Additional Information
Book Details
Abstract
Essentials of Business Law is well regarded for its clear yet succinct exposition of core principles and key cases across the essential legal topics relevant to business students. This new edition has been significantly updated and deals fully and comprehensively with the Consumer Rights Act 2015.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover | Cover | ||
| Title Page | iii | ||
| Copyright Page | iv | ||
| Brief contents | v | ||
| Contents | vii | ||
| Preface | xv | ||
| Table of cases | xvii | ||
| Table of statutes | xxvi | ||
| Table of statutory instruments | xxxii | ||
| Table of European legislation | xxxv | ||
| Study skills | 1 | ||
| Get organised from the start | 1 | ||
| Take advantage of what your lecturer tells you | 1 | ||
| After the lecture/tutorial | 1 | ||
| Answering questions | 2 | ||
| Using cases and statutes | 6 | ||
| 1 The legal system | 7 | ||
| Introduction | 7 | ||
| Sources of law | 8 | ||
| Legislation | 8 | ||
| Rules of statutory interpretation | 9 | ||
| Judicial precedent | 11 | ||
| The hierarchy of the courts | 11 | ||
| The binding part of a case | 12 | ||
| European Union law | 15 | ||
| The institutions of the EU | 17 | ||
| Sources of EU law | 20 | ||
| Supremacy of EU law | 22 | ||
| The Human Rights Act 1998 | 24 | ||
| Civil law and criminal law | 26 | ||
| Common law and equity | 28 | ||
| Features of the English legal system | 29 | ||
| Antiquity and continuity | 29 | ||
| The adversarial system of trial | 29 | ||
| Absence of a legal code | 30 | ||
| The law-making role of the judges | 30 | ||
| Importance of procedure | 30 | ||
| Absence of Roman law | 30 | ||
| Other features | 31 | ||
| The legal profession | 31 | ||
| The Legal Services Act 2007 | 32 | ||
| The judiciary | 33 | ||
| Judicial review | 34 | ||
| Juries | 34 | ||
| Essential points | 35 | ||
| Practice questions | 36 | ||
| Task 1 | 36 | ||
| 2 Making a contract | 37 | ||
| Definition of a contract | 37 | ||
| Offer | 37 | ||
| Invitation to treat | 38 | ||
| Offer of a unilateral contract | 39 | ||
| Goods in shops | 40 | ||
| Acceptance | 41 | ||
| The postal rule | 42 | ||
| Acceptance of the offer of a unilateral contract | 43 | ||
| Counter offer | 44 | ||
| Auctions | 44 | ||
| Tenders | 45 | ||
| Certainty of agreement | 45 | ||
| Offer and acceptance when dealing with machines | 47 | ||
| Offer and acceptance made over the Internet | 47 | ||
| Termination of offers | 48 | ||
| Subject to contract | 50 | ||
| Condition not fulfilled | 50 | ||
| Battle of the forms | 50 | ||
| Intention to create legal relations | 51 | ||
| Agreements made in a business or commercial context | 52 | ||
| Agreements made in a social or domestic context | 52 | ||
| Consideration | 53 | ||
| Executed, executory and past consideration | 54 | ||
| Sufficiency and adequacy | 55 | ||
| Performing an existing duty | 55 | ||
| Settling out of court | 59 | ||
| Part payment of a debt | 59 | ||
| Promissory estoppel | 61 | ||
| Privity of contract | 63 | ||
| The Contracts (Rights of Third Parties) Act 1999 | 65 | ||
| Formalities | 67 | ||
| Contracts which must be made by a deed | 67 | ||
| Contracts which must be in writing | 68 | ||
| Contracts which must be evidenced in writing | 68 | ||
| Minors | 68 | ||
| Valid contracts | 68 | ||
| Voidable contracts | 69 | ||
| Void contracts | 69 | ||
| Essential points | 69 | ||
