Formation of Contract
What is a contract?
The intention to create legal relations
Offer
Termination of an offer
Acceptance
Agreement without offer and acceptance
The nature of consideration
Executory, executed and past consideration
Sufficiency of consideration
Privity of contract
Terms of Contract
The terms of contract
Incomplete contracts
Conditions and warranties
Oral evidence relating to contracts in writing
Representations and contract terms
Implied terms
The required form of contracts
Exclusion clauses
The Unfair Contract Terms Act 1977
The Unfair Terms in Consumer Contracts Regulations 1994
Vitiating Factors
Contractual capacity
Mistake
Misrepresentation
Duress
Undue influence
Void and illegal contracts
Discharge of Contract
How a contract comes to an end
Performance
Agreement
Breach of contract
Frustration
Remedies available for breach of contract
Damages
Action for the price
Equitable remedies
Limitation to actions for breach
Quasi-contract
Agency
The creation of agency
The duties of an agent
The rights of an agent
The authority of an agent
Liability of the parties
Agents acting for undisclosed principals
Termination of agency
Special types of agent
Sale of Goods
Definition of a Contract for the Sale of Goods
The Sale of Goods Act 1979 and the relevant changes made by the Sales and Supply of Goods Act 1994 (s14) and the relevant changes made by the Consumer Rights Act 2015, in particular chapters 2 and 3 and the impact on sections 12, 13, 14 and 18 of the 1979 Act
Types of goods
The price
Time of performance
Seller’s title
Description of the goods
Sale by sample
Satisfactory quality and fitness for purpose
Passing of property and risk
Nemo dat quod non habet
Delivery
Acceptance and rejection
Remedies of the parties, Romalpa clauses
The Supply of Goods and Services Act 1982
Business Law Syllabi & the Consumer Rights Act 2015
The Consumer Rights Act came into force in October 2015, which in many ways amends the Sale of Goods Act, under the Business Law Syllabi.
Students must expect examination questions relating to the new Act from the December 2016 Business Law examinations.
Consumer Credit and Protection
Consumer Credit
Forms of consumer credit
What is a regulated agreement?
The classification of regulated agreements
The protection of debtors
Lenders liability
Termination of credit agreements
Extortionate credit bargains
Consumer credit licensing, advertising and canvassing
Credit cards
Consumer Protection
Consumer protection
Trade descriptions
Consumer safety
Product liability
Tort
Tort and other wrongs
Wrong and damage distinguished
Remoteness of damage
Vicarious liability
Strict liability
Defences to an action in tort
Contributory negligence
Remedies in tort
Conversion
Nuisance
Defamation
Definition
Libel and slander
Action and defences
Negligence
Negligence – requirements of
Duty of care
Breach of duty of care and consequential damage
Res ipsa loquitur
Consequential harm
Negligent mis-statement
Professional negligence
Nuisance
Definition
Differences between public and private nuisance
Defences and remedies
Defamation
Definition
Differences between libel and slander
Defences and remedies
Company Law
The Nature of a Company
The company as a legal entity
The veil of incorporation
Companies and partnerships
A company’s liability in tort and crime
Public and private companies
Holding and subsidiary companies
Formation of a Company
Promoters and pre-incorporation contracts
Registration procedures
Commencement of business
Company contracts
Memorandum and Articles
Purpose and contents of the memorandum
The company name
Registered office
Objects
Articles of association
Alteration of the articles
The memorandum and articles as contracts
Meetings
Types of meeting
Convening a meeting
Proxies
Types of resolution
The assent principle
Liquidations and Other Insolvency Procedures
Methods of dissolution
Liquidations
Compulsory liquidation
Voluntary liquidation
Liquidation committee
Contributories
Powers of liquidators
Duties of liquidators
Alternatives to liquidation
Administration orders
Voluntary arrangements
Directors
Appointment
Shareholdings
Termination of office
Disqualification
Powers and dealings
Partnerships
Definition
Formation of
Types of partners
Agency of partners – liability of partners for firms debts
Dissolution of partnership
Limited Partnership Act 1907
Limited Liability Partnership Act 2000
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