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(Ebook PDF) Business Law 5th Edition by James Marson - The Latest Ebook Edition With All Chapters Is Now Available

The document provides links to various eBook downloads related to business law, including multiple editions by different authors. It highlights features of the textbooks designed to assist in understanding legal principles, such as business scenarios, learning outcomes, and case summaries. Additionally, it mentions online resources available to support students and lecturers in their studies of business law.

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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.

Part-performance: Unilateral: Valid if


Where accepted consideration is
by the innocent provided
t th th

SUMMARY OF KEY POINTS


SUMMARY OF MAIN POIN
A summary of the key points is included at the end of each
Legal personality
chapter to act as a revision aid and to focus your attention on
r Natural persons and busine
important concepts raised. They are an effective method of
personality.
consolidating your learning and are particularly useful in the
r The legal personality of a com
preparation and revision for examinations.
out its functions.
r The legal personality of a com

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.

Duress Compelling a party to enter a co GLOSSARY


on the basis of a threat, which makes the
At the end of the book you will find a glossary which simply
contract voidable.
defines the unfamiliar terms that you may come across in the
Duty of care The rule that places an obli chapters.
to take reasonable care not to injure your
‘neighbour’ or damage property.

Economic, technical, and organizationa


reason Where there has been a transfer o
d ki l d b TUPE 2006
GUIDE TO 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

Table of Cases  xxi


Table of Legislation  xxxii
Table of Statutory Instruments xli
Table of EU Legislation xliii
Table of International Treaties and Conventions xliv
Table of Codes of Practice xlv

PART 1 INTRODUCTION
1 Studying Law 3

PART 2 THE ENGLISH LEGAL SYSTEM


2 Law, the Constitution, EU Membership, and Human Rights 15

3 Sources of Law, Statutory Interpretation, and the Legislative Process 44

4 The Court Structure and Alternative Forms of Dispute Resolution 68

PART 3 CONTRACTUAL OBLIGATIONS


5 Essential Features of a Valid Contract 1: Offer and Acceptance 91

6 Essential Features of a Valid Contract 2: Consideration,


Intention to Create Legal Relations, and Certainty of Terms 115

7 Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress 143

8 Contractual Terms 172

9 Statutory Regulation of Contracts 198

10 Discharge of Contract and Remedies for Breach 234

PART 4 TORTIOUS LIABILITY


11 Negligence and Nuisance 265

12 Economic Loss, the Liability of Professional Advisors, and Psychiatric Injury 294

13 Vicarious Liability and Statutory Duties 311

PART 5 COMPANY LAW


14 Trading Structures and Forming the Business Enterprise 343

15 Corporate Administration 372

16 Maintenance of Finance and Capital 394

17 Corporate Management 416


xiv Outline contents

PART 6 AGENCY LAW


18 Agency 445

PART 7 EMPLOYMENT
19 Employment Status and the Terms Forming the Contract 469

20 Dismissal at Common Law; Redundancy and the Transfer of Undertakings 500

21 Unfair Dismissal and Constructive Dismissal 527

22 Equality in the Workplace and Parental Rights 553

23 Regulation of the Conditions of Employment 598

PART 8 INTELLECTUAL ­P ROPERTY


24 Intellectual Property 633

Glossary  665
Index  673
DETAILED CONTENTS

Table of Cases  xxi


Table of Legislation  xxxii
Table of Statutory Instruments xli
Table of EU Legislation xliii
Table of International Treaties and Conventions xliv
Table of Codes of Practice xlv

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

PART 2 THE ENGLISH LEGAL SYSTEM


2 Law, the Constitution, EU Membership, and Human Rights 15
2.1 Introduction 16
2.2 The development of English law 16
2.3 The differing sources of law 16
2.4 Criminal and civil law 17
2.5 The constitution of the United Kingdom 17
2.6 EU membership 24
2.7 Human rights 32

3 Sources of Law, Statutory Interpretation, and the Legislative Process 44


3.1 Introduction 45
3.2 Sources of law 45
3.3 How laws are created: the legislative process 54
3.4 Non-Parliament legislation: secondary ­legislation 58
3.5 Control of delegated legislation 60

4 The Court Structure and Alternative Forms of Dispute Resolution 68


4.1 Introduction 69
4.2 The court system and appointment process 69
4.3 Tribunals 78
4.4 Alternative Dispute Resolution 80

PART 3 CONTRACTUAL OBLIGATIONS


5 Essential Features of a Valid Contract 1: Offer and Acceptance 91
5.1 Introduction 92
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xvi Detailed contents

5.2 Unilateral and bilateral contracts 92


5.3 Void and voidable contracts 92
5.4 The essential features of a valid contract 93

6 Essential Features of a Valid Contract 2: Consideration,


Intention to Create Legal Relations, and Certainty of Terms 115
6.1 Introduction 116
6.2 Consideration 116
6.3 The doctrine of privity of contract 127
6.4 Intention to create legal relations 132
6.5 Certainty of terms 136

7 Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress 143


7.1 Introduction 144
7.2 Capacity to enter a valid contract 144
7.3 Illegality 147
7.4 Mistake 149
7.5 Misrepresentation 156
7.6 Duress and undue influence 164

