Business Law 8e

Keith Abbott, Solicitor, educational consultant and registered inspector
Norman Pendlebury, Southampton Institute of Higher Education
Kevin Wardman, Liverpool John Moores University
ISBN-13: 9781844804610
ISBN: 1844804615

[Purchase this ebook]

Since its first edition, the main purpose of this book has been to fulfil the needs of students taking any introductory law course. It is therefore widely used on, for example, Association of Accounting Technicians (AAT), Institute of Legal Executives (ILEX) and Institute of Credit Management (ICM) courses. It is also very relevant for the GNVQ Business Law option, undergraduate business and business-related courses such as accounting, and professional courses such as those offered by the ACCA, CIMA, and ICSA. It offers a straightforward exposition of the law, and is examination oriented, with Coursework Questions at the end of each Part of the book (answers are provided at the end of the book). There are chapters on examination technique and learning law at the beginning of the book.The bulk of the text is devoted to the presentation of legal rules in a straightforward style and format which will help students understand the subject, assimilate the necessary facts and achieve success in examinations. In addition there are introductory chapters on Learning Methods and Examination Technique and 60 past examination questions with suggested answers. There is also an Appendix of questions without answers. Lecturers who recommend the book as a course text may obtain answers to these questions free of charge from the publishers.

Chapter Abstracts

• Ch. 1. Methods of Learning  [Purchase this echapter]
  Chapter One covers methods of learning and outlines the various resources available to a student, explains the essential requirements necessary to pass a law examination, gives advice on the approach to learning, suggests methods of using the resources to achieve the requirements, how to use lectures and lecture notes, both written and taped, textbooks, past (exam) questions, suggested answers to past questions, discussions with fellow students and arranged visits as well as the mental approach, physical approach, timetabling, when to work, self-testing, the usefulness of individual resources for learning and mnemonics.
• Ch. 2. Examination Technique  [Purchase this echapter]
  Chapter Two covers examination technique: 'golden rules', useful hints, why it is important to answer all parts of all questions and never leave the examination before the end, time allocation, the first five questions, the choice and order of questions; style and structure including why not to start with a conclusion or write a contradictory conclusion, the importance of format, balance and meaning; and content including names, dates, facts of cases and how to steer clear of jargon and Latin phrases.
• Ch. 3. Introduction  [Purchase this echapter]
  Chapter Three covers the nature of law: law and morality, law and justice; the characteristics of English law including continuity, absence of codification, the system of precedent, the judiciary, common law and equity and the accusatorial procedure; and civil and criminal law, the title of cases including criminal, civil and appeal cases.
• Ch. 4. The Main Sources of English Law  [Purchase this echapter]
  Chapter Four covers the four sources of English law: custom, judicial precedent, legislation, and European law; other meanings attributed to the term 'sources of law' including the literary source, the formal source and the historical sources; custom including uses of the word 'custom', local custom and proof of existence of a local custom; judicial precedent including the history of judicial precedent, outline of the doctrine, the ratio decidendi, the hierarchy of the courts, persuasive precedents, overruling and reversing distinguishing, reconciling and disapproving, advantages and disadvantages of precedent, the importance of precedent today and law reporting; legislation including the need for statutory interpretation, judicial approaches to interpretation, further rules of interpretation, statutory interpretation and judicial precedent, delegated legislation; and the legislation of the European Union including the sources of EC law, acceptance of EU law by the UK and the European convention on human rights.
• Ch. 5. The Subsidiary Sources of Law  [Purchase this echapter]
  Chapter Five covers the subsidiary sources of law: the law reports, the history of law reporting, law reporting and judicial precedent; law merchant including courts administering law merchant, the content of the law merchant; canon law; Roman law; and text books and the law commission.
• Ch. 6. English Legal History  [Purchase this echapter]
  Chapter Six covers English legal history: the origins of the common law including the evolution of the writ system and the statute of Gloucester 1278; the courts of the common law including the Curia Regis (King's Court), the court of Exchequer, the court of common pleas and the court of the King's bench, assizes and itinerant justices, quarter sessions and justices of the peace and the General Eyre; the origins of equity; the court of chancery including the maxims of equity, the achievements of the court of Chancery, the defects of the court of Chancery; common law and equity including similarities between common law and equity, differences between common law and equity; and the reforms of 1873 - 1875.
