Securing Higher Grades Costing Your Pocket? Book Your Coursework Help at The Lowest Price Now!

  • +1-617-874-1011 (US)
  • +44-117-230-1145 (UK)
Online Customer Service

NM11 Business and Law : Analysis of Sales of goods Act 1979

  81 Download     📄   27 Pages / 6519 Words
Task 1: 
Be able to apply the main principles affecting the legal relationship between business organisations
and their consumers

Case study
Ben’s car was getting too old so he decided to get a newer one at the beginning of the year so as to save on repair costs, which had increased a lot the previous year. One day after work, Ben checked out a popular Car Dealer’s magazine to see what cars were available within his budget. He was particularly keen about a car with the following description.
“Blue New Model Passat 1.8, full service history available, two years old and one owner only, 6 CD changers, original Alloyed wheels, driven for 18,500 miles only and used for school runs specifically, real good value for money, Car going for £10,000 only.”
The next day, Ben went to the Car Dealers who advertised the car to see if he could buy it. Upon arrival at the show room, Ben was informed by the sales person that the said car was at another showroom 80 miles away and could be brought over to Ben’s local showroom within the next forty eight hours, as long as Ben  pays a non-refundable deposit of £150 to show his seriousness about the car. Ben thought the car was such a good bargain and did not want to miss the chance of getting it, so he decided to pay the deposit. When the car eventually arrived, Ben took it for a test drive and fell completely in love with the car and decided to purchase it straight away. Delivery plans were made with the Car Dealers and the car was eventually delivered to Ben’s home the next day after further servicing and cleaning.

During the first weekend of having their new car, Ben decided to take his family for an inter-city motorway cruise. However he quickly discovered while driving that whenever he was going uphill, the engine would slow down and no matter how hard he tried, the car did not go any faster. At a certain point, the car came to a standstill and would not move unless the engine was stopped and allowed to cool down from over- pg. 3 February 2017heating. Ben got very annoyed and decided to return the car after just five days when the problems persisted. While going through the car service history books, it became clear that the car had had two owners instead of one and the last owner had used it as a taxi-cab. More so, the speed was actually blocked at 18,500 miles and was not going any further. When Ben took the car back to the Car Dealers to return it, they refused to take it back, pointing to clause 9 of the Terms and conditions which Ben had been asked to sign and given a copy. The clause read as follows;
Clause 9
“We accept no responsibility what so ever for the description we have given about the cars and the quality of the cars. Buyers are responsible for making their own independent checks before buying.”
Ben is now seeking legal advice from the Citizens Advice Bureaux.

As a Trainee Legal Advisor in a Citizens’ Advice Bureaux, you have been handed Ben’s case by your
supervisor and asked to write a report of approximately 1000 words about the legal rules relating
to the case and the likelihood of Ben succeeding in case he decided to pursue the matter through the
law courts.
In your report, you are expected to;
1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of goods and supply of
services
1.2 Analyse and advice Ben on the statutory provisions on the transfer of property and possession
1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts
1.4 Analyse and advice on product liability legal rules and statutory provisions for faulty goods in case Ben
was using the car and there was an accident in which a member of his family was injured as a result of the
faulty car and such a family members wanted to make a claim. 
pg. 4 February 2017

Task 2: REPORT

Following from the case study in Task 1: In purchasing the car Ben had used his credit card but would like your advice on the various means legally available to a consumer like him to purchase a car and what rights he would have when dealing with creditors as a consumer seeking credit facilities. In the process of buying his car, he became interested in becoming a car dealer himself after having a chat with the Car Dealers. He is now considering becoming an agent selling second hand cars on behalf of persons and companies who wish to sell off used cars. To that end he would like your advice in these two areas relating to consumer credit and agency.

Your supervisor at the Citizens’ Advice Bureaux has asked you to write a second report of approximately  on the legal rules relating to consumer credit and agency. In your report, you should;

2.1 Differentiate between types of credit agreements which Ben as a consumer could use to buy a car.
2.2 Analyse the legal rules on termination rights and default notices for Ben as a consumer in case he had problems in future paying the debts as required in the contract.
2.3 Analyse the general features of Agency and differentiate between the different types of agents.
2.4 Evaluate the rights and duties of an agent to assist Ben understand his position once he becomes anagent himself.

