You are a team member In a management consuLtancy with the responsibility of advising cLients on consumer rights and remedies. The following cases has been passed on to you on a Monday morning for your attention and action:
Case 1: Mrs Smith, a hairdresser by profession owns a saloon and needed a new industriaL hair dryer as part of her business expansion project. She saw an advert In a Local newspaper for a hair dryer an the t 5th of May 2015 and went to Look at it. The owner was second hand dealer hairdressing equipment. Mrs Smith agreed to buy after inspecting it and the dealer agreed to deliver It to Mrs Smiths saloon the next day. Unfortunately the hairdryer fell and was damaged in the moving process, but It was still delivered to Mrs Smiths saloon as promised.
Case 2: As part of the expansion project, Mrs Smith went to Aif & Sons a carpet retailer to purchase a carpet, As part of the transaction AIf & Sons would supply and lay the carpet at Mrs Smiths saloon. Mrs Smith made of full payment to AIf & Sons foi the transaction Including delivery and fitting of the carpet. On the 20m of May 2015, a large roll of carpet was left at the front of Mrs Smiths business premises by the courier as there was no one available in the saloon per the agreed delivery scheduled time to sign foc it. However, the carpet was stolen before the workmen could lay It. Mrs Smith has requested for a full refund for the whole transaction as it was not received and signed for by her or a representative. AIf ft Sons have rejected her refund request on the grounds that It had been delivered as agreed and they can only offer her a partial refund for the fitting of the carpet wNch did not happen.
Case 3:In the same week, Mrs Smith purchased a portable hair straightener for use by her daughter from urrys which caught fire after the first day of use. Fortunately the daughter did not get hurt but Lhe product was damaged in the process and stopped working.
Case 4:Mrs Smiths son, Peter agrees to take a car on Hire Purchase (HP) from AIf & Sons car dealers, for a totaL HP price of 6500 which was made up of 1700 deposit and 24 monthLy payments of 200. Peter has just Lost his job and he is confused as to whether to write a Letter to AIf & Sons Finance with an intention of termination or just to stop paying with the view of getting a job soon to keep up the payments.
Your supervisor wants you to demonstrate your knowledge and ability to apply the main principles affecting the legal relationship between business organisations and their consumers in a report format to advise the parties involved in the scenario above. The report must cover the following criteria: a)
1.1 Apply the legal rules on implied terms relating to the Sate of Goods Act and Supply of Services identifying the areas of the statute that are involved to advice Mrs Smith
1.2 Apply the statutory provisions on the transfer of property and possession using and appLying the areas of the statute that will aid your decision on the case.
1.3 Evaluate the statutory provisions on buyers and sellers remedies availabLe to decide on a breach of contract for either party.
1.4 Apply product liabiLity statutory provisions reference to the daughters hair straightener.
2.2 As a business law student, Apply ruLes, termination rights and default notices in an attempt to expLain to Peter his rights and responsibilities under consumer credit.
At the end of the six months attachment, the manager at the consuLtancy has asked you to prepare an Information Pack to demonstrate your knowledge and understanding of Law relating to Consumer Credit, Monopolies and Intellectual Property as it relates to business and its everyday dealings. The manager has asked that the information pack should cover the following Criteria: a)
2.1 Differentiate between types of credit agreements.
2.3 Differentiate between the different types of agent.
2.4 Evaluate the rights and duties of an agent.
3.1 Outline monopolies and anticompetitive practice Legislation in the UK.
3.2 Explain the role of the Competition Commission within the context of monopolies and anticompetitlve practices and the UK office of Fair Trading.
3.3 Define dominant positions within the EU common market.
3.4 Consider the appLication of EU exemptions to potentialLy anti competitlve practices.
4.1 Identify differing forms of intelLectual property with examples.
4.4 Compare and Contrast the protection of trademarks and business names.
Tony and James, two computer science majors have an Idea of a new video game they catted Hallowed. They form a business and begin developing the idea. Several months taler, Tony and James run into a technical problem with the design and deade to consult a friend Eric an expert in designing computer secure codes. After the software Is developed but just before hallowed could be marketed, a video game titled Halo 2 is released foc both the Play station and Xbox consoles. Hato 2 uses source codes similar to that of the ones Invented by Tony and James for Hallowed and imitates Its overaLl feet and like although not alt the features are alike. (Source: The legal environment today, by Roger Miller and Frank Cross, Google Books).
The Manager at the consultancy has asked you to prepare a Briefing Paper to advise Tony and James based on the scenario above. The Briefing Paper must cover the following criteria: a)
4.2 Outline the principles relating to the protection of inventions through patent rights and their infringement to advise Tony and James.
4.3 Describe the principles relating co copyright protection arid their Infringement as part of the advice to Tony and James.