8 Contractual Terms 172


8.1 Introduction 173
8.2 Terms and representations 173
8.3 Terms of the contract 178
8.4 Classification of terms 182
8.5 Contractual terms exempting/excluding liability 186

9 Statutory Regulation of Contracts 198


9.1 Introduction 199
9.2 The Sale of Goods Act 1979 and the Consumer Rights Act 2015 199
9.3 The Supply of Goods and Services Act 1982 216
9.4 The Consumer Contracts (­Information, ­Cancellation and
Additional Charges) ­Regulations 2013 219
9.5 The Unfair Contract Terms Act 1977 226

10 Discharge of Contract and Remedies for Breach 234


10.1 Introduction 235
10.2 Discharge of contract 235
10.3 Remedies for breach of contract 247

PART 4 TORTIOUS LIABILITY


11 Negligence and Nuisance 265
11.1 Introduction 266
Detailed contents xvii

11.2 Fault liability 266


11.3 Time limits 266
11.4 The distinction between contractual and tortious liability 266
11.5 Negligence 267
11.6 Defences to a claim of negligence 280
11.7 Remedies 286
11.8 Nuisance 287

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

13 Vicarious Liability and Statutory Duties 311


13.1 Introduction 312
13.2 Vicarious liability—a definition 312
13.3 Rationale for the doctrine 313
13.4 For what is the employer liable? 314
13.5 The qualifications to establish vicarious liability 314
13.6 Liability for independent contractors 325
13.7 The Consumer Protection Act 1987 328
13.8 The Occupiers’ Liability Acts 332
13.9 Breach of statutory duty 335

PART 5 COMPANY LAW


14 Trading Structures and Forming the Business Enterprise 343
14.1 Introduction 344
14.2 Legal personality 344
14.3 Types of business organization 348

15 Corporate Administration 372


15.1 Introduction 373
15.2 The Companies Act 2006 373
15.3 Capacity to trade 374
15.4 Company meetings 374
15.5 Resolutions at meetings 379
15.6 Recording business at meetings and of resolutions 382
15.7 Winding-up of companies 382

16 Maintenance of Finance and Capital 394


16.1 Introduction 395
xviii Detailed contents

16.2 Shares 395


16.3 Shareholders 395
16.4 Share capital 396
16.5 Share certificate 400
16.6 Types of share 400
16.7 Changing class rights 401
16.8 The company’s purchase of its own shares 402
16.9 Share issue 403
16.10 Payment 404
16.11 Dividend payments 405
16.12 Loan capital 406
16.13 Charges 408

17 Corporate Management 416


17.1 Introduction 417
17.2 Directors of a company 417
17.3 Directors’ liability to shareholders 431
17.4 Minority protection 432
17.5 The secretary 436

PART 6 AGENCY LAW


18 Agency 445
18.1 Introduction 446
18.2 Types of agent 446
18.3 Creation of agency 447
18.4 Duties of the agent 455
18.5 Liability of the agent 458
18.6 Rights of an agent 459
18.7 Termination at common law 460
18.8 The Commercial Agents (Council Directive) Regulations 1993 461

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

20 Dismissal at Common Law; Redundancy and


the Transfer of Undertakings 500
20.1 Introduction 501
20.2 Termination of employment 501
20.3 Wrongful dismissal (the common law route) 504
20.4 Redundancy 509
20.5 Transfer of undertakings 517

21 Unfair Dismissal and Constructive Dismissal 527


21.1 Introduction 528
21.2 Unfair dismissal (the statutory route) 528
21.3 Constructive unfair dismissal 543
21.4 Remedies for unfair dismissal 547

22 Equality in the Workplace and Parental Rights 553


22.1 Introduction 554
22.2 The Equality Act 2010 554
22.3 Previous anti-discrimination law repealed 555
22.4 Groups affected by the act 555
22.5 The protected characteristics (groups) 556
22.6 Prohibited conduct 556
22.7 Liability for acts of third parties 564
22.8 Age discrimination 564
22.9 Disability discrimination 566
22.10 Discrimination on the basis of gender reassignment 571
22.11 Sex, marriage/civil partnership and race discrimination 571
22.12 Equality in Pay 573
22.13 Discrimination on the basis of religion or belief 583
22.14 Discrimination on the basis of sexual orientation 586
22.15 Discrimination against part-time workers 586
22.16 Discrimination against workers on ­fixed-term contracts 587
22.17 Enforcement and remedies for ­discrimination claims 588
22.18 Maternity rights 589

23 Regulation of the Conditions of Employment 598


23.1 Introduction 599
23.2 The Working Time Regulations 1998 599
23.3 The National Minimum Wage and National Living Wage 605
23.4 Health and safety 608
23.5 Restraint of trade clauses 618
23.6 The insolvency of the employer 625
xx Detailed contents

PART 8 INTELLECTUAL ­P ROPERTY


24 Intellectual Property 633
24.1 Introduction 634
24.2 Protecting intellectual property 634
24.3 Copyright 635
24.4 Design rights and registration 643
24.5 Trademarks 646
24.6 Patents 652
24.7 Employees and intellectual property 656
24.8 Independent contractors and intellectual property 657
24.9 The Intellectual Property (Unjustified Threats) Act 2017 658

Glossary  665
Index  673
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