Task 3: 
You are expected to show an understanding of the legal rules relating to monopolies, mergers and
anti-competitive practices pg. 5 February 2017

With the use of examples of past or ongoing cases relating to competition law, present before the
class your findings relating to a business or businesses who may be involved in either monopolistic
or anti-competitive practices in UK or within the EU. You are also expected to write a report of not
more than  in which you are expected to;
3.1 Outline and explain the monopolies and anti-competitive practice legislation in the UK
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 now merged in the Competition and Markets Authority in
regulating Monopolies and Anti-competitive practices
3.3 Define dominant positions within the EU common market giving examples of such businesses
3.4 consider instances when under EU law, exemptions will be made to potentially anti-competitive
practices.
Task 4 Essay
You are expected to show knowledge of the key provisions relating to intellectual property rights in
this task.

You are required to carry out a research relating to intellectual property rights with use of practical
examples of your choice and supportive legal materials like case laws, legislation and EU laws. Write
an essay of approximately on the following;
4.1 Identify and explain the different forms of intellectual property rights
4.2 Outline the principles relating to the protection of inventions through patent rights and legal rules
preventing their infringement.
4.3 Describe the principles relating to copyright protection and the legal rules preventing their
infringement.
4.4 Compare and contrast the protection of trademarks and business names giving practical examples. 

Answer:

Introduction:

The present assignment comprises of four tasks. Task 1 deals with analysis of Sales of goods Act 1979 and the Sales of goods and services Act 1982. Task 2 covers analysis of provisions comprising in the Consumer Credit Act 1974 and the law of agency and the kinds of agents. Task 3 deals with the Monopolies and anti trade restrictive policies. Task 4 covers the analysis of the Intellectual Property Rights that are prevalent in the United Kingdom.

Task 1 

LO 1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of goods and supply of services 

The parties to the contract are governed by the terms of the contract. Those terms which are expressly and mutually decided by the parties are express and which are impressed on the parties under law/custom/usage are implied (Esso Petroleum v Mardon (1976). 

Also, those terms which are the root and without which no contract can be performed are conditions. Any violation will repudiate the contract and allow the aggrieved to seek damages (Poussard v Spiers and Pond (1876). However, when the terms are not soul to the contract and only damages can be attained on their breach are warranties (Bettini v Gye (1876). (Event Justice, 2012)

Whenever any party deals win goods and services than the implied terms of The Sale of Goods Act (1979) and The Supply of Goods and Services Act (1982) must be comply with.

As per section 12 (2) of the 1979 Act, the goods must be free from defects (Niblett v Confectioners' Material (1921)). As per section 13, the goods supplied to the buyer must correspond with the description provided by the seller while selling the goods ((Beale v Taylor (1967). As per section 14 (2) & (3), the goods quality must be satisfactory and must be vigorous for the reason the goods are supplied for (Grant v Australian Knitting Ltd (1936). (The Law Teacher, 2017)

As per section 13 of the 1982 Act, the services must be cater with all care and skill. As per section 14, the services so guaranteed under section 13 must be cater in reasonable time.

Also, as per section 6 of the Unfair Contract Terms Act 1977, no exclusion clause is valid which excludes the liabilities in consumer contracts. (Ashurst, 2009)

Now, Ben purchased a car from the car dealer which was delivered to his home next day after servicing and cleaning. However, there are various implied terms of Act 1979 and 1982 are violated:

  1. Section 14 (2) and (3) of 1979 Act was violated as the car was not going uphill, engine was slow, the engine was overheating. Thus, the car provided was not fit for the use.
  2. Section 13 of the 1979 act was violated as the car had two owners, was last used as a taxi cab and the miles are blocked. Thus, it does not correspond with the description provided by the seller, that is, it has one owner, was used for schools specifically and the miles are much beyond 18,500 miles.
  3. Section 13 and 14 of 1982 Act are violated as no services are provided within adequate time.

Also, the exclusion clause incorporated by the car dealer has of no significance as the same is contrary to section 6 of the 1977 Act.

Thus, it is advice to BEN that various implied terms are violated and the exclusion clause is not valid.

