untitled

Index 469

directors of companies (continued)

not accepting benefits from third

parties 300

promoting the success of the

company 299

protection from liability 301–2

relief from breach of duty 302

transactions requiring approval of

members 301

managing directors 296

powers of 295 – 6

register of 303 – 4

remuneration of 298

and resolutions 308

and ultra virescontracts 297

disability discrimination in

employment 380, 381, 383

discharge of contractual liability

137– 49

by agreement 140 –1

by breach 146 –7

by frustration 141– 6

by performance of the contract

137–9

disclosed agency 168

discrimination and employment law

seeEquality Act (2010)

dismissal

constructive 368, 373

unfair 366 –72

wrongful 366, 372–5

dispute resolution 438 –50

allocation to a track 443 –5

alternative 445 –50

civil procedure 441–50

county courts 438, 441

High Court jurisdiction 439 – 41

offers to settle 444 –5

prosecution for criminal offences

440 –1

tribunals 445

disqualification of company directors

302–3

divisible contracts, discharge by

performance 138

Divisional Courts, and judicial

precedent 12, 13

document signed, mistake as to type

of document 130

domestic contexts, agreements made

in 52–3

due diligence defence, Consumer

Protection from Unfair Trading

Regulations (2008) 410 –11

duress, contracts made under 110,

130 –1

duties

of agents 170 – 6

of buyers 195, 200 – 4

of sellers, to deliver 195 –9

duty of care

breach of, foreseeable type of

damage caused by 232– 4

company directors 299

and corporate manslaughter 277

and liability for negligence 225 –9

breaching the duty 229 –32

occupiers 238 – 40

early neutral evaluation 449

economic duress, contracts signed

under 130 –1

economic loss

negligence and duty of care 228 –9

and negligent misstatement 238

Electronic Commerce (EC Directive)

Regulations 48

emails

and the Computer Misuse Act

(1990) 414

offer and acceptance of contract 48

employees

ACAS grievance procedure 365 – 6

competence of fellow employees

394

obligations of 358 –9

redundancy 368, 372, 375 –7

statutory rights of 359 – 65

transfer of 363

unfair dismissal 366 –72

and vicarious liability

acting in the course of his/her

employment 265 –7

contrasted with independent

contractors 261–7

wrongful dismissal 366, 372–5

see alsoEquality Act (2010); health

and safety; pay

employers

health and safety duties 392–3

obligations of 358 –9

and vicarious liability 261– 8

Employment Appeal Tribunals 445

unfair dismissal 368 –9, 371

wrongful dismissal 373 – 4

employment law 357– 400

ACAS grievance procedure 365 – 6,

369 –70

contract of employment 357–9

itemised pay statements 358

obligations in 358 –9

variation of terms of 359, 360

discrimination 380 – 91

health and safety 391– 8

redundancy 368, 372, 375 –7

statutory rights of employees

359–65

unfair dismissal 366 –72

wrongful dismissal 366, 372–5

see alsoEquality Act (2010)

Employment Rights Act (1996) 261

contract of employment 357– 8

flexible working 362–3

redundancy 375

time off for dependants 362

unfair dismissal 367– 8, 386

enemy aliens, companies owned by

278

enemy nations, contracts to trade with

133

Enterprise Act (2002) 414, 415

Equal Pay Act (1970) 380

Equality Act (2010) 380 –91

burden of proof under the Act 388

comparators 384, 386, 390

direct discrimination 382–3

discrimination against employees

and applicants for employment

385

equal pay and conditions for

women 385 – 8

fixed-term workers 390 –1

harassment 384

indirect discrimination 383 – 4

part-time workers 389, 390

persons with criminal records 391

positive action 389

protected characteristics 380 –2

public sector equality duty 388 –9

unfair dismissal 368

victimisation 384 –5

equity and common law 28

ergonomics in the workplace 398

estoppel, sale by a person who is not

the owner 213, 214, 218

ethnic groups, characteristics of 382

European Commission 16, 17, 18

President 18

European Communities Act (1972) 8

European Convention on Human

Rights 24 –5, 435

European Court of Justice (ECJ)

19 –20, 440

advocates-general 19

and the Court of First Instance 19

and EU Directives 21

jurisdiction of 19 –20

and Member States 20

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