| Practice questions | 70 | ||
| Task 2 | 72 | ||
| 3 The terms of the contract | 73 | ||
| Nature of terms | 73 | ||
| Express terms | 74 | ||
| Terms implied by the courts | 74 | ||
| Types of terms | 75 | ||
| Conditions and warranties | 75 | ||
| Innominate terms | 76 | ||
| Terms implied by statute | 77 | ||
| The Sale of Goods Act 1979 | 78 | ||
| Scope of the Sale of Goods Act 1979 | 78 | ||
| The terms implied by the Sale of Goods Act 1979 | 79 | ||
| The right to sell (s. 12(1)) | 80 | ||
| Correspondence with description (s. 13(1)) | 81 | ||
| Quality and fitness in business sales (s. 14) | 83 | ||
| Fitness for purpose (s. 14(3)) | 87 | ||
| Sale by sample (s. 15) | 90 | ||
| The Supply of Goods (Implied Terms) Act 1973 | 90 | ||
| The Supply of Goods and Services Act 1982 | 91 | ||
| Part I of the Act | 91 | ||
| Part II of the Act | 92 | ||
| The status of the statutory implied terms | 94 | ||
| The Consumer Rights Act 2015 | 95 | ||
| Exclusion clauses | 104 | ||
| Is the exclusion clause a term of the contract? | 104 | ||
| Does the exclusion clause cover the breach which occurred? | 106 | ||
| The Unfair Contract Terms Act 1977 | 106 | ||
| Contracts covered by the Act | 107 | ||
| The effect of the Act | 107 | ||
| Essential points | 113 | ||
| Practice questions | 114 | ||
| Task 3 | 115 | ||
| 4 Misrepresentation, mistake, duress and illegality | 117 | ||
| The difference between terms and representations | 117 | ||
| Written contracts | 117 | ||
| Oral contracts | 118 | ||
| Actionable misrepresentation | 121 | ||
| Definition of a misrepresentation | 121 | ||
| Remedies for misrepresentation | 125 | ||
| Mistake | 130 | ||
| Common mistake | 130 | ||
| Unilateral mistake | 133 | ||
| Duress and undue influence | 137 | ||
| Duress | 137 | ||
| Undue influence | 138 | ||
| Illegal contracts | 139 | ||
| Contracts which contravene public policy | 140 | ||
| Essential points | 140 | ||
| Practice questions | 141 | ||
| Task 4 | 142 | ||
| 5 Discharge of contracts and remedies for breach | 143 | ||
| Discharge of contractual liability | 143 | ||
| Discharge by performance of the contract | 143 | ||
| Discharge by agreement | 146 | ||
| Discharge by frustration | 147 | ||
| Rules about frustration | 148 | ||
| Discharge by breach | 152 | ||
| Legislation giving right to cancel concluded contracts | 153 | ||
| Remedies for breach of contract | 157 | ||
| Refusal to perform the contract | 157 | ||
| Damages | 157 | ||
| Suing for the contract price | 161 | ||
| Specific performance | 163 | ||
| Injunction | 163 | ||
| Rectification | 164 | ||
| Quantum meruit (as much as he has earned) | 164 | ||
| Time limits on remedies | 164 | ||
| Essential points | 165 | ||
| Practice questions | 165 | ||
| Task 5 | 166 | ||
| 6 Agency | 168 | ||
| What is agency? | 168 | ||
| The authority of the agent | 169 | ||
| Actual authority | 169 | ||
| Apparent authority | 169 | ||
| Ratification | 171 | ||
| Watteau v Fenwick authority | 172 | ||
| Agency by operation of law | 173 | ||
| No authority | 174 | ||
| Liability on contracts made by agents | 176 | ||
| Disclosed agency | 176 | ||
| Undisclosed agency | 176 | ||
| The agent’s liability for breach of warranty of authority | 177 | ||
| The rights and duties of the agent | 178 | ||
| Contractual duties | 178 | ||
| Fiduciary duties | 179 | ||
| Remedies for breach of fiduciary duties | 181 | ||
| Rights of the agent | 181 | ||
