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136 pages

English

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This latest publication in the Straightforward Guides Series - A Guide to Business Law - is a comprehensive introduction to the law as it affects the business environment. The areas that affect business specifically are the English Legal system generally, contract law, employment law and company law. Also important is the law of intellectual property.

Informations

Publié par	Straightforward Publishing
Date de parution	25 avril 2014
Nombre de lectures	0
EAN13	9781847164728
Langue	English

Informations légales : prix de location à la page 0,0300€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

A STRAIGHTFORWARD GUIDE TO BUSINESS LAW
Robert Franks
www.straightforwardco.co.uk
Straightforward Guides
Straightforward Publishing 2014
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or other wise, without the prior permission of the copyright holder.
British Cataloguing in Publication data. A catalogue record is available for this book from the British Library.
ISBN 978-1-84716-431-5 ePub: 978-1-84716-472-8 Kindle: 978-1-84716-473-5
Printed in the United Kingdom by Grsovenor Press London
Cover Design by Bookworks Islington
Whilst every effort has been made to ensure that the information in this book is accurate at the time of going to print, the author and publisher recognise that the information can become out of date. The book is therefore sold on the understanding that no responsibility for errors and omissions is assumed and no responsibility is held for the information held within.
CONTENTS
Introduction
Ch.1 BUSINESS LAW-THE LAW OF CONTRACT-GENERAL
1.2 Consideration and contracts
1.3 Terms of contract
1.4. Errors and contracts
1.5 Contracts and illegality
1.6 Duress and undue influence
1.7 Discharge of a contract
1.8 Remedies for breach of contract
Ch.2 BUSINESS LAW-NEGLIGENCE AND DUTY OF CARE-GENERAL
2.2 Negligence-causation and remoteness of damage
2.3. Negligence-employers liability
2.4. Negligence-liability for dangerous or defective products
Ch.3. BUSINESS LAW-EMPLOYMENT LAW EMPLOYMENT CONTRACTS
3.2 Terminating employment
3.3 Discrimination in the workplace
Ch.4. BUSINESS LAW-COMPANY LAW-GENERAL
4.2 The constitution of a company
4.3. Company finance
Ch.5. BUSINESS LAW-INTELLECTUAL PROPERTY-PATENTS
5.2. Trade marks
5.3. Copyright
5.4. Infringement of copyright
5.5. Design law
Index
Introduction
This first edition of a Straightforward Guide to Business Law is a wide ranging introduction to the law and practice as it affects and influences the environment that regulates business in the United Kingdom.
The book is intended for both the student and layperson and will also be suitable for the professional. Each chapter has relevant case law throughout which provides a suitable back drop to the subject matter.
The book begins with contract law, covering consideration and contracts, terms of contract, errors and contracts, contracts and illegality, duress and undue influence, discharge of a contract and remedies for breach of contract.
Negligence and duty of care is then discussed, covering causation, the liability of the employer and liability for dangerous products. Remedies for negligence are also covered.
Employment law is covered, covering a general outline of law plus discrimination and termination of employment. In addition, company law is covered in depth.
Finally, we discuss the all important area of intellectual property. Patents, trade marks, copyright, infringement of copyright plus design law are covered,
All of the main areas that relate to business law in the United Kingdom are covered in depth. the book should prove ideal to all of those who wish to enhance their knowledge of this important area.
Ch. 1
BUSINESS LAW-THE LAW OF CONTRACT
Underpinning all contracts are four main principles:
1) A contract is an agreement between the parties to that contract-one person makes an offer and the other accepts that offer
2) Both parties have an intention to be legally bound by the agreement-this is usually known as an intention to create legal relations
3) Parties to the agreement need to be absolutely clear as to the terms of the agreement - this is the main area of contention with contracts, as we will see laterc4) There must be consideration provided by each of the parties to the contract - this means that one person promises to give or deliver and the other promises to pay. The offer and the payment - either monetary or in kind - is the consideration. When making a contract, or entering into a contract all parties to the contract must have the legal capacity to enter into a contract. Very importantly, a contract, in most cases, does not have to be in writing - a piece of paper is not necessary, the agreement and evidence of that agreement forms the basis of contract. There are a few important exceptions, including contracts relating to interests in land (Law of property (Miscellaneous Provisions) Act 1989, s 2(1)) and consumer credit (Consumer Credit Act 1974).
Other factors affecting formation include:
Form-the way the contract is created (e.g. the sale of land can only be made in the form of a deed) Form is an issue with specialty contracts but not with simple contracts
