Analyze Business Law in UK and EU and how it affects sellers and customers: Business Law Assignment UK

Learning Outcome. The learning will:

● Be able to understand Business Law. From examples of a medium-sized business, I will explain in detail how to apply Business Law in a classic example of business.

The assessment criteria. The learner can:

● Analyze Business Law in UK and EU and how it affects sellers and customers.
● Analyze the duties and rights of both sides of a business, the buyer and the seller/owner of a business. Understand it from examples that can be applied in real life
● Understanding and analyzing business law from a classic and common perspective. A used car company analyzes the mistakes made by the company and the customer.

Task 1 – Business to consumer relationship.

● Facts that happened in the following case:

Jason was involved in selling second-hand cars.

Although Jason told him that the rest was in working order, Gary’s test drive after making the purchase revealed that the seat was heating up.

Implied Contract

In some cases, even when the terms are not stated expressly, a contract is recognized if the behavior of the parties plainly shows a willingness to enter into an agreement. Despite there being no written offer or acceptance, this is referred to as an implied contract. In other words, a contractual connection results from the actions of the parties.

Contractual terms may alter the language you’re reading. They are able to balance out unfair corporate contracts. They can deal with conduct that impedes the contract’s performance.

All contracts, whether they be between a business and a consumer, between businesses, or between two persons, must follow the same legal guidelines when implying terms. There is no distinction.

In a legal sense, there are two different categories of contractual terms: express terms and implied terms.

Only when specific legal requirements are satisfied can the law impose implied terms and conditions.

An implied condition in a contract for the sale of goods as defined under the Sale of Goods Act of 1979 (SOGA) (contract for the sale of the car.). If a product satisfies the criteria that a reasonable person would consider satisfactory, taking into account:
● Any product description;
● The value;
● Other circumstances in general (section 14(2A), SOGA).

In order to assess if things are of adequate quality, it is also necessary to consider their state and condition as well as the following factors (among others):
● Suitability for all intended uses for which products of that type are typically provided;
● Aesthetics and finish;
● Absence of small flaws;
● Safety;
● Durability (section 14(2B), SOGA).

Regarding Title: Condition

The implicit condition of title is that the buyer “has a right to sell the goods in the case of a sale and that the buyer will have a right to sell the goods in the case of an agreement to sell, at the time the property is to pass,” as stated in Section 14(a) of the Sale of Goods Act of 1930.

This shows that the seller is only permitted to sell a good if he is the rightful owner, is in possession of the title to the goods, or represents the title holder. An implied prerequisite for the sale of a good is its title or ownership of the good. If the seller sells the stated item to the buyer without actually holding the title, a condition is breached. In this situation, the buyer has two choices: either return the goods to the seller and ask for a refund or refuse to accept the goods at any point after learning of the vendor’s fictitious title or before delivery.

Breach of an Implied Term

Contracts with inferred terms have “equal status” with those with clear terms.
They will either:

● Terms of the agreement
● Warranties,
● Unnamed terms.

As a result, they will be handled exactly like every other clause in the contract since that is what they are.

Implied terms come in two different varieties.

1. Category of the Contract: Under the applicable legal standard, the term must be implied.

2. Case Details: Based on the facts of the case, the inferred term is necessary. These unstated conditions are unique. Although some are frequently indicated in company contracts for “business efficacy” reasons.

3. Contracts for the Sale of Goods (applicable in the sale of the car).

The following clauses are included in contracts for the sale of goods:
The seller has the right to sell the goods. This is also a condition of the contract

a. The items are not subject to any unauthorized security interests,

b. The items delivered under the contract will be suitably suitable for any use that the buyer disclosed to the supplier.

c. Unseen sales of items will be of merchantable quality, adhere to a sample, and match their description.

When a term is implied, it is taken to have been part of the agreement from the start. The contract was created at that point.

A term will only be implied if it is necessary to give the contract “business effectiveness.” In essence, without it, the contract cannot be implemented.

