Business Legislation Assignment

Qualification - BTEC Higher National Diploma in Business

Unit number and title - Unit 26 BUSINESS LAW

QFC Level - Level 5

Unit Code - R/601/1145

Assignment
TASK 1 to TASK 4: You are required to follow the instructions as specified towards each task and support with research by using supportive materials like Case laws, legislations, Business Law textbooks, websites, etc., and give a feedback on the findings by relating your arguments to the relevant case studies as specified towards each task. The case studies are specified before each task below.

Task 1
Be able to apply the main principles affecting the legal relationship between business organisations and their consumers

CASE STUDY
After closing from work one day, Mr Adam decided to stop by a Departmental Store to check out the latest TV sets in stock with a view to replacing the old one at home. The store manager, Miss Bianca took Mr Adam round to show him all they have got in stock and answer all his questions about the TV sets. Adam was particularly impressed with one of the TV sets which the store manager described as ‘very high quality, durable and good value for money'. This was also written and pasted on the TV set as well. Mr Adam decided to purchase the flat screen 42?inch remote control TV set and after signing all the paper works, Mr Adam was informed that the TV set would be delivered to his house within the next three working days. Mr Adam was very happy when his new TV set was eventually delivered and installed by the engineers of the Departmental store.

The TV set was working fine for the first three weeks. However one fine day just as he sat down to enjoy the Sunday afternoon film, there was a flash and puffs of smoke could be seen coming out from the back of the set. When he called and informed the Departmental store about it, they said when the TV set was installed, it was working well and that Mr Adam had even signed the document issued by the engineers who had installed it as prove that everything was okay before they left, hence they will not be accepting any responsibility for the faulty TV. The Departmental Store also said the contractual document which Adam had signed had a clause which made it clear that the Store accepts no responsibility for the malfunctioning of goods once supplied and installed. Mr Adam has now come to you for advice as to what his options are in law.

With approximately 1000 words, address the above case study in dealing with the issues below.
P1.1 Analyse and advice Mr Adam on the legal rules on implied terms relating to the sale of goods and supply of services
P1.2 Analyse and advice Mr Adam on the statutory provisions on the transfer of property and possession
P1.3 evaluate the statutory provisions on buyer's and seller's remedies in sale of goods contracts
P1.4 apply product liability statutory provisions for faulty goods

Task 2
Be able to apply the legal rules on consumer credit agreements and agency

CASE STUDY
Claire wishes to replace her old car with a new one but do not have the full sum needed to purchase the car. She believes she currently has a good credit rating according to credit rating agency Equifax and is pretty sure that getting credit may not be a problem. However she is worried that due to the persistently bleak economic situation in the country, she may become unemployed at anytime.
Claire is also training to become an Estate Agent just in case she is made redundant from her current job and has now learnt that she has certain legal obligations towards her potential clients. She is now seeking your advice on the legal issues she has raised

With approximately 1000 words, address the above case study in dealing with the issues below.
P2.1 Differentiate between types of credit agreements which Claire could use to obtain the new car.
P2.2 Analyse 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.
P2.3 Analyse the general features of Agency and differentiate between the different types of agent.
P2.4 Evaluate the rights and duties of an agent to assist Claire understand her position once she becomes an Estate Agent.

Task 3
Understand the legal rules relating to monopolies, mergers and anticompetitive practices
With the use of examples and organisations of your choice present before the class your findings with the help of Power point presentation, followed by a word report and answer the following in not more than 1000 words.

P3.1 outline monopolies and anti-competitive practice legislation in the UK
P3.2 explain the role of the Competition Commission within the context of monopolies and anti-competitive practices and the UK Office of Fair Trading
P3.3 define dominant positions within the EU common market
P3.4 consider the application of EU exemptions to potentially anti-competitive practices

Task 4
Know the key provisions relating to intellectual property rights
You are required to carry out a research by using case studies or examples of your choice and supportive materials like case laws, legislations, books, websites, etc., and give a feedback of the findings with an essay of approximately 1000 words on the following;

P4.1 Identify differing forms of intellectual property
P4.2 Outline the principles relating to the protection of inventions through patent rights and their infringement in a given business scenario
P4.3 Describe the principles relating to copyright protection and their infringement in a given business scenario
P4.4 Compare and contrast the protection of trademarks and business names.

For each of the tasks above, you are being asked to give legal advice where appropriate on the issues raised in about 1000 wordseach. You are reminded that you must refer to relevant legislation and case laws in your answers and to reference sources used. Cases cited in the body of the written work should be in bold with the full citation e.g. Smith v Jones 2001 2AER 19. You may use an abbreviated form of the title after the first citation e.g. The Sale of Goods Act 1979 (amended) and then subsequently (SOGA 1979). Sections of a statute may be quoted as follows: section 10 asS.10and Section 10 paragraph/subsection 2 - asS.10 (2).Arial or Tahoma format would be the preferred font but you may use any other clear font.

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