PRINCIPLES OF BUSINESS LAW

[Pages:689]Diploma in

Business Administration

Study Manual

PRINCIPLES OF BUSINESS LAW

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ABE Diploma in Business Administration

Study Manual

PRINCIPLES OF BUSINESS LAW

Contents

Study

Title

Unit

Syllabus

1 Nature and Sources of Law Nature of Law Historical Origins Sources of Law The European Community and UK Law: An Overview

2 Common Law, Equity and Statute Law Custom Case Law Nature of Equity Application of Principles of Equity Equity and Common Law Classification of Equity Legal and Equitable Rights Nature of Statute Law Interpretation of Statutes Codification and Consolidation Appraisal of Statute Law Delegated Legislation

3 The Administration of Justice Organisation of the Courts Administrative Justice Public International Law Judges and Juries Organisation and Role of the Legal Profession

4 The Law Relating to Associations The Concept of Corporations Corporations in Law Companies Companies in Law Unincorporated Associations Partnerships

Page

i

1 3 6 9 13

23 25 26 32 34 36 37 38 39 41 44 45 46

49 50 61 64 65 67

75 77 79 81 86 95 96

Contents (Continued)

Study

Title

Unit

5 Contract Law 1: Fundamentals of Contracts and their Creation What is a Contract? The Agreement Classification of Statements and Terms Consideration The Intention to Create Legal Relations Capacity to Contract

6 Contract Law 2: Contract Regulations Privity of Contract Joint Obligations Assignment Mistake Misrepresentation Undue Influence Void and Illegal Contracts

7 Contract Law 3: Performance and Discharge Performance Discharge by Agreement Discharge by Breach Discharge by Frustration Remedies for Breach of Contract

8 The Sale of Goods 1: The Contract, Property and Title Sale of Goods Distinction between Sale and Other Supply Contracts Formation of Contract of Sale Passing of Property Transfer of Title by Non-Owners

9 The Sale of Goods 2: Terms and Conditions Risk Frustration Delivery Acceptance and Payment Statements Relating to Goods Statutory Implied Terms as to Description and Quality Exemption Clauses

Page

103 105 109 116 119 127 129

133 135 140 141 144 151 153 157

167 169 172 174 176 182

191 193 196 198 201 213

217 219 221 223 227 229 232 239

Contents (Continued)

Study

Title

Unit

10 The Sales of Goods 3: Disputes and Remedies Remedies of the Seller Remedies of the Buyer Supply of Goods and Services Act 1982 Role of the Commercial Court Resolution by Arbitration Rules for the Conduct of Arbitration Arbitration Proceedings Rights and Duties of Arbitrator Arbitration Awards

11 Law of Agency 1: Agency Agreements and Agents General Nature of Agency How Agency Arises Ratification Categories of Agents Duties of Agents to their Principals Rights of Agents against Principals Commercial Agents (Council Directive) Regulations 1993

12 Law of Agency 2: Authority, Liability and Termination Authority of Agents Delegation of Authority Rights and Liabilities of Principal to Third Parties Liability of Principal for Wrongs of Agent Relations between Agents and Third Parties Termination of Agency

13 Employment Law 1: The Contract of Employment Distinction between Independent Contractor and Employee Other Categories The Need to Distinguish between Categories Contract of Employment Equal Pay Other Terms and Conditions

Page

247 249 257 259 260 261 263 266 266 269

271 273 275 278 281 284 290 294

297 299 303 304 305 307 311

315 317 320 322 323 327 329

Contents (Continued)

Study

Title

Unit

14 Employment Law 2: Termination of the Contract, Discrimination and Tribunals Notice Written Statement of Reasons for Dismissal Constructive Dismissal Redundancy Unfair Dismissal Employment Tribunals Race Relations Act 1976 Sex Discrimination Acts 1975 & 1986 Disability Discrimination Act 1995 Health and Safety at Work Act 1974

15 Principles of Consumer Credit Hire Purchase Consumer Credit Act 1974 The Consumer Credit Agreement Withdrawal and Cancellation Rights during the Currency of the Agreement Obligations of the Creditor in relation to the Quality (etc.) of the Goods

16 Consumer Protection Introduction Trade Descriptions Act 1968 Fair Trading Act 1973 Consumer Safety The Role of Local Government Manufacturers and Product Liability under the Law of Tort

17 Negotiable Instruments 1: Bills of Exchange Introduction Characteristics of a Bill of Exchange Acceptance Transfer of Bills of Exchange Inland and Foreign Bills Methods of Discharge Liability of Parties on the Bill Release from Liability Liability "outside" the Bill Forgeries Dishonour of a Bill Consequences of Dishonour Incomplete Bills and Alterations

Page

335

337 338 338 339 341 344 347 351 355 358

363 364 364 371 373 375 378

381 382 382 386 389 393 394

399 401 401 404 407 410 411 412 416 417 417 419 421 423

Contents (Continued)

Study

Title

Unit

18 Negotiable Instruments 2: Cheques Introduction The Nature of a Cheque Banker/Customer Relationship Crossing a Cheque Special Protection of Paying Banker Special Protection of Collecting Banker Promissory Notes

Page

427 429 429 431 434 436 439 440

i

Diploma in Business Administration ? Part 2

Principles of Business Law

Syllabus

Aims 1. Acquire an understanding of the principles of Common Law system within the students' own

legal system and how it affects their business life. 2. Acquire a knowledge of the legal environment in which businesses operate in the domestic and

international market place. 3. Acquire an understanding and practical application of the principles and concepts of the system

of justice within the business community. 4. Acquire an understanding of the principles and practical implications of the law of business. 5. Acquire an understanding and practical application of the principles and concepts of the law of

contract. 6. Acquire an understanding and practical application of the principles and concepts of the law for

the protection of the customer and final consumer. 7. Acquire an understanding and practical application of the principles and concepts of the law of

employment and industrial relations. 8. Acquire an understanding and practical application of the principles and concepts of the law of

tort as it applies to the world of business.

Programme Content and Learning Objectives

After completing the programme, the student should be able to: 1. Comment on the basic elements of the Common Law system and the language it uses

within a domestic and international market ! sources of law ? common law and equity; statutes and delegated legislation and statutory

interpretation ! recognise the differences between civil (in the Common Law sense) and criminal law;

comment on the differences between contract and tort 2. Comment on the administration of the law

! the court system ! alternative dispute resolution ! discuss the personnel of the law ? judges, barristers, solicitors, legal executives, para-

legals 3. Comment on the application of the courts' decisions

! apply case law ! able to cite facts and ratios and where possible contrasting cases ! extrapolate from decisions into hypothetical situations

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