LO 1.2 Analyse and advice Ben on the statutory provisions on the transfer of property and possession 

Transfer of property and possession provisions:

  1. As per section 16, the ownership in unascertained goods is transferred when the goods are ascertained (Healy v Howlett and Sons1917).  (Merrett L, 2016)
  2. As per section 17, the ownership in ascertained goods is transferred as per the consent of the parties (Dennantv Skinner (1948).
  3. As per section 18 (1), when the goods are ascertained but the intention of parties to transfer the goods is not clear then the transfer took place instantaneously.
  4. As per section 18 (2)- (4), the goods are transferred on compliance of a condition if specified ((Underwood v Burgh Castle Brick and Cement Syndicate1922). (Owens K, 2001)

Now, the car which is selected by Ben was of a particular description. Thus, as per section 17, the ownership can be transferred to Ben as per the intention of the parties. However, since the intention of the parties is not clear thus by applying section 18 (1), it is submitted that the ownership of the car is transferred to Ben instantaneously. It will not make any difference as when the car was delivered, that is, the next day.

LO 1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts 

Statutory provisions on buyer’s and seller’s remedies in sale of goods contracts

  1. Seller (Atiyah et al, 2005)
  2. As per section 44-46 of 1979 Act, the goods can be estopped in transit;
  3. As per section 41-43, right of lien can be claimed.
  4. As per section 50, damages can be claimed if the goods are denied by the buyer (WL Thompson Ltd v Robinson Ltd(1955)
  5. As per section 47-48 of the 1979 Act, goods can be resell;
  6. As per section 49, price of the goods can be claimed.
  7. Buyer (Gov.uk, n.d)
  8. As per section 51 & 54, damages for not delivering goods.
  9. As per section  53, damages for breach of warranty.

  10. As per section 52, specific performance.
  11. Rejection of goods under section 35A or breach of implied terms Bernstein v Pamson(1987).
  12. Repairing or replacement of goods under section 48B.

Now, since the car that is delivered to Ben was not is adequate, thus, there are various remedies that can be avail by him, that is:

  1. Since the engine was not working properly so he can claim under section 53 for breach of warranty that the goods are not of acceptable quality and fit for the purpose for which it is acquired (section12 (2) of the 1979 Act).
  2. That the car has two owner and thus a false representation is made by the seller. So, Ben can reject the goods under section 35A for breach of warranty.
  3. The speed of the car was also blocked and thus he can seek replacement of goods under section 48B.

LO 1.4 Analyse and advice on product liability legal rules and statutory provisions for faulty goods 

If Ben was using the car and his family members were injured because of the faulty car, then, in order to make claims the main product liability legal rules and statutory provisions are:

  1. Can In the law of negligence, the manufacturer can be held negligent and product liability can be imposed if the duty of care is not comply with resulting in damage to the consumers, that is, the manufacturer fails to evaluate the risk in the product maing the product dangerous in use (Donoghue v Stevenson(1932). (Outlaw, 2015)
  2. As per the law of contract, if there are terms made part of the contract and such terms if violated, then, product liability can be imposed. (Inbrief, 2015):
  3. In Consumer Protraction Act 1987, the seller has the duty of care to provide safe products to the buyer and when the duty is vaulted resulting damages to the consumer, then, strict liability is imposed on the manufacturer under the 1987 Act. The seller can be supplier/producer/maker/importer under section 2 of the Act. The cost of the defective product should be more than 275 in order to bring the claim in the Act. (Burmby C, 2012)

Task 2

LO 2.1 Differentiate between types of credit agreements 

As per the facts, while purchasing the car, Ben had used his credit card. Creditor is the person who is giving the credit and Debtor is the person to whom the credit is given by the creditor. In United Kingdom, it is the Consumer credit Act 1974 which lays down some of the credit agreement. Thus, the main types of credit agreements which Ben as a consumer could use to buy a car are: (Citizens advice, 2015).

  1. Conditional Sales Agreement – It is the credit agreement wherein the goods are sold on credit but there is a condition that the buyer must purchase the goods after the completion of the contract. Any violation of the contract will grant right to the creditor to recover the goods.
  2. Hire Purchase Agreement – The consumer gains the possession of the goods against which the credit is taken and he pays an installment to the creditor on a regular basis. After the payment of the last installment, the consumer becomes the owner of the goods  (Helby v Matthews (1895);
  3. Bank Loan – It is a credit taken from Bank and is in the form of personal loans, ordinary loans, overdraft etc;
  4. Credit Sales – In this kind of credit agreement, the buyer comes in the possession of the goods and is also allowed to transfer the goods to some other party. But, if the buyer does not pay the credit amount, then, the creditor has full right to bring a claim against the buyer and can also attach the property which is sold to the third party.