Conclusion

The Sale of Goods Act includes provisions for implied conditions and guarantees to safeguard purchasers from seller fraud. However, since a seller cannot be held accountable for a customer’s poor decision, it is the seller’s responsibility to first check for obvious flaws and inquire about the product’s quality before entering into a contract of sale of goods.

It is advised that the buyer expresses the goal and provides a reasonable description of the items thus wanted in order to ensure that the seller purchases an appropriate good.

Evaluate statutory transfers of legal and possessory titles

Sellers are said to have ‘possessory’ titles rather than ‘absolute’ titles when their rights are based on hostile possession (often referred to as squatting) or when their rights cannot be established because the title deeds have been destroyed or lost.

Possessory titles are frequently issued when the owner asserts that they have obtained the items through hostile possession. Alternately, it could occur when the estate’s owner is unable to provide documentary proof of ownership for some reason. These books are uncommon.

Under these conditions, the statutory transfer of legal and possessory titles is applicable:

A) After the initial six months have passed, the transferee has rights under Section 8 (2) of the Act, 2004. Following seven months from the transfer of the vehicle’s titles, Gary will have exclusive possession of the vehicle and all required repairs. Because the Act of 2004 places responsibility on the transfer for a period of six months, which is given to make the transferee understand the full extent of any flaws associated with the property so they can decide, Gary would have the possessory title in the aforementioned circumstances, which occurred after seven months of the transfer and return it to the transferor. However, in the example at hand, since Gary discovered a problem with the car’s back axle seven months after the transfer, Gary is likely to have treated the car incorrectly or not have been concerned enough to notice all the property after six months had passed. The transferee would be solely responsible for any actions taken while exercising possessory title.

B) The statutory Possessory Titles of the car would be on Jason in the scenario where Gary asked Jason to fix the clutch since Section 8 (2), according to the Possessory Titles Act of 2004, the possession title must be held for six weeks before being transferred. Given that the Possessory Titles Act of 2004’s Section 8 (2) stipulates that a transfer of title and possession remains with the transferee, Gary would be the only one having the actual Possessory Titles in the first scenario, which takes place two weeks after the transfer of the vehicle. In the same way, Gary would be in charge of fixing any problems with the car that were discovered within six months of the transfer. As a result, Jason would be responsible for any circumstances that resulted from the car’s fault due to his possessory title, which was not absolute nor legitimate.

C) As stated in Section 8(2), after six months have passed following the transfer, the Possessory Title of the property becomes absolutely transferred, and the transferee is responsible for any mishaps resulting from improper handling of the property, Gary is the owner of the Possessory Title for the accident Gary experienced while returning the car to Jason.
The Possessory Title for the accident Gary caused while returning the car to Jason would be Gary’s responsibility because the exemption period as outlined in Section 8 (20) of the Possessory Titles Act of 2004 expires within six months of the transfer. Gary would be fully accountable for the accident due to fault in the car because he was returning the car to Jason after seven months of the transfer.

D) Since Jason’s title was invalid, he would hold possession of the vehicle in the scenario where Gary was informed by the police that the car was stolen property. This is because Section 29 of the Act of 2004 states that a person does not have possession of a piece of property if possession is not granted in accordance with the Act or by a court order.

What recourse Gary has:

Gary has the right to request a refund of the car after alerting the police because it was a stolen vehicle. When Gary turns the item in, the police will assign him a crime reference number and a property log number. Along with the receipt or any other form of proof of purchase, he can provide these to the seller as evidence that he has returned the goods (ex: bank statement).

Does Jason have to fix the clutch?

The Consumer Rights Act, which offers a statutory warranty for used cars purchased from a dealer, has been protecting those who purchase used cars since 2015.

There is no one correct response to the question of what constitutes a statutory warranty on a used car. The length of time a buyer has owned their car and the method of purchase will determine the level of protection they will have under the Consumer Rights Act of 2015.

-If an automobile has a problem within the first 30 days of purchase, it is still covered by the manufacturer’s warranty, and the buyer can simply reject the car and return it to the dealer for a refund.

