An analysis is drawn regarding legal recommendations given to Ben's.
- Analysis of legal rules followed regarding sales and supply of goods within Bens'.
- Application of legal rules over consumer credit.
- Understanding of legal rules associated with monopoly and mergers.
- Assessment of knowledge regarding intellectual property rights.
Business law is all about necessary norms, beliefs, rules and regulations which is applied on overall corporate park for reducing the chances of mistakes and errors. Legal bodies are playing very crucial in enhancing the performance of an organization by implementing numerous of laws and acts on association. Their main objective is to create peaceful environment at marketplace in order to maximize the national income by offering best facilities to common people . Therefore, the assignment is going to highlight major legal laws which is applicable on sale of goods and acts related with purchasing of products. However, overall report is based on Ben's case study in which he is engaged in a wrongful conduct. Thus, assignment is covering number of factors such as; types of credit agreements, rights of agents, types of agency, laws related with anti-competition and so on. Furthermore, legal rules which are designed for protecting intellectual properties are going to framed as well as showing the comparison between business names and trademarks. Hence, it has been understood that legal rules and regulations are playing eminent role in preventing innocent parties from wrongful conducts.
1.1 Recommendation given to Ben on legitimate rules related to sale of goods and supply of services
As per given contextual investigation Ben's are confronting a noteworthy issue after purchasing a second hand vehicle because of procuring wrong data and information about the item. In this way, as indicated by section 12 of sales of goods act 1979 it has been recognized that inferred circumstances expressed that vendor has the authorisation to offer their items per their terms and conditions. In addition, different sections of this demonstration comprise of other important data which must be considered while including in an agreement, for example,
- Section 13-Goods must have in a same circumstance according to depiction is given.
- Section 14 – Its about nature of item that implies it must fulfilled the clients with best quality.
Henceforth, if the purchaser item is recognized as a faulty within a half year of obtaining time period then broker must have right to break the concurrence with customers. That is to say, section 14 is connected with this circumstance because buying product must fulfils the reason for which it is composed. In this manner, in a given situation car get obstructed while travelling and its speed is likewise constraining in a sudden circumstances.
1.2 Legal norms on transfer of possession
The statutory condition covers the transferral of belongings and ownership under the Sale of Goods Act, 1979, which is acknowledged under 5. Title and Passing of Belongings
5.1 The vendor title
(a) Section 12 sale of Goods act 1979 according to this the vendor have the authority to sell the items.
5.2 Transferral of belongings between marketer and purchaser
Under this law there are various outcomes that comes from the passing of belongings, including-
- if the property as products soled to the customer then they will have the title on the property, in proceeding the marketer become bankruptcy still in that situation they have right on the property.
- The authority to sue a tertiary party for the compensation or failure of the property depends on the title of the belongings on that period.
- Uncertainty associated with the property will be passed to another party on the time of transfer of the property.
Further are the statutory provisions that can apply by Ben-
Section 16 : The possession of goods will transfer to one individual to some other if they are ascertain.
Section 17 : Under this section the goods must be determined or particular, but the belongings can be pass only when the owner intended to pass it.
1.3 Legitimate provisions on purchaser and seller’s rectification in sale of goods contracts
The statutory rules and regulations on buyers and sellers correction in the selling of goods act are granted in the Sale of Goods Act, 1979 and they are explained as follows:-
Remediation of seller as follows -
Non-paying seller – According to Section 38 1979, marketer is non-paying vendor when the entire cost of the product is not paying to them.
Right of the unpaid seller – As covered in the Section 39, 1979 the non-paying seller has lien on the products or they have the authority to retain the goods under their possession until the price will not completely pay off.
Remedies for the buyer – According to this element it has been analysed that users are having extra authorities as per the act; 5A SGA 1979 in which they don't compel with the selling agreements at the time of transferral or for specific duration that is of six months from the purchase.
- Under Section 48B (1) of SOGA act 1979 the buyer may require to reparation or exchange the product at marketer cost.
- Section 48C (1) decrease of cost, refers to reduction of the price from seller's side if they fails to repair or replace the products.
1.4 Examine and suggest on merchandise obligation judicial rules and statutory norms
Goods considers defective in case of unrecorded up the circumstances of merchandise as in the information of bidding law and in another sight, if the product is harmful for the person and his property, so the product liability law given under Section 3(1) of the consumer protection act 1987. In Ben's case partial conditions in Consumer Contracts Regulation 1999, provides the security to him as being a consumer and victim, so the seller is bound to repair or exchange his car.
2.1 Types of credit agreements
Ben has a desire to purchase a new car with the replacement of his old car, but he has lack of amount to purchase a new car, so there are some creditor’s in the market who lends money according to the consumer credit agreement. User credit agreements are those agreement which offers debt to the user or take the credit for a particular duration of time, after the completion of time period the amount of have to be return. According to Consumer Credit Act 1974, number of credit agreements are identifies, that are discussed below -
Restricted use of credit - As the title defines itself is the credit is provided under the agreement is restricted to use by creditors but the debtors can be use the money in way they want, although some uses can be contravene this agreement or other agreements.
Unrestricted use of credit – Unrestricted credit is not covered under the section 11(1) of consumer credit act 1974, and it offered with this contract is free to use.
Debtor-creditor suppliers contracts – There is an arrangement which is designed as per section 12 in client credit contracts, the unrestricted agreement is formalized by the creditor as per pre – existent set up betwixt himself and suppliers with the acknowledgement that credit is to be use for accounting transaction between the debtors and the suppliers.
Debtor-creditor agreements – This correspondence is fall as per section 13 of consumer credit agreement 1974, and only the debtors and the suppliers has the knowledge that the finance is use to make transactions between the them, there is no involvement of creditor and it is not come under any active arrangements.
2.2 Rules, termination rights and default notices
Ben have the authority to end a credit written agreement with the laws of consumer protection act, 1974 at any instance of time but before signing an agreements or within 14 days of signing agreements. Before terminating or breaching the agreement
Ben have to inform the creditor that he is cancelling the agreements through a written notice which is known as giving notice in default case. In giving notice the creditor or the proprietor is not eligible to end a controlled contract except by, that means only the informer who is giving the notice only mentioned in the notice.
Ben has the right to make early payments what are due-
- The Arrears Notice must be send by the loaner along with Financial Conduct Authority (FCA) information sheet but it can be exempted in the presence of Green deal plan.
After that the borrower is also have to send Ben a failure notification which should also consider FCA data sheet that is also available from its website, the default notice contains the information and clauses that are applicable in specific circumstances, it is a notice to Ben that tells him that what he can do in proper manner to avoid the consequences, and the clauses that covers the conditions what ca