• Ch. 7. The Courts  [Purchase this echapter]
  Chapter Seven covers the courts: the court structure including the structure of the civil courts and the criminal courts; magistrates courts including composition, criminal jurisdiction, transfer procedure, family proceedings courts and youth courts, civil jurisdiction, domestic courts, advantages and disadvantages of lay magistrates, the crown court including creation, judges, criminal jurisdiction and the jury; county courts including jurisdiction, composition, small claims and the Woolf reforms; the high court including creation and composition, the Queen's bench division, the chancery division, the family division, the restrictive practices court; and the court of appeal and the House of Lords.
• Ch. 8. Tribunals and Arbritration  [Purchase this echapter]
  Chapter Eight covers tribunals and arbitration including statutory tribunals, tribunals of inquiry, local statutory inquiries, the criminal injuries compensation board, control by the courts, advantages and disadvantages of tribunals; alternative dispute resolution including procedure, other forms of ADR, appointment of arbitrators, appeal and enforcement, ombudsmen and regulators.
• Ch. 9. The Personnel of the Law  [Purchase this echapter]
  Chapter Nine covers solicitors: the provision of legal services, functions of solicitors, the law society and legal executives; barristers: functions of barristers, liability of barristers, the bar council and fusion of the legal profession; ministers of the Crown; judges: appointment, constitutional position and the function of judges; juries: the history of the jury, the present day jury, criticisms of the jury and defence of the jury.
• Ch. 10. Procedure and Evidence  [Purchase this echapter]
  Chapter Ten covers basic rules, procedures and terminology including encouragement of settlement, summary procedure, commencement of proceedings, statement of case, default judgements, summary judgements, procedure from close of pleadings to trial, payments into court, trial and enforcement of the judgement.
• Ch. 11. The Law of Persons  [Purchase this echapter]
  Chapter Eleven covers the law of persons: natural persons, husband and wife, consequences of marriage, dissolution of marriage; minors including emergency protection order, removing the child from its parents and child assessment order; and nationality, domicile and residence.
• Ch. 12. Property Law  [Purchase this echapter]
  Chapter Twelve covers property law: classification, legal estates and legal interests including fee simple absolute in possession, a term of years absolute, The Law of Property 1925; equitable interests; ownership and possessions including the definition of ownership; and the assignment of choices in action including easements and profits, assignments at law and assignments in equity.
• Ch. 13. The Formation of a Contract  [Purchase this echapter]
  Chapter Thirteen covers the formation of a contract: the concept of a contract including essential elements and validity in relation to capacity, form, content, genuine consent and illegality; the formation of a contract including offer, definition, invitations to treat and termination of offer; acceptance including what amounts to acceptance, general rules regarding the communication of acceptance, exceptions regarding the communication of acceptance; consideration including definition, executory, executed and past consideration, why 'consideration must move from the promisee', why consideration must be of some value, equitable estoppel, consideration and existing duties and the modern approach; and intention to create legal relations including commercial agreements and domestic agreements.
• Ch. 14. Capacity to Contract  [Purchase this echapter]
  Chapter Fourteen covers capacity to contract, minors, contracts for necessaries, contracts of service, voidable contracts, purchase of non-necessary goods, loans and guarantees, liability in tort, the effect of equity on minors' contracts and mental disorder, drunkenness and corporations.
• Ch. 15. Forms of Contracts  [Purchase this echapter]
  Chapter Fifteen covers forms of contracts including contracts which must be by deed, contracts which must be in writing and contracts which must be evidenced in writing and electronic communications.
• Ch. 16. The Contents of Contracts  [Purchase this echapter]
  Chapter Sixteen covers the contents of contracts: express terms, including contract terms and representations, conditions and warranties, incomplete contracts, standard form contracts; implied terms including custom, the courts, or by statute; and exemption clauses, limitations on the use of exemption clauses, The Unfair Terms Act 1977, the requirement of reasonableness and the end of fundamental breach.
