Essentials of business law.

544 Pages·2018·9.914 MB·English

by  Ewan MacIntyre

ESSENTIALS OF
BUSINESS LAW
SIXTH EDITION
EWAN MACINTYRE
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Essentials of
Business Law
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Essentials of
Business Law
Sixth Edition
Ewan MacIntyre
Senior Lecturer
Nottingham Law School
Nottingham Trent University
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First published 2007 (print)
Second edition published 2009 (print)
Third edition published 2011 (print)
Fourth edition published 2013 (print and electronic)
Fifth edition published 2015 (print and electronic)
Sixth edition published 2018 (print and electronic)
© Pearson Education Limited 2007, 2009, 2011 (print)
© Pearson Education Limited 2013, 2015, 2018 (print and electronic)
The right of Ewan MacIntyre to be identified as author of this work has been asserted by
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ISBN: 978-1-292-14721-5 (print)
978-1-292-16536-3 (PDF)
978-1-292-16537-0 (ePub)
British Library Cataloguing-in-Publication Data
A catalogue record for the print edition is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: MacIntyre, Ewan, author.
Title: Essentials of business law / Ewan MacIntyre, Senior Lecturer,
Nottingham Law School, Nottingham Trent University.
Description: Sixth edition. | Harlow, United Kingdom ; New York : Pearson,
2018. | Includes index.
Identifiers: LCCN 2017060646 | ISBN 9781292147215 (print) | ISBN 9781292165363
(PDF) | ISBN 9781292165370 (ePub)
Subjects: LCSH: Commercial law—England.
Classification: LCC KD1629.6 .M33 2018 | DDC 346.4207—dc23
LC record available at https://lccn.loc.gov/2017060646
10 9 8 7 6 5 4 3 2 1
22 21 20 19 18
Print edition typeset in 9.5/12 pt Charter ITC Std by iEnergizer Aptara®, Ltd.
Printed in Slovakia by Neografia
NOTE THAT ANY PAGE CROSS REFERENCES REFER TO THE PRINT EDITION
Brief contents
Preface xv
Table of cases xvii
Table of statutes xxvi
Table of statutory instruments xxxii
Table of European legislation xxxv
Study skills 1
1 The legal system 7
2 Making a contract 37
3 The terms of the contract 73
4 Misrepresentation, mistake, duress and illegality 117
5 Discharge of contracts and remedies for breach 143
6 Agency 168
7 The Sale of Goods Act 1979 191
8 The tort of negligence 232
9 Nuisance, trespass, defamation and vicarious liability 256
10 Companies (1): Characteristics and formation 284
11 Companies (2): Management, control and winding up 307
12 Partnership, limited liability partnership and choice of legal status 342
13 Employment (1): The contract of employment, employment rights
and dismissal 370
14 Employment (2): Discrimination and health and safety 394
15 Regulation of business by the criminal law 418
16 Credit transactions and intellectual property rights 437
17 The resolution of business disputes 457
Glossary 471
Index 486

Contents
Preface xv The judiciary 33
Table of cases xvii
Judicial review 34
Table of statutes xxvi
Juries 34
Table of statutory instruments xxxii
Table of European legislation xxxv Essential points 35
Practice questions 36
Task 1 36
Study skills 1
Get organised from the start 1
2 Making a contract 37
Take advantage of what your lecturer
Definition of a contract 37
tells you 1
After the lecture/tutorial 1 Offer 37
Answering questions 2 Invitation to treat 38
Using cases and statutes 6 Offer of a unilateral contract 39
Goods in shops 40
1 The legal system 7 Acceptance 41
Introduction 7 The postal rule 42
Sources of law 8 Acceptance of the offer of a
Legislation 8 unilateral contract 43
Rules of statutory interpretation 9 Counter offer 44
Auctions 44
Judicial precedent 11
Tenders 45
The hierarchy of the courts 11
Certainty of agreement 45
The binding part of a case 12
Offer and acceptance when
European Union law 15
dealing with machines 47
The institutions of the EU 17
Offer and acceptance made over
Sources of EU law 20
the Internet 47
Supremacy of EU law 22
Termination of offers 48
The Human Rights Act 1998 24
Subject to contract 50
Civil law and criminal law 26 Condition not fulfilled 50
Common law and equity 28 Battle of the forms 50
Features of the English legal system 29 Intention to create legal relations 51
Antiquity and continuity 29 Agreements made in a business or
The adversarial system of trial 29 commercial context 52
Absence of a legal code 30 Agreements made in a social or
The law-making role of the judges 30 domestic context 52
Importance of procedure 30 Consideration 53
Absence of Roman law 30 Executed, executory and past
Other features 31 consideration 54
The legal profession 31 Sufficiency and adequacy 55
The Legal Services Act 2007 32 Performing an existing duty 55
viii Contents
Settling out of court 59 The status of the statutory
Part payment of a debt 59 implied terms 94
Promissory estoppel 61 The Consumer Rights Act 2015 95
Privity of contract 63 Exclusion clauses 104
The Contracts (Rights of Third Is the exclusion clause a term of the
Parties) Act 1999 65 contract? 104
Does the exclusion clause cover
Formalities 67
the breach which occurred? 106
Contracts which must be made
by a deed 67 The Unfair Contract Terms Act 1977 106
Contracts which must be in writing 68 Contracts covered by the Act 107
Contracts which must be evidenced The effect of the Act 107
in writing 68 Essential points 113
Minors 68 Practice questions 114
Valid contracts 68 Task 3 115
Voidable contracts 69
Void contracts 69 4 Misrepresentation,
mistake, duress and
Essential points 69
Practice questions 70 illegality 117
Task 2 72 The difference between terms
and representations 117
3 The terms of the contract 73 Written contracts 117
Oral contracts 118
Nature of terms 73
Express terms 74 Actionable misrepresentation 121
Terms implied by the courts 74 Definition of a misrepresentation 121
Remedies for misrepresentation 125
Types of terms 75
Conditions and warranties 75 Mistake 130
Innominate terms 76 Common mistake 130
Unilateral mistake 133
Terms implied by statute 77
Duress and undue influence 137
The Sale of Goods Act 1979 78
Duress 137
Scope of the Sale of Goods
Undue influence 138
Act 1979 78
The terms implied by the Sale Illegal contracts 139
of Goods Act 1979 79 Contracts which contravene
The right to sell (s. 12(1)) 80 public policy 140
Correspondence with description Essential points 140
(s. 13(1)) 81 Practice questions 141
Quality and fitness in business Task 4 142
sales (s. 14) 83
Fitness for purpose (s. 14(3)) 87 5 Discharge of contracts and
Sale by sample (s. 15) 90 remedies for breach 143
The Supply of Goods (Implied Terms)
Discharge of contractual liability 143
Act 1973 90
Discharge by performance of
The Supply of Goods and Services the contract 143
Act 1982 91 Discharge by agreement 146
Part I of the Act 91 Discharge by frustration 147
Part II of the Act 92 Rules about frustration 148