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(Steven Felgate) #1

  • Study skills Table of European legislation xxxiii

  • 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

  • 1 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

  • 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

    • The judiciary

    • Judicial review

    • Juries

    • Essential points

    • Practice questions

    • Task

    • 2 Making a contract

    • Definition of a contract

    • Offer

      • Invitation to treat

      • Offer of a unilateral contract

      • Goods in shops



    • Acceptance

      • The postal rule

        • contract Acceptance of the offer of a unilateral



      • Counter offer

      • Auctions

      • Tenders

      • Certainty of agreement

        • machines Offer and acceptance when dealing with

        • the Internet Offer and acceptance made over



      • Termination of offers

      • Subject to contract

      • Condition not fulfilled

      • Battle of the forms



    • Intention to create legal relations

      • commercial context Agreements made in a business or

      • context Agreements made in a social or domestic



    • Consideration

      • consideration Executed, executory and past

      • Sufficiency and adequacy

      • Performing an existing duty

        • the contract? Is the exclusion clause a term of



      • The Unfair Contract Terms Act

        • Contracts covered by the Act

        • The effect of the Act

        • Regulations The Unfair Terms in Consumer Contracts



      • Essential points

      • Practice questions

      • Task

        • duress and illegality 4 Misrepresentation, mistake,

        • representations The difference between terms and

        • Written contracts

        • Oral contracts

        • misrepresentation How a representation becomes a

        • 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

        • remedies for breach 5 Discharge of contracts and



      • Discharge of contractual liability

        • Discharge by performance of the contract

        • Discharge by agreement

        • Discharge by frustration

        • Rules about frustration

        • Discharge by breach

          • concluded contracts Legislation giving right to cancel





      • Remedies for breach of contract

        • Refusal to perform the contract

        • Damages

        • Suing for the contract price

        • Specific performance





    • Settling out of court

    • Part payment of a debt

    • Promissory estoppel



  • Privity of contract

    • Act The Contracts (Rights of Third Parties)



  • Formalities

    • Contracts which must be made by a deed

    • Contracts which must be in writing

      • in writing Contracts which must be evidenced





  • Minors

    • Valid contracts

    • Voidable contracts

    • Void contracts



  • Essential points

  • Practice questions

  • Task

  • 3 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

      • Act The terms implied by the Sale of Goods



    • 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)

    • Act The Supply of Goods (Implied Terms)

    • Act The Supply of Goods and Services

    • Part I of the Act

    • Part II of the Act



  • The status of the statutory implied terms

    • consumer cases Additional rights of the buyer in

      • rights apply The circumstances in which the new



    • The hierarchy of rights



  • Consumer guarantees

  • Exclusion clauses

    • Remedies of the buyer and seller Contents ix

      • The buyer’s remedies

      • The seller’s remedies



    • Reservation of title (ownership) by the seller

      • the goods sold Claims to goods manufactured out of

      • 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)

        • Act 1889) Mercantile agency (s. 2(1) Factors

        • (s. 23 SGA) Sale by a person with a voidable title



      • Sale by a seller in possession (s. 24 SGA)

      • Sale by a buyer in possession (s. 25 SGA)

        • (Hire-Purchase Act 1964 s. 27) Motor vehicles on hire-purchase





    • Essential points

    • Practice questions

    • Task

    • 8 The tort of negligence

    • Contract and tort

      • Contract remedies and tort remedies



    • Negligence

      • That a duty of care was owed

      • Breaching the duty

        • caused by the breach of duty A foreseeable type of damage was



      • 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

    • Injunction

    • Rectification

    • Quantum meruit(as much as he has earned)



  • Time limits on remedies

  • Essential points

  • Practice questions

  • Task

  • 6 Agency

  • What is agency?

