Essentials of Business Law.

Cover -- Essentials of Business Law -- Brief contents -- Contents -- Preface -- Guided tour -- Table of cases -- Table of statutes -- Table of statutory instruments -- Table of European legislation -- Study skills -- Get organised from the start -- Take advantage of what your lecturer tells you -- After the lecture/tutorial -- Answering questions -- What skills are you expected to show? -- Answering problem questions -- Using cases and statutes -- The legal system -- Introduction -- Sources of law -- Legislation -- Rules of statutory interpretation -- Judicial precedent -- The hierarchy of the courts -- The binding part of a case -- European Union Law -- The institutions of the EU -- Sources of EU law -- Supremacy of EU law -- The Human Rights Act 1998 -- Civil law and criminal law -- Common law and equity -- Features of the English legal system -- Antiquity and continuity -- The adversarial system of trial -- Absence of a legal code -- The law-making role of the judges -- Importance of procedure -- Absence of Roman law -- Other features -- The legal profession -- The Legal Services Act 2007 -- The Legal Services Act 2007 -- The judiciary -- Judicial review -- Juries -- Essential points -- Practice questions -- Task 1 -- Making a contract -- Definition of a contract -- Offer -- Invitation to treat -- Offer of a unilateral contract -- Goods in shops -- Acceptance -- The postal rule -- Acceptance of the offer of a unilateral contract -- Counter offer -- Auctions -- Tenders -- Certainty of agreement -- Offer and acceptance when dealing with machines -- Offer and acceptance made over the Internet -- Termination of offers -- Subject to contract -- Condition not fulfilled -- Battle of the forms -- Intention to create legal relations -- Agreements made in a business or commercial context -- Agreements made in a social or domestic context.

Consideration -- Executed, executory and past consideration -- Sufficiency and adequacy -- Performing an existing duty -- Settling out of court -- Part payment of a debt -- Promissory estoppel -- Privity of contract -- The Contracts (Rights of Third Parties) Act 1999 -- Formalities -- Contracts which must be made by a deed -- Contracts which must be in writing -- Contracts which must be evidenced in writing -- Minors -- Valid contracts -- Voidable contracts -- Void contracts -- Essential points -- Practice questions -- Task 2 -- The terms of the contract -- Nature of terms -- Express terms -- Terms implied by the courts -- Types of terms -- Conditions and warranties -- Innominate terms -- Terms implied by statute -- The Sale of Goods Act 1979 -- The terms implied by the Sale of Goods Act 1979 -- The right to sell (s. 12(1)) -- Correspondence with description (s. 13(1)) -- Quality and fitness in business sales (s. 14) -- Fitness for purpose (s. 14(3)) -- Sale by sample (s. 15) -- The Supply of Goods (Implied Terms) Act 1973 -- The Supply of Goods and Services Act 1982 -- Part I of the Act -- Part II of the Act -- The status of the statutory implied terms -- Additional rights of the buyer in consumer cases -- The circumstances in which the new rights apply -- The hierarchy of rights -- Consumer guarantees -- Exclusion clauses -- Is the exclusion clause a term of the contract? -- The Unfair Contract Terms Act 1977 -- Contracts covered by the Act -- The effect of the Act -- The Unfair Terms in Consumer Contracts Regulations 1999 -- Essential points -- Practice questions -- Task 3 -- Misrepresentation, mistake, duress and illegality -- The difference between terms and representations -- Written contracts -- Oral contracts -- How a representation becomes a misrepresentation -- Definition of a misrepresentation -- Remedies for misrepresentation -- Mistake.

