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