LO 2.2 Analyse the legal rules on termination rights and default notices 

If Ben has problems in paying the debts in future, then, t he legal rules on termination rights and default notices are:

When any credit agreement is formed, then, the parties are eligible to rescind the contract even before the contract is expired.

Termination Rights

When a credit agreement is established amid the creditor and the debtor and if the debtor wishes to terminate the contract before its expiration, then, the debtor can do so by availing his termination rights. it is a kind of early settlement right that can be availed by the debtor. As per section 94-97 of the Consumer Credit Act 1974, an early settlement can be made by the debtor. Also, as per section 98-101 of the Consumer Credit Act 1974, the debtor must return the goods to the creditor as he is not capable to pay his credit amount to the creditor, provided, the goods that are returned by the debtor to the creditor must be in adequate condition. (BIS, 2010)

Default Notices

A creditor has the right to rescind the contract by giving default notices to the debtor provided the debtor has made default in paying his dues. This right can be availed by the creditor under section 87 of the consumer Credit Act. Through the default notices, the creditor has the right to seek recovery of goods, demand of dues, etc. The default notice must be served by the creditor by serving a seven day notice upon the debtor. However, extra time can be provided to the debtor as per section 129 of the Consumer Credit Act 1974. If the creditor has incurred no fault then order can be passed by the court as per section 127 of the consumer Credit Act 1974. But, if one third amount is already paid by the debtor, then, the creditor must seek the orders of the court before repossessing the goods from the debtor as per section 90-91 of the Consumer Credit Act 1974. (Student Law Journal, 2001)

LO 2.3 Analyse the general features of Agency and differentiate between the different types of agents. 

The general features of Agency and different types of agents are analyzed

Features of Agency

Agency is a framework wherein two persons, principal and agent establish a relationship. As per the law of agency, the principal appoints an agent to carry out his authorized task and duties and represent him while trading with outsiders. Any actions which are carried on by an agent will make the principal accountable for the same. Thus, the main features of the agency are: (Rogers K, 2004)

  1. There are two parties that are involved, principal and agent.
  2. The agent is appointed by the principal.
  3. The agent is authorized to carry out the task that are authorized to him by the principal;
  4. The principal is bound by the acts that are carried out by an agent in the name of the principal.
  5. The contract amid the agent and the third party can be oral, in written or by conduct and will make the principal liable for the same.
  6. The principal and the agent with whom the contract is established by an agent are capable in law to form a valid contract, that is, they must be of sound mind and must be major.
Kinds of Agents

The compliance of all the essential elements results in the formation of a valid agency. But, is there any specific kind of person who can become an agent. The answer is no, rather, there are kinds of agents which is summarised herein under: (Lardbucket, 2012)

  1. The Actual agents – the agents who are expressly appointed by a principal are express agents and the agents who are appointed by implication are implied agents. But, in both the cases, the responsibilities are directly allocated by the principle to an agent.
  2. The apparent agent – when the principal acts in such manner in front of third party which makes the third party believe that the agent does possess some kind of authority which in reality he does not have, then, if an agent act in good faith and enters into any transaction with the agent, then, such transactions are binding upon the principal as per the ostensible authority of an agent.
  3. The directors are the agents of the company and represent the company while dealing with third parties.
  4. The partners are the agents of the partnership firm.
  5. The agent which deals with properties and carry out the act of selling property on behalf of his agent through auctions are called Auctioneers. Whereas, the real estate properties are dealt with estate agents;
  6. Factors deals in tangible property and brokers in intangible property.

LO 2.4 Evaluate the rights and duties of an agent 

Once Ben has become an agent, then, the main right and duties that must be performed by him are: (Kaplan, n.d)

  1. Every agent has the duty to act in good faith and with honesty;
  2. An agent has the duty to act with care and skill.
  3. An agent must avoid any kind of conflict of interest situation and if the conflict occurs then the interest of the principal mist prevail;
  4. An agent must not make any kind of secret profits;
  5. Valid contracts must be established by an agent with the outsiders keeping in mind the scope of his authorities.
  6. The agent must carry out his tasks as per the directions ad commands of the principal.
  7. An agent has the right to seek remuneration for the work done;
  8. If any expenses are incurred to an agent personally, then he must reimburse them from the principal.
  9. He can also seek right of lien until it is disposed of rightfully.

