Introduction to Business Law INTRODUCTION TO BUSINESS LAW FIFTH EDITION LUCY JONES 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Oxford University Press 2019 The moral rights of the authors have been asserted Second Edition 2013 Third Edition 2015 Fourth Edition 2017 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Public sector information reproduced under Open Government Licence v3.0 (http://www.nationalarchives.gov.uk/doc/open-government-licence/open-government-licence.htm) Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2019937818 ISBN 978–0–19–882488–6 Printed in Great Britain by Bell & Bain Ltd., Glasgow Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. To Allan, Sophie, Nick, and Rosie and to all the students who have inspired me over the years. New to this Edition • Coverage of recent contract law cases relating to consideration, mistake, and implied contractual terms. • Discussion of European Union (Withdrawal) Act 2018, European Union Law and jurisdiction of the Court of Justice of the EU in the light of the UK’s exit from the EU. • Consideration of Supreme Court cases in relation to duty of care and liability in negligence in the law of torts. • Coverage of new employment law cases including discussion of the recent Supreme Court’s decisions in relating to worker status and discrimination. • Updated legislation and regulation coverage throughout. Outline Contents Guide to the Book xviii Guide to the Online Resources xx Table of Cases xxii Table of Legislation xxviii PART 1 The English Legal System 1 The Nature of English Law 3 2 The Court System and Alternative Dispute Resolution 16 3 Sources of English Law 41 PART 2 Contract Law 4 The Nature of the Agreement: Offer and Acceptance 77 5 Intention, Capacity, Consideration, and Privity 105 6 The Terms of a Contract 137 7 Vitiating Factors 167 8 Discharge of Contract and Contractual Remedies 199 9 The Sale of Goods and Supply of Services 229 PART 3 The Law of Agency 10 The Law of Agency 275 PART 4 Tort Law 11 The Tort of Negligence 299 12 Product Liability, Defective Premises, Interference with Land, and Defences 335 PART 5 Employment Law 13 The Contract of Employment and its Termination 371 14 Discrimination and Health and Safety 396 PART 6 The Structure & Management of Business 15 Business Organizations 421 16 Company Law I: Formation and Finance 452 17 Company Law II: Company Officers and Liabilities 479 18 Company Law III: Company Meetings, Shareholder Protection, and Liquidation of Companies 507 viii S T PART 7 Intellectual Property Law N E T 19 Intellectual Property Law 535 N O C E PART 8 Study Skills & Revision N TLI 20 Study Skills 565 U O Index 577 Detailed Contents Guide to the Book xviii Guide to the Online Resources xx Table of Cases xxii Table of Legislation xxviii PART 1 The English Legal System 1 The Nature of English Law 3 1.1 Introduction 3 Learning Objectives 4 1.2 What is Law? 4 1.3 Nature of English Law 5 1.4 Classification of Different Types of Laws 9 Basic Terminology 13 Summary 13 Questions 14 Further Reading 15 Online Resources 15 2 The Court System and Alternative Dispute Resolution 16 2.1 Introduction 16 Learning Objectives 17 2.2 The English Court System 17 2.3 Civil Disputes 30 2.4 Alternative Dispute Resolution 33 Basic Terminology 38 Summary 38 Questions 39 Further Reading 40 Online Resources 40 3 Sources of English Law 41 3.1 Introduction 41 Learning Objectives 42 3.2 Legislation 43 3.3 Custom 54 3.4 Case Law 54