Law- Noelle owns a busy retail outlet in the South East of Ireland.  Last week she noticed an advertisement by her main competitor in the market which compared their ‘lower’ prices

Part 1

Noelle owns a busy retail outlet in the South East of Ireland.  Last week she noticed an advertisement by her main competitor in the market which compared their ‘lower’ prices for a number of products with those in Noelle’s store.  Noelle has discovered that on some of the products the comparison was between a leading brand of product in her store and an own brand of product in the competitors store.  On other products the comparison was between the standard price for a product in Noelle’s store and a ‘promotional’ price in their store.  Noelle is very annoyed as she feels only one or two of the products are truly available at a lower price in her competitors’ store.

Noelle is wondering if she can take any legal action in relation to this comparative advertising. Advise Noelle with reference to relevant legal authority (case law and legislation).

Marks = 25

Jack wanted to expand his business portfolio in the South East.  With a view to purchasing some new office buildings in Waterford and Cork, Jack instructed Kelvin a local estate agent to look for suitable properties.  Kelvin owned a suitable building himself in Waterford that had a market value of €500,000.  He sold this to Jack for €750,000.  In Cork a local property developer named Conor had just completed an office block that he intended to place on the market for €600,000.  Kelvin advised Jack to purchase this office block for €700,000 but received €50,000 from Conor for negotiating the sale.  Kelvin also received his standard commission of 3% of the purchase price from Jack along with €5000 in “expenses” for which he provided no receipts.

Jack has been informed by his cousin in Waterford that rumour has it that Kelvin “ripped him off”.  Jack wants to pursue a legal action against Kelvin.  Advise Jack with reference to relevant case law.

Marks = 25

Total Marks =50.

Part 2

Agency

Agency is the relationship which exists between two persons when one called the agent, is considered in law to represent the other, and called principal in such a way as to be able to affect the principals’ legal position in respect of strangers. An agent may be appointed to represent the principal in all matters of a particular kind, for example, an estate agent who buys and sells real estate like Kelvin local estate agent in this scenario. An agent of this type is known as a general agent. Agents are also appointed to make a certain contract.

The primary role of an agent in business is to negotiate and conclude contracts on behalf of someone else: the principal.

There are three different types of agency’s that can exist;

• Universal agency
• General agency
• Special agent

Under the general law agents have a number of duties towards the principal, they include;

• The duty to obey instructions
• The agent must exercise reasonable care
• Personal Performance
• Fiduciary duties
• The agent must not make a secret profit etc.

In this scenario jack is the principals