| Termination of agency | 184 | ||
| Termination and the Commercial Agents (Council Directive) Regulations 1993 | 186 | ||
| Essential points | 187 | ||
| Practice questions | 188 | ||
| Task 6 | 189 | ||
| 7 The Sale of Goods Act 1979 | 191 | ||
| The passing of ownership and risk | 191 | ||
| The goods become lost or damaged | 191 | ||
| Insolvency of the buyer or the seller | 193 | ||
| The Sale of Goods Act rules on the passing of ownership | 195 | ||
| Passing of ownership of specific goods | 195 | ||
| Risk, mistake and frustration | 198 | ||
| Passing of ownership in unascertained goods | 199 | ||
| Duties of the buyer and the seller | 204 | ||
| The seller’s duty to deliver | 204 | ||
| The buyer’s duty to pay the price | 208 | ||
| The buyer’s duties to accept the goods and take delivery of them | 210 | ||
| Remedies of the buyer and seller | 210 | ||
| The buyer’s remedies | 210 | ||
| The seller’s remedies | 215 | ||
| Reservation of title (ownership) by the seller | 220 | ||
| Claims to goods manufactured out of the goods sold | 221 | ||
| The position where the goods are sold on | 221 | ||
| Claims to proceeds of sale | 222 | ||
| All moneys clauses | 222 | ||
| Sale by a person who is not the owner | 223 | ||
| Agency (s. 21 SGA) | 223 | ||
| Estoppel (s. 21 SGA) | 223 | ||
| Mercantile agency (s. 2(1) Factors Act 1889) | 224 | ||
| Sale by a person with a voidable title (s. 23 SGA) | 224 | ||
| Sale by a seller in possession (s. 24 SGA) | 226 | ||
| Sale by a buyer in possession (s. 25 SGA) | 226 | ||
| Motor vehicles on hire-purchase (Hire-Purchase Act 1964 s. 27) | 227 | ||
| Essential points | 229 | ||
| Practice questions | 229 | ||
| Task 7 | 231 | ||
| 8 The tort of negligence | 232 | ||
| Contract and tort | 232 | ||
| Contract remedies and tort remedies | 233 | ||
| Negligence | 234 | ||
| That a duty of care was owed | 234 | ||
| Breaching the duty | 238 | ||
| A foreseeable type of damage was caused by the breach of duty | 241 | ||
| Damages | 243 | ||
| Defences to negligence | 244 | ||
| Negligent misstatement | 246 | ||
| Occupiers’ liability | 247 | ||
| Lawful visitors | 247 | ||
| Non-lawful visitors | 248 | ||
| The Consumer Protection Act 1987 Part I | 249 | ||
| Who may sue? | 249 | ||
| Who is liable? | 249 | ||
| Defective (unsafe) products | 250 | ||
| Damage suffered | 251 | ||
| Defences | 251 | ||
| Essential points | 254 | ||
| Practice questions | 254 | ||
| Task 8 | 255 | ||
| 9 Nuisance, trespass, defamation and vicarious liability | 256 | ||
| Private nuisance | 256 | ||
| Remedies | 258 | ||
| Defences | 259 | ||
| Public nuisance | 260 | ||
| Remedies | 261 | ||
| Defences | 261 | ||
| The rule in Rylands v Fletcher | 261 | ||
| Remedies | 262 | ||
| Defences | 262 | ||
| Trespass to land | 263 | ||
| Defences | 264 | ||
| Remedies | 264 | ||
| Trespass to the person | 265 | ||
| Battery | 265 | ||
| Assault | 266 | ||
| False imprisonment | 266 | ||
| Defences to trespass to the person | 266 | ||
| Trespass to goods | 266 | ||
| Defamation | 267 | ||
| Defences | 268 | ||
| Remedies | 270 | ||
| Passing-off | 270 | ||
| Vicarious liability | 271 | ||
| Employees contrasted with independent contractors | 272 | ||
| When is an employee acting in the course of his or her employment? | 275 | ||
| Breach of statutory duty | 279 | ||
| Time limits for tort remedies | 279 | ||
| Essential points | 280 | ||
| Practice questions | 280 | ||
