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essentials business law
Business Law 9th Edition Sarah Riches, Vida Allen, Denis J. Keenan - Solutions
John is one of the employees of a firm in which you are a partner. He suffers badly from arthritis. He has been employed for ten years. However, he has had a number of absences of two to three weeks’ duration over the past three years.John is employed as a shop assistant and the manager of the
You have recently been appointed the company secretary of Foundry Ltd. The following problems emerge at the first board meeting.(a) The members of the board are concerned as to whether they are taking appropriate steps to communicate with the employees as to how the company is fulfilling its
Monty signalled to a van driver of Python Ltd to stop and asked him to take him to the Grotty Towers Hotel. The hotel was some five miles away from the route which the driver would usually take in the course of his duties, but he nevertheless agreed to give Monty a lift to the hotel. When the
Des and Eric are both employed by a bus company.Des is a bus driver and Eric a conductor. Eric has always nursed an ambition to be a driver and Des has, on occasion, let Eric drive a bus around the depot before other employees turned up for work.Last week, while Eric was having a drive around the
In connection with the provisions for maternity leave and statutory maternity pay:(a) What is the maximum leave entitlement?(b) What is the amount of maternity pay?(c) For how long must the claimant have been continuously employed?
How is the relationship of employer and worker established?
Jane Smith is in her final year at Southtown High School where she is studying for eight GCSEs. During her time at the High School Jane has been mistaken for another pupil, Jayne Smith. Jayne Smith is a troublesome pupil who has been suspended on a number of occasions for poor behaviour. Jane Smith
Last week James, aged 21, was walking home from a party. It would be fair to describe his condition as drunk. When James was passing by the local park he vaguely remembered that the Barchester Council which owned the park ran an open-air swimming pool and, although it was mid-December and freezing
Wharf Ltd occupies office premises in the High Street. Next to the office premises is a parking space for ten cars. The parking space is on land owned by Canary Ltd, which has office premises adjacent to it.For some 30 years the managing director and finance director of Wharf Ltd and their
Bob and Jane run a newsagents’ shop. They have just acquired a computer to help them run the business more efficiently. They anticipate that they will use the computer for the following purposes:stock control, calculating the wages of their paper-boys and girls and customer records.Will Bob and
Distinguish a trade mark from a service mark. How are trade and service marks protected?
Jane’s father has died. He left her by his will the copyright in a very successful novel which he wrote five years before his death.For how long will the publishers pay royalties to Jane?
If you had registered a patent and a design, for how long would registration protect you, and what remedies would you have if someone infringed your rights?
Anton is the owner of the Napoli restaurant. He engaged Edgar, a builder who was made redundant by Bodge Builders Ltd but has recently started up his own business, to renovate the restaurant.On Monday, the day before Anton re-opened the restaurant to the public, he invited the mayor and his wife,
Explain what is meant by an easement. How does an easement differ from a profit? Give two examples of each.
John wants to buy a house. He tells you that he has seen some advertised as ‘freehold’ and some as‘leasehold’.Write a note explaining these terms stating how he would be affected as a buyer in each case.
Explain the difference between real property and personal property. What kinds of personal property are there?
Your friends have just returned from a holiday in Spain complaining bitterly about a catalogue of disasters which occurred, namely:■ 24 hours before departure your friends received a telephone call from the tour operator to say that the hotel was overbooked and it would be necessary to transfer
Outline the powers available to protect consumers.
What are the advantages and disadvantages of arbitration as a mechanism for resolving consumer complaints?
What matters should you consider before deciding to sue a trader?
How have the Package Travel etc. Regulations 1992 improved the rights of consumers in relation to package holidays?
If you had a consumer problem, where could you go to obtain advice and assistance?
What contribution has the EC made to the law of consumer protection?
What justification could you give for providing special protection for consumers?
How would you define a consumer for the purposes of framing protective legislation?
Wesley agrees to take a car on HP from Tite Finance Co Ltd for a total HP price of £6,500, made up of a deposit of £1,700 plus 24 monthly payments of £200.(a) The company receives a letter from Wesley terminating the agreement because he has lost his job. What will Wesley have to pay if he
‘Consumers need clear, consistent information to be able to make informed comparisons between the plethora of [credit] products currently available to them’ DTI (2003), Fair, Clear and Competitive – The Consumer Credit Market in the 21st Century p 5.Evaluate the adequacy of the provisions of
Gerald buys a new DVD player. After two weeks’use, the player stops working. What are his rights, and against whom, if the purchase was financed in the following ways:(a) cash payment direct to the retailers, Viewscene Ltd;(b) bank credit card;(c) HP arranged by Viewscene Ltd with Eazimoney
Using the terminology of the Consumer Credit Act 1974 contained in List A below, describe the credit transactions in List B below.List A:(a) DCSA;(b) DCA;(c) restricted-use credit;(d) unrestricted-use credit;(e) fixed-sum credit;(f ) running-account credit;(g) credit token agreement;(h) regulated
What are the points of similarity between HP and credit sale? What are the differences?
What forms of credit would be available for the following purchases:(a) furniture;(b) clothes;(c) a car;(d) a house?What kinds of institutions would provide the credit?
What kinds of credit are likely to be used by:(a) a typical family;(b) a sole trader;(c) a limited company?
(a) State and explain what offences have been committed in the following events at the Eatmore Supermarket. (i) John, an assistant in the florist’s section, picks some wild roses growing on a nearby common and sells them in the florist’s section and keeps the proceeds of sale.(ii) Maisy, a
‘A survey of price movements shows clearly that there is a tendency for the price of shares in bid-for companies to rise sharply before the announcement of takeover bids, which is evidence of “inside buying”.’On the assumption that the above statement is true, what measures have been
John found a diamond ring at the local disco. He put it in his pocket thinking he might find the owner but then forgot about it. He was told two days later that the ring belonged to Jane. He rang her to say he had it, but, because at that moment she was going off on a business trip, she asked him
Margaret visits her local butcher, Chops Ltd, and buys 1 kg of Chops Ltd’s own sausages, a pork pie bought in by Chops Ltd from a local pie manufacturer and 500 g of extra-lean minced beef, which is 25 per cent more expensive than ordinary minced beef. When Margaret and her family eat the food
Skaters Ltd, a manufacturer of skateboards, supplies several hundred skateboards to retailers throughout the country in preparation for the Christmas market.It soon becomes apparent that the design of the skateboard is defective. Several children are injured attempting to execute 180-degree turns
David is the author of a guide to British cafés and snack bars. During the course of a year he travels considerable distances in his car pursuing his researches and consequently he changes his car regularly every 12 months. After three months’use David’s current car develops a fault with the
How, if at all, would you justify the use of the criminal law to control unfair trading practices? What are the advantages and disadvantages of imposing strict liability for criminal offences in the field of consumer protection?
Brenda runs a small guesthouse in Morecambe and buys a new Cindy Microwave Oven from Electrical Superstores Ltd, a thriving electrical warehouse dealing in new and reconditioned goods. She pays the price of £350 by using her credit card. At the time of purchase, Brenda signs a form which includes
Mr and Mrs Sharp decide to buy a holiday cottage at Cliffville-on-Sea. They approach the Beach Building Society for a mortgage. The building society instructs ABC Valuers and Surveyors to carry out a mortgage valuation. ABC send their staff valuer, Sandy, to carry out the survey. Despite evidence
Percy Brown’s grandchildren club together to buy him a ‘fully guaranteed’ Warmglo Deluxe electric blanket for his 80th birthday. As the winter evenings draw in, Percy decides that he would be warmer in bed with his new electric blanket than in his draughty sitting room. He establishes a
Ian and John, employees of Oldtown Council, carelessly erect a temporary grandstand overlooking the finishing line at the council-owned sports arena. The grandstand collapses during an athletics event, fatally injuring several spectators.Discuss the civil liability of Ian and John and their
Devise practical steps that might be taken by a person wishing to avoid liability for professional negligence.
Steven, an accountant, returning from his office, calls into a pub for a relaxing drink. He bumps into Paul, an old school friend, whom he has not seen for many years. During the course of the conversation over a number of pints, it emerges that Paul has recently inherited a substantial sum of
‘Death, injury and loss from manufacture is a commonplace in our society, but compensation for it is pure roulette . . .’, Sunday Times, 27 June 1976.Discuss with reference to the law as it stands at present. How did implementation of the Consumer Protection Act 1987 improve the rights of
In what circumstances does the law impose liability on a person who is not at fault? How can liability without fault be justified?
Explain what remedies are available to a buyer of defective goods under sale of goods legislation.
Sandra, who runs a flourishing florist’s shop, decides to replace the van which she uses for making deliveries. She attends a long-established street market in used cars, where she sees a van with a notice in the front window which reads: ‘For Sale.1999 Bedford van’. After a thorough
Mr and Mrs Carter decide to install double-glazing in their house. They get three firms to provide‘estimates’ for the job, the cheapest (£4,000) being submitted by Kozee Ltd, which they ask to do the work. The Carters sign a contract, but the document does not mention the price payable for the
Fred recently obtained a 24-inch remote control colour TV set. What are Fred’s rights and the source of these rights in the following circumstances?(a) Just as he is sitting down to watch ‘Match of the Day’, there is a flash and a puff of smoke from the back of the TV and the screen goes
Luigi owns an Italian restaurant. He has experienced a few problems with recent deliveries from his suppliers and he seeks your advice.(a) He orders 500 tins of Italian tomatoes. The supplier delivers 400 tins of Italian tomatoes and 100 tins of Greek tomatoes.(b) He orders 10 kg of parmesan
Greenacres, a firm of estate agents, decides to give its image a face-lift by refurbishing its reception area. Greenacres places the contract with a local company, Office Style Ltd, which agrees to supply the following items:(a) six easy chairs and matching coffee table selected from Office
Consider whether the following statements are true or false:(a) If a manufacturer gives a guarantee with his goods, he will be bound to the end-user to meet the terms of the guarantee – True/False?(b) The statutory implied conditions of satisfactory quality and fitness for purpose only apply to
Tony, the owner of a London-based manufacturing company, has to attend an important business meeting in Edinburgh on Monday. He is virtually certain to be awarded a lucrative contract for his company if he keeps the appointment. He books a flight on-line with PlanesRus. The booking conditions
‘It is indisputable that unless all the material terms of the contract are agreed there is no binding contract.An agreement to agree in the future is not a contract;nor is there a contract if a material term is neither settled nor implied by law and the document contains no machinery for
Angela buys an ‘Onion’ personal computer from Future Computers Ltd. She signs a sales note in the shop which states: ‘Any express or implied condition, statement or warranty, statutory or otherwise is hereby excluded’.After a week’s satisfactory use, the ‘Onion’refuses to work.What is
While on holiday at the seaside, Jim agrees to take his family to ‘Fun Park’. He pays £1 to park his car on a car park run by the Strand Council. A notice at the entrance of the car park, which has been partly obscured by overgrown shrubs, states: ‘Cars parked entirely at owner’s risk’.
Paul is looking for a second-hand car when he sees an advertisement in his local evening paper which reads:SLICK CAR SALES LTD Hundreds of used car bargains. Lowest prices you’ve ever seen.Definitely the lowest prices in Britain All cars purchased this month will include Vehicle Tax, Radio,
(a) Explain what is meant by the following saying:‘The terms of a contract must be certain or capable of being made certain.’(b) Consider the legal position in each of the situations given below:(i) Sally, an actress, accepts an offer to play Ophelia in a new London production of Hamlet ‘at a
Explain what is meant by the term ‘standard form contract’.What are the advantages and disadvantages of using standard form contracts in business?
When Eddy gets into financial difficulties, he agrees to sell his farm to Agri-Enterprises Ltd. Eddy is installed as farm manager and the farm continues to trade under its old name, Hill Top Farms. It is agreed that Eddy can enter into contracts on behalf of the company in respect of the day-to-day
Explain the differences between the following:(a) a general agent and a special agent;(b) a mercantile agent and a del credere agent;(c) actual authority and ostensible authority;(d) agency by ratification and agency by necessity.
For each of the examples given below identify:(a) the different kinds of contracts described; and(b) any statutory provisions which apply to them.(i) Fixit Ltd agrees to install gas central heating in Jim Frost’s bungalow for a price of£1,200. £400 is to be paid in advance, with the balance due
Limited Horizons Holiday plc engaged Mandy, a modern languages undergraduate, to act as its representative for its Majorcan Culture holidays for a summer season for a lump sum of £3,000 and all accommodation, food and travelling expenses. A term of the contract requires Mandy to attend a total of
Wreckless Eric, a rock concert promoter, pulls off one of the sensations of the rock world by getting the American rock star, Tex Toucan, to come to Britain to give a six-concert tour to coincide with the release of his latest album. Tex agrees to give his exclusive services to Eric and promises
Wholesome Foods Ltd decided to build an extension to its Newtown bakery to cope with increased demand for its wholemeal bread.The contract is awarded to Bettabuilders Co Ltd, which agrees to complete the work by 1