• Ch. 17. Vitiating Factors  [Purchase this echapter]
  Chapter Seventeen covers vitiating factors which affect the validity of an otherwise effective contract: mistake including common law, equity and non est factum; misrepresentation, fraudulent misrepresentation, innocent misrepresentation, negligent misrepresentation, bars to rescission, exempting liability for misrepresentation and trade descriptions; duress and undue influence including duress and undue influence; and illigality including classification, contracts involving the commission of a legal wrong, contracts illegal by statute, contracts in contravention of public policy and restraint of trade and consequences of illegality.
• Ch. 18. Discharge of Contracts  [Purchase this echapter]
  Chapter Eighteen covers discharge of contracts including general rules and exceptions for performance, tender of performance, agreement including bilateral discharge; frustration including the basis of the doctrine, unilateral discharge, the application of the doctrine, the limits to the doctrine, the effect of frustration; and breach including the four ways by which the rights and obligations of the parties may come to an end - performance, agreement, frustration and breach including effect of breach, affirmation of the breach, termination, anticipatory breach and instalment contracts.
• Ch. 19. Remedies for Breach of Contract  [Purchase this echapter]
  Chapter Nineteen covers remedies for breach of contract: damages, including remoteness of damage, measure of damages, mitigation, liquidated damages and penalties; other common law remedies including action for an agreed sum and quantum meruit; equitable remedies including specific performance and injunction; and limitation of actions.
• Ch. 20. Privity of Contract  [Purchase this echapter]
  Chapter Twenty covers privity of contract, the basic rule including statutory exceptions, equitable exceptions, covenants assignments, resale price agreements and collateral contracts.
• Ch. 21. The Nature of a Tort  [Purchase this echapter]
  Chapter Twenty One covers the nature of a tort, how to distinguish a tort from a breach of contract, a breach of trust and a crime; and malice in tort.
• Ch. 22. General Defences  [Purchase this echapter]
  Chapter Twenty Two covers general defences: volenti non fit injuria (consent), the meaning of 'consent', rescue cases; remoteness of damage, including causation and remoteness, the test for remoteness, novus actus interveniens; and other general defences, including mistake, inevitable accident, act of god, self-defence, necessity and statutory authority.
• Ch. 23. Capacity  [Purchase this echapter]
  Chapter Twenty Three covers capacity including parties to whom special rules apply, the Crown, the post office, minors, husband and wife, corporations, unincorporated organisations, judicial immunity, executors and joint tortfeasors; and vicarious liability including liability for the torts of independent contractors and liability for the torts of servants.
• Ch. 24. Negligence  [Purchase this echapter]
  Chapter Twenty Four covers negligence, the duty of care including the neighbour test, economic loss, negligent statements and nervous shock; the standard of care, including res ipsa loquitur; damage; contributory negligence; and occupiers' liability to lawful visitors and occupiers' liability to trespassers.
• Ch. 25. Strict Liability  [Purchase this echapter]
  Chapter Twenty Five covers strict liability by covering two tort cases: the tort of 'Rylands v Fletcher' and 'Breach of Statutory Duty' as well as the strict liability and criminal liability imposed by The Consumer Protection Act 1987.
• Ch. 26. Nuisance  [Purchase this echapter]
  Chapter Twenty Six covers nuisance, persons who can sue, persons who can be sued, defences, ineffective defences, abatement of nuisances, public nuisance, highway nuisances and remedies.
• Ch. 27. Trespass and Conversion  [Purchase this echapter]
  Chapter Twenty Seven covers trespass: definition, assault, battery, false imprisonment, justification of trespass to the person; trespass to land: possession, interference, defences, remedies, criminal liability and trespass to goods; and conversion including the wrongful act and the plaintiff's rights.
• Ch. 28. Defamation  [Purchase this echapter]
  Chapter Twenty Eight covers defamation: distinctions between libel and slander, the meaning of 'defamatory', reference to the plaintiff, publication by the defendant, defences and mitigation.
• Ch. 29. Remedies and Limitation Periods  [Purchase this echapter]
  Chapter Twenty Nine covers remedies: damages, compensatory damages, nominal damages, exemplary damages, injunction, other remedies; and limitation periods including the point when time starts to run and discretion to exclude time limits.