| Task 9 | 283 | ||
| 10 Companies (1): Characteristics and formation | 284 | ||
| The Companies Act 2006 | 284 | ||
| Enhancing shareholder engagement and fostering a long-term approach to investment | 284 | ||
| The ‘Think Small First’ approach and better regulation | 285 | ||
| Ease of formation and flexibility | 285 | ||
| The characteristics of companies | 285 | ||
| The company is a separate legal entity | 285 | ||
| Limited liability | 287 | ||
| Perpetual succession | 288 | ||
| Ownership of property | 288 | ||
| Contractual capacity | 288 | ||
| Criminal liability | 288 | ||
| The corporate veil | 289 | ||
| Classification of companies | 291 | ||
| Public companies and private companies | 291 | ||
| Unlimited companies | 292 | ||
| Limited companies | 292 | ||
| Method of creation | 293 | ||
| Size of company | 293 | ||
| Formation of registered companies | 294 | ||
| Registration under the Companies Act 2006 | 294 | ||
| Old-style registration | 296 | ||
| The constitution of a company | 297 | ||
| Constitutionally relevant articles | 297 | ||
| The articles of association | 297 | ||
| The legal effect of the constitution | 299 | ||
| Off-the-shelf companies | 300 | ||
| Contracts made before the company is formed | 301 | ||
| The company name | 301 | ||
| Prohibited names | 302 | ||
| Objection to a company name | 302 | ||
| Publication of name and address | 302 | ||
| Change of name | 303 | ||
| The Registrar of Companies | 303 | ||
| Essential points | 304 | ||
| Practice questions | 304 | ||
| Task 10 | 305 | ||
| 11 Companies (2): Management, control and winding up | 307 | ||
| Management and control of companies | 307 | ||
| Appointment and removal of directors | 307 | ||
| The powers of directors | 308 | ||
| Directors as agents | 309 | ||
| Remuneration of directors | 311 | ||
| Directors’ duties | 311 | ||
| Disqualification of directors | 315 | ||
| The register of directors | 316 | ||
| Control of the company | 317 | ||
| Types of shares | 317 | ||
| Company meetings | 318 | ||
| Resolutions | 320 | ||
| The position of minority shareholders | 322 | ||
| Statutory protection of minority shareholders | 323 | ||
| Protection from the courts | 326 | ||
| The company secretary | 327 | ||
| Company registers | 328 | ||
| Annual return | 328 | ||
| Accounts and accounting records | 329 | ||
| Accounting records | 329 | ||
| The annual accounts | 329 | ||
| The auditor | 330 | ||
| The need to have an auditor | 330 | ||
| Appointment and leaving office | 330 | ||
| Auditor’s duties | 331 | ||
| Liability limitation agreements | 331 | ||
| Loans to the company | 332 | ||
| Fixed charges | 332 | ||
| Floating charges | 332 | ||
| Registration of charges | 334 | ||
| Priority of charges | 334 | ||
| Winding up of companies | 334 | ||
| Liquidation by court order | 334 | ||
| Voluntary liquidation | 335 | ||
| Liability arising from insolvency | 336 | ||
| Administration | 337 | ||
| Company voluntary arrangement (CVA) | 338 | ||
| Essential points | 338 | ||
| Practice questions | 339 | ||
| Task 11 | 341 | ||
| 12 Partnership, limited liability partnership and choice of legal status | 342 | ||
| Partnership | 342 | ||
| Definition of a partnership | 342 | ||
| Characteristics of a partnership | 343 | ||
| Agency | 344 | ||
| Partnership agreements | 348 | ||
| The partnership deed | 349 | ||
| Management of partnerships | 349 | ||
| The partnership name | 353 | ||
