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Preface vii
Mark Edwards and Peter Griffith for their assistance with questions used in this edition.
Their expertise and suggestions were invaluable.
We also want to acknowledge our daughters who help shape our understanding of
learning, even at their tender age.
Finally, our hope is that this book helps you understand the legal principles surround-
ing the operation of businesses, introduces you to the fascinating study of the law, enables
you to feel empowered to actively participate in class discussions, and enables you to suc-
cessfully complete your assessment tasks.
Enjoy your studies.
James Marson and Katy Ferris, Sheffield.
December 2017
GUIDE TO USING THE BOOK
Put the law into its everyday context, understand how and why the law works,
and approach the law with confidence.
The textbook includes the following features. They are designed to assist you in your
understanding of the law:
Business Scenario 6
BUSINESS SCENARIO
These features provide some focus for the topic that is being
Clive and Jane are friends. Clive is a plum
presented. The scenario provides an example of a problem
house and install a new central heating
which could occur in real life and/or an assessment question.
completed by 10 April. The total cost was
It demonstrates how the law applies to businesses, employers,
Having completed the job, Clive asked J
short of money and would pay him the
and employees in everyday situations so that you get a con-
heard that Clive was in financial difficultie textual view of how the law operates in a working context
and the ‘Consider’ boxes relate these issues to the content of
the chapter.
CONSIDER
! The ‘Consider’ boxes appear throughout the chapters and
Consider relate the issues raised in the ‘Business Scenarios’ to the con-
Can Jane pay £3,000 in full settlem tent of the chapters. They will help you make sense of the law
seeking the balance? No, part-paym and enable you to think independently about legal problems.
of whether Clive agrees to this or
and then bring proceedings to reco
LEARNING OUTCOMES
Learning Outcomes
r Explain the meaning of the term ‘tort These are introduced at the start of each chapter to help you
identify what you will be expected to gain from the chapter.
r Differentiate between liability in con
They may act as a checklist to focus your attention on specific
r Explain the three tests to establish li
aspects of the topic. They are presented with the appropriate
r Explain the facts and the court’s reas
section(s) of the chapter identified for ease of navigation.
r Identify the defences to a negligence
r Identify the remedies available in cla
CASE SUMMARIES
Caparo Industries Plc v Dickma
Throughout the chapters you will find summaries of the key
Facts: case law pertinent to each topic. These boxes sum up the case
Caparo had accomplished a takeover of facts and the impact that the case has had on the law to help
directors of that company (Steven and Ro you learn the importance of the leading cases.
sentation, and an action against its audito
in carrying out an audit of the company
purchasing shares in Fidelity a few days b
d d l bl h h h ld
Guide to using the book ix
DIAGRAMS
Flow charts and tables are included to aid in your understand-
Performance Agreement ing of complex or difficult concepts. They offer an alternative
method of learning and help you visualize important features.
FURTHER READING
FURTHER READING
These suggestions are included at the end of each chapter
Books and articles
and identify particular books and articles, and trusted and
Anderman, S. (2000) ‘The Interpret
well-maintained websites, Twitter feeds and YouTube chan-
ployment’ Industrial Law Journal
nels that are relevant to your studies. Once you have read
Boyle, M. (2007) ‘The Relational Pr
this text and understood the underlying principles of the law,
Vol. 27, No. 4, p. 633.
then use the sources of further reading to expand and deepen
Brodie, D. (2004) ‘Health and Safet
your knowledge of a particular point of law.
SUMMARY QUESTIONS
? SUMMARY QUESTIONS
At the end of each chapter you will find sample problem and
Essay questions essay questions which enable you to self-test and reinforce
1. ‘Employment law is one juris what you will have learnt in the chapter. They are written
tion, continues to be underp in the style typical of seminar or exam questions and so will
true in relation to the doctrin be a useful way to practice your technique for answering
Assess the role played by im law questions. Once you have prepared an answer you can
been developed by the judic then compare this to the answer that is provided with the
online resources.
Business Law is fully supported by a suite of online resources, which offers valuable stu-
dent and lecturer materials to complement your textbook and enhance the learning expe-
rience. Go to www.oup.com/uk/marson5e/ to ensure you’re getting the most out of your
textbook.
STUDENT RESOURCES
The resources explained below offer innovative online tools which will support your
learning, helping you to fulfil your potential in your business law assessments and exams.
Visit www.oup.com/uk/marson5e/ to try the resources for yourself.
Multiple-choice questions: Use these questions to test your knowledge of the law covered
within each chapter of the textbook. Immediate feedback on your answers makes it easy for
you to assess your level of understanding.
Indicative answers to the end-of-chapter questions: Each chapter of the book contains
sample problem and essay questions. Prepare your own answer, then check here for guid-
ance on what an exemplary answer should include—ideal for exam preparation.
Guide to the online resources xi
Flashcard cases: These interactive flashcards will help you to memorize important key
cases and are ideal for revision.
Flashcard glossary: These interactive flashcards will help you to memorise important key
terms and are ideal for revision.
Sample legal forms: Sample legal forms referenced in the book are available to download.
Additional material: For those wanting to expand their knowledge, additional material
on the courts and the Consumer Protection from Unfair Trading Regulations is featured.
LECTURER RESOURCES
Access to the following resources is limited to registered lecturers.
PowerPoint slides: Customizable PowerPoint slides covering key points from each chapter
of the text for use in your teaching.
OUTLINE CONTENTS
PART 1 INTRODUCTION
1 Studying Law 3
12 Economic Loss, the Liability of Professional Advisors, and Psychiatric Injury 294
PART 7 EMPLOYMENT
19 Employment Status and the Terms Forming the Contract 469
Glossary 665
Index 673
DETAILED CONTENTS
PART 1 INTRODUCTION
1 Studying Law 3
1.1 Introduction 3
1.2 Why study law? 4
1.3 How to be successful in your studies 4
1.4 Examples of answering law questions 8
12 Economic Loss, the Liability of Professional Advisors, and Psychiatric Injury 294
12.1 Introduction 295
12.2 Pure economic loss 295
12.3 Negligent misstatements 298
12.4 Non-physical (psychiatric) damage 302
PART 7 EMPLOYMENT
19 Employment Status and the Terms Forming the Contract 469
19.1 Introduction 470
19.2 The reason for the distinction 470
19.3 Tests to establish the employment relationship 472
19.4 Employee shareholders 482
19.5 The written statement of particulars 484
19.6 Implied terms in contracts of employment 486
Detailed contents xix
Glossary 665
Index 673
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