Unless the seller can show otherwise, the vehicle is still covered by the statutory warranty if a problem shows up between 30 and six months after the date of purchase. In this case, the law presumes that the issue was present at the time of purchase. Here, the vendor only gets one chance to make things right. If they are unable to achieve that, the buyer is entitled to a refund; however, the amount of the return may be less than the initial purchase price in order to take into account the period the car has been operational.

After six months, the automatic protection of the Consumer Rights Act 2015 expires. It is up to the buyer to prove that there was a fault with the car at the time of purchase if they want to pursue a dealer for a claim to repair a fault.

Thus, we can come to the conclusion that Jason should fix the clutch, as it is a buyer’s right.

Principles of product liability to given scenarios
One or more of the following are the most typical causes of action for bringing a claim relating to product liability:
● The Consumer Protection Act claim (usually preferred by claimants as liability is strict).
● Common law negligence action.
● Breach of contract.

The Consumer Protection Act holds a producer strictly liable for losses brought on by a defective product, in accordance with the EU Product Liability Directive. Accordingly, the claimant is exempt from having to show that the producer was at fault. Instead, to prevail in a claim, the claimant only needs to demonstrate that:
● The product had a flaw;
● The claimant experienced harm.;
● There was a connection between the flaw and the harm that was done.

A claimant might also be entitled to sue the seller for breach of contract. Either an express contractual provision relating to the defective product has been violated, or an inferred contractual term has been violated, in this case. According to the Consumer Rights Act, when a company offers a product to a customer, the contract for sale is taken to contain the following clauses:
● Goods must be of satisfactory quality.
● If the intended use of the goods is disclosed to the contracting party, the goods must be fit for that use (expressly or by implication).
● Goods must be as described.

Task 2 – Consumer Credit.

A credit agreement is a legally enforceable deal that necessitates the approval of both the lender and the borrower.

Consumer credit agreements can be regulated or unregulated, and there are a number of factors that Jason must consider when considering whether a consumer credit agreement is subject to the Consumer Credit Act 1974 (CCA 1974) or not.

The pre-contractual and post-contractual requirements required by the FCA Consumer Credit Sourcebook contain the practical application of this idea (CONC). The agreement might not be enforceable without a court order if Jason (the lender) does not comply with the pre and post-contractual disclosure requirements, and they might have violated their regulatory obligations.

The FCA Consumer Credit Sourcebook’s pre and post-contractual criteria represent the practical implementation of this concept (CONC). If Jason does not adhere to the pre and post-contractual disclosure standards, they may have broken their regulatory duties and the agreement may not be enforceable without a court order.

Specific forms of consumer credit agreements
Specific regulatory restrictions apply to particular forms of consumer credit agreements. The principal forms of contracts are:

● Consumer hire agreements

Consumer credit agreements, including consumer hire agreements, are governed by the Financial Services and Markets Act of 2000 (FSMA 2000). A person (as defined by the FCA Glossary) cannot engage in a regulated activity in the UK unless they are an authorized person or exempt, according to Section 19(1) of FSMA 2000. Unless an exemption exists, entering into or agreeing to enter into a regulated consumer hire arrangement as the owner is a designated kind of action under Article 60N(1) of the RAO.

● Debt sale and purchase agreements

For a while now, the UK has seen a lot of activity in the debt sale and buy market, which is a crucial means for lenders and debt sellers to decrease the balance sheet burden. In order to get value for underperforming accounts, debt sale is frequently used. This is particularly true for regulated mortgages, loan and card arrangements covered by the CCA 1974, specialized debt including debt from store cards, as well as distressed and bankrupt debt. The specifics of the sale documentation will vary depending on the type of debt. Debt Sale and Purchase Agreements describe the operative clauses of a debt sale and purchase agreement as well as its nature and structure.
Distinguish between actual, apparent and implied agency:

● Implied authority

When someone’s actions imply the right to act on another person’s behalf, this is known as implied authority.