• Ch. 30. Agency  [Purchase this echapter]
  Chapter Thirty covers agency: appointment of the agent, including express agreement, implication, necessity and ratification; the relationship between principal and agent, including the duties of an agent, duties of the principal, commercial agents; the authority of the agent, including express, implied and apparent authority, breach of warranty of authority including who can sue and who can be sued including if the agent names the principal and if the agent discloses the existence but not the name of the principal, if the agent does not disclose the existence of the principal and torts of the agent; types of agent including auctioneers, factors, stockbrokers, del credere agents; and termination of agency including by the act of the parties, by operation of law and by completion of the agency agreement.
• Ch. 31. Sale of Goods  [Purchase this echapter]
  Chapter Thirty One covers sale of goods: definitions, contract of sale distinguished from other transactions, sale and agreement to sell distinguished and goods; capacity, form, subject matter and price; terms of the contract including conditions and warranties, the treatment of conditions as warranties, stipulations as to time, title, description, satisfactory quality and fitness for purpose, sale by sample, exemption clauses; the transfer of the property in the goods to the buyer including risk and perishing of goods; sale by a person who is not the owner including sale under a voidable title, mercantile agents, dispositions by a seller who remains in possession after a sale, dispositions by a buyer who obtains possession after an agreement to sell, market overt; performance of the contract including delivery, place of delivery, incorrect delivery, instalment deliveries and acceptance; the rights of the unpaid seller including lien, stoppage in transit, resale of goods, repossession of goods, remedies against the buyer; remedies of the buyer; auction sales; and the supply of the Goods and Services Act 1982 including exclusion of liability.
• Ch. 32. Competition Policy  [Purchase this echapter]
  Chapter Thirty Two covers competition policy: the key legislative provisions (The Competition Act 1998 and The Enterprise Act 2002); and the Competition Commission established under the competition act and its role and the changes to UK competition law that set up new statutory bodies such as the Competition Appeal Tribunal.
• Ch. 33. Consumer Credit  [Purchase this echapter]
  Chapter Thirty Three covers consumer credit: The Consumer Credit Act 1974, regulated consumer credit agreements, regulated consumer hire agreements; hire purchase - preliminary matters including the role of the finance company, the prescribed form for credit or hire agreements, obligations in relation to hire purchase contracts, hire purchase, conditional sale, and credit sale agreements; formation of the agreement including licensing, seeking business, formal requirements, the debtor's right to cancel; matters arising during the agreement including additional information, appropriation of payments, early payment by the debtor, variation of agreements, death of the debtor, liability of creditor for supplier's default; default and termination including default notices, further restriction on remedies for default, termination; and judicial control including enforcement orders, time orders, return and transfer orders, unfair credit relationship test and interest on trade debts.
• Ch. 34. Insurance  [Purchase this echapter]
  Chapter Thirty Four covers insurance: principles of insurance law, the contract of insurance, the principle of good faith, insurable interest, indemnity, subrogation, contribution and risk; and types of insurance contract including life assurance, fire insurance, motor vehicle insurance, insurance against theft, accident insurance and employers' compulsory insurance.
• Ch. 35. Patents, Copyright, Trade Marks and Passing-off  [Purchase this echapter]
  Chapter Thirty Five covers patents, copyright, trade marks and passing-off: designs and design right; patents including applying for a patent, international application procedure, patentability, employee inventions, ownership, assignment and licensing, licences of right for drugs, infringement; copyright including statutory protection, indirect copying, restricted acts, infringement, licensing, performances; trademarks including registration, infringement and the community trade mark; and passing-off including types of passing-off and remedies.
• Ch. 36. The Data protection Act 1998  [Purchase this echapter]
  Chapter Thirty Six covers the Data Protection Act 1998: purpose of the act, data covered, persons, rights conferred, rights, data protection principles, sensitive data, monitoring of employee communications, enforcement and Freedom of Information Act 2000.
• Ch. 37. Regulatory Bodies  [Purchase this echapter]
  Chapter Thirty Seven covers regulatory bodies: The Financial Services Act 1986 including historical context, coverage and investments; the securities and investments board including authorised investment businesses, the central register, rules for regulation of investment business, self-regulating organisations, recognised professional bodies, recognised investment exchanges and investors compensation scheme; financial self-regulation including the financial reporting council, the accounting standards board, the financial reporting review panel; the stock exchange including recent history, deregulation and buying and selling shares.
