Business law / Denis Keenan and Sarah Riches

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)

eng.