Coursework Assessments Assignment Sample
Introduction
Business is a complicated process and involves a lot of operations. The actions taken by the business organisations or the consumers must be legally correct. Any unethical behaviour from either the end of the business entity or the end of the consumers is a subject to violation of business laws. To engage in free and fair trade between the consumers and the business personnel, adhering to specific rules and regulations is essential. This assignment will help evaluate the rules and regulations in shopping and selling. Firstly, the case study will be described in brief. The case study will discuss essential laws related to consumer rights, cybercrime, and contract. Then using the regulations, an application of the rules will be mentioned concerning the case study. Finally, a suitable conclusion will be laid out.
Issues
Stephanie, the central character of the case study, is said to have purchased a mobile phone from a company named TalkIsCheap. She bought the phone using an online platform, which in this case study is the company’s official website. While purchasing the phone, she was asked to agree to the terms and conditions. The terms and conditions of the company suggested specific claims.
Claim 1: The company does not grant permission for a refund. In any case, the mobile phone delivered to the customer is not satisfactory.
Claim 2: The company is not to be held responsible if the mobile phone causes any physical injury to the consumer.
Claim 3: The company claims that any information about the consumer required in the purchasing process must be accurate and authentic. If the purchaser is a minor and below the age of 16, the purchaser must provide a consent form from the guardian.
Claim 4: The personal information provided by the customers will be accessed by the organisation, its employees and others.
The issue was faced by the main character of the case study, Stephanie, regarding that her computer was backdated and slow. For this reason, she was unable to read the terms and conditions before purchasing the mobile from the company. She bought the mobile phone without reading the terms and conditions[1]. The main issue faced by Stephanie is that if the mobile phone delivered to her is of substandard quality or unsatisfactory, she will not be able to demand a refund from the company. This is unfair because it is the liability of the company to provide quality products. By agreeing to the terms and conditions, she has another option left to her. However, it is also a point to think that this way, the company can sell substandard products to its customers, and the customers will have no right to lodge a complaint or ask for a refund. This raises the issue of whether the customers are bound to obey the terms and conditions or the company must change its business policies. Also, the use of personal information by the company is another debatable topic.
The company has no moral right to use the customers’ private information. The company must change its policies and ensure that a high level of ethics must be maintained within its organisation. In this world, cybercrime is a serious issue many people face, and the company’s claim to use the personal information of the customers is unethical. The company must change its business policies so that the customers are served in a fair manner[2]. The customers’ issues have been reflected by analysing the case study of Stephanie. Despite agreeing to the terms and conditions, Stephanie has a chance to defend herself legally, and she must be given fundamental consumer rights. The next segment of this assignment will highlight essential rules and regulations practised in the business process while purchasing and selling.
Rules
Consumer right
Based on “consumer Rights, 2015”, the customers have the right to launch any case against the business because of some hidden rules[3]. There are some rules by which customers can understand their roles and responsibilities. The customers have the right to fulfil their basic needs by purchasing any products, and they need to have the right to read business terms and conditions and hidden rules. On the other hand, the business needs to protect the customer’s safety, and they have the right to exchange any damaged or substandard products. On the contrary, the company needs to provide accurate information to serve appropriate service against dishonest or misleading customers by giving unethical information[4]. The business needs to encourage fair agreement before purchasing any products or services from the particular organisation and reduce the unsatisfactory service or misinterpretation of the terms and conditions. On the other hand, the business needs to educate people about the effectiveness of the products and how it works after purchasing the particular product. On the other hand, the customers have the right to understand the business values, and they launch any case if any issues occur on the product-related matters.
Cyber Laws
In the UK “computer misuse act, 1990,” the customer launches any case against the business if they share customer’s data with a third party. The customer provides personal data like banking details, addresses and others before purchasing any products. The business needs to secure its data and not share it with other people or organisations. On the other hand, the company needs to ensure the customer’s contact details, and they do not have the right to misuse the customer’s contact details. If customers do not agree to listen to the company’s discounts and new arrival products, the business can not necessarily call the customers. On the other hand, if any business uses any customer details for personal purposes, the customers can launch a case against the company. The customer needs to read business terms and conditions carefully; if they observe any issues or illegal terms and conditions, they can take practical steps against the business. In this context, the client read the TalKIs Cheap’s words and consideration, and the client identifies the business share customer’s details with the third party. For this reason, clients can take effective steps against the business under the “computer misuse act” in the UK and also submit proper evidence to the court.
Contract terms
The client has another right to launch any case because of contract issues and also provide proper evidence to the court about the contract terms. On the other hand, the business needs to follow proper contract laws by which they can provide proper service to the customers based on their needs. In this context, the client needs to read carefully about the terms and conditions before purchasing any products from the particular business[5]. By using contract terms, the business needs to mention all terms and conditions by which customers can understand their business operations. On the contrary, the business needs to mention the hidden rules and regulations to the agreement paper b y which customers can make effective decisions. The terms and conditions of the business help customers to understand the effectiveness of the contract before purchasing any product that is known as “standard terms”. Based on consumer law in the UK, the contract terms help the business to sell their products to more new people by increasing their profit margin. On the other hand, the business maintains product quality and also addresses the customer’s needs. In this context, the client can help from the administration because the organisation does not publish any hidden terms and conditions on the website page.