• Ch. 38. Non-corporate Bodies  [Purchase this echapter]
  Chapter Thirty Eight covers non-corporate bodies: the sole trader, the partnership, including definition of the partnership, creation, authority of partners, liability of partners, the relationship of partners to each other, dissolution, limited partnerships and the limited liability partnership (LLP).
• Ch. 39. Corporate Bodies - The Company  [Purchase this echapter]
  Chapter Thirty Nine covers corporate bodies - the company: companies and partnerships, types of company, companies and partnerships compared; the consequences of incorporation including a separate legal entity, other consequences of incorporation, the veil of incorporation, examples of "lifting the veil', public and private companies including the main differences between public and private companies; registration procedure, the functions of the registrar of companies, registration of new companies, re-registration of a private company as public, public company to re-register as private; promoters including duties of promoters, remedies for breach of duty, payment for promotion; pre-incorporation contracts including the effect on the company, the effect on the person who purports to contract on behalf of the company, contracts made by a public company before the issue of a certificate under S.117 and execution of documents by companies.
• Ch. 40. The Memorandum and Articles of Association  [Purchase this echapter]
  Chapter Forty covers the memorandum and articles of association: memorandum and articles, contents of the memorandum; the name clause including basic rules, prohibition on registration of certain names, change of name, publication of name and address, business names; the registered office including the registered office clause, the purpose of the registered office, documents and registers kept at the registered office, rights of inspection of documents and registers and change of address; the objects clause including the purposes of the objects clause, brief history, statement of objects in memorandum, validity of acts done by companies, members' right to restrain ultra vires acts, constructive notice and alteration of objects; limitation of liability including contents of the clause, companies limited by shares, companies limited by guarantee, unlimited companies; other clauses including the capital clause, the association clause, alteration of the memorandum generally; and articles of association including the nature of the articles, alteration of articles and the effect of the memorandum and articles.
• Ch. 41. Share Capital  [Purchase this echapter]
  Chapter Forty One covers share capital: public offers for shares including raising funds, listed and unlisted securities, private companies, public issue by 'offer for sale', rights issues, application and admission to the official list and remedies for misrepresentation and omission; capital, share capital, and loan capital, different meanings of 'share capital' and alteration of capital; maintenance of capital including the need to maintain capital, underwriting commission, payment for share capital, the issue of shares at a discount, minimum payment for allotted shares, allotment for non-cash consideration, serious loss of capital, reduction of capital, the issue of shares at a premium, the acquisition by a company of its own shares, financial assistance for acquisition of shares, the power to issue redeemable shares and the purchase by a company of its own shares; dividends including the requirement of solvency, the basic rule, public companies, relevant accounts and interim dividends, consequences of unlawful distribution, the articles, capitalisation issues; types of shares including the nature of shares, preference shares, ordinary shares; application and allotment including statutory restrictions on allotment, company authority required for the allotment of shares, private companies, pre-emption rights, the return of allotments, the share certificate; and transfer of shares including validity of agreement to transfer, transfer of all of the shares comprised.
• Ch. 42. Loan Capital  [Purchase this echapter]
  Chapter Forty Two covers loan capital: borrowing by companies, the nature of debentures, differences between shares and debentures, similarities between shares and debentures, forms of security, reservation of title, registration of charges, priority of charges, avoidance of floating charges, transactions at an undervalue and preferences, company's register of charges, trustees for debenture holders and remedies of debenture holders.
• Ch. 43. Membership and Minority Protection  [Purchase this echapter]
  Chapter Forty Three covers membership and minority protection: methods of becoming a member including the basic rule and methods of indicating agreement; capacity including minors, personal representatives, trustees in bankruptcy, trustees and beneficiaries, companies; the register of members including contents of the register, location of the register, inspection of the register; majority rule including the rule in Foss v Harbottle and controlling members' duties; minority protection at common law including exceptions to the rule in Foss v Harbottle and personal, derivative and representative actions; and unfair prejudice including the basic rule, the powers of the court and S.459 and Foss v Harbottle.
