TY - BOOK AU - Keenan, Denis AU - Business Contract TI - Business law SN - 9781405846974 U1 - 344.2067 KEE PY - 2007/// CY - New Delhi KW - Commercial law KW - Criminal liability in business N1 - Includes reference and Index p.588 -597; Guided Tour xii Preface xv Legal Study Skills xvi Case Names, Citations and Law report Abbreviations xix Acknowledgements xxii Table of Cases xxiii Table of Statutes xxxvi Table of Statutory instruments xxxix Table of European and other Legislation xlii PART 1: INTRODUCTION TO LAW The Nature of Law 3 (10) Learning Objectives 3 (1) Classification of Law 3 (3) The Common Law 6 (1) Equity 7 (1) Some Basic Principles of Legal Liability 8 (1) Law of Property 9 (1) Self-Test Questions/Activities 10 (1) Specimen Examination Questions 10 (1) Website References 11 (2) Law Making 13 (34) Learning Objective 13 (1) Causes of Legal Change 13 (1) Legal Change and the Changing World 13 (2) Law Reform 15 (1) The Sources of Legal Change 15 (1) Law-Making Processes 16 (9) European Community Law 25 (14) Human rights 39 (5) Self-test questions/Activities 44 (1) Specimen examination questions 44 (1) Website References 45 (2) Resolving Disputes 47 (28) Learning Objectives 47 (1) Legal Services 47 (1) The Legal Profession 47 (2) Other Legal Personnel 49 (1) Other Sources of Information and Advice 50 (1) Methods of Dispute Settlement: the Courts 51 (1) Criminal Courts 52 (6) Civil Courts 58 (6) Other Important Courts 64 (1) Tribunals 65 (2) Alternative dispute resolution 67 (2) Ombudsmen 69 (1) Regulators 69 (1) Self-test questions/activities 69 (2) Specimen examination questions 71 (1) Website References 71 (4) PART 2: BUSINESS ORGANISATIONS Classification and Survey of Types of Business Organisation 75 (26) Learning Objectives 75 (1) Classification of Business Organisations 75 (3) Natural and Juristic Persons 78 (2) Survey of Types of Business Organisations: Advantages and Disadvantages 80 (1) Commencement of Business 80 (1) Raising Business Finance - Generally 81 (1) Raising Business finance - Securities 82 (1) Charges 82 (2) Guarantees 84 (1) Mortgages 85 (2) Mortgages of Personal property 87 (1) Mortgages of Choses in action 88 (1) Liability of the Proprietors 88 (1) Continuity 89 (1) Publicity and External Control of the undertaking 90 (2) Taxation and National Insurance 92 (4) Planning 96 (2) Self-Test Questions/Activities 98 (1) Specimen Examination Questions 99 (1) Website references 99 (2) Non-Corporate Organisations-Sole Traders and Partnerships 101 (52) Learning Objectives 101 (1) The Sole Trader 101 (1) Formation of the Business 101 (2) Dissolution 103 (1) Debt Recovery 103 (2) Bankruptcy procedure - generally 105 (1) The Petition 106 (1) Schemes of Arrangement Under the Deeds of Arrangement Act 1914 106 (1) The Interim Order and Voluntary Arrangement under the Insolvency Act 1986 107 (1) The Effect of a Bankruptcy order - generally 108 (1) Committee of Creditors 109 (1) The Public Examination 110 (1) The Family Home 110 (1) Proof of Debt 111 (1) Mutual dealings - Set off 111 (1) Carrying on the Business and Disclaimer 111 (1) Transactions at an Undervalue and Preferences 111 (2) Payment of the Creditors - Preferential payments 113 (1) Protection of Employees 113 (1) Trade Creditors 114 (1) Deferred Creditors 114 (1) Discharge of the Bankrupt 114 (1) The Ordinary Partnership 115 (1) Definition and Nature of a Partnership 115 (3) The Sharing of Profits as evidence of Partnership 118 (1) Types of Partners 119 (2) Membership of the Firm 121 (1) The Firm and the Firm name 122 (1) The Relationship Between Partners