Index 471independent contractors
and employment law 366
and vicarious liability 267– 8
contrasted with employees 261–5
indirect discrimination 383 – 4
inferior courts, and judicial precedent
12, 13
injunctions
for breach of contract 156
for defamation 260
for private nuisances 249
for public nuisances 252
for trespass to land 255
innocent publication, of defamatory
statements 259 – 60
innominate terms of contract 76
inquisitorial systems of trial 30
insolvency
buyer or seller, and the Sale of
Goods Act (1979) 185 – 6, 187
liability arising from 323 – 4
and limited liability 348
partnerships 344 –5
Insolvency Act (1986) 313, 323 – 4, 347
instalments, delivery by, Sale of
Goods Act (1979) 197– 8, 199
insurance contracts, and
misrepresentations 117
intellectual property rights 429 –34
intensions of parties, terms of contract
implied by 73
intention to create legal relations 37,
51–3
interest
on damages for breach of contract
154
on trade debts 428 – 9
Internet
offer and acceptance of contract 48
publication of defamatory
statements 259 – 60
invitation to treat 38 –9, 40, 45judges
circuit judges 15, 33 – 4, 438
High Court 33, 439
and judicial precedent 14 –15
law-making role of 30
Judicature Acts (1873 –75) 28
judicial precedent 7, 11–15
advantages of 14 –15
alternatives to 15
binding part of a case 12–15
disadvantages of 14
overruling 13 –14
reversing on appeal 14judicial review 34
judiciary 33 – 4
juries 31, 34 –5
and defamation cases 258
justice, contracts tending to impede
the administration of 133
justification
of defamation 259
and trespass to land 255knowledge of parties, terms and
representations 113land
nuisance liability 247–52
tort of strict liability (Rylands v
Fletcher) 252– 4
trespass to 254 – 6
Late Payment of Commercial Debts
(Interest) Act (1998) 429
law firms 31–3
Law Lords 33
Law Reform (Contributory
Negligence) Act (1945) 236
law reporting, and judicial precedent
14
Law Society 33
lawful visitors, occupiers’ liability to
238 –9
lay magistrates 34
leases of land, frustration of contract
144
legal effect of frustrating events 144 – 6
legal person, the company as a 273 –5
legal profession 15, 31–3
legal relations, intention to create
51–3
Legal Services Act (2007) 31, 32–3
Legal Services Board (LSB) 32
legal system 7–36
civil law and criminal law 26 – 8
common law and equity 28
European Union law 7, 16 –24
features of 29 –31
absence of a legal code 30
absence of Roman law 30
adversarial system of trial 7– 8,
29 –30
antiquity and continuity 29
law-making role of judges 30
procedure 30
Human Rights Act (1998) 24 –5, 27
judicial precedent 7, 11–15
judicial review 34
the judiciary 33 – 4
juries 31, 34 –5sources of law 8 –10
legislation
defining 8
delegated 8
effect of 8 –9
liability
in contract 223 – 4, 225
on contracts made by agents 168 –70
in criminal law 401–17
Consumer Protection from Unfair
Trading Regulations (2008) 41,
401–15
discharge of contractual liability
137– 49
and exclusion clauses 97– 9
nature of criminal liability 401
partnerships
by ‘holding out’ 334 –5
firm’s liability in contract 331–2
for a partner’s torts 333 – 4, 335
product liability 240 –5, 411–13
protecting company directors from
301–2
in tort 223 – 4, 225
and the Unfair Contract Terms Act
(1977) 100 –5
libel 258 – 60
lien
and agency rights 174 –5
unpaid sellers 207–9
Limitation Act (1980) 157, 268
limited companies 280 –1
as agents 175
limited by guarantee 280, 281
limited by shares 280, 281
protection offered to 274
limited liability 275 – 6, 348
limited liability partnerships seeLLPs
(limited liability partnerships)
Limited Liability Partnerships
Regulations (2001) 347
limited partners 345 – 6
Limited Partnerships Act (1907) 345,
346 –7
liquidation of companies 321– 4
by court order 321–2
voluntary 322–3
Lisbon Treaty 16 –17
literal rule approach 9
litigation 444 –5
disadvantages of 446
LLPs (limited liability partnerships)
329, 346 – 8
characteristics of 348
formation of 346, 352
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