Task 3

LO 3.1 Outline and explain the monopolies and anti-competitive practice legislation in the UK 

The monopolies and anti-competitive practice legislation in the United Kingdom are explained herein under:

The Competition Act 1998

There are various legislations that were prevailing in the United Kingdom before the establishment of the 1998 Act. but, the establishment of the 1998 Act has compiled all previous legislations and now the enactment deals with to curb all such practices that hinders in maintaining  a healthy completion in the UK market. Some of the provisions of the enactment are: (Kew & Stredwick, 2005) 

  1. The European Union competition policies are harmonized with the1998 Act so that competition in UK can be carried out effectively;
  2. The restrictive trade practices are identified;
  3. The establishment that exploits the dominant position in the market is tacked with as per the provisions of the Act.
  4. Various provisions are framed that are in consistent with the Treaty of Rome;
  5. Fine upto 10% of the annual turnover can be imposed on those entities which are not complying with the provisions of the Act.
  6. The Enterprise Act 2002

The main objectives of the Competition Act 1998 are achieved by the establishment of the Enterprise Act 2002 (Office of Fair Trading v IBA Health Ltd (2004).  Some of the provisions of the enactment are:

  1. Independent bodies are formulated that helps in the promotion of the competition;
  2. The Competition Appeal Tribunal was enacted;
  3. Any kind of behaviors which is anti competition was curbed;
  4. Policies and procedures are established for the promotion of competition;
  5. The Enterprise and Regulatory Reforms Act 2013

The competition was further strengthening with the establishment of The Enterprise and Regulatory Reforms Act 2013. Some of the provisions of the enactment are: (Bellamy et al, 2013)

  1. The market was analyses and those entities are tried to be curbed which are working against the interest of the consumers;
  2. The regulatory bodies are strengthen more;
  3. The major actions of the Office of Fair Trading are moved to Competition and Markets Authority (CMA).

LO 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 

The main role of:

Competition Commission

The Competition Commission was established in order to keep a check on the anti competitive practices and the monopolies that are prevalent in the UK market. The major functions of the Competition Commission are now merged with Competition and Market Authority (April 2014). But, the main provisions that are captured by the Competition Commission are, firstly, it hears appeal that come before it from other bodies; secondly, it checks whether the mergers are carried out adequately; thirdly, it can make recommendations and grant remedies after carrying out investigations to the mergers.

(Economics help, n.d)

The UK Office of Fair Trading

The UK Office of Fair Trading was established in order to keep a check on the anti competitive practices and the monopolies that are prevalent in the UK market. The main tasks which are attributed to the Office of Fair Trading are now merged with Competition and Market Authority (April 2014). But, the main provisions that are captured by the Office of Trading are, that, firstly, it provide exemptions to the business entities; Secondly, it can make decisions and the decisions are enforceable in the court of law; thirdly, it has the capacity to conduct investigations and consider whether any violations are undertaken by the entities or not; fourthly, Market Policy Initiatives Division is established under which it can check which entities are not working in the interest of the consumers; fifthly, it give advice as how the anti competitive and monopolistic activities can be curbed; sixthly, Ofcom, Ofgem, etc are the agencies that are framed which pursue the functions of the office of fair Trading. ((Find Law, 2014)

LO 3.3 Define dominant positions within the EU common 

The Dominant Position principle is established in Article 102 of the TFEU as per which if any entity is acting in  such a manner which is not in favour of the consumer or the market and thereby bringing advantage to itself then, he is mainly abusing his dominant position and this activity is prohibited under Article 102 of the TFEU. ((Jones et al, 2004)

However, any entity is consider to be dominant in its position provided the actions taken by its hampers the competition in the market or hampers the consumers interest or is the sole decision maker in the market; has the capacity to maintain the price in the market, etc. All these actions of an entity establishes that the entity is in dominant position provided the activities are carried out for some specific period of time (85/76 Hoffmann-La Roche). Any entity which is at dominant position is not allowed to carry out any contract which is contrary to the market or consumer interest. (Donoghue & Padilla, 2015)

LO 3.4 consider instances when under EU law, exemptions will be made to potentially anti-competitive practices. 