Exemplo:

Consider the following scenario > During a discussion, a car salesman offers a customer a free rustproofing service. The buyer will probably assume that the salesperson is authorized to present this offer. But what if they don’t? The management will have to decide whether to accept the offer or reject it in this circumstance.

● Apparent authority

The ability to act on behalf of another person, presuming other circumstances are true, is known as apparent authority. It’s frequently used in agency law when a principal, like a business, informs a third party that an agent has its permission to act. Although there may be restrictions, the agent may act on behalf of the principal. The principal must approve all choices before they are formalized, even if the agent may be able to act on their behalf. The agent looks to have full power and authority over a third party, though.

Exemplo:

For instance, you might go to a vehicle dealership and work with an associate who crafts an agreement and even offers a $2000 discount, but the following day you discover the deal is invalid since the associate was merely a mechanic employed by the dealer and lacked the power to draft and seal a deal. Due to a staffing shortfall, he or she was merely filling in on the sales floor, but you (the third party) thought the mechanic (the agent) had the right to seem to be selling you a car on behalf of the dealership (the principal).

● Actual Authority

Actual authority is, as the words suggest, the power that the principle gives the agent, either explicitly or tacitly. When a principle behaves in a way that gives the impression to a third party that an agent has specific capabilities that he may or may not actually possess, this is known as “appearing authority.”
Actual authority is distinct from implied power, but both fall under the umbrella of the agency principle.

When the agent is given permission to act on behalf of the principal, the challenge of distinguishing between apparent authority and implicit authority typically arises. In reality, it can be difficult to tell whether a particular action taken by an agent is inextricably linked to the specific powers granted to that agent, in which case the agent may be thought to have acted under implied authority conditions, or whether it is necessary to prove that the agent has overstepped his authority and decide how the rules of apparent authority should be applied.

Both how the third party regarded the agent’s authority and how it can be evaluated in the context of the relationship between the principal and the agent should be taken into account when determining the extent of the agent’s rights. Unless the principal clearly indicates that the agent is not granted certain rights, the implied authority must be demonstrated if the agent adopts a position in which a person is typically thought to have certain rights (DeMott, 2006).

In all circumstances, the principal has the right to limit the implied powers assigned to the agent, but such a reduction must be disclosed to other parties. In the absence of such authorization, even though the agent will still act, the third party will have sufficient grounds to think that the relevant rights have been granted to them when the agent appears to have apparent power.

Car loan consumers choose conditional sale arrangements like hire purchases because they may spread out the cost of a vehicle into manageable monthly installments.

A conditional sale agreement (also known as a hire buy) for car financing consists of equal, set monthly payments made over a predetermined period of time.

The interest rate and the borrowed amount will be used to calculate the monthly installments. Another point that Jason should evaluate is that, generally, people with outstanding credit ratings will pay less interest than people with bad ratings.

The borrower could also need to submit a down payment to secure the deal, depending on Jason’s decision.

Once the last payment is made and the contract expires, the car will be owned by the person who borrowed the money.

Pre-contract:

The starting point for pre-contract requirements is the Consumer Credit Directive 2008/48/EC (CCD). The CCD contains provisions that require creditors to disclose information to consumers before they enter into certain types of agreements with consumers (Articles 5.1 to 5.5 and 6.4, of the CCD). These are encapsulated in Section 4 of the FCA’s Consumer Credit sourcebook (CONC 4). The FCA has emphasized that one of the main principles underpinning the consumer credit rules is to ensure that consumers are treated fairly.

It must be simple to comprehend and must include important financial data, such as:

● Total credit amount
● The credit period
● The full amount owed
● Examples of the amount due in the event that the debt is paid off early
● The interest rate
● The annual percentage rate (APR)
● Any additional fees or charges, such as those for late payments
The same rules that apply to pre-contractual information apply to the terms that must be included in the credit agreement instrument that the borrower signs. Additionally, this paper ought to be easy to read, straightforward, and brief.

You shall deliver a copy of the Credit Agreement and any other papers to which it refers to the Borrower after it has been executed unless such document is substantially the same as the one you have already furnished.

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