Commercial Law

PrefaceBook I: Trading Entities 1 Individuals, Corporations and Unincorporated Associations Trading by Individuals The Business Names Register Statutory Corporations The Difference between Limited Liability Companies and Partnerships The Difference between Partnerships and Co-Ownership Unincorporated Associations 2 Partnerships How Partnerships Come into Existence The Relationship between Partners The Relationship between Partners and the Outside World The Dissolution of Partnerships Limited Partnerships 3 Agency The Implied Warranty of Authority The Duties of an Agent The Rights of an Agent The Undisclosed Principal Ratification Termination of AgencyBook II: Contractual Obligations 4 The Nature of Contractual Obligations What is a Contract? The Action of Assumpsit The Consensus ad idem Theory Express Promises Implied Promises Contracts by Estoppel Contractual Obligations by the Objective Test Contracts of Adhesion Standard Contracts that are Signed Unsigned Common Form Documents Unilateral and Synallagmatic Contracts Acceptance by Post A Definition of a Contract The Difference between Contracts and Torts The Difference between Contractual Obligations and Trusts Quasi-contractual Obligations 5 How the Law Enforces Contractual Obligation The Action for Debt Quantum Meruit The Different Kinds of Damages The Principles on which Damages are Assessed Damages for Non-delivery or Non-acceptance of Goods Damages Fixed by the Terms of the Contract How to Distinguish Liquidated Damages from Penalties The Equitable Remedy of Specific Performance Injunctions—Prohibitive and Mandatory Rectification 6 Promises the Law Will Not Enforce No Agreement to Make an Agreement Cerium est quod cerium reddi potest Absence of Contractual Intent Business Agreements Statutory Undertakings and Contractual Intent Domestic Arrangements Social Arrangements Parol Promises without Consideration Consideration and the Performance of Existing Duties Consideration and Existing Moral Duty Consideration and Existing Legal Duties Consideration and Contractual Obligations to Third Parties Consideration and Contractual Obligations to the Promisor Consideration and the Release of Debts Common Law Exceptions to the Rule in Pinnel’s Case Promissory or Equitable Estoppel The 'Privity of Contract' Exceptions to the 'Privity of Contract' Doctrine Does the Law Need the Doctrine of Consideration? 7 Promises the Law Will Not Enforce: For Want of Capacity Corporations and their Contracts The Contractual Capacity of Drunks, the Insane and Married Women Contracts on which Minors are Liable Contracts not Binding on Minors Equitable Remedies against Minors 8 Promises the Law Will Not Enforce: For Want of Form Contracts that Must be Evidenced in Writing The Equitable Doctrine of Part Performance Contracts of Guarantee and Contracts of Indemnity Other Contracts that Need to be in Writing 9 Promises the Law Will Not Enforce: Illegality The Nature of Illegality The Effect of Illegality on Contracts Contracts in Restraint of Trade Agreements between Traders Other Contracts which it is Contrary to Public Policy to Enforce Gaming and Wagering Contracts The Statutes and Gaming and Wagering 10 Misrepresentation, Duress and Undue Influence The Nature of a Misrepresentation The Effect of a Misrepresentation The Misrepresentation Act, 1967 Duress and Undue Influence 11 Unilateral Contracts Must the Promisee Know? Can the Promisor Withdraw? 12 Contracts of Mutual Obligation Is Offer and Acceptance Essential? Invitations to Treat The Relationship of Tenders to Offers The Lapsing of Offers The Revocation of an Offer The Rejection of an Offer The Effect of Death on Offers and Acceptances Acceptance of the Offer The Mode of Acceptance Mistake and the Effect on Synallagmatic Contracts Implied Terms Exemption and Limitation Clauses Discharge of Contractual ObligationsBook III: The Sale of Goods 13 The Transference of Ownership Nemo dat quod non habet Transfer of Title and the Consequences 14 The Terms of the Contract of Sale Conditions, Warranties and Fundamental Breaches Implied Terms as to Title Implied Terms as to Quality 15 The Rights of an Unpaid Seller The Unpaid Seller's Lien The Right of Stoppage in Transitu The Right to Re-sell 16 International Trade in Goods Making the Contract Export Trade Terms 17 Hire Purchase and Similar Transactions True Hire Purchase Contracts Conditional Sale Agreements Credit Sale Agreements Acts of Parliament and Vendor Credit Transfer of Title The Hire Purchase Act, 1965 Dealers' Liability in Hire Purchase Transactions Finance Companies' Liability to the Hirer The Statutory Copies and the Right to Cancel The Owner's Right to Terminate The Hirer's Right to TerminateBook IV: Carriage and Insurance 18 Carriage by Land The Common Carrier Carriage by Rail Carriage by Road 19 Carriage by Sea Charterparties Bills of Lading 20 Carriage by Air Documentation for Air Freight 21 Contracts of Insurance The Insurable Interest Formation of Insurance Contracts Claims on Insurance Policies Life Insurance Fire Insurance Marine InsuranceBook V: Assignments, Negotiable Instruments and Securities 22 Assignments of Contractual Rights Legal Assignments Equitable Assignments 23 Negotiable Instruments The Nature of Negotiability What is a Bill of Exchange? Acceptance and Non-Acceptance of Bills of Exchange The Holder in Due Course Liabilities of the Parties to a Bill of Exchange Cheques and Bankers Protection of the Paying Banker Protection of the Collecting Banker Promissory Notes 24 Bailment, Liens and Securities The Nature of Bailment The Bailee's Obligations Hotels and Guests' Property Liens Pledge or PawnAppendix One—List of AbbreviationsAppendix Two—Table of CasesAppendix Three—Table of StatutesIndex