pg. 1 February 2017 Assignment Brief QCF Unit 26 Business Law Unit level 5 Unit code R/601/1145 Term Start Date 27/02/2017 Hand out date 27/02/2017 Submission Deadline 21/05/2017 Lectures & Formative Assessments 10 Weeks Guided learning hours 60 Module Leader Emmanuel Fomusopg. 2 February 2017 Assignment title Business law in practice Purpose of this assignment Students should be able to carry out the tasks which have been given below to show evidence of understanding the legal rules relating to Sale of Goods in L01, Consumer credit and Agency L02, Competition Law L03 and Intellectual Property L04 Task 1: REPORT 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 2017 heating. 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. (LO1 AC 1.1, AC 1.2, AC 1.3 and AC 1.4) Required 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 Be able to apply the legal rules on consumer credit agreements and agency CASE STUDY 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. (LO 2 AC 2.1, AC 2.2, AC 2.3 and AC 2.4) Required Your supervisor at the Citizens’ Advice Bureaux has asked you to write a second report of approximately 1000 words 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 an agent himself. Task 3: PRESENTATION AND ESSAY You are expected to show an understanding of the legal rules relating to monopolies, mergers and anti-competitive practicespg. 5 February 2017 (LO 3 AC3.1, AC3.2, AC3.3 and AC3.4) Required 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 1000 words, 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. (LO4 AC 4.1, AC 4.2, AC 4.3 and AC 4.4) Required 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 1000 words 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.pg. 6 February 2017 Submitting your assignment The assignment should be in a word document and preferably using Arial font size 12 and 1.5 spacing. Your assignment should be uploaded on the Turnitin Assignment submission section. It is advisable to use the Turnitin Plagiarism checker before uploading the final piece of work. Good luck Evidence Checklist Criteria Reference To achieve the criteria the evidence must show the learner have: Achieved? (tick) 1.1 apply the legal rules on implied terms relating to the sale of goods and supply of services 1.2 apply the statutory provisions on the transfer of property and possession 1.3 evaluate the statutory provisions on buyer’s and seller’s remedies 1.4 apply product liability statutory provisions 2.1 differentiate between types of credit agreements 2.2 apply rules, termination rights and default notices in a given scenario 2.3 differentiate between the different types of agent 2.4 evaluate the rights and duties of an agent 3.1 outline 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 3.3 define dominant positions within the EU common market 3.4 consider the application of EU exemptions to potentially anticompetitive practicespg. 7 February 2017 4.1 identify differing forms of intellectual property 4.2 outline the principles relating to the protection of inventions through patent rights and their infringement in a given business scenario 4.3 compare and contrast the protection of trademarks and business namespg. 8 February 2017 6. Contextualisation Grid to achieve Higher Grade Descriptors Indicative characteristics Contextualisation Merit Description M1. Identify and apply strategies to find appropriate solutions. Effective judgments have been made. An effective approach to study and research has been used. To achieve M1, you will have to apply the relevant legal theories on implied terms of Sale of Goods and Termination rights in consumer credit especially in 1.1 and 2.2 respectively in the tasks. You will also have to exercise effective judgement especially in Tasks 1.3, 3.4 and 4.4. An effective approach to study and research should have been manifested in any of the tasks to achieve an M1 as well. M2. Select/ design and apply appropriate methods/ techniques. A range of sources of information used. Appropriate structure and approach has been used. To achieve M2, you should show evidence of using a range of sources of legal information especially in to addressing tasks 2.1, 3.1, 3.2 and 3.3. An appropriate structure and approach to the tasks could also enable you achieve M2 in any of the 4 tasks.pg. 9 February 2017 M3. Present and communicate appropriate findings. Technical language accurately used. To achieve M3, you should show evidence of logical and coherent arguments particularly in 1.2, 1.3 and 2.4 in the respective tasks. You should also show evidence of accurate use of legal technical language particularly in 1.1, 1.2, 1.3, 1.4, 2.1, 2.3, 3.1, 3.3 and 4.1 in the tasks given. Distinction Descriptors D1. Use critical reflection to evaluate own work and justify valid conclusion. Evaluation has taken place using defined criteria The validity of results has been judged To achieve D1, you will have to show evidence that evaluation of the key issues have taken place with justification for your conclusions as requested in the tasks particularly in 1.3, 2.4 and 3.2. D2. Take responsibility for managing and organizing activities. Autonomy and independence has been demonstrated To achieve D2, you will have to demonstrate autonomy and evidence of independent research across your assignment. You will have to work in accordance with all deadlines for all the tasks and achieve the unit assessment criteria as well as showing the interdependence of all the learning outcomes in the assignment. D3. Demonstrate convergent, lateral and creative thinking Capacity for innovation and creative thought has been used. To achieve D3, you should show evidence of innovative thinking particularly in addressing task 3 and 4 which deals with ongoing issues in the area of Business law.pg. 10 February 2017 2.0 Glossary of academic words used in this and other assignments Account for Give reasons for: explain why something happens. Analyse Examine something in very close detail and from a number of angles. Identify the important points and chief features, and understand their relationships. Argue Present a case for and against a proposal or statement and present your own opinion at the end. Compare Show how two or more things are similar. Contrast Look at two or more things and draw out differences. State whether the differences are significant. Critically evaluate Weigh arguments for and against something, assess the strength of evidence on both sides. Define Give the exact meaning of. Describe Give a detailed account of the main features or characteristics ...pg. 11 February 2017 Discuss Write about the most important characteristics of something. Give arguments for and against, look at it from a variety of perspectives. Distinguish Identify the differences between two items. Evaluate Assess the worth or usefulness of something. Use evidence to support your opinion. Examine Look at something in detail. You may be expected to 'critically evaluate' it as well. Explain Make it clear why something happens or why it is the way it is. Identify Recognise name and briefly describe something. Illustrate Use examples to further explain or justify something. Could be visual or verbal. Interpret Explain the meaning or significance of information or data that you are presenting. Justify Provide evidence that supports an argument or idea. Outline Give only the main points, show only the main structure. Prove Present evidence in a logical structure to support an argument forpg. 12 February 2017 a point of view. Relate (Two meanings) 1. Show how ideas / theories/ events etc are linked or connected. 2. Tell a story. Explain something in a narrative fashion. Review Survey and comment on the key aspects of something or a range of things. State Give the main features clearly and simply. Summarise Draw out the main points, omitting detail and examples. To what extent… How far is something true, or contributes to a final outcome. Also how far is it not true? In academic writing the answer is usually somewhere in the middle. Trace Describe the development of something; follow the order of different stages in an event or process. Adapted from Cottrell.S.(2003) The Study Skills Handbook. Basingstoke. Palgrave.