Common mistake -- Unilateral mistake -- Duress and undue influence -- Duress -- Undue influence -- Illegal contracts -- Contracts which contravene public policy -- Essential points -- Practice questions -- Task 4 -- Discharge of contracts and remedies for breach -- Discharge of contractual liability -- Discharge by performance of the contract -- Discharge by agreement -- Discharge by frustration -- Rules about frustration -- Discharge by breach -- Legislation giving right to cancel concluded contracts -- Remedies for breach of contract -- Refusal to perform the contract -- Damages -- Suing for the contract price -- Specific performance -- Injunction -- Rectification -- Quantum meruit (as much as he has earned) -- Time limits on remedies -- Essential points -- Practice questions -- Task 5 -- Agency -- What is agency? -- The authority of the agent -- Actual authority -- Apparent authority -- Ratification -- Watteau v Fenwick authority -- Agency by operation of law -- No authority -- Liability on contracts made by agents -- Disclosed agency -- Undisclosed agency -- The agent's liability for breach of warranty of authority -- The rights and duties of the agent -- Contractual duties -- Fiduciary duties -- Remedies for breach of fiduciary duties -- Rights of the agent -- Termination of agency -- Termination and the Commercial Agents (Council Directive) Regulations 1993 -- Essential points -- Practice questions -- Task 6 -- The Sale of Goods Act 1979 -- The passing of ownership and risk -- The goods become lost or damaged -- Insolvency of the buyer or the seller -- The Sale of Goods Act rules on the passing of ownership -- Passing of ownership of specific goods -- Risk, mistake and frustration -- Passing of ownership in unascertained goods -- Duties of the buyer and the seller -- The seller's duty to deliver -- The buyer's duty to pay the price.

The buyer's duties to accept the goods and take delivery of them -- Remedies of the buyer and seller -- The buyer's remedies -- The seller's remedies -- Reservation of title (ownership) by the seller -- Claims to goods manufactured out of the goods sold -- The position where the goods are sold on -- Claims to proceeds of sale -- All moneys clauses -- Sale by a person who is not the owner -- Agency (s. 21 SGA) -- Estoppel (s. 21 SGA) -- Mercantile agency (s. 2(1) Factors Act 1889) -- Sale by a person with a voidable title (s. 23 SGA) -- Sale by a seller in possession (s. 24 SGA) -- Sale by a buyer in possession (s. 25 SGA) -- Motor vehicles on hire-purchase (Hire-Purchase Act 1964 s. 27) -- Essential points -- Practice questions -- Task 7 -- The tort of negligence -- Contract and tort -- Contract remedies and tort remedies -- Negligence -- That a duty of care was owed -- Breaching the duty -- A foreseeable type of damage was caused by the breach of duty -- Causation -- Foreseeability -- Damages -- Defences to negligence -- Negligent misstatement -- Occupiers' liability -- Lawful visitors -- Non-lawful visitors -- The Consumer Protection Act 1987 Part I -- Who may sue? -- Who is liable? -- Defective products -- Damage suffered -- Defences -- Essential points -- Practice questions -- Task 8 -- Nuisance, trespass, defamation and vicarious liability -- Private nuisance -- Remedies -- Defences -- Public nuisance -- Remedies -- Defences -- The rule in Rylands -- Fletcher -- Remedies -- Defences -- Trespass to land -- Defences -- Remedies -- Trespass to the person -- Battery -- Assault -- False imprisonment -- Defences to trespass to the person -- Trespass to goods -- Defamation -- Remoteness of damage -- Defences -- Remedies -- Vicarious liability -- Employees contrasted with independent contractors.

When is an employee acting in the course of his or her employment? -- Breach of statutory duty -- Time limits for tort remedies -- Essential points -- Practice questions -- Task 9 -- Companies (1): Characteristics and formation -- The Companies Act 2006 -- Enhancing shareholder engagement and fostering a long-term approach to investment -- The 'Think Small First' approach and better regulation -- Ease of formation and flexibility -- The characteristics of companies -- The company is a separate legal entity -- Limited liability -- Perpetual succession -- Ownership of property -- Contractual capacity -- Criminal liability -- The corporate veil -- Classification of companies -- Public companies and private companies -- Unlimited companies -- Limited companies -- Method of creation -- Size of company -- Formation of registered companies -- Registration under the Companies Act 2006 -- Old-style registration -- The constitution of a company -- Constitutionally relevant articles -- The articles of association -- The legal effect of the constitution -- Off the shelf companies -- Contracts made before the company is formed -- The company name -- Prohibited names -- Objection to a company name -- Publication of name and address -- Change of name -- The Registrar of Companies -- Essential points -- Practice questions -- Task 10 -- Companies (2): Management, control and winding up -- Management and control of companies -- Appointment and removal of directors -- The powers of directors -- Directors as agents -- Remuneration of directors -- Directors' duties -- Disqualification of directors -- The register of directors -- Control of the company -- Types of shares -- Company meetings -- Resolutions -- The position of minority shareholders -- Statutory protection of minority shareholders -- Protection from the courts -- The company secretary -- Company registers.

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Essentials of Business Law is well regarded for its clear yet succinct exposition of legal principles and key cases across the essential legal topics relevant to business students.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2023. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.