Business Law An Active Learning Approach

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

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ISBN: 9780631201830 | 0631201831
Cover: Paperback
Copyright: 3/6/1997

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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.

Guide for Students

xiii

Guide for Lecturers

(1)

Unit 1 The English Legal System

The Nature of Law

(17)

Introduction

(1)

Some social functions of law

(2)

Criminal and civil law

(3)

Common law and equity

(4)

Equitable rights

(2)

Equitable remedies

(1)

Maxims of equity

(1)

Common law damages

(2)

Summary of section one

(1)

Suggested answers to section one self-check questions

(1)

Sources of Law

(24)

Legislation

(4)

Statutory interpretation

(7)

Precedent

(6)

European Union law

(2)

Summary of section two

(1)

Suggested answers to section two self-check questions

(3)

The Courts and Tribunals

(25)

Possible classifications

(2)

The legal process

(1)

Criminal courts

(1)

Indictable offences

(1)

Summary offences

(1)

Offences triable either way

(4)

Civil courts

(9)

Tribunals

(2)

Arbitration

(1)

Mediation

(1)

Summary of section three

(1)

Suggested answers to section three self-check questions

(2)

Legal Personnel and Legal Aid

(34)

Magistrates

(2)

Juries

(4)

Members of tribunals

(1)

The solicitor

(1)

The barrister

(2)

The judges

(4)

Legal aid and other sources of legal assistance

(3)

Summary of section four

(1)

Suggested answers to section four self-check questions

(2)

Unit 1: additional questions

(3)

Additional questions: guidance

(5)

Reading list

(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)

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)

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Business Law An Active Learning Approach

Summary

Author Biography

Table of Contents

Supplemental Materials