  • The authority of the agent

    • Actual authority

    • Apparent authority

    • Ratification

    • Watteau vFenwickauthority

    • Agency by operation of law

    • No authority



  • Liability on contracts made by agents

    • Disclosed agency

    • Undisclosed agency

      • of authority The agent’s liability for breach of warranty





  • The rights and duties of the agent

    • Contractual duties

    • Fiduciary duties

    • Remedies for breach of fiduciary duties

    • Rights of the agent



  • Termination of agency

    • (Council Directive) Regulations Termination and the Commercial Agents



  • Essential points

  • Practice questions

  • Task

  • 7 The Sale of Goods Act

  • The passing of ownership and risk

    • The goods become lost or damaged

    • Insolvency of the buyer or the seller

      • passing of ownership The Sale of Goods Act rules on the



    • Passing of ownership of specific goods

    • Risk, mistake and frustration

      • goods Passing of ownership in unascertained





  • Duties of the buyer and the seller

    • The seller’s duty to deliver

    • The buyer’s duty to pay the price

      • and take delivery of them The buyer’s duties to accept the goods

        • Ownership of property x Contents

        • 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

          • Act Registration under the Companies

          • 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

          • is formed Contracts made before the company



        • 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

          • control and winding up 11 Companies (2): Management,



        • 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

          • shareholders Statutory protection of minority

          • Protection from the courts





      • and vicarious liability 9 Nuisance, trespass, defamation





  • Private nuisance

    • Remedies

    • Defences



  • Public nuisance

    • Remedies

    • Defences



  • The rule in Rylands vFletcher

    • 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

    • contractors Employees contrasted with independent

    • of his or her employment? When is an employee acting in the course



  • Breach of statutory duty

  • Time limits for tort remedies

  • Essential points

  • Practice questions

  • Task

    • and formation 10 Companies (1): Characteristics



  • The Companies Act

    • investment fostering a long-term approach to

    • better regulation The ‘Think Small First’ approach and

    • Ease of formation and flexibility



  • The characteristics of companies

    • The company is a separate legal entity

    • Limited liability

    • Perpetual succession

      • partnership? Choice of legal status Company, partnership or limited liability

      • Limited liability

      • The right to manage

      • Agency

      • Withdrawal from the business

      • Business property

      • Borrowing power

      • Formation

      • Formalities

      • Publicity

      • Tax

      • Perpetual succession

      • Sole traders

      • Essential points

      • Practice questions

      • Task

        • rights and dismissal of employment, employment



      • The contract of employment

        • particulars Written statement of employment

        • Itemised pay statements

        • Implied obligations of the parties

        • Variation of the terms of the contract



      • Statutory rights of the employee

        • Maternity rights

        • Paternity leave and pay

        • Adoption leave and pay

          • dependants Parental leave and time off for



        • Flexible working for parents and carers

        • Transfer of employees

        • National minimum wage

        • The Working Time Regulations



      • ACAS grievance procedure

      • Unfair and wrongful dismissal

      • Unfair dismissal

        • Who can claim?

        • What is a dismissal?

        • When is a dismissal unfair?

        • Was the dismissal actually fair?

        • Procedure to be followed

        • Automatically unfair dismissals

        • The effective date of termination

        • Remedies for unfair dismissal



      • Wrongful dismissal





  • The company secretary

  • Company registers

  • Annual return

  • Accounts and accounting records

    • Accounting records

    • The annual accounts



  • The auditor

    • The need to have an auditor

    • Appointment and leaving office

    • Auditor’s duties

    • Liability limitation agreements



  • Loans to the company

    • Fixed charges

    • Floating charges

    • Registration of charges

    • Priority of charges



  • Winding up of companies

    • Liquidation by court order

    • Voluntary liquidation

    • Liability arising from insolvency



  • Administration

    • Company voluntary arrangement (CVA)



  • Essential points

  • Practice questions

  • Task

    • legal status partnership and choice of



  • Partnership

    • Definition of a partnership

    • Characteristics of a partnership

    • Agency

    • Partnership agreements

    • The partnership deed

    • Management of partnerships

    • The partnership name

    • Fiduciary duties

    • Partnership property

    • Winding up of partnerships



  • Limited liability partnerships

    • Formation of LLPs

    • Members and designated members

    • Accounts and accounting records

    • Minority protection

      • partnerships Winding up of limited liability

      • partnerships? Are LLPs more like companies or

        • Competition law xii Contents

        • The Bribery Act

          • The offences



        • Essential points

        • Practice questions

        • Task

          • intellectual property rights 16 Credit transactions and



        • Credit transactions

          • Loans

          • Hire-purchase

          • Conditional sales

          • Credit sales

          • Hire and rental agreements

          • Pledge

            • The Consumer Credit Acts 1974 and



          • Interest on trade debts



        • Business property

          • Legal concepts of property

          • Copyright

          • Patents

          • Trade marks

          • Breach of confidence

          • Suing for breach of privacy

          • Passing off



        • Essential points

        • Practice questions

        • Task

          • disputes 17 The resolution of business



        • Jurisdiction of the county court

        • Jurisdiction of the High Court

        • Civil procedure

          • Making a claim

          • Responses to a claim

          • Allocation to a track

          • Tribunals

          • Alternative dispute resolution

          • Other types of ADR

          • Ombudsmen



        • Essential points

        • Practice questions

        • Task

        • Glossary

        • Index





    • Constructive dismissal

    • How much notice?



  • Redundancy

    • Who can claim redundancy?

    • Offer of suitable alternative employment

    • Redundancy payments



  • Essential points

  • Practice questions

  • Task

    • and health and safety 14 Employment (2): Discrimination



  • Introduction

  • The Equality Act

    • The protected characteristics

    • Direct discrimination

    • Indirect discrimination

    • Harassment

    • Victimisation

      • applicants for employment Discrimination against employees and



    • Equal pay and conditions for women

    • Burden of proof under the Act

    • Public sector equality duty

    • Positive action

    • Discrimination against part-time workers

    • Fixed-term workers

    • Persons with criminal records



  • Health and safety

    • Health and Safety at Work Act

    • Common law health and safety

      • Health Regulations Control of Substances Hazardous to



    • The ‘six pack’ Regulations



  • Essential points

  • Practice questions

  • Task

    • criminal law 15 Regulation of business by the



  • The nature of criminal liability

    • Trading Regulations The Consumer Protection from Unfair

    • The structure of the Regulations

    • The prohibitions under the Regulations

    • The offences which the Regulations create

    • Defences

    • Product safety

    • The Computer Misuse Act



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