474 Indexprivatised companies, and limited
liability 275
privity of contract 63 – 6
problem questions 3 – 6
procedure, and the legal system 30
proceeds of sale claims, ROT clauses
212
product liability
Consumer Protection Act (1987)
240 –5
for unsafe products 411–13
professional diligence, and unfair
commercial practices 402–3
profit and loss accounts 316
profits
duty of agency and secret profits
172
and partnerships 338, 342
prohibited acts, vicarious liability for
267
prohibited names of companies 289
promissory estoppel 60 –2
promoters, and company registration
281
property
legal concepts of 429
property ownership of companies
276
see alsobusiness property
proposed transactions, declaring of
interest 300 –1
Provision and Use of Work
Equipment Regulations (1998)
397
psychiatric injury as a result of
negligence 227– 8
public companies
AGMs of 305 – 6
companies 314
directors of 294, 316
and private companies 279 – 80
resolutions 308
public nuisance 251–3, 256
public policy, contracts which
contravene 133
purpositive approach to statutory
interpretation 9–10QCs (Queen’s Counsel) 31
qualified privilege, and defamation
260
quality
common mistake as to 125
and fitness in business sales, Sale of
Goods Act (1979) 77, 81– 6
quantum meruitpayments 139, 157race discrimination in employment
381–2, 383
Race Relations Act (1976) 380
radical difference, and frustration of
contract 142
radio decidendiof a case 12–15
ratification, authority of agent 163 – 4,
166
real remedies of unpaid sellers, Sale of
Goods Act (1979) 207–10
reasonable care and skill, implied
terms of contract 91–2
reasonable price, implied terms of
contract 92
reasonable time of performance,
implied terms of contract 92
reasonableness, meaning of, Unfair
Contract Terms Act (1977)
103 –5
rectification, for breach of contract 157
redundancy 368, 372, 375 –7
and age discrimination 381
consultation on 377
Employment Rights Act (1996) 375
payments 376
referential tenders 46
refusal of offers 50
refusal to perform the contract 150
Registrar of Companies 290 –1, 303 – 4,
314, 315, 317
registration of charges 321
Rehabilitation of Offenders Act (1974)
391
religion, protected characteristic of
382
repair/replacement of goods,
consumer rights 94– 5
representations
and misrepresentations 114 –23
and terms 110 –13
repudiation of contract 146
resale of goods, seller’s right of 208,
210
rescind, right to 120 –3
reservation of title (ROT) by seller
211–13
resolutions (companies) 307–9
and minority shareholders 309
unanimous informal consent of
members 309
written 308 –9, 317
rest periods at work 364
restraint of trade, agreements in 133
retirement
and age discrimination 381
and unfair dismissal 366, 368the Revenue, contracts to defraud 123
revocations 49 –50
rights
of agents 173 – 6
human rights 17, 24 –5, 435
infringement of personal rights, of a
company member 313 –14
right to rescind in misrepresentation
120 –3
right to sell, implied terms of
contract 77, 78 –9, 90
right to sue
for injuries by a product 240
for price 205 – 6
Sale of Goods Act (1979)
buyer’s remedies 200 – 4
seller’s remedies 204 –10
risk, passing of, Sale of Goods Act
(1979) 189 –90
risk-taking by one party, and
frustration of contract 143
Roman law 30
ROT (reservation of title) by seller
211–13
Ryland vFletcher rule (tort of strict
liability) 252– 4
nuisance and trespass to land 255 – 6sale by sample, Sale of Goods Act
(1979) 78, 88 –9
Sale of Goods Act (1979) 7, 182–222
additional rights of consumers
94 – 6, 204
buyers
duties of 195, 200
remedies 200 – 4
and common mistake 123 –5
and contracts made by minors 68
implied terms of contract 76 – 89, 90,
92–3
correspondence with description
77, 79 –81
fitness for purpose 78, 86 – 8
quality and fitness in business
sales 77, 81–6
right to sell 77, 78 –9
sale by sample 78, 88 –9
status of 92–3
and liability in contract 223 – 4
meaning of goods 77
and misrepresentation 121–2
ownership
passing of 182–95
reservation of title of 211–13
sale by a person who is not the
owner 213–19Z02_MACI4097_03_SE_IDX.QXD 1/31/11 3:01 PM Page 474