Frequently asked questions:

Answers:

I have been sold goods but not yet been paid but the company may go bust - can I collect my goods?

This will depend on whether you have what is known as a ‘retention of title' clause in your contract and whether it is valid. It may permit you to do so but only if you are able to gain access lawfully. You should not delay in any way – or you may be too late.

I bought a business on the basis that it would perform and had business at a certain level, but it is not doing so - can I take any action?

You may have a claim for misrepresentation or breach of contract against the vendor of the business and possibly against your advisers in respect of any assurances and statements made, but your right to claim for these is likely to have been limited by the agreements you entered into.

Someone is copying my trading name - can I stop them?

You may have a claim for what is known as passing off and obtain an injunction, but you will need to show that they are causing you loss and that the purchasers of your goods are being misled by the other business.

 

 

 

A company has taken my trading name and is using it on the web and taking my business. Can I stop him?

Yes, if you can show you are entitled to the name and, normally, have been using it longer than the competitor.

 


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