Index 473Obiter dicta12–13
objects clause in company articles
296 –7
occupational requirement, defence of
385
Occupiers’ Liability Act (1957) 239
Occupiers’ Liability Act (1984) 239
occupiers’ liability for negligence
238–40
off the shelf companies 288
offer of amends 260
offer of contract 37– 40
condition not fulfilled 50 –1
dealing with machines 47– 8
goods in shops 40
on the Internet 48
and invitation to treat 38 –9, 40
tenders 46
termination of offers 49 –50
unilateral contracts 39 – 40
Office of Fair Trading 411
Office for Legal Complaints (OLC) 33
Ombudsmen 449 –50
oral contracts
and exclusion clauses 99
terms and representations 111
ordinary resolutions 307, 309
ordinary shares, rights of 304
other contracting party, mistake as to
identity of 126 –30
out of court settlements 59
ownership of goods
common mistake as to 125
sale by a person who is not the
owner 213 –19
Sale of Goods Act (1979)
passing of ownership 182– 95
seller’s reservation of title 211–13paid-up share capital 304
parental leave, and time off for
dependants 362
parents, flexible working for 362–3
part-time workers 389, 390
Part-Time Workers Regulations (2000)
389, 390
partial performance, discharge of
contracts 138 –9
partial rejection of goods, Sale of
Goods Act (1979) 202–3
Partnership Act (1890) 7, 30, 329 –30,
331, 336, 344 –5
and LLPs 347
partnerships 7, 329 – 46
admitting a new partner 338
borrowing power 351characteristics of 330 –5
agency 331–5, 350
unlimited liability 330 –1
competing with the firm 342
deeds 336, 337
defining 329 –30
dispute resolution 442
fiduciary duties 341–3
formation 352
goodwill 343
illegal 340
and limited liability 348
limited partners 345 – 6
and LLPs 348
management of 336 – 40, 349 –50
disputes 338 –9
expulsion of partners 339
implied rules 336 –9
numbers of partners 340
names 340 –1
partnership agreements 335
absence of written 336
property 343, 351
publicity 352
and regulated agreements 423
remuneration 338
suing a partnership 345
taxation 353
treating companies as 278 –9
winding up 343 – 5
withdrawal from 350
passing off 435
objections to a company name 290
objections to a partnership name
341
passing of ownership, Sale of Goods
Act (1979) on 186 –9
past consideration 54 –5
patents 423 – 4
Patents Act (1977) 432–3
Paternity and Adoption Leave
Regulations (2002) 361
paternity leave and pay 361
pay
adoption leave and pay 361–2
annual leave 364 –5
compensation for unfair dismissal
371–2
itemised pay statements 358
male/female differences in 388
national minimum wage 381, 383
paternity 361
statutory maternity pay 360 –1
performance
discharge of contractual liability by
137–9and frustration of contract 141–2,
143, 145
impossibility of 141–2
specific performance, as remedy for
breach of contract 154 – 6
performing an existing duty 56 – 8
permission, and trespass to land 255
person, trespass to the 256 –7
personal injuries
damages for 235 – 6
occupiers’ liability for 239 – 40
time limits for claims 268
Personal Protective Equipment at
Work Regulations (1992) 397
personal remedies of sellers, Sale of
Goods Act (1979) 205 –7
pest control 398
place of delivery, Sale of Goods Act
(1979) 196, 199
Police and Criminal Evidence Act
(1984) 257
possibility of performance, common
mistake as to 125
postal rule, and acceptance of contract
42–3, 44, 49
preference shares 304 – 5
pregnancy, and direct discrimination
383
prescription, and nuisance liability
250
prevention of performance, discharge
of contracts 138 –9
price of goods, buyer’s duty to pay
200
principals and agents 160, 163, 167
breach of warranty of authority
169 –70
doctrine of the undisclosed
principal 168, 169
ratification of contracts 163 – 4
rights and duties of the agent
170–6
termination of agency 176 –9
privacy, suing for breach of 435
private companies 273
capital reduction 304
companies 314
directors of 294, 295
formalities 352
and public companies 279 – 80
written resolutions 308 –9
private nuisance 247–51, 256
damage caused by 249
determining 247– 8
liability for 248
remedies 249 –51Z02_MACI4097_03_SE_IDX.QXD 1/31/11 3:01 PM Page 473