early neutral evaluation 449
expert determination 449
Med-arb 449
mediation 448 –9
neutral fact finding 449
Ombudsmen 449 –50
Amsterdam Treaty 18
ancient laws 29
anticipatory breach of contract 146 –7
Anglo-Saxon law 29
Annual General Meetings (AGMs)
305 – 6, 308
annual leave 364 – 5
anticipatory breach of contract 146 –7
mitigation and 152–3
apparent authority of agents 161–2,
162 –3, 166
appellate courts
and judicial precedent 13, 14 –15
and solicitors 32
applicants for employment,
discrimination against 385
approval, goods delivered on, passing
of ownership of 188 – 9
arbitration 446 – 8
advantages of 446 –7
reference to 447– 8
Arbitration Act (1996) 448
articles of association 285 – 6, 288
amendment of 286
entrenched 286
powers of directors 295
removal of directors 294
assault, and trespass to the person
256 –7
assets, and voluntary liquidation
322–3
Atkins, Lord, ‘neighbour’ speech and
negligence 226 – 7
auctions
acceptance of contract 41, 45
‘without reserve’ 45
auditors 317–18, 319
appointment and leaving office 317
duties 318
liability limitation agreements 318
reports 316
agency 160 – 81
authority of 161–7
actual authority 161, 162–3,
164 –5, 166, 167
apparent authority 161–2, 162–3,
166
by operation of law 165 – 6
consequences of types of
authority 162–3
no authority 166
ratification 163 – 4, 166
Watteau vFenwick authority
164 –5, 166, 167, 168
directors of companies as agents
296–8
duties of agents 170 – 6
contractual duties 170 –1
fiduciary duties 171–3
liability on contracts made by
agents 166 –70
members of LLPs as agents 346 –7,
350
and ownership, sale by a person
who is not the owner 213, 214,
218
partnerships 331–5, 350
powers of agents 160 –1
rights of agents 173 – 6
termination of 176 – 9
agency workers, and vicarious liability
263–4
aggressive commercial practices,
consumer protection from 407
AGMs (Annual General Meetings)
305 – 6, 308
agreed damages, for breach of
contract 153 – 4
agreement
certainty of 46 – 7
discharge of contractual liability by
140 –1
all moneys ROT clauses 213
Alternative Business Structures (ABS)
32–3
alternative dispute resolution 445 –50
arbitration 446 – 8
conciliation 449
Index
abatement 249
absolute privilege, and defamation
260
ACAS grievance procedure 365 – 6
and conciliation 449
unfair dismissal 369 –70
acceptance of contract 37, 41– 51
auctions 41, 45
certainty of agreement 46 – 7
condition not fulfilled 50 –1
counter offers 43 – 4
dealing with machines 47– 8
delivery notes 41–2
on the Internet 48
postal rule 42–3, 44, 49
standard terms 51
tenders 45 – 6
termination of offers 49 – 50
unsolicited goods 41
acceptance of goods, Sale of Goods
Act (1979) 200, 201–2, 206, 207
account, duty of agency to 173
accounting records
companies 316
LLPs 347
Act of God, Ryland vFletcher rule
(tort of strict liability) 253, 254
acting in good faith, duty of agency
172
actual authority of agents 161, 162–3,
164 –5, 166
actus reus(guilty act) 401
Bribery Act (2010) 415
adequacy of consideration 55
administration, company 324 – 5
Administration of Justice Act (1985) 32
Administrative Court 34
adoption leave and pay 361–2
adversarial system of trial 7– 8, 29 –30
advertisements
auctions without reserve 45
offer or invitation to treat 38 –9
for tenders 45 – 6
affirmation of contract, and
misrepresentation 121
age discrimination in employment
380, 381, 383
Z02_MACI4097_03_SE_IDX.QXD 1/31/11 3:01 PM Page 465