As per the European Union law, if any activity is carried out those curbs the trade amid its member states then such agreements is not permitted. This is mainly because the same curbs the competition in the market. There are few agreement which are not to be carried out as per section 101 of TFEU. The same are, the activities that hampers the competition; the agreement which are contrary to the interest of the consumers; the agreement that divide the market; any relationship that curbs the production; any activity that fixes the price or any actions that effect the interest of the members etc. These activities are not permitted to be carried out and if any agreement is established which covers the above activities, then, such agreement has no sanctity of law. (Hickey & Lochlainn, 2010)

But, there are various instances when under EU law, exemptions will be made to potentially anti-competitive practices. These are called Block Exemption Regulations. Thus, there are few instances which if comply with by any entity then the restrictions that are placed under Article 101 of TFEU are not applicable. The same are, if the interest of the consumer prevails; if the production of the goods is not hampered; if the agreement does not curb the technical and economic progress; does not hamper the position of the market or competition in the market or the interest of the members, etc. (Europa, 2011) 

Task 4

LO 4.1 Identify and explain the different forms of intellectual property rights

One of the most important rights that are normally granted to people is the Intellectual Property Right. An intellectual property Right is the right which is provided to the maker of the work, music, art, design, invention etc. Once an intellectual property is granted to the maker, then, he is the sole ownership and has exclusive rights over the property. No person is permitted to interfere with the rights of the maker. Normally, the main kinds of Intellectual property rights are:

  1. Copyright - The copyright, design and patents act 1988 is enacted to protect the copyright in the work. It is an automatic generate right and is granted to the maker even if no registration is secured by the maker of the copyright. Copyright is the right that is granted for musical, artistic, literati, etc works. Once a copyright is granted, no  person is allowed to interfere in the said right.  
  2. Trademark – The Trademark act 1998 is the enactment that is established to grant trademark. A trademark grants protection to logo, word mark, symbol etc. Once a trademark is granted, no person is allowed to interfere in the said right.  
  3. Design - The copyright, design and patents act 1988 is enacted to protect the design right. The design act grants protection to colour, texture, shape of a product and makes sure that there is no similarity amid the designs of two persons. Once a design right is granted, no person is allowed to interfere in the said right.  
  4. Patent - The patent Act 1977 is enacted to protect the patent in the work. It is granted for an invention which is novel and has industrial application

LO 4.2 Outline the principles relating to the protection of inventions through patent rights and legal rules preventing their infringement. 

The patent Act 1977 is enacted to protect the patent in the work. It is a right that is provided for inventions which are novel. When the inventor acquires patent over any invention then he has exclusive right over such inventions and no other person is allowed to undertake any activity regarding the invention without prior approval of the inventor.  Both product and process patents can be acquired by the inventor. As per section 1 of the Patent Act 1977, if any person needs to secure patent then, the invention against which the patent is sought must be novel. Further, the invention is created by following an invention step which signifies that the step is not very basic in the field in which the patent is sought and is invented by an through expertise and knowledge. Also, the invention must have some kind of industrial application. Once all the steps are comply with, then, a patent can be granted to an invention. (ProspectIP, 2014)

As soon as a patent is granted to a person, he secures exclusive right over the invention and has all the right to deal with the invention, that is, he can license, sell, use, import, etc. This exclusive right is for twenty years from its registration date. If any other person tries to sell, use, imports or carry out any work related to the patent without the permission on the inventor, then, it is called infringe net and the inventor has full right to sue the infringer and claim profits, damages, injunctions, delivery of products, declaration, etc. (Nibusinessinfor, 2015)

LO 4.3 Describe the principles relating to copyright protection and the legal rules preventing their infringement. 