Breaching of the terms and conditions
The breaching of terms and conditions may be defined as violating the rules and regulations as mentioned in the terms and conditions. Breaching of the terms and conditions can be done in two ways. Firstly, from the side of the customer, they may breach the terms and consider in various ways like not paying the adequate amount or intentionally damaging the products received and claiming to have received an unsatisfactory product from the supplier or the seller[6]. The breach of contract can be done from the supplier’s end as well. For example, the seller might deliver substandard products to the customers or refuses to refund the money charged after delivering the damaged goods. Breaching the contract is an offence and either of the sides has to be penalised for violating the rule and regulations. The customer also has the opportunity to file a lawsuit over contract disputes and give adequate proof to the tribunal on the contractual terms. On the other hand, the company must adhere to legal contract rules in order to give adequate service to clients depending on their requirements. In this case, the customer should read the terms and conditions attentively before acquiring any items from the company.
Application
Based on the case, the client, Stephanie, faced serious issues purchasing a phone from TalKIs Cheap and she was unable to read all terms and conditions because her internet is very slow. However, the client purchases mobile phones and she faces some issues like damage to the phone. On the other the business mentions in their terms and conditions that they will not take any responsibility to refund money. For this reason, the client seeks help from the court on how to resolve these issues[7]. The client needs to understand the UK’s business law by which the client can launch effective orders at the organisation. In this context, the client needs to interact with lawyers by submitting proper evidence against the business. The client can use four important acts by which the client can get justice to solve issues. The four laws are – consumer rights, cyber security, branches of data and contract laws. The client needs to interact with business authorities to inform them about the issue regarding the phone and after that client makes an effective decision on how to launch an order against the business.
On the contrary, the client needs to give more attention to the business terms and conditions by which the client can understand what her next steps are. On the other hand, the client notices that the terms and conditions of the business is to fail to provide proper security on customers data. The organisation openly publishes their rules that they can share customer’s data with third party. For this reason, the client will not purchase any product from this brand in the near future[8]. Similarly, the client launches a case for data breaches. The client faces serious issues like the business sharing the customers’ details for personal purposes and the business unable to secure customer’s contact details. “Lloyd v Google determined” this case was launched because of data breaches[9]. The business shares customer’s details to another organisation by which customers face serious challenges for misinterpretation of the business terms and conditions. By using these laws, the organisation is bound to refund the damaged product to the customers and also provide penalties based on rules and regulations to the customers.
This has a negative impact on their face value in the competitive market. On the other hand, the client is unable to read terms and conditions before purchasing products because of her computer’s issues. For this reason, the client needs to focus on the UK business laws and customer acts by which she can launch an effective affair against the business. In this context, the client faces another issue if the business states that the client does not read the business terms and conditions and they do not refund the products. If business face data breaches issues, they lose their potential customers that give a negative impact on their brand values. The business needs to follow proper rules and regulations to share any customer’s details to third parties. On the other hand, the business needs to structure business terms and conditions by following proper rules. The regulatory authority needs to interact with customers to know issues and they need justification on the data breaches[10].
The client reported that the business shares customer’s contact with other company and the organisation unnecessarily phone calls to the client to inform new arrival products and discounts at various times based on local holidays. The business openly announced that they can share the customer’s data to other people and this is a criminal offence. On the other hand, the business does not follow contract laws and they hide some details from the customers. The client faces issues because she gets damaged products and the business does not refund the product. Based on contract law in the UK, the customers have the right to get proper products or services. Otherwise business is bound to refund or exchange the products. In this case, the business does not follow proper contract law’s rules and regulations that increase their profit margin[11]. On the other hand, by launching a case against the business, the customers do not purchase any product from this business, and they are unable to convince people that they secure customer’s data. In This context, the business needs to structure effective business operations based on governmental rules and regulations. The business does not follow proper rules and regulations to provide rights to the customers.
The business modified their business operations based on swelling products to the customers. The business needs to be bound to follow proper rules and regulations based on governmental laws. The client needs to carefully read about the business and customer forum laws by which they can structure effective laws against the business. On the other hand, businesses need to mention the business policies by which customers can understand the business activities to reach new markets. In this context, the client needs to launch a case against the business because they do not provide proper rights to the customers like product exchange, business values or refund criteria[12]. For this reason, the business can lose their customers because of their business policies. Another case, “Warren v DSG Retail Ltd EWHC 2168 (QB)” case was launched against the retail organisation[13]. The business is unable to secure customer’s details and they share customer’s contact information to another organisation by which customers do not understand how to solve this issue.
