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NM11 Business And Law

tag 0 Download21 Pages / 5,169 Words
  • Course Code: NM11
  • University: De Montfort University

    MyAssignmentHelp.com is not sponsored or endorsed by this college or university

  • Country: United Kingdom

Question:

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. 
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