The copyright, design and patents act 1988 is enacted to protect the copyright in the work. The protection is not provided to the ideas, but, the protection is granted to the expression of ideas. People can use the same idea but can express the same differently in order to secure protection in each expression of ideas. There is no need that in order to secure copyright there must be registration of the copyright work, rather, the protection that is granted in the copyright work is automatic and is provided as soon as the work is created. As per section 1 of the copyright, design and patents act 1988, copyright to granted in artistic, literary, photography, musical, recordings, dramatic, layouts, broadcasts, etc. Once a copyright is granted, the creator gets an exclusive right over the copyright work but the protection that is granted varies upon the kind of work that is protected. For instance, the copyright in dramatic, literary, artistic and musical work is the author’s life and seventy years beyond that. Likewise, in Typographical arrangements, the copyright that is granted is twenty five years. In computer generated work, the copyright that is granted is fifty years. (Taylorwessing, 2013)

Once a copyright is granted to a person, then, he exclusive right to perform, make copies, sell, adapt the work, communicate, etc, the work  (section 16 of the Act) . If any other person tries to sell, use, make copy, communicate,  imports or carry out any work related to the copyright without the permission on the owner, then, it is called infringement and the owner has full right to sue the infringer and claim profits, damages, injunctions, delivery of products, declaration, etc. (Findlaw, 2017)

LO 4.4 Compare and contrast the protection of trademarks and business names 

A comparison is made amid the protection of trademarks and business names.(Battle, n.d)

A trademark can be granted protection provided the same is registered by complying with the procedures mentioned under the Trademarks Act 1998. But, if any person needs to protect any business name, then, it can be protected provided the same is registered as per a trademark;
If any person intends to register a trademark then the same is registered at the Intellectual property office of United Kingdom. But, if any person wants o register the business names then the same is registered under the Business Names Registration Act.
When a trademark is registered then the owner has exclusive right and sues the infringer for infringement of trademark and passing off both. but, in case of business names, the only action that can be taken by the person is sue for passing off;
A better protection can be granted to a business name if the same is registered as a trademark but the same is not in the case of trademarks.

Thus, these are the basic difference amid the two.

Conclusion:

After understating all the laws it is submitted and concluded that all the law, whether it is intellectual property laws or the laws dealing with the sales of goods and services or the laws dealing with monopolies or the laws concerning credits and consumers, it is summarized that are these laws are of great significance and must be adhere with at all times.

Reference:

Books/Articles/Journals

Atiyah et al. ( 2005) sale of goods. pearson education.

Ashurst (2009) Limitation and Exclusion of Liability.

Bellamy et al (2013) UK competition law reforms approved by parliament.

Burmby C (2012) Studying Tort Law: A Guide to the Consumer Protection Act 1987.

Citizens advice (2015) conditional sale agreement – buying on credit.

Donoghue & Padilla (2015) The Law and Economics of Article 102 TFEU .

Europa (2011) Application of Articles 101 and 102 TFEU (formerly Articles 81 and 82 of the EC Treaty).

Jones et al (2004) EC Competition Law-Text, cases and materials, second edition, 2004, Great Britain, p. 255.

Kew & Stredwick  (2005) Business Environment: Managing in a Strategic Context.

Lardbucket (2012) Relationships between Principal and Agent.

Merret L (2015) Commercial Law Lectures, Sale Of Goods.

Owens K (2001) Law for Non-Law students. 

Rogers K (2004) A Case harshly treated? Watteau v Fenwick re-evaluated.

Student Law Journal (2001) (Online). Available at: https://www.studentlawjournal.com/articles/2007/consumer/ccdfn07.htm. (Accessed on 2nd August 2016);

The Law Teacher, (2015) Law has imposed more responsibility on the seller to protect buyers.

Legislation

Supply of Goods and Services Act 1982

The Sales of Goods Act 1979.

Case laws

Bettini v Gye (1876).

Bernstein v Pamson (1987);

Beale v Taylor (1967).

Dennant v Skinner (1948).

Donoghue v Stevenson (1932).

Esso Petroleum v Mardon (1976). 

Grant v Australian Knitting Ltd (1936).

Healy v Howlett and Sons 1917).  

Helby v Matthews (1895).

Niblett v Confectioners' Material (1921).

Office of Fair Trading v IBA Health Ltd (2004).  

Poussard v Spiers and Pond (1876).

Underwood v Burgh Castle Brick and Cement Syndicate 1922).

WL Thompson Ltd v Robinson Ltd (1955).

Battle (n.d) (Online). Available at: https://webcache.googleusercontent.com/search?q=cache:9LDjfYwYL0MJ:battle.ie/faqs/+&cd=18&hl=en&ct=clnk&gl=in. (Accessed on 18th April 2017).