Privity of contract and the rights of third parties-generally a contract is only enforceable by or against a party to it, subject to exceptions and certain third party rights are now protected in the Contracts (Rights of Third Parties) Act 1999.
The nature of contracts - unilateral and bilateral contracts
The majority of contracts entered into are known as Bilateral contracts. This quite simply means that each party to a contract agrees to take on an obligation. This obligation is underpinned by a promise to give something to the other party. A Unilateral contract will arise where one party to the contract will make a promise to do something (usually to pay a sum of money) if the other party carries out a certain task. Examples of this are where you might undertake to pay someone a sum of money if they shave off their hair for charity or give up smoking. Estate agents enter into unilateral contracts whereby a percentage of sales go to the agent if they sell the property. However, the agent is not legally bound to sell the property, just to try to sell it.
The notion of offer and acceptance
As we have seen, for a contract to have legal status, usually one of the parties to the contract must have made an offer and the other party must have accepted the offer. Once the contract is accepted the agreement will be legally binding. The person making the offer is called the offeror and the person to whom the offer is made is known as the offeree. An offer may be express or implied. Express means that there is an express intention to offer goods and for X to pay an amount for the goods. Implied may mean, for example, when purchasing something from a store. The act of taking goods to a checkout means that there is an implied offer to buy those goods.
When dealing with contracts, or the formation of a contract most offers are made to specific parties. However, offers can also be made to a group of people or to the public at large. One such example is where a reward is offered for information following a crime.
One famous case dealing with offers to the public at large is Carlill v Carbolic Smokeball (1893) the defendants in this case were the manufacturers of smokeballs popular at the time, which they claimed could prevent flu. They published adverts to this effect stating that anyone using their smoke balls and not being cured of flu would receive 100.
One person buying their smokeballs was a Mrs Carlill. It did not work and she claimed the 100. The manufacturers argument was to claim that their advert did not constitute a contract, since it was impossible to contract with the whole wide world. They claimed that they were not legally bound to pay the money. The court, needless to say, rejected this argument, which held that the advert did contract with the world. Mrs Carlill accepted the offer and duly claimed the 100. A contract such as the one above is usually a unilateral contract.
The invitation to treat
Certain kinds of transactions between parties might involve a preliminary stage where one party to the contract invites the other party to make an offer. This preliminary stage is known as invitation to treat .
One such case that demonstrates this is that of Gibson v Manchester City Council (1979). In this case, a council tenant of Manchester City Council expressed an interest in buying their house. The application was duly completed and sent to the council. A letter was received from the council stating that it may be prepared to sell the house to the tenant for 2180. The tenant, Mr Gibson, queried the purchase price pointing out that the path to the house was in bad condition. The council refused to alter the price, stating that the valuation reflected the condition of the property and the current property market. Mr Gibson then wrote asking the council to continue with the sale. Following a change in the control of the council, and a new political approach, it was decided to stop the sale of houses to tenants. Mr Gibson was informed that his application had been declined, notwithstanding the initial offer. Legal proceedings were brought against the council claiming that the letter received by Mr Gibson, with the offer of sale at a price, constituted a contract, and was an offer which he duly accepted. The House of Lords, however, ruled that the council had not made an offer, the letter stating the purchase price was merely one step in the negotiations for a contract and amounted only to an invitation to treat. Its purpose in the first instance was quite simply to invite the making of a formal application, amounting to an offer, from the tenant.
Offers of sale in shops
Goods in shop windows marked with a price are generally regarded as invitations to treat, rather than offers to actually sell the goods at the price displayed. One such case highlighting this is Fisher v Bell (1961) where a shopkeeper was prosecuted under the Offensive Weapons Act 1959 for offering for sale an offensive weapon. The shopkeeper was displaying a flick knife with a price attached in the window. It was held that the display of the flick knife was an invitation to treat, rather than an offer, thus the shopkeeper was found not guilty of the offence.
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