Business Law An Active Learning Approach

by Handley, Peter; Clevinger, Jim; Vaughan, John; Birtwhistle, Tim; Oneill, Tony; Wall, Sue

• ISBN13: 9780631201830
• ISBN10: 0631201831
• Edition: 1st
• Format: Paperback
• Copyright: 1997-03-06
• Publisher: Wiley-Blackwell

Summary

Business Law is part of a new national program of highly developed texts and modules for undergraduate students following business studies prgograms. It provides 100 hours of quality study to be used by students in a supported learning environment.

Author Biography

Peter Handley and Jim Clevinger are Senior Lecturers in the School of Legal Studies at the University of Wolverhampton.

John Vaughan and Tim Birtwhistle are Principal Lecturers in the School of Law, Faculty of Business, at Leeds Metropolitan University.

Tony O'Neill is a Principal Lecturer and Susan Wall is Dean, both at the School of European and International Studies in the Division of Law at Derby University.

Table of Contents

Guide for Students	xiii
Guide for Lecturers	1	(1)
Unit 1 The English Legal System
The Nature of Law	2	(17)
Introduction	2	(1)
Some social functions of law	3	(2)
Criminal and civil law	5	(3)
Common law and equity	8	(4)
Equitable rights	12	(2)
Equitable remedies	14	(1)
Maxims of equity	15	(1)
Common law damages	16	(2)
Summary of section one	18	(1)
Suggested answers to section one self-check questions	18	(1)
Sources of Law	19	(24)
Legislation	20	(4)
Statutory interpretation	24	(7)
Precedent	31	(6)
European Union law	37	(2)
Summary of section two	39	(1)
Suggested answers to section two self-check questions	40	(3)
The Courts and Tribunals	43	(25)
Possible classifications	43	(2)
The legal process	45	(1)
Criminal courts	46	(1)
Indictable offences	47	(1)
Summary offences	48	(1)
Offences triable either way	48	(4)
Civil courts	52	(9)
Tribunals	61	(2)
Arbitration	63	(1)
Mediation	64	(1)
Summary of section three	65	(1)
Suggested answers to section three self-check questions	66	(2)
Legal Personnel and Legal Aid	68	(34)
Magistrates	69	(2)
Juries	71	(4)
Members of tribunals	75	(1)
The solicitor	76	(1)
The barrister	77	(2)
The judges	79	(4)
Legal aid and other sources of legal assistance	83	(3)
Summary of section four	86	(1)
Suggested answers to section four self-check questions	87	(2)
Unit 1: additional questions	89	(3)
Additional questions: guidance	92	(5)
Reading list	97	(3)
Unit 2 Legal Relationships
Introduction to Unit 2	100	(1)
Contract	100	(2)
Liability for Employees and Agents	102	(17)
The employment relationship	102	(1)
Vicarious liability	103	(2)
The contract of employment	105	(2)
Agency	107	(1)
Types of agent and formation	108	(3)
Responsibilities of the parties	111	(3)
Terminating an agency	114	(1)
The commercial agents regulations	115	(1)
Summary of section one	116	(1)
Suggested answers to section one self-check questions	117	(2)
Sole Traders and Partnerships	119	(11)
Business organisations introduced	119	(1)
Sole traders	120	(2)
Partnerships	122	(1)
Liability of partners	122	(3)
The partnership agreement	125	(2)
Ending the partnership	127	(1)
Summary of section two	128	(1)
Suggested answers to section two self-check questions	128	(2)
Forming a Company	130	(19)
Basic principles	131	(1)
Separate legal personality	131	(3)
Company membership and limited liability	134	(1)
Types of company	135	(1)
Forming a company	135	(2)
The constitution: memorandum and articles	137	(1)
The Memorandum of Association	138	(5)
The Articles of Association	143	(1)
Changing the constitution	144	(2)
Summary of section three	146	(1)
Suggested answers to section three self-check questions	147	(2)
Managing the Company	149	(26)
Capital	149	(1)
Shares	150	(2)
Borrowing	152	(4)
Company management	156	(5)
Summary of section four	161	(1)
Suggested answers to section four self-check questions	161	(2)
Unit 2: additional questions	163	(6)
Additional questions: guidance	169	(5)
Unit 3 Business Contracts
Introduction to Unit 3	174	(1)
Making a Contract	175	(24)
What is a contract?	175	(2)
Creating the contract	177	(1)
Agreement -- offer	178	(7)
Concluding the agreement -- acceptance	185	(5)
Intention to create legal relations	190	(1)
Consideration	191	(4)
