection which is given to the author for the original work by the government.

Author has expressed their new ideas in the tangible form. The laws and various statutes give

protection to the original work of the owner. Copyright owner has the right to use or sell or

reproduce their original work. Copyright, Design and Patent Act 1988 is regulated the copyright

work in Uk. The person who gets the copyright over the work can prohibited the unauthorised

use of the work. Owner can get copyright protection through the copyright office and according

to the process which is laid down under the section 9 to 11.

Copyright work is protected by the laws and statute is 70 years owners lifetime form the author

is died. The copyright protection is different to other work.

Copyright work can be infringed by any person when they make use or sell the copyrighted work

without taking permission form the copyright owner.

The defences which are made by the infringer are:

1. Personal use

2. Research

3. Religious purpose

4. Library

5. Review. (Ipo.gov.uk, 2014)

In this copyright protection has been taken upon the drawing of the boiler on the wall. [Gov.uk,

2015]

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

1. Business name is the name which is used by the company for operating their business in

the society; Trademark can be any name, symbol, mark, and word, slogan which is used

for distinguishing the good or service from one business to another business by the

customers.

2. Business name act 1985 regulated the business names while trademark act is regulated by

the trade mark act 1994.

3. The person who uses the business name has no legal protection while user of trademark

has the legal protection from the laws.

4. Business name cannot register while trademark is registered from the registrar office.

5. Business name owner cannot take any action against the person who uses the name; but

can take action against under the tort law while trademark owner can take action against

the person who uses the mark without permission will be punished.(ipo.gov.uk, 2014)(a)

Conclusion

It helps in analysis the competition act in which abuse of dominant position and anti- competitive

practices are prohibited by this act. It helps in understanding the dominant position, monopoly

and anti- competitive practices through the united brand case and Ceres power case.

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[Accessed 10 July 2015].

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