• Ch. 44. Directors and Secretary  [Purchase this echapter]
  Chapter Forty Four covers directors and the secretary: appointments and removal of directors, including position of directors, number of directors, methods of appointment, vacation of office, directors' remuneration; powers of directors including relationship between the board and the company, board meetings, the managing director, unauthorised acts by directors, power of directors to bind the company, the rules of agency, enforcement of fair dealing by directors, compensation for loss of office, disclosure of interests in contracts, directors' contracts of employment, substantial property transactions, invalidity of certain transactions involving directors, dealings by directors in options, loans to directors - general rules, loans to directors - exceptions, civil remedies for breach of S.330 and criminal penalties for breach of S.330; fiduciary duties and duties of care and skill including introduction to fiduciary duties, directors' duty in relation to employees, the duty to act bona fide and for the benefit of the company as a whole, the duty to use their powers for the purpose for which they were conferred, the duty to retain freedom of action, the duty to avoid a conflict of duty and interest, duties of care and skill, relief from liability, statutory statement of directors' general duties, excuse breach of duty; disqualification of directors including mandatory disqualification, non-mandatory disqualification, director undertakings, acting while disqualified; the secretary including appointment, qualifications, powers and duties; and insider dealing including definitions, prohibitions, defences, penalties, remedies and investigations into insider dealing.
• Ch. 45. Auditors and Investigators  [Purchase this echapter]
  Chapter Forty Five covers auditors and investigations: the audit requirement, general rule, exemption for certain small companies, exemptions for dormant companies; supervisory bodies and professional qualifications including supervisory bodies, types of supervisory body, recognition of RSBs, rules of RSBs, appropriate qualifications, recognised qualifying bodies, eligibility of firms and individuals; appointment; removal, resolutions to appoint and remove auditors, written representations by auditors, resignation of auditors, right of the resigning auditor and statements to persons ceasing to hold office as auditor; powers, duties and liabilities of auditors including the auditors' report, auditors' duties, auditors' powers, power in relation to subsidiary undertakings, false statements to auditors, the standard of care and skill and whom the auditors' duties are owed; department of trade investigations including types of investigation, investigation on the application of the members or the company, investigation by order of court, powers of inspectors, the inspector's report, consequences of the report, investigation of the ownership of a company, investigation of share dealings and inspection of documents.
• Ch. 46. Meetings, Resolutions and Publicity  [Purchase this echapter]
  Chapter Forty Six covers meetings, resolutions and publicity: types of meeting including the annual general meeting, extraordinary general meetings; convening meetings including length of notice, contents of the notice, special notice, members' resolutions, statements and the electronic communications order; conduct of meetings including the quorum, the chairman, voting, proxies and minutes; resolutions including ordinary resolutions, special resolutions, extraordinary resolutions, written resolutions and elective resolutions; publicity; official notification in the gazette including the requirement of notification and the effect of official notification; matters requiring registration at the companies registry including information on record at the companies registry, resolutions requiring registration; registers which must be maintained by the company including the registered office, the register of directors and secretaries, directors' names on company stationery, the register of directors' interests in shares or debentures, the register of substantial shareholdings and investigation by a company of interests in its shares; the annual return including making the annual return and the contents of the annual return; and the accounting records and the accounts including accounting records, the accounting reference period and accounting reference date and laying and delivering accounts and the directors' report including contents of the directors' report.
• Ch. 47. Reconstructions, Mergers and Takeovers  [Purchase this echapter]
  Chapter Forty Seven covers reconstructions and mergers including methods, mergers and reconstructions under S.110-111 IA, uses of S.110 IA, schemes of arrangement under S.425-427 and voluntary arrangements under S.1-7 IA; and takeovers including reasons for takeovers, basic procedure and the city code on takeovers and mergers.
