454 Glossaryintermediary who has continuing authority to
negotiate the sale or purchase of goods on behalf of
another person (the principal), or to negotiate and
conclude the sale or purchase of goods on behalf of
and in the name of that principal. The Regulations
give such agents rights, particularly in relation to
termination of their agency. The Regulations also
impose duties on such agents.
Common law(1) The body of law made by the
courts, rather than by Parliament. (2) The body
of law which did not originate in the Court of
Chancery.
Companies HouseA Government department
which deals with the administration of companies
and LLPs. Its main functions are incorporating and
dissolving companies, storing information about
companies and LLPs, and making this information
available to the public.
CompanyAn incorporated body which has a legal
personality of its own.
Company secretaryAn officer of a company who
deals with the company’s administration.
ComparatorIn employment law, a person with
whom a person claiming discrimination wishes to
compare himself or herself.
Competition lawA body of law which tries to
ensure that businesses compete with each other
freely.
ConciliationA form of ADR under which a
conciliator tries to find middle ground on which
the parties might agree to settle their dispute.
Condition (of a contract)An important type of
contract term, breach of which allows the injured
party to terminate the contract and/or claim
damages. A term is a condition if, when the contract
was made, it was considered to go to the root of the
contract. Some statutory terms are also labelled
conditions. Contrasted with a warranty.
Conditional saleA sale of goods whereby the buyer
gets possession of the goods but ownership remains
with the seller until the full price is paid.
ConsiderationThe promise (or in cases of unilateral
contracts, the act) which a party to a contract gives
in return for the other party’s consideration. This
requirement of a contract distinguishes contracts
from gifts.
Consideration (total failure of)A total failure to
perform one’s contractual obligations.Consolidating ActA statute which replaces one or
more existing statutes on a particular subject.
Constitution (of company)The rules of a company,
consisting of its articles of association and special
resolutions or unanimous resolutions which could
have been passed only as special resolutions.
Constructive dismissalA dismissal which occurs
when an employee leaves the job, justifiably, on the
grounds of the employer’s conduct.
ConsumerAs regards most consumer protection
legislation, a natural person (and therefore not a
company) who is acting for purposes which are
outside his business. However, the Sale of Goods
Act definition of a person who ‘deals as a consumer’
is quite different.
Contributory negligenceA defence whereby a
claimant’s damages are reduced by the extent to
which his own fault contributed to his loss.
ConversionA tort giving the owner of goods the
right to sue a person who wrongfully possesses,
damages or destroys the goods. The tort is
committed by intentionally dealing with goods in a
way which is inconsistent with another’s right to
possess the goods.
Conviction(1) A decision by a court that a
defendant is guilty of the crime of which he was
accused. (2) A record of a person having been
found guilty of a crime.
Cooling-off periodA short period of time during
which a concluded contract can, in some
circumstances, be terminated.
CopyrightA right which protects the way in which
ideas are expressed.
Corporate veilThe idea that a company is a legal
person separate from its members. It is based on an
image of a veil hanging between the company and
its members.
Counter offerThe rejection of an offer, made by
proposing a different set of terms.
Court of AppealThe second highest court in the
English legal system. The court sits as either a
criminal division or a civil division and only hears
appeals. No cases begin in the Court of Appeal.
Court of ChanceryA medieval court, presided over
by the Lord Chancellor, which dealt with defects in
the common law and with matters of conscience.
Ceased to exist in 1873 when the Chancery Division
of the High Court was created.Z01_MACI4097_03_SE_GLOSS.QXD 1/31/11 3:01 PM Page 454