| Fiduciary duties | 354 | ||
| Partnership property | 356 | ||
| Winding up of partnerships | 356 | ||
| Limited liability partnerships | 358 | ||
| Formation of LLPs | 359 | ||
| Members and designated members | 359 | ||
| Accounts and accounting records | 360 | ||
| Minority protection | 360 | ||
| Winding up of limited liability partnerships | 360 | ||
| Are LLPs more like companies or partnerships? | 360 | ||
| Company, partnership or limited liability partnership? Choice of legal status | 361 | ||
| Limited liability | 361 | ||
| The right to manage | 361 | ||
| Agency | 363 | ||
| Withdrawal from the business | 363 | ||
| Business property | 364 | ||
| Borrowing power | 364 | ||
| Formation | 364 | ||
| Formalities | 365 | ||
| Publicity | 365 | ||
| Tax | 365 | ||
| Perpetual succession | 366 | ||
| Sole traders | 366 | ||
| Essential points | 366 | ||
| Practice questions | 367 | ||
| Task 12 | 368 | ||
| 13 Employment (1): The contract of employment, employment rights and dismissal | 370 | ||
| The contract of employment | 370 | ||
| ‘Gig’ economy | 370 | ||
| Written statement of employment particulars | 371 | ||
| Itemised pay statements | 372 | ||
| Implied obligations of the parties | 372 | ||
| Variation of the terms of the contract | 373 | ||
| Statutory rights of the employee | 374 | ||
| Maternity rights | 374 | ||
| Paternity leave and pay | 374 | ||
| Shared parental leave and pay | 375 | ||
| Adoption leave and pay | 375 | ||
| Parental leave and time off for dependants | 376 | ||
| Flexible working for parents and carers | 376 | ||
| Transfer of employees | 376 | ||
| National minimum wage | 377 | ||
| The Working Time Regulations 1998 | 377 | ||
| ACAS grievance procedure | 379 | ||
| Unfair and wrongful dismissal | 379 | ||
| Unfair dismissal | 380 | ||
| Who can claim? | 380 | ||
| What is a dismissal? | 380 | ||
| When is a dismissal unfair? | 382 | ||
| Was the dismissal actually fair? | 382 | ||
| Disciplinary and dismissal procedure | 383 | ||
| Automatically unfair dismissals | 384 | ||
| The effective date of termination | 384 | ||
| Remedies for unfair dismissal | 385 | ||
| Wrongful dismissal | 386 | ||
| Constructive dismissal | 387 | ||
| How much notice? | 387 | ||
| Redundancy | 389 | ||
| Who can claim redundancy? | 389 | ||
| Offer of suitable alternative employment | 389 | ||
| Redundancy payments | 390 | ||
| Essential points | 391 | ||
| Practice questions | 392 | ||
| Task 13 | 393 | ||
| 14 Employment (2): Discrimination and health and safety | 394 | ||
| Introduction | 394 | ||
| The Equality Act 2010 | 394 | ||
| The protected characteristics | 394 | ||
| Direct discrimination | 396 | ||
| Indirect discrimination | 397 | ||
| Harassment | 399 | ||
| Victimisation | 399 | ||
| Discrimination against employees and applicants for employment | 400 | ||
| Equal pay and conditions for women | 401 | ||
| Remedies under the Act | 404 | ||
| Burden of proof under the Act | 405 | ||
| Public sector equality duty | 405 | ||
| Positive action | 405 | ||
| Discrimination against part-time workers | 405 | ||
| Fixed-term workers | 406 | ||
| Persons with criminal records | 406 | ||
| The Agency Workers Regulations 2010 | 407 | ||
| Health and safety | 408 | ||
| Health and Safety at Work Act 1974 | 408 | ||
| Common law health and safety | 410 | ||
| Control of Substances Hazardous to Health Regulations 2002 | 411 | ||