• Ch. 48. Liquidation, Administration and Receivership  [Purchase this echapter]
  Chapter Forty Eight covers liquidation, administration and receivership: an introduction to liquidation, definition and insolvency practitioners; compulsory liquidation including grounds, inability to pay its debts (S.123 IA), the just and equitable ground, the petition, effects of a compulsory winding-up order, proceedings after a winding-up order, general functions of the liquidator, liquidator's powers, vacation of office by the liquidator and dissolution; provisions applicable to every kind of liquidation including fraudulent trading, wrongful trading (S.214 IA), priority of debts, preferential debts and other provisions; voluntary liquidation including types of voluntary winding-up, members' voluntary winding-up, creditors' voluntary winding-up, consequences of voluntary winding-up, final meeting and dissolution; administration orders including the power to make an appointment, the effect of an application, the effect of the order, administrator's powers, administrator's duties, protection of members and creditors, discharge or variation of the administration order and a moratorium; receivership including appointment, effect of appointment, receivers' powers, receiver's general duties, duties of an administrative receiver and the receiver and the liquidator.
• Ch. 49. Employees and Independent Contractors  [Purchase this echapter]
  Chapter Forty Nine covers employees and independent contractors: distinguishing the type of relationship, the control test, the integration test, the multiple test, mutuality of obligation test, other considerations, statutory employment rights and part-time employees, new rights for employees on fixed-term contracts, agency workers and the importance of the relationship between employer and employee.
• Ch. 50. The Contract of Employment  [Purchase this echapter]
  Chapter Fifty covers the contract of employment: formation of the contract, written particulars, part-time employees, fixed-term workers and variation to the contract of employment.
• Ch. 51. The Common Law Duties of an Employee  [Purchase this echapter]
  Chapter Fifty One covers the common law duties of an employee: implied duties including indemnity, misconduct, personal service, loyalty and good faith, interests of the employer, careful service, account for property and gain, trade secrecy, inventions, obedience and notice.
• Ch. 52. Duties of an Employer  [Purchase this echapter]
  Chapter Fifty Two covers duties of an employer: common law duties; 'reasonable' safety; reasonably safe system of work; limitations on the employer's duties; references and testimonials including obligation to give references, action by the plaintiff and defendant, qualified privilege and untrue references; employer's duty to persons other than employees; vicarious liability including circumstances of vicarious liability, lifts given in employer's vehicle, acts for the exclusive benefit of the employee; time off work including trade union duties, trade union activities, public duties, to look for work or make arrangements for training, safety representatives or ante-natal care, complaints for refusal to give time off; disclosure of information including Trade Union & Labour Relations (Consolidation) Act 1992 and Health & Safety at Work Act 1974.
• Ch. 53. Wages  [Purchase this echapter]
  Chapter Fifty Three covers wages: pay - common law, unauthorised deductions from wages including deductions from pay and retail employment; The Equal Pay Act 1970 including purpose, persons covered, right to equal treatment, difference in rate of pay, European community law and part-time workers; Guarantee Payments including entitlement, eligibility, exemption, failure to make payment; medical suspension including entitlement, eligibility, dismissal, temporary replacements and failure to make payment; insolvency and pay statements.
• Ch. 54. Maternity Rights  [Purchase this echapter]
  Chapter Fifty Four covers maternity rights: dismissal, maternity leave including ordinary maternity leave, compulsory maternity leave, additional maternity leave, maternity pay, redundancy during maternity leave and unfair dismissal; right to return to work including flexible working; suspension from work on maternity grounds including offer of suitable alternative work; ante-natal care including contractual remuneration and time off for dependants.
• Ch. 55. Discrimination  [Purchase this echapter]
  Chapter Fifty Five covers discrimination: The Sex Discrimination Act 1975 including forms of discrimination, scope of the act, recruitment, treatment of present employees, pregnancy, childbirth, death and retirement, burden of proof, genuine occupational qualification, sexual harassment, ageism, sexual orientation, religion or belief, gender reassignment, discrimination against contract workers, collective agreements, miscellaneous, complaints, the equal opportunities commission, European community law; The Race Relations Act 1976 including scope, exceptions, racial harassment, trade unions, employers' organisations, etc, liability for employee's discrimination, burden of proof, commission for racial equality; The Disability Discrimination Act 1995 including EC Directive 2000/43.
• Ch. 56. Termination of Contracts of Employment  [Purchase this echapter]
  Chapter Fifty Six covers termination of contracts of employment: termination with notice; notice - S.86 The Employment Rights Act 1996; by operation of the law; wrongful dismissal including contract of indefinite duration, a fixed term contract and action by the employee; constructive dismissal; remedies for wrongful dismissal, assessment of damages, deductions from damages and other remedies; unfair dismissal including the meaning of 'dismissal', compensation for unfair dismissal, codes of practice, presumption of unfair dismissal, dismissal in other circumstances and written statement of reasons for dismissal; remedies for unfair dismissal including reinstatement and re-engagement, reduction in basic award, amount of compensation, complaints to employment tribunals and interim relief for unfair dismissal.
