The Different Types Of Intellectual Property
The different types of intellectual property will be explained in this report by giving its remedies available for the infringement made. Secondly this report consists of the concept of Agency and explains the duties of agent. Thereafter hot topics of Sales of goods and supply of services is emphasised upon by giving proper practical implications of the same. Concept of product liability, remedies available regarding the injuries resulting out of supply of defective goods will be explained in this context. Lastly the concept of credit agreements will be explained by describing their different kinds and termination policy
P1.1 Evaluate and advice the parties on the legal rules on implied terms that relate to the sale of goods and supply of services
In this situation it has been concluded that legal duty binds Emmanuel to make a delivery of car, which is not affected by any defects resulting into any kind of danger to the public life. All this is covered under the implied condition of Sales of Goods and Supply of Services Act. All the agreed repairs to John were been made by Emmanuel. The car destroyed due to fire, before providing any kind of information regarding the repair of car to John. Due to this the performance of the contract becomes impossible; hence Emmanuel is bound to return all the advance money given by John. Therefore there is a termination of a contract due to which Emmanuel is liable to compensate John for all the involved damages.
SALES OF GOODS AND SUPPLY OF SERVICES
This section says about the implied conditions resulting out of the sale made regarding motor vehicles. there is an implied condition noticed in every sale contract related to motor vehicle, but it does not include those contracts where the there is a dealing made for sales of motor vehicle. It should be affirmed that the vehicle to be delivered should not be affected with any kind of defects resulting danger for the public (legislation.gov.uk, n.d.).
P1.2 Examine and advice receiver on the statutory provisions on the transfer of property and possession
Here in this case it has been observed that an order of 200, 200 and 600 computers were made by James, David and Paul consequently to Joe. In concern with this all the payment was made in advance. This deal was made by Joe even after knowing the fact that he is available with only 500 computers in stock. Thereafter Joe was declared insolvent. Hence James, David and Paul could claim damages regarding the losses faced by them due to the breach made by Joe. It is the duty of Receiver to make a consideration of these claims while ascertaining the assets.
A court appoints a receiver regarding managing, preserving property or money concern with the litigation for making them available regarding accomplishment of order in accordance with the final judgement (TheFreeDictionary by Farlex, 2014).
REMEDIES AVAILABLE TO BUYER’S FOR NON-DELIVERY: (Section 51)
- In result of the breach of contract by seller, the losses arising are considered as consequential losses done either directly or naturally committed within the course of business.
- Primarily there should be calculations made regarding the damages, in a situation when the goods in questions are the existing goods in the market.
- In regard with the caused injury because of the goods which are not delivered as the seller refused to do so, legal action can be taken by the buyer or seller (legislation gov. UK, 1974).
P1.3 Analyze the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts
In accordance with the Consumer Protection Act 1987, defective goods includes those goods which influenced the consumer’s safety covering all injuries like personal injury and property risk (pinsent Masons, 2011).