keenan and riches’ businesslaw
TRANSCRIPT
Sarah Riches & Vida Allen
eleventh edition
BUSINESS LAW
Keenan and Riches’
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Riches & A
llen
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Also available:
Smith and Keenan’s
LAW FOR BUSINESS
Smith and Keenan’s
ENGLISH LAW
TEXT AND CASES
Smith and Keenan’s
COMPANY LAW
Smith and Keenan’s
COMPANY LAW
WITH SCOTTISH SUPPLEMENT
Keenan and Riches' Business Law11th edn PDF eBook
Table of Contents
Cover
Contents
Guided tour
Preface
Legal study skills
Case names, citations and law report abbreviations
Acknowledgements
Table of cases
Table of statutes
Table of statutory instruments
Table of European and other legislation
Part 1 INTRODUCTION TO LAWChapter 1 The nature of law
Learning objectives
Classification of law
The common law
Equity
Some basic principles of legal liability
Law of property
Self-test questions/activities
Specimen examination questions
Website references
Chapter 2 Law makingLearning objectives
Causes of legal change
Legal change and the changing world
Law reform
The sources of legal change
Law-making processes
Legislation
Case law (judicial precedent)
European Community law
Human rights
Self-test questions/activities
Specimen examination questions
Website references
Table of Contents
Chapter 3 Resolving disputesLearning objectives
Legal services
The legal profession
Other legal personnel
Other sources of information and advice
Methods of dispute settlement: the courts
Criminal courts
Civil courts
Other important courts
Tribunals
Alternative dispute resolution
Ombudsmen
Regulators
Self-test questions/activities
Specimen examination questions
Website references
Part 2 BUSINESS ORGANISATIONSChapter 4 An introduction to types of business organisation
Learning objectives
Classification of business organisations and liability of the proprietors
Natural and juristic persons
Survey of types of business organisation: advantages and disadvantages
Commencement of business
Raising business finance generally
Raising business finance securities
Charges
Guarantees
Mortgages
Mortgages of personal property
Mortgages of choses in action
Publicity and external control of the undertaking
Taxation and national insurance
Crimes relevant to business
Self-test questions/activities
Specimen examination questions
Website references
Chapter 5 Non-corporate organisations sole traders and partnershipsLearning objectives
The sole trader
Formation of the business
Table of Contents
Dissolution
Debt recovery
Bankruptcy procedure generally
The petition
Schemes of arrangement under the Deeds of Arrangement Act 1914
Debt relief orders
The interim order and voluntary arrangement under the Insolvency Act 1986
The effect of a bankruptcy order generally
Committee of creditors
The public examination
The family home
Proof of debt
Mutual dealings set off
Carrying on the business and disclaimer
Transactions at an undervalue and preferences
Payment of the creditors preferential payments
Protection of employees
Trade creditors
Deferred creditors
Discharge of the bankrupt
The ordinary partnership
Definition and nature of a partnership
The sharing of profits as evidence of partnership
Types of partner
Membership of the firm
The firm and the firm name
The relationship between partners and outsiders
Partners powers
Liability of incoming and outgoing partners
Relationship of partners within the partnership
Dissolution
Ordinary limited partnerships
Limited liability partnerships
Reform: a partnership with legal personality
Model form of ordinary (or unlimited) partnership deed
Self-test questions/activities
Specimen examination questions
Website references
Chapter 6 CompaniesLearning objectives
Types of registered companies
Public and private companies
Table of Contents
Formation
Pre-incorporation contracts
The companys constitution
Articles of association
Financing the company
The issue of shares and debentures
Procedures for issuing shares to the public
Regulation of the securities market and of admission to it
Offers of unlisted securities
The remedy of rescission
Membership
Meetings, resolutions and annual return
Protection of minority interests
Directors and secretary
Powers of directors
Duties of directors
Company insolvency and corporate rescue
Liquidation
Alternatives to liquidation: company rescue procedures
Administration
Voluntary arrangements
Self-test questions/activities
Specimen examination questions
Website references
