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Author:   Howard J. Fuller (University of Wolverhampton, UK)
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.750kg
ISBN:  

9780415370042

ISBN 10:   0415370043
Pages:   320
Publication Date:   13 December 2013
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

DETAILED CONTENTS Foreword xi How to use this book xii Educator resources xv MyBusLawLab xvi Preface xviii About the authors xxii Key to case report abbreviations xxiii Table of cases xxiv Table of statutes xxx PART 1 THE LEGAL FRAMEWORK 1 CHAPTER 1 Legal Foundations 2 Introduction 3 What is law? 5 Are rules always law? 6 Characteristics of a legal system 6 Sources of the law? 8 Classification of laws 8 Major and minor types of laws in the Australian legal system 14 CHAPTER 2 Origins of Australian Law 20 Background 21 Origins of Australian law 22 Commonwealth and state powers 31 Separation of powers 41 CHAPTER 3 Legal Systems 45 What are the roles of the police and the courts? 46 Origins of the courts 48 Original and appellate jurisdiction 49 The state and territory court hierarchies 49 Criminal jurisdiction of the inferior courts 51 Federal courts 55 Abolition of appeals to the Privy Council 58 Features of a court hierarchy 59 Alternative methods to courts 59 Judicial and quasi-judicial tribunals 63 The ombudsman 70 The adversary system 72 The parties 73 The legal profession 75 The judiciary 77 The jury 77 Representative or class actions 78 CHAPTER 4 How Law is Made: Precedent/Statute Law 85 Sources of law 86 Finding cases 87 Case law (precedent) 90 Legal cases as precedent 93 Statute law 97 Methods of statutory interpretation 103 PART 2 CIVIL LIABILITY 115 CHAPTER 5 Civil Liability: The Law of Torts and Negligence 116 The law of torts 117 Some general principles of tortious liability 117 Time periods for tort actions 120 Negligence 122 Negligence and harm 122 Elements of negligence 123 CHAPTER 6 Applications of Negligence to Business 158 Occupier's liability 159 Categories of negligence 170 Criminal negligence 183 PART 3 LAW OF CONTRACTS 189 CHAPTER 7 Introduction to Contracts 190 Sources of contract law 191 Contract and agreement distinguished 191 The law of contracts 192 Creation of an apparent simple contract 193 Classification of contracts 195 Classification according to formal or simple contracts 198 Contracts and e-commerce 201 CHAPTER 8 Agreement Between the Parties 205 Step 1: Is there agreement between the parties? 207 The conventional approach: rules relating to off er 211 Termination of off er 222 Rules relating to acceptance 227 Rules as to contracts by post 231 Instantaneous communication 234 CHAPTER 9 Intention to Create Legal Relations 239 Step 2: Is there intention to contract? 241 Non-commercial agreements-agreements lacking serious intention 245 Commercial or business agreements 253 The statutory position 257 CHAPTER 10 Consideration 260 Step 3: Is consideration present? 261 Consideration defined 261 Essential rules for consideration 262 Promissory estoppel 273 CHAPTER 11 Capacity of the Parties 279 Step 4: Determining validity: Do the parties to the contract have full contractual capacity? 280 Infants (or minors) 281 Corporations 289 Bankrupts 290 Mentally unsound and intoxicated persons 290 Married women 291 CHAPTER 12 Genuine Consent 294 Step 5: Is there genuine consent? 295 Misrepresentation 308 Duress and undue influence 316 Unconscionable (unfair) contracts 321 CHAPTER 13 Legality of Object, or is the Contract Legal? 328 Step 6: Is the contract legal? 329 Void and illegal contracts distinguished 329 Contracts affected by statute 330 The common law position 333 CHAPTER 14 Terms of the Contract 347 Express terms 348 Collateral contracts 352 How important is the term? 355 Implied terms 362 Meaningless terms 365 Exception, exemption or exclusion clauses or terms 366 CHAPTER 15 Rights and Liabilities of the Parties, Discharge and Remedies 385 Privity of contract 386 Assignment 389 Discharge 390 CHAPTER 16 Remedies in Contract 411 Remedies at common law 413 Equitable remedies 429 Loss of right to sue 434 PART 4 CONSUMER LAW 437 CHAPTER 17 Consumer Guarantees Implied into Contracts-Consumer Protection 438 An introduction to consumer guarantees 441 Consumer guarantees applying to goods 444 Consumer guarantees relating to the acceptability of goods 446 Where there is no overlap with the Sale of Goods Acts 455 Consumer guarantees relating to the supply of services 456 Consumers' rights concerning guarantees for the supply of goods and services 456 Non-exclusion of implied consumer guarantee 459 CHAPTER 18 Consumer Protection-the Australian Consumer Law 463 Scope of the Australian Consumer Law 464 Chapter 2: General protections under the Australian Consumer Law 466 Misleading or deceptive conduct: ACL: ss 18-19; ASIC Act: s 12DA 468 Prohibition of unconscionable conduct: ACL: ss 20-22; ASIC Act: ss 12CA-CB 477 Specific false representations: ss 29-31, 37 482 Prohibition of other `unfair practices' 487 Safety of consumer goods and product-related services 492 Manufacturer's liability 492 Product liability under the Australian Consumer Law 495 Consumer transactions 500 Enforcement and remedies 501 State consumer protection bodies 505 Regulation of the financial services industry 507 PART 5 BUSINESS ORGANISATIONS AND THE LAW 513 CHAPTER 19 Agency 514 Introduction to agency 515 Distinguished from other relationships 516 Classification of agents 517 Appointment of agents 518 Authority of the agent 521 Duties of agent to principal 525 Rights of agent against principal 530 Liability of agents and principals to third parties 531 Liability of principal and agent in tort 533 Termination of agency 534 Remedies of a principal 536 Some specific c types of agency 536 CHAPTER 20 Other Business-Related Torts 543 Intentional torts 544 Defamation 557 Economic torts 566 Nuisance 572 Statutory torts-breach of statutory duty and statutory nuisance 576 New torts 576 CHAPTER 21 Property and Mortgages 579 Land 580 Goods 581 Distinguish between real and personal property 582 What is the extent of land? 587 Interests in land 588 Methods by which land ownership is established 591 What is a mortgage? 604 Mortgagor's right to deal with the property 605 Remedies of the mortgagee 606 License and lease distinguished 608 Classification according to duration 608 Terms of agreement for lease 609 Terms of a leasing contract 610 Termination of leases and tenancies 610 Can the landlord recover possession of the premises? 611 Residential tenancies legislation 612 Retail tenancies legislation 614 CHAPTER 22 Intellectual Property 620 The concept of intellectual property 621 Copyright 621 Designs 632 Patents 635 Trade marks 638 What is passing off ? 642 Australian Consumer Law-unfair practices 643 Confidential information 644 CHAPTER 23 Ethics and Business Practice 649 The law and morality 650 Morals and ethics 652 Theories of ethics 652 Corporations and ethics 657 Ethical investing 659 Ethical professional advice 660 CHAPTER 24 Criminal Law in a Business Context 669 Sources of the criminal law 670 Differences between criminal law and civil law 670 Classification of offences 671 Criminal procedure 672 Elements 673 Standard of proof 673 White-collar crime 674 Statutory criminal liability in business situations 676 Criminal liability involving companies 680 Cybercrime 680 Civil penalty 681 Glossary of legal terms G-1 Index I-1

Reviews

'Regardless of which side of this historiographic debate readers ultimately choose, Fuller's work pushes scholars to continue to reevaluate our understanding of technology and its ramifications on naval strategy and foreign policy.' -- The Journal of Military History

'Regardless of which side of this historiographic debate readers ultimately choose, Fuller's work pushes scholars to continue to reevaluate our understanding of technology and its ramifications on naval strategy and foreign policy.' -- The Journal of Military History 'Regardless of which side of this historiographic debate readers ultimately choose, Fuller's work pushes scholars to continue to reevaluate our understanding of technology and its ramifications on naval strategy and foreign policy.' -- The Journal of Military History '...Fuller successfully combines an analysis of innovation and change in naval hardware with a wide-ranging and detailed account of the politics of naval supremacy.' -- Professor Miles Taylor, University of York , The Mariner's Mirror 'Howard Fuller's work here has insights for naval thinkers and strategists today.' -- Professor John Kuehn, U.S. Army Command and General Staff College, Naval Historical Foundation 'Howard Fuller...offers a fresh examination of the mid-nineteenth century Royal Navy in a study that synthesizes the interplay of technology, naval strategy and party politics as played out in the era of Viscount Palmerston, British prime minister between 1855-58 and 1859-65. This reviewer...has no reservations in recommending the work. Historians will appreciate a succinct recounting of the transition from sail to steam and its place in broader British affairs.' -- Dr. Joseph Moretz, British Commission for Military History, International Journal of Naval History

'Regardless of which side of this historiographic debate readers ultimately choose, Fuller's work pushes scholars to continue to reevaluate our understanding of technology and its ramifications on naval strategy and foreign policy.' -- The Journal of Military History 'Regardless of which side of this historiographic debate readers ultimately choose, Fuller's work pushes scholars to continue to reevaluate our understanding of technology and its ramifications on naval strategy and foreign policy.' -- The Journal of Military History '...Fuller successfully combines an analysis of innovation and change in naval hardware with a wide-ranging and detailed account of the politics of naval supremacy.' -- Professor Miles Taylor, University of York , The Mariner's Mirror 'Howard Fuller's work here has insights for naval thinkers and strategists today.' -- Professor John Kuehn, U.S. Army Command and General Staff College, Naval Historical Foundation 'Howard Fuller...offers a fresh examination of the mid-nineteenth century Royal Navy in a study that synthesizes the interplay of technology, naval strategy and party politics as played out in the era of Viscount Palmerston, British prime minister between 1855-58 and 1859-65. This reviewer...has no reservations in recommending the work. Historians will appreciate a succinct recounting of the transition from sail to steam and its place in broader British affairs.' -- Dr. Joseph Moretz, British Commission for Military History, International Journal of Naval History

'Regardless of which side of this historiographic debate readers ultimately choose, Fuller's work pushes scholars to continue to reevaluate our understanding of technology and its ramifications on naval strategy and foreign policy.' -- The Journal of Military History 'Regardless of which side of this historiographic debate readers ultimately choose, Fuller's work pushes scholars to continue to reevaluate our understanding of technology and its ramifications on naval strategy and foreign policy.' -- The Journal of Military History '...Fuller successfully combines an analysis of innovation and change in naval hardware with a wide-ranging and detailed account of the politics of naval supremacy.' -- Professor Miles Taylor, University of York , The Mariner’s Mirror 'Howard Fuller’s work here has insights for naval thinkers and strategists today.' -- Professor John Kuehn, U.S. Army Command and General Staff College, Naval Historical Foundation 'Howard Fuller...offers a fresh examination of the mid-nineteenth century Royal Navy in a study that synthesizes the interplay of technology, naval strategy and party politics as played out in the era of Viscount Palmerston, British prime minister between 1855-58 and 1859-65. This reviewer…has no reservations in recommending the work. Historians will appreciate a succinct recounting of the transition from sail to steam and its place in broader British affairs.' -- Dr. Joseph Moretz, British Commission for Military History, International Journal of Naval History

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History and Governance Research Institute, University of Wolverhampton, UK

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