untitled

Index 467

companies (continued)

winding up of 321– 4

see alsodirectors of companies;

Registrar of Companies;

shareholders

Companies Act (1985)

objects clause 297

removal of directors 294 –5

Companies Act (2006) 7, 272–3

and company names 289, 290

constitution of a company 285,

286–8

derivative claims 310 –11

and directors’ duties 298 –302

ease of formation and flexibility 273

and limited companies 281

objects clause 296 –7

off the shelf companies 288

and partnership names 340 –1

registration of companies 281– 4

shareholder engagement 272

‘Think Small First’ approach 273

Company Directors Disqualification

Act (1986) 303, 324, 347

company law 7

company names adjudicators 290

company voluntary agreement (CVA)

325

comparators, and the Equality Act

(2010) 384, 386, 390

compensation

agency termination 178

loss of 179

for unfair dismissal 371–2

Compensation Act (2006) 231, 239

‘compensation culture’, and breach of

duty of care 231

Competition Act (1998) 414, 415

competition law 414 –15

Computer Misuse Act (1990) 413 –14

conciliation 449

condition not fulfilled 50 –1

conditional sales 421–2

conditions (terms of contract) 75, 76

breach of 75, 78 – 9, 93, 95

confidence, breach of 435

confidentiality, duty of agency to

protect 173

conflicts of interest

duty to avoid

agency 172

company directors 300

consent of claimant

and nuisance liability 250 –3

Ryland vFletcher rule (tort of strict

liability) 253

consent defence, trespass to the

person 257

consideration 37, 53 – 62

executed 54

executory 54

part payment of a debt 59 – 60

past 54 –5

performing an existing duty 56 – 8

promissory estoppel 60 –2

settling out of court 59

sufficiency and adequacy of 55

constructive dismissal 368, 373

Consumer Credit Act (1974) 67, 420,

423

cancellation of contracts 149

and hire-purchase 421

Consumer Credit Act (2006) 324 – 8

cancellation rights 426

cooling-off period 428

creditor regarded as agent of the

supplier 427

creditor responsible for dealer’s

misrepresentations and

breaches of contract 427

defining a regulated agreement

423 –5

early settlement 428

formalities to be complied with 426

high net worth debtors and

business exemption 425 – 6

misuse of credit cards 428

repossession of goods 428

unfair relationships 428

consumer credit agreements 67

consumer guarantees 96 –7

Consumer Protection Act (1987)

and negligence liability 240 –5

time limits for tort remedies 268

Consumer Protection (Distance

Selling) Regulations (2000) 41,

48

statutory cooling-off period 147– 8

Consumer Protection from Unfair

Trading Regulations (2008) 41,

401–15

aggressive commercial practices

407

defences 410 –11

misleading actions 403 –5

misleading omissions 405 – 6

offences created by the Regulations

409 –10

product safety 411–13

prohibitions under the Regulations

402–9

structure of the Regulations 402

unfair commercial practices 407–9

definitions of 402–3

consumers

additional rights of, Sale of Goods

Act (1979) 94 – 6, 204

statutory cooling-off periods 147–9

and the Unfair Contract Terms Act

(1977) 101– 2

contract price, suing for 154

contracts

acceptance 37, 41–51

companies

constitution of a company 286 –7

contracts made before the

company is formed 288 – 9

ultra vires296 –7

consideration given by both parties

37, 53 – 62

contract remedies and tort remedies

224

contractual liability

discharge of 137– 49

and tort liability 223 – 4, 225

creation and discharge of 137

defining 37

employment 357–9

and wrongful dismissal 366,

372– 5

formalities 66 – 8

illegal 132–3

intention to create legal relations

37, 51–3

made under duress 110, 130 –1

meaningless terms in 46 –7

minors 68

misrepresentations 110, 114 –23

mistakes 110, 123 –30

offers 37– 40

partnerships’ liability in 332–3

privity of 63 – 6

subject to contract 50

terms of 72–109

and tort 223 – 4

undue influence doctrine 131–3

see alsobreach of contract; liability

Contracts (Rights of Third Parties)

Act (1999) 65 – 6, 243

contractual capacity of companies 276

contractual duties of agents 170 –1

contributory negligence 236 –7, 253,

267

contributory nuisance, and nuisance

liability 251

Control of Substances Hazardous to

Health Regulations (2002)

394 –5

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