THE LEGAL ENVIRONMENT OF THE BUSINESS WORLDPDF电子书下载

CHAPTER 1 LAW DEFINED 1

Criminal and Civil Wrongs 1

Breach of Contract 1

Torts 2

Courts of Law 2

Seeking Legal Advice 3

Sources and Content of Laws 3

Discovering Statute Law and the Common Law 6

Applying Laws to Business Decisions 7

CHAPTER 2 LEGAL PERSONALITY 8

Business Status 8

Artificial Persons 8

Private Enterprise and Status 9

Public Enterprise and Status 10

CHAPTER 3 CONTRACTUAL OBLIGATION AND TORT DUTY 14

The Law of Contract 14

The Contract Obligation 14

The Negotiation Process 14

Caveat Emptor 14

Bargaining Power 15

The Tort Duty 16

Duties and Liability 17

Offer and Acceptance 17

Consideration 22

Intention to Create a Legal Relationship 24

Genuine Consent 25

Legal Capacity 32

Lawfulness of Contract 34

Types of Contract 37

A Term in a Contract 38

The Legal Effect of Contract Terms 41

Taking Responsibility and Disclaiming Liability 42

The Unfair Contract Terms Act 1977 43

Ending a Contract 45

Contracts and Agency 47

The Law of Torts 49

The Tort of Negligence 49

Occupiers’ Liability 53

The Tort of Nuisance 54

The Tort of Trespass 56

The Tort of Defamation 58

Breach of Statutory Duty 60

The Tort of Rylands v.Fletcher 61

The Tort of “Passing Off” 62

The Principle of Vicarious Liability 62

General Defences in Tort 65

Remedies in Contract and Tort 67

Other Remedies for Breach of Contract 69

Damages in Tort 70

CHAPTER 4 THE LAW OF EMPLOYMENT 71

The Contract of Employment 71

Terms in an Employment Contract 72

Duties Arising from an Employment Contract 73

Rights and Duties on Termination of the Employment Contract 74

Trade Unions 78

The Protection of the Employee 88

CHAPTER 5 CONSUMER PROTECTION 91

Government Responsibility 91

Legislation and Consumer Protection 91

Legal Redress 95

Consumer Information， Advice and Help 96

Nationalised Industries and the Consumer 96

Consumers and Competition Laws 97

Consumer Protection Laws 97

Definition of a “Consumer” 97

Monopolies， Mergers and Anti-Competitive Practices 110

Competition Laws in the European Community 111

Contracts for the Sale of Goods 111

Transfer of Property 112

Terms Implied by Statute in Contract for the Sale of Goods 114

“No Fault” Liability 116

Transfer of Title: Selling “Property” Without Ownership 116

Remedies for Breach of a Sale of Goods Contract 120

A Manufacturer’s Liability to a Consumer 121

Terms Implied by Statute in a Hire-Purchase Agreement 129

The Supply of Goods and Services Act 1982 130

CHAPTER 6 COMPANY LAW 132

The Private Enterprise Business Company 132

Partnership Firms 132

Promoting a Company 134

Registration of a Limited Company 134

The Memorandum of Association 142

The Articles of Association 144

The Legal Effect of the Memorandum and Articles 145

Publicity 145

A Company and its Contracts 145

The Prospectus 145

Capital 146

Share Capital 146

Shareholders 146

Loan Capital and Charges 147

Meetings 148

Majority Rule and Minority Protection 148

Directors 149

The Duties of a Company Director 149

Accounts and Reports 150

Dividend 150

Company Takeovers: Reconstruction and Merger 150

Ending a Company 150

The Liquidator 153

CHAPTER 7 THE LAW OF PROPERTY 156

Introduction 156

The Right of Ownership 158

Legal and Equitable Ownership 158

Ownership Compared with Possession 158

Land 159

Business Premises 160

Rights and Restrictions Upon Business Tenants 160

Statutory Controls on Land 161

Other Restrictions on Land 162

Restrictions by Tort 163

Intangible Property 163

Transfer of Ownership Rights in Property 165

Mortgage Security 168

Mortgage Obligations 169

Types of Mortgage 169

The Law Relating to Cheques 170

Bankers and Customers 174

Transferring Money and Bankers’ Protection 175

CHAPTER 8 CONSTITUTIONAL LAW 178

Executive Power 180

Legislative Power 181

Judicial Power 182

CHAPTER 9 THE COURTS OF LAW AND THE LEGAL PROCESS 185

Civil Courts 186

Criminal Courts 187

Courts of Appeal 189

Other Courts 190

The Parliamentary Commissioner for Administration: “The Ombudsman” 190

Local Commissioners for Administration: “Local Ombudsmen” 191

Civil Laws 191

Criminal Laws 192

The Interpretation of Statutes 192

Arbitration 193

Legal Advice and Legal Action 194

The Litigation Decision 194

ASSIGNMENTS 198

1.“So You Think You’ve Got Problems” 198

2.“Fair Deal” 199

3.“Roger’s Dilemma” 200

4.“Tanned for Life” 201

5.“Upholding Standards” 202

6.“Star Trek” 203

7.“Memo from the MD” 204

8.“A Matter of Access” 205

9.“Thinking Big” 206

10.“The Money Game” 207

11.“The Writing is on the Wall” 209