Conclusion
It can be concluded that business is a complex process that includes several processes. Commercial organisations and customers must operate in a lawful manner. Any immoral practices on the part of the company entity or the customers are a breach of business laws. It is necessary to follow certain laws and regulations in order to engage in free and fair commerce between consumers and businesspeople. This project has aided in the evaluation of laws and regulations in the context of purchasing and selling. The case study has been explained briefly first. Relevant consumer protection rights, cyber security, and enforcement of contracts has been examined as a result of the case study. Then, with respect to the case study, an implementation of the regulations has been discussed. From the above discussion, it can be deduced that it is the right of the consumer to get quality services and products from business organisations and violation of the laws and regulations is a punishable offence.
References
Bordia, Sarbari, Prashant Bordia, Michael Milkovitz, Yaxi Shen, and Simon Lloyd D. Rst “What do international students really want? An exploration of the content of international students’ psychological contract in business education.” Studies in Higher Education 44, no. 8 (2019): 1488-1502.
‘Case Law’ (case law, 2022) <https://www.doherty.co.uk/blog/data-breach-examples-rethink-your-data-strategy> accessed 25 May 2022
‘Computer Misuse Act 1990’ (Legislation.gov.uk, 2022) <https://www.legislation.gov.uk/ukpga/1990/18/contents> accessed 25 May 2022
James, L., 2018. Making cyber-security a strategic business priority. Network Security, 2018(5), pp.6-8.
Kahyaoglu, Sezer Bozkus, and Kiymet Caliyurt. “Cyber security assurance process from the internal audit perspective.” Managerial Auditing Journal (2018).
Lloyd, Guy. “The business benefits of cyber security for SMEs.” Computer Fraud & Security 2020, no. 2 (2020): 14-17.
Lockwood, Graeme, and Vandana Nath. “The monitoring of tele-homeworkers in the UK: legal and managerial implications.” International Journal of Law and Management (2020).
Pedley, D., Borges, T., Bollen, A., Shah, J.N., Donaldson, S., Furnell, S. and Crozier, D., 2020. Cyber security skills in the UK labour market 2020.
Shukla, Meha, Shane D. Johnson, and Peter Jones. “Does the NIS implementation strategy effectively address cyber security risks in the UK?.” In 2019 International Conference on Cyber Security and Protection of Digital Services (Cyber Security), pp. 1-11. IEEE, 2019.
Stevens, Tim, and Kevin O’Brien. “Brexit and cyber security.” The RUSI Journal 164, no. 3 (2019): 22-30.
Tam, Tracy, Asha Rao, and Joanne Hall. “The good, the bad and the missing: A Narrative review of cyber-security implications for Australian small businesses.” Computers & Security 109 (2021): 102385.
[1] Lloyd, Guy. “The business benefits of cyber security for SMEs.” Computer Fraud & Security 2020, no. 2 (2020): 14-17.
[2] James, L., 2018. Making cyber-security a strategic business priority. Network Security, 2018(5), pp.6-8.
[3] ‘Computer Misuse Act 1990’ (Legislation.gov.uk, 2022) <https://www.legislation.gov.uk/ukpga/1990/18/contents> accessed 25 May 2022
[4] Pedley, D., Borges, T., Bollen, A., Shah, J.N., Donaldson, S., Furnell, S. and Crozier, D., 2020. Cyber security skills in the UK labour market 2020.
[5] Stevens, Tim, and Kevin O’Brien. “Brexit and cyber security.” The RUSI Journal 164, no. 3 (2019): 22-30.
[6] Shukla, Meha, Shane D. Johnson, and Peter Jones. “Does the NIS implementation strategy effectively address cyber security risks in the UK?.” In 2019 International Conference on Cyber Security and Protection of Digital Services (Cyber Security), pp. 1-11. IEEE, 2019.
[7] ahyaoglu, Sezer Bozkus, and Kiymet Caliyurt. “Cyber security assurance process from the internal audit perspective.” Managerial Auditing Journal (2018).
[8] KTam, Tracy, Asha Rao, and Joanne Hall. “The good, the bad and the missing: A Narrative review of cyber-security implications for australian small businesses.” Computers & Security 109 (2021): 102385.
[9] ‘Case Law’ (case law, 2022) <https://www.doherty.co.uk/blog/data-breach-examples-rethink-your-data-strategy> accessed 25 May 2022
[10] KTam, Tracy, Asha Rao, and Joanne Hall. “The good, the bad and the missing: A Narrative review of cyber-security implications for australian small businesses.” Computers & Security 109 (2021): 102385
[11] Bordia, Sarbari, Prashant Bordia, Michael Milkovitz, Yaxi Shen, and Simon Lloyd D. Restubog. “What do international students really want? An exploration of the content of international students’ psychological contract in business education.” Studies in Higher Education 44, no. 8 (2019): 1488-1502.
[12] Lockwood, Graeme, and Vandana Nath. “The monitoring of tele-homeworkers in the UK: legal and managerial implications.” International Journal of Law and Management (2020).
[13] ‘Case Law’ (case law, 2022) <https://www.doherty.co.uk/blog/data-breach-examples-rethink-your-data-strategy> accessed 25 May 2022
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