2. Meaning of law
The law is a enforceable set of rules and
regulations that governs the conduct of
an individual, group of people or an
organization in the society in terms of
their relationship with each other and the
society as a whole.
3. Types and levels of law
• Common law : The principles written or unwritten forms are used by the
courts
• Civil law : It is comprehensive and codified form of legal system covering
every possible contingency
• Religious law: It is having all rules of life in the religious code
The Indian law can be categorized into following heads:
• Business and corporate :
• Criminal laws :
• Tax laws:
• Public utilities:
• Banking and insurance:
• Family and inheritance:
• National security:
4. Laws and marketing
Business laws are made to regulate the industries , sale of goods,
Business formation, negotiable instruments etc.
The certain restrictions on business are must to serve the following
purpose:
•Protect the consumers: for e.g companies use deceptive sales
practices such as misrepresenting the product, misleading advertising,
deceive in packaging etc.
•Equal access to the market by all the competitors: Market is consist
of strong and weak players and this law provides equal chance to all
marketers
•Protect the interest of the society: The product and process may of
manufacturers may cause the damage to the society by damaging the
ecology and creating health problems for consumers.
6. TRANSACTION-A LEGAL RELATIONSHIP
1. PROPOSAL AND ACCEPTANCE : Quotation from seller and order form buyer for
the product and services.
2. CONSIDERATION: It is a promise for promise in return
3. CAPACITY OF PARTIES OF CONTRACT: The contracting parties should be of
age of the majority and should have sound mind.
4. FREE CONSENT: Both the buyer and the seller have agreed upon on some terms
and conditions with regard to product quality, features, price etc.
5. DOCUMENTED:All sale s contract should be documented in writing and
registered.
6. AN AGREEMENT SHOULD NOT BE VOID: An agreement should be enforceable
by law
8. Marketing strategies and legal framework
In India there is a government intervention in production and distribution
of goods. Here are some purposes:
•Prevention of concentration of economic power
•Proper utilization and mobilization of country’s scarce resources
•Protect business form each others
Protect the gullible consumers from unscrupulous marketers
•Achieve balanced economic growth
The business related has been focused on the following areas:
•Consumer protection
•Promoting healthy competition
•Environmental protection
9. Legal systems in India
Indian Laws in marketing
Indian Marketing Laws
•Consumer Protection act
Marketing elements •Monopolies and restrictive trade practices
•Sales •Competition act
•Product •Hire-Purchase act
•Price •Sales of goods act
•Communication(advertiseme •Indian contract act
nt and promotion) •Copyright act
•Distribution(Channel and •Trademark act
logistics) •Design act
•Packaging Drugs and Cosmetic act
•Carriage by air act
•Motor vehicles act
•Central sales tax act
•Jute packaging material act etc.
10. Consumer protection act, 1986
The broad salient features of Consumer Protection act are:
•The act is exclusively passed for the interest of the consumers
•It seeks to promote the rights of the consumers
•The law is applicable to all
•Goods and services are covered in the law except those notified by
the central government
•The act envisages the establishment of three tire consumer
protection councils
•The goods purchased for business or resale and free services are
not covered
11. Monopolies and Restrictive Trade Practices Act-1969
The act prohibits the following unfair trade practice(section36A):
•False representation of the quality, composition, style or model of goods and
services.
•Warranties and guarantees given without adequate tests, or expressed in
misleading terms, services or trade of others
•Announcing bargain prices for goods which are either not put on sale or are
offered in quantities which are not reasonable with respect to to the
nature of the trade, offering gifts, prices or other items with the intention of not
providing them as offered etc
Some restrictions under section 33(1) are:
•Restriction on the sale of goods to certain person or class of persons
restricting purchasing and selling of goods only at prices stipulated therein
•Restrictions on the quantity, output and the area of disposal of goods
•Restriction on employment in manufacture of good etc.
12. Competition act, 2002
The highlights of Competition Act are as follows:
•The registration of restrictive trade practices is required
•Price fixing, output restrictions, bid rigging and market restriction are
prohibited
•Competition advocacy
•Competitive abuses in IPR not addressed.
•Free from central government policies
13. Sales of Goods Act, 1930
The following things comes under Sales Of Goods Act:
•An offer from seller and acceptance by buyer
•Stipulation of delivery terms-immediate or at future date
•Payment terms-in cash or credit
•Meaning of other stipulations and warranties as mutually agreed