Summary of section one	195	(1)
Suggested answers to section one self-check questions	196	(3)
What Can Go Wrong During the Making of a Contract	199	(16)
What can go wrong in the making of a contract and how it affects the contract	199	(2)
Lack of certainty	201	(1)
Lack of necessary formality	202	(1)
Lack of capacity	203	(1)
Illegal contracts	204	(4)
Misrepresentation	208	(4)
Summary of section two	212	(1)
Suggested answers to section two self-check questions	213	(2)
Contractual Terms	215	(24)
The contents of a contract	215	(1)
Terms and pre-contractual statements	216	(3)
Contractual terms -- express and implied	219	(6)
Conditions, warranties and innominate terms	225	(3)
Terms which exclude or limit liability	228	(5)
Summary of section three	233	(2)
Suggested answers to section three self-check questions	235	(4)
Discharging a Contract	239	(36)
How contracts come to an end	239	(1)
Discharge by performance	240	(1)
Discharge by agreement	241	(1)
Discharge by breach of contract	241	(2)
Frustration of contracts	243	(1)
Remedies	243	(8)
Summary of section four	251	(1)
Suggested answers to section four self-check questions	252	(2)
Unit 3: additional questions	254	(5)
Additional questions: guidance	259	(12)
Reading list for Unit 3	271	(3)
Unit 4 Non-Contractual Obligations of the Seller/Producer
Introduction to Unit 4	274	(1)
The Duty of Care in Negligence	275	(13)
Negligence: an introduction	275	(2)
The duty of care	277	(3)
Special circumstance	280	(4)
Negligent statements and professional negligence	284	(3)
Summary of section one	287	(1)
Suggested answers to section one self-check questions	287	(1)
Other Aspects of Negligence and Product Liability	288	(19)
Breach of duty	289	(1)
Factors in setting the standard	290	(2)
Proof of breach	292	(1)
Resulting damage	293	(3)
Defences	296	(3)
Remedies	299	(1)
Product liability	300	(4)
Summary of section two	304	(1)
Suggested answers to section two self-check questions	305	(2)
Other Aspects of Tort	307	(8)
Nuisance	307	(2)
The rule in Rylands v Fletcher	309	(1)
Occupier's liability	310	(3)
Summary of section three	313	(1)
Suggested answers to section three self-check questions	313	(2)
Liability in Respect of Employees	315	(27)
Vicarious liability	315	(1)
Liability for employees only	316	(3)
Within the course of employment	319	(3)
Health and safety at work	322	(2)
Making the system work	324	(3)
Summary of section four	327	(1)
Suggested answers to section four self-check questions	327	(8)
Unit 4: additional questions Additional questions: guidance	335	(7)
Unit 5 European Community Law
Introduction to Unit 5	342	(1)
The Development of the European Community	342	(10)
Introduction and history	343	(2)
The Treaty of Rome	345	(1)
The four main institutions	346	(4)
The Treaty of Maastricht	350	(1)
Terminology	350	(1)
Summary of section one	351	(1)
Suggested answers to section one self-check questions	351	(1)
The Functions of the Institutions	352	(6)
The role of the institutions	352	(4)
Inter-relationship of the institutions	356	(1)
Recent changes	357	(1)
Summary of section two	357	(1)
The Sources of European Community Law	358	(10)
Transformation of European Community law into English law	358	(2)
The enacted sources of European Community law	360	(2)
The general principles of EC law	362	(4)
Modes of interpretation	366	(1)
Summary of section three	367	(1)
The Integration of European Community Law at a National Level	368	(11)
Supremacy of European Community law	368	(2)
Direct effect	370	(3)
Indirect effect of EC law	373	(3)
State liability for non-compliance with EC law	376	(2)
Summary of section four	378	(1)
Suggested answer to section four self-check question	378	(1)
Enforcement of European Community Law at a European Level	379	(22)
Introduction	379	(1)
Control of the institutions	379	(7)
The action for failure to act	386	(1)
The plea of illegality	387	(1)
The action for damages	387	(2)
Control of Member States	389	(2)
The preliminary reference procedure	391	(3)
Comment	394	(1)
Summary of section five	395	(1)
Suggested answers to section five self-check questions	395	(1)
Unit 5: additional questions	396	(1)
Additional questions: guidance	397	(4)
Further reading	401