Commercial Law

Commercial Law

Made Simple

1st Edition - January 1, 1972

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  • Author: John Parris
  • eBook ISBN: 9781483183251

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Description

Commercial Law: Made Simple covers the basic principles and concepts of commercial law. The book starts by describing trading entities, such as trading by individuals; corporations; and unincorporated associations, partnerships, and agencies. The book discusses contractual obligations, including topics about the nature and the laws related to contractual obligations, unilateral contracts, and contracts of mutual obligations. The sale of goods is also considered with regard to transference of ownership, the terms of the contract of sale, the rights of an unpaid seller, international trade, and hire purchase and similar transactions. The book further tackles carriage and insurance, assignments, negotiable instruments, and securities. Students taking business studies and courses in law and accountancy and businessmen will find the book an invaluable source of reference and guidance.

Table of Contents


  • Preface

    Book 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 Agency

    Book 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 Obligations

    Book 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 Terminate

    Book 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 Insurance

    Book 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 Pawn

    Appendix One—List of Abbreviations

    Appendix Two—Table of Cases

    Appendix Three—Table of Statutes

    Index






Product details

  • No. of pages: 318
  • Language: English
  • Copyright: © Made Simple 2013
  • Published: January 1, 1972
  • Imprint: Made Simple
  • eBook ISBN: 9781483183251

About the Author

John Parris

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