BIS (2010) (Online). Available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/422707/bis-10-1053-consumer-credit-directive-guidance.pdf. (Accessed on 18th April 2017).

Economics help (n.d) (Online). Available at: https://www.economicshelp.org/blog/glossary/competition-commission/. (Accessed on 18th April 2017).

Event Justice (2012) An introduction to breach of contract (Online). Available at: https://eventjuice.co.uk/an-introduction-to-breach-of-contract/. (Accessed on 18th April 2017).

Find Law (2014) The Office of Fair Trading (Online). Available at: https://www.findlaw.co.uk/law/consumer/consumer_protection/500343.html. (Accessed on 18th April 2017).

Findlaw (2015) what are the repercussions for the breach of copyright (Online). Available at: https://www.findlaw.co.uk/law/small_business/intellectual_property/copyrights/500585.html. (Accessed on 18th April 2017).

Gov. UK (n.d) Consumer Remedies for faulty goods (Online). Available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/238543/7725.pdf. (Accessed on 18th April 2017).

Inbrief (2015) (Online). Available at: https://www.inbrief.co.uk/sales-law/product-liability.htm. (Accessed on 18th April 2017).

Kaplan (n.d) (Online). Available at: https://financial.kaplan.co.uk/Documents/ICAEW/icaew_agency.pdf. (Accessed on 18th April 2017).

Outlaw (2015) product liability for negligence (Online). Available at: https://www.out-law.com/en/topics/commercial/supply-of-goods-and-services/product-liability-for-negligence/. (Accessed on 18th April 2017).

Nibusinessinfor (2015) Patent (Online). Available at: https://www.nibusinessinfo.co.uk/content/patent-infringement. (Accessed on 18th April 2017).

ProspectIP (2014) Types of Intellectual Property Rights (Online). Available at: https://www.dmu.ac.uk/research/research-support/intellectual-property/types-of-intellectual-property-rights.aspx. (Accessed on 18th April 2017).

Taylorwessing (2013) copyright (Online). Available at: https://www.taylorwessing.com/download/article_3d_printer_guide.html#.VWVieM-qqko. (Accessed on 18th April 2017).

This problem has been solved.


Please send an Email to help@urgenthomework.com with the Payment ID and the link to the document to collect by email


Cite This work.

To export a reference to this article please select a referencing stye below.

Urgent Homework (2022) . Retrive from https://www.urgenthomework.com/sample-homework/nm11-business-and-law-analysis-of-sales-of-goods-act-1979

"." Urgent Homework ,2022, https://www.urgenthomework.com/sample-homework/nm11-business-and-law-analysis-of-sales-of-goods-act-1979

Urgent Homework (2022) . Available from: https://www.urgenthomework.com/sample-homework/nm11-business-and-law-analysis-of-sales-of-goods-act-1979

[Accessed 29/09/2022].

Urgent Homework . ''(Urgent Homework ,2022) https://www.urgenthomework.com/sample-homework/nm11-business-and-law-analysis-of-sales-of-goods-act-1979 accessed 29/09/2022.


Buy NM11 Business and Law : Analysis of Sales of goods Act 1979 Answers Online

Talk to our expert to get the help with NM11 Business and Law : Analysis of Sales of goods Act 1979 Answers to complete your assessment on time and boost your grades now

The main aim/motive of the management assignment help services is to get connect with a greater number of students, and effectively help, and support them in getting completing their assignments the students also get find this a wonderful opportunity where they could effectively learn more about their topics, as the experts also have the best team members with them in which all the members effectively support each other to get complete their diploma assignments. They complete the assessments of the students in an appropriate manner and deliver them back to the students before the due date of the assignment so that the students could timely submit this, and can score higher marks. The experts of the assignment help services at urgenthomework.com are so much skilled, capable, talented, and experienced in their field of programming homework help writing assignments, so, for this, they can effectively write the best economics assignment help services.

Get Online Support for NM11 Business and Law : Analysis of Sales of goods Act 1979 Assignment Help Online

Resources

    • 24 x 7 Availability.
    • Trained and Certified Experts.
    • Deadline Guaranteed.
    • Plagiarism Free.
    • Privacy Guaranteed.
    • Free download.
    • Online help for all project.
    • Homework Help Services

Tap to Chat
Get Instant Assignment Help
Tap to Chat
Get Instant Assignment Help