| The ‘six pack’ Regulations | 412 | ||
| Essential points | 415 | ||
| Practice questions | 416 | ||
| Task 14 | 417 | ||
| 15 Regulation of business by the criminal law | 418 | ||
| The nature of criminal liability | 418 | ||
| The Consumer Protection from Unfair Trading Regulations 2008 | 418 | ||
| The structure of the Regulations | 419 | ||
| The prohibitions under the Regulations | 419 | ||
| The offences which the Regulations create | 426 | ||
| Defences | 427 | ||
| Product safety | 429 | ||
| The general safety requirement | 429 | ||
| The Computer Misuse Act 1990 | 430 | ||
| The unauthorised access offence | 430 | ||
| Intent to commit a further offence | 431 | ||
| Unauthorised modification of computer material | 431 | ||
| Competition law | 431 | ||
| Articles 101–102 of the Treaty on the Functioning of the European Union | 432 | ||
| The Competition Act 1998 | 432 | ||
| The Enterprise Act 2002 | 432 | ||
| The Bribery Act 2010 | 433 | ||
| The offences | 433 | ||
| Essential points | 435 | ||
| Practice questions | 435 | ||
| Task 15 | 436 | ||
| 16 Credit transactions and intellectual property rights | 437 | ||
| Types of credit transactions | 437 | ||
| Loans | 437 | ||
| Hire-purchase | 438 | ||
| Conditional sales | 439 | ||
| Credit sales | 440 | ||
| Hire and rental agreements | 440 | ||
| Pledge | 440 | ||
| The Consumer Credit Acts 1974 and 2006 | 441 | ||
| The definition of a regulated agreement | 441 | ||
| High net worth debtors and business exemptions | 443 | ||
| Formalities which must be complied with | 444 | ||
| Cancellation rights | 444 | ||
| Creditor regarded as agent of the supplier | 445 | ||
| Creditor responsible for dealer’s misrepresentations and breaches of contract | 445 | ||
| Cooling-off period | 446 | ||
| Early settlement | 446 | ||
| Repossession of the goods | 446 | ||
| Unfair relationships | 447 | ||
| Misuse of credit cards | 447 | ||
| Interest on trade debts | 447 | ||
| Business property | 447 | ||
| Legal concepts of property | 447 | ||
| Copyright | 448 | ||
| Patents | 451 | ||
| Trade marks | 452 | ||
| Breach of confidence | 454 | ||
| Suing for breach of privacy | 454 | ||
| Essential points | 455 | ||
| Practice questions | 455 | ||
| Task 16 | 456 | ||
| 17 The resolution of business disputes | 457 | ||
| Jurisdiction of the County Court | 457 | ||
| Jurisdiction of the High Court | 458 | ||
| Civil procedure | 460 | ||
| Making a claim | 460 | ||
| Responses to a claim | 461 | ||
| Allocation to a track | 461 | ||
| Tribunals | 464 | ||
| Alternative dispute resolution | 464 | ||
| Other types of ADR | 468 | ||
| Ombudsmen | 468 | ||
| Essential points | 469 | ||
| Practice questions | 469 | ||
| Task 17 | 470 | ||
| Glossary | 471 | ||
| A | 471 | ||
| B | 472 | ||
| C | 472 | ||
| D | 474 | ||
| E | 475 | ||
| F | 476 | ||
| G | 476 | ||
| H | 477 | ||
| I | 477 | ||
| J | 478 | ||
| L | 478 | ||
| M | 478 | ||
| N | 479 | ||
| O | 479 | ||
| P | 480 | ||
| Q | 481 | ||
| R | 481 | ||
| S | 482 | ||
| T | 484 | ||
| U | 484 | ||
| V | 484 | ||
| W | 485 | ||
| Index | 486 | ||
| A | 486 | ||
| B | 487 | ||
| C | 488 | ||
| D | 491 | ||
| E | 493 | ||
| F | 494 | ||
| G | 495 | ||
| H | 495 | ||
| I | 495 | ||
| J | 496 | ||
| L | 496 | ||
| M | 497 | ||
| N | 498 | ||
| O | 498 | ||
| P | 498 | ||
| Q | 500 | ||
| R | 500 | ||
| S | 501 | ||
| T | 503 | ||
| U | 503 | ||
| V | 504 | ||
| W | 504 | ||
| Back Cover | Back Cover |