476 Indexterms of contract 72–109
additional rights of consumers
94–6
breach of 72
and misrepresentation 123
conditions 75, 76
breach of 75, 78 –9, 93, 95
consumer guarantees 96 –7
exclusion clauses 72, 97–9
express terms 72, 73
implied
by the courts 72, 73 – 4
by statute 72, 76 –93
innominate terms 76
nature of terms 72– 4
and representations 110 –13
Sale of Goods Act (1979) 76 – 89
types of terms 75 – 6
Unfair Contract Terms Act (1977)
86, 93, 94, 98, 99, 100 –5
Unfair Terms in Consumer
Contracts Regulations (1999)
105 –7
unilateral mistake as to 126 –7
warranties 75, 76
breach of 75, 79
tested goods, passing of ownership
188
the thing that speaks for itself, and
liability for negligence 232
time of delivery, Sale of Goods Act
(1979) 197, 199, 206
time lapse on offers 50
time limits for tort remedies 268
Timeshare Act (1992) 149
torts
contract to commit 133
conversion 257– 8
defamation 258 – 60
defining 26, 223
and liability in contract 223 – 4
liability for a partner’s torts 333 – 4,
335
negligence 225 – 46, 393 – 4
nuisance 223, 247–54
Ryland vFletcher rule (tort of strict
liability) 252– 4
time limits for tort remedies 268
trespass
to goods 257– 8
to land 254 – 6
to the person 256 –7
vicarious liability 261– 8
trade associations, and arbitration
447– 8
trade marks 434Transfer of Undertakings (Protection
of Employees) Regulations
(2006) 363
transsexual persons, protected
characteristic of 381
trespass
to goods 257– 8
to land 254 – 6
occupiers’ liability to 239 – 40
to the person 256 –7
Trial by Battle 29
tribunals 445
see alsoEmployment Appeal
TribunalsUCTA seeUnfair Contract Terms Act
(1977)
ultra viresacts 296 –7, 313, 314
unascertained goods
lost or damaged 183
passing of ownership in 190 –5
seller’s duty to deliver 195 –9
terms of contract 80
unconditional appropriation, passing
of ownership in unascertained
goods 190 –3
undisclosed agency 168 –9
undivided shares, in unascertained
goods 193 – 4
undue influence doctrine 131–3
unfair commercial practices, consumer
protection from 402–3, 407–9
Unfair Contract Terms Act (1977) 86,
93, 94, 98, 99, 100 –5
contracts covered by 100
effects of the Act 100 –5
and liability for negligence 237, 239
unfair dismissal 366 –72
ACAS grievance procedure 369 –70
automatic 370 –1
band of reasonable responses test
368 –9
categories of 368
effective date of termination 371
remedies for 371–2
unfair prejudice
company members 311–13
LLPs 347
Unfair Terms in Consumer Contracts
Regulations (1999) 105 –7
unilateral contracts
acceptance of 43
discharge by performance 137– 8
offer of 39 – 40
revocation of 50
unilateral mistake 124, 126 –30United Kingdom (UK), and European
Union law 22– 4
unlimited companies 280
unlimited liability, and partnerships
330 –1
unsafe goods/services, and privity of
contract 63 – 4
unsolicited goods, and acceptance of
contract 41valid contracts and minors 68
Van Gend criteria 20, 21
vicarious liability 261– 8
employees
acting in the course of
employment 265 –7
contrasted with independent
contractors 261– 6
for independent contractors 267– 8
for prohibited acts 267
victimisation at work 384 –5
view of profit, and partnerships 330
visitors, occupiers’ liability to 238 – 40
voidable contracts
and minors 68
and misrepresentation 121–2
sale by a person with a voidable
title 213, 215 –16
volenti non fit injuria(to one who
volunteers no harm is done)
237
voluntary liquidation 322–3warranties 75, 76
breach of 75, 79
agent’s liability for breach of
warranty of authority 169 –70
damages for 204
Sale of Goods Act (1979) 201
Watteau vFenwick authority 164 –5,
166, 167, 168
websites, offer and acceptance of
contract 48
weighed goods, passing of ownership
188
wholly innocent misrepresentation
119 –20
Wildlife and Countryside Act (1981)
398
William I, king 29
windfall profits, and ROT clauses
213
women and employment law
discrimination against 383
equal pay and conditions 385 – 8
maternity rights 359 – 61Z02_MACI4097_03_SE_IDX.QXD 1/31/11 3:01 PM Page 476