• Ch. 57. Redundancy  [Purchase this echapter]
  Chapter Fifty Seven covers redundancy: conditions for payment, continuous employment for the requisite period, the meaning of dismissal and redundancy must be the reason for dismissal; special conditions for lay-off and short-time; exclusions from the right to a redundancy payment, calculations for redundancy payment including continuous employment and employee's age; notification of redundancies under TULR(C)A 1992 including notification to trade unions, consultation, the protective award, notification to the Department of Employment; miscellaneous provisions including death of employer, death of employee, insolvency of employer, employee leaving before expiry of notice, strikes during notice, written statement, time limit for claims and exemption orders.
• Ch. 58. Social Security  [Purchase this echapter]
  Chapter Fifty Eight covers social security: industrial injuries including exemptions from the scheme, risks insured against, 'in the course of employment', 'arising out of employment', industrial diseases, unemployment benefit including disqualification; sickness benefit including entitlement, disqualification, state incapacity benefit; administration of benefits and statutory sick pay.
• Ch. 59. Industrial Injuries: Employer's Liability  [Purchase this echapter]
  Chapter Fifty Nine covers industrial injuries - employer's liability: common law including action by an employee and employer's defences; stature including the employer's defences; fatal accidents including definition of 'dependant', persons entitled to bring the action, assessment of damages; The Limitation Act 1980 and assessment of damages.
• Ch. 60. Health and Safety at Work  [Purchase this echapter]
  Chapter Sixty covers health and safety at work: The Health & Safety at Work Act 1974; general duties of employers to their employees including health, safety and welfare and information and consultation; duties to persons other than employees; duties of persons in control of premises (S.4, 5) including health and safety and harmfull emissions, duties of manufacturers and installers (S.6); duties of employees (S.7); general duties; health and safety commission (S.10-14) including composition of the commission, composition of the executive, functions of the commission and functions of the executive; regulations and codes of practice (S.16, 17) including authorities responsible for enforcement; health and safety inspectors including enforcement and right of appeal; offences (S.33) including penalties, offences due to the fault of another person, offences by a body corporate, onus on proving limits of 'practicability'; safety representatives including appointment, functions, inspections, notifiable accidents, dangerous occurrences and notifiable diseases, information from an employer, payments and time off for safety representatives, industrial tribunals; safety committees, their establishment and functions; Health and Safety at Work Regulations 1992 including health & safety (general provisions) regulations, provision and use of work equipment regulations, manual handling operations regulations; workplace (health, safety and welfare) regulations, personal protective equipment at work (PPE) regulations and health and safety (display screen equipment) regulations.
• Ch. 61. Institutions and tribunals  [Purchase this echapter]
  Chapter Sixty One covers institutions and tribunals: the advisory, conciliation and arbitration service (ACAS) and its principal functions; the central arbitration committee (CAC) including jurisdiction and appeals; the certification officer (CO); commissioner for the rights of trade union members; commissioner for protection against unfair industrial action; employment tribunals and their claims and composition; employment appeal tribunal (EAT) including appeals, composition, further appeals and The Employment Rights (Dispute Resolution) Act 1998.
• Ch. 62. Trade Unions  [Purchase this echapter]
  Chapter Sixty Two covers trade unions: definition; legal capacity; liability in tort; trade unions affairs including listing of trade unions, certificate of independence, definition of independence; recognition; annual returns and accounts; amalgamation; the political fund; trade union ballots; trade union membership including rules, compensation for unreasonable exclusion or expulsion, exclusion or expulsion from membership and participation in trade union affairs; collective agreements including statutory definition, enforceability, the collective agreement and common law, 'no strike' clauses, the present law relating to immunity in tort, trade dispute, acts in contemplation of furtherance of a trade dispute, picketing, secondary action, acts to compel trade union membership, employers' remedies and effect of industrial action on employees' rights.