and Outsiders 123 (1) Partners' Powers 123 (3) Liability of Incoming and Outgoing Partners 126 (2) Relationship of Partners Within the Partnership 128 (5) Dissolution 133 (5) Ordinary Limited Partnerships 138 (1) Limited Liability Partnerships 139 (4) Reform: A Partnership With Legal Personality 143 (2) Model Form of Ordinary (or Unlimited) Partnership Deed 145 (5) Self-Test Questions/Activities 150 (1) Specimen Examination Questions 151 (1) Website References 152 (1) Companies 153 (60) Learning Objectives 153 (1) Types of Registered Companies 153 (1) Public and Private Companies 154 (1) Formation 155 (1) Pre-Incorporation Contracts 156 (2) The Company's Constitution 158 (6) Articles of Association 164 (4) Financing the Company 168 (5) The Issue of Shares and Debentures 173 (1) Procedures for Issuing Shares to the Public 174 (1) Regulation of the Securities Market and of Admission to it 175 (1) Offers of Unlisted Securities 176 (1) The Remedy of Rescission 177 (1) Membership 177 (2) Meetings, Resolutions and Annual Return 179 (4) Protection of Minority Interests 183 (2) Directors and Secretary 185 (8) Powers of Directors 193 (3) Company Insolvency and Corporate Rescue 196 (1) Liquidation 197 (3) Alternatives to Liquidation: Company Rescue Procedures 200 (1) Administration 201 (6) Self-test Questions/Activities 207 (1) Specimen Examination Questions 208 (1) Website References 208 (5) PART 3 BUSINESS TRANSACTIONS Introduction to the Law of Contract 213 (60) Learning Objectives 213 (1) Business Contracting - generally 213 (1) Nature of a Contract 214 (1) Types of Contract 214 (1) Essentials of a Valid Contract 215 (24) Genuineness of Consent 239 (1) Mistake 239 (4) Misrepresentation 243 (3) Rescission 246 (2) Duress and Undue Influence Legality 248 (3) Competition Policy 251 (6) Discharge of Contracts 257 (4) Remedies 261 (6) Limitation of Actions 267 (1) Self-Test Questions/Activities 268 (3) Specimen Examination Questions 271 (1) Website References 272 (1) Types of Business Contract 273 (14) Learning Objectives 273 (1) Contracts for the Supply of Goods 273 (2) Contracts of Bailment 275 (1) Employment Contracts 275 (1) Contracts of Agency 275 (4) Contracts Concerning Land 279 (1) Contracts form Financial Services 279 (1) Standard form Contracts 280 (4) Self-test Questions/Activities 284 (1) Specimen Emamination Questions 284 (1) Website References 285 (2) The Terms of Business Contracts 287 (22) Learning Objectives 287 (1) Certainty of Terms 287 (2) Puffs, Representations and Terms 289 (1) Types of Contractual Terms 290 (1) Express and implied Terms 291 (2) Exemption Clauses-the Law 293 (5) Unfair Contract Terms Act 1977 298 (5) Unfair Terms in Consumer Contracts Regulations 1999 303 (2) Reform 305 (1) Fair Trading Act 1973 306 (1) Self-test Questions/Activities 306 (1) Specimen Examination Questions 307 (1) Website References 308 (1) Contracts for the Supply of Goods and Services 309 (30) Learning Objectives 309 (1) Sale of Goods 310 (1) Definition 310 (1) Formation 310 (1) The Implied Terms 310 (6) Transfer of Property in the Goods 316 (3) Sale by a Person Who is not the Owner 319 (3) Reform of the Law Relating to Transfer of Title Contained in SS 21-26 of the Sale of Goods Act 1979 322 (1) Performance of the Contract 323 (3) Remedies 326 (3) Supply of Goods and Services 329 (1) Implied Terms in Contracts for the Supply of Goods (Part I) 330 (1) Implied Terms in Contracts for the Supply of Services (Part II) 331 (1) Manufacturer's Liability in Contract 332 (3) Reform and Guarantees 335 (1) Self-test Questions/Activities 335 (2) Specimen Examination Questions 337 (1) Website References 337 (2) Business and the Law of Tort 339 (26) Learning Objectives 339 (1) Tortious Liability 339 (1) Basis of Tortious Liability 339 (1) Proof of Damage 340 (1) Causation 340 (1) Defences 341 (3) Remedies 344 (1) Limitation of Actions 344 (1) Specific Torts Relevant to Business 345 (2) Defective Goods 347 (5) Defective Services - generally 352 (2) Lawyers 354 (1) Accountants and Auditors 354 (2) Valuers and Surveyors 356 (1) Other torts Relevant to Business 357 (2) Rule in Rylands v Fletcher 359 (3) Self-test Questions/Activities 362 (1) Specimen Examination Questions 362 (1) Website References 363 (2) Criminal Liability in Business 365 (26) Learning Objectives 365 (1) Criminal Law and the Supplier of Goods and Services 365 (1) Misdescription of Goods and Services 366 (4) Reform of the Trade Descriptions Act 1968 370 (1) Misleading Price Indications 371 (2) Product Safety 373 (3) Safety and Quality of Food 376 (2) Other Criminal Liability for the Supply of Goods and Services 378 (1) Criminal Liability - generally 378 (1) Other Crimes Relevant to Business 379 (5) Stock Exchange Frands 384 (4) Self-Test Questions/Activities 388 (1) Specimen Examination Questions 389 (1) Website References 390 (1) Credit 391 (22) Learning Objectives 391 (1) Types of Credit 392 (7) Consumer Credit Act 1974 399 (12) Agreements Covered by the Act 400 (2) Licensing of Credit and Hire Businesses 402 (1) Seeking Business 403 (1) Signing Credit or Hire Agreements 404 (1) Cancellation 405 (1) Credit Reference Agencies 405 (1) Liability of the Supplier and Creditor 406 (2) Termination and Default 408 (3) Self-test Questions/Activities 411 (1) Specimen Examination Questions 412 (1) Website References 412 (1) Consumer Protection 413 (22) Learning Objectives 413 (1) Who is a Consumer? 413 (1) Why do Consumers need Protection? 414 (1) Consumer Protection Institutions 414 (5) Different Approaches to Consumer Protection 419 (3) Consumer Protection Case Study - Package Holidays 422 (6) Enforcing Consumer Rights 428 (2) Self-Test Questions/Activities 430 (1) Specimen Examination Questions 430 (1) Website References 431 (4) PART 4 BUSINESS RESOURCES Business Property 435 (34) Learning Objectives 435 (1) Generally 435 (1) Fixtures and Fittings 435 (1) The Lease 436 (1) Pure Personalty and Chattels Real 436 (1) Pure Personalty - Choses in Possession and Choses in Action 437 (1) Easements and Profits 437 (1) Securities 438 (1) A Licence 438 (1) Access to land 439 (1) Restrictive Covenants 440 (1) Legal Estates in Land 441 (2) The Rights and Duties of an Occupier of Land 443 (3) Intellectual Property and its Protection 446 (12) Data Protection 458 (6) Computer Misuse 464 (1) Freedom of Information 464 (1) Self-Test Questions/Activities 465 (1) Specimen Examination Questions 466 (1) Website References 466 (3) Employing Labour 469 (120) Learning Objectives 469 (1) Employer and Employee 469 (2) Independent Contractors - Self-Employment 471 (1) The Contract of Employment 472 (8) The Contract of Employment: Special Situations 480 (3) Rights and Duties of the Parties to the Contract 483 (6) Family-Friendly Provisions 489 (32) Health and Safety at Work 521 (18) Discrimination 539 (17) Disability Discrimination 556 (4) Termination of the Contract of Employment 560 (12) Discriminatory Dismissal 572 (1) Redundancy 572 (5) Other Methods of Termination of the Contract of Service 577 (6) Rights and Remedies on Dismissal 583 (3) Self-Test Questions/Activities 586 (1) Specimen Examination Questions 587 (1) Website References 588 (1) ER -