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(Steven Felgate) #1
470 Index

European Economic Community
(EEC) 16
European Parliament 16, 18 –19
and the ECJ 20
MEPs 18
powers 19
European Union law 7, 16 –24
Amsterdam Treaty 18
Charter of Fundamental Rights 17
Citizens’ Initiative 16 –17
competition law 414 –15
Council of Ministers 17
Directives
Consumer Protection from Unfair
Trading Regulations 401–15
health and safety 395 – 8
product liability 240
and EU institutions 17–20
Lisbon Treaty 16 –17
Luxembourg Accord 18
Maastricht Treaty 16
Member States of the EU 16, 17
origins of the EU 16
sources of 20 –2, 23
applicability and effect 20
decisions 22
Directives 21–2, 23
recommendations and options 22
regulations 21, 23
Treaty Articles 20 –1, 23
supremacy of 22 – 4
exclusion
clauses in terms of contract 72, 97– 9
of implied terms of contract 74
executed consideration 54
executory consideration 54
exemption clauses 97–9
exhaustion, unconditional
appropriation by 192–3
existence of goods, common mistake
as to 123 –5
expert determination 449
express actual authority 161, 162, 165
express terms of contract 72, 73

Factors Act (1889) 214 –15
fair comment, defence to defamation
260
false imprisonment, and trespass to
the person 257
fast tack claims 444
fiduciary duties
agents 171–3
partnerships 341–3
fiduciary relationships, and
misrepresentations 117

films, copyright of 430 –1
fitness for purpose, implied terms of
contract 78, 86 – 8, 90, 91
Fixed-Term Employees (Prevention of
Less Favourable Treatment)
Regulations (2002) 390
fixed-term workers, and the Equality
Act (2010) 390 –1
flexible working, for parents and
carers 362–3
floating charges 320 –1
Food Hygiene (England) Regulations
(2006) 398
force majeureclauses, and frustration of
contract 143, 145
foreign officials, bribery of 416
foreseeable damage, in negligence
liability 234 –5
foreseeable events, and frustration of
contract 143
Forgery and Counterfeiting Act (1981)
413
fraud
companies formed for fraudulent
purposes 278
contracts to commit 133
fraudulent misrepresentation 118
fraudulent trading and insolvency
323–4
French legal system 15, 30
frustration of contract 141– 6
rules about 142– 6
Sale of Goods Act (1979) 189 –90

general damages, for personal injuries
235–6
General Product Safety Regulations
(2005) 411–13
golden rule of statutory interpretation
9–10
goods, trespass to 257– 8
goods in shops, offer of contract 40
goodwill 343
groups of companies, and the
corporate veil 278
guarantees, consumer 96 –7

harassment at work 384
health and safety 391– 8
common law 393 – 4
Control of Substances Hazardous to
Health Regulations (2002) 394 –5
duties of employers 392–3
ergonomics 398
inspectors 392
‘six pack’ Regulations 395 – 8

Health and Safety at Work Act (1974)
391–3
Health and Safety (Display Screen
Equipment) Regulations (1992)
397
Henry II, king 28
High Court
judges 33, 439
and judicial precedent 12, 13, 15
jurisdiction 439 – 41
highway obstruction, and public
nuisance 252
hire, contracts of, implied terms of
contract 91
hire and rental agreements 422
hire-purchase agreements 420 –1
implied terms of 89 – 90
selling of motor vehicles on
hire-purchase 217–19
HMRC, and the national minimum
wage 363
holding out
as a director 297– 8
as a partner 334 –5
homicide law 401
hours of work, Working Time
Regulations (1998) 384 –5
human rights 17, 24 –5, 435
Human Rights Act (1998) 24 –5, 27

illegal contracts 132–3
illegal partnerships 340
illegality of contracts 110
illegality of performance, and
frustration of contract 142
implied actual authority 161, 165
implied obligations, in contracts of
employment 358 –9
implied rules of partnerships
336 –9
implied terms of contract 72, 73 – 4
statutory 72, 76 –93
Sale of Goods Act (1979) 76 – 89,
92–3
status of 92– 3
Supply of Goods (Implied Terms)
Act (1973) 76, 89 –90, 92, 93
Supply of Goods and Services
Act (1982) 76, 90 –2, 92, 93
impossibility of performance, and
frustration of contract 141–2
incremental approach to negligence
226
indemnity
and agency rights 174
and agency termination 178 –9

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