Part 3 Business transactionsChapter 7 Forming business contracts
Learning objectives
Business contracting generally
Nature of a contract
Types of contract
Essentials of a valid contract
Agreement
Consideration
Privity of contract
Intention
Form
Capacity
Genuineness of consent
Mistake
Misrepresentation
Duress and undue influence
Table of Contents
Legality
Competition policy
Self-test questions/activities
Specimen examination questions
Website references
Chapter 8 The terms of business contractsLearning objectives
Certainty of terms
Puffs, representations and terms
Types of contractual terms
Express and implied terms
Standard form contracts
Exemption clauses
Unfair Contract Terms Act 1977
Unfair Terms in Consumer Contracts Regulations 1999
No refunds signs and notices
Reform
Self-test questions/activities
Specimen examination questions
Website references
Chapter 9 Ending business contractsLearning objectives
Discharge of contracts
Remedies
Limitation of actions
Self-test questions/activities
Specimen examination question
Website references
Chapter 10 Law of agencyLearning objectives
Contracts of agency
Types of agent
Actual express, actual implied and apparent (ostensible) authority
Rights of the third parties
Formation of agency
The duties of the principal and agent
Termination of agency
Self-test questions/activities
Specimen examination questions
Website references
Chapter 11 Contracts for the supply of goods and services
Table of Contents
Learning objectives
Contracts for the supply of goods
Sale of goods
Definition
Formation
The implied terms
Transfer of property in the goods
Sale by a person who is not the owner
Performance of the contract
Remedies
Supply of goods and services
Implied terms in contracts for the supply of goods (Part I)
Implied terms in contracts for the supply of services (Part II)
Manufacturers liability in contract
Reform and guarantees
Self-test questions/activities
Specimen examination questions
Website references
Chapter 12 Business and the law of tortLearning objectives
Tortious liability
Basis of tortious liability
Proof of damage
Causation
Specific torts relevant to business
Defective goods
Defective services generally
Lawyers
Expert witnesses
Accountants and auditors
Valuers and surveyors
Other torts relevant to business
Defences
Remedies
Limitation of actions
Self-test questions/activities
Specimen examination questions
Website references
Chapter 13 CreditLearning objectives
Types of credit
Consumer Credit Act 1974
Table of Contents
Agreements covered by the Act
Licensing of credit and hire businesses
Seeking business
Signing credit agreements (the Agreements Regulations)
Cancellation (ss 66A and 67)
Credit reference agencies
Credit intermediaries (s 160A)
Liability of the supplier and creditor
Termination and default
Self-test questions/activities
Specimen examination questions
Website references
Chapter 14 Consumer protectionLearning objectives
Who is a consumer?
Why do consumers need protection?
Consumer protection institutions
Different approaches to consumer protection
Unfair commercial practices
Product safety
Safety and quality of food
Other criminal liability for the supply of goods and services
Administrative controls
Business self-regulation
Consumer protection case study package holidays
Enforcing consumer rights
Self-test questions/activities
Specimen examination questions
Website references
Part 4 BUSINESS RESOURCESChapter 15 Business property
Learning objectives
Generally
Fixtures and fittings
The lease
Pure personalty and chattels real
Pure personalty choses in possession and choses in action
Easements and profits
Securities
A licence
Access to land
Table of Contents
Restrictive covenants
Legal estates in land
The rights and duties of an occupier of land
Intellectual property and its protection
Data protection
Computer misuse
Freedom of information
Self-test questions/activities
Specimen examination questions
Website references
Chapter 16 Employing labourLearning objectives
Employer and employee
Independent contractors self-employment
The contract of employment
The contract of employment: special situations
Rights and duties of the parties to the contract
Health and safety at work
Discrimination and the Equality Act 2010
Disability discrimination
Termination of the contract of employment
Discriminatory dismissal
Redundancy
Other methods of termination of the contract of service
Rights and remedies on dismissal
Self-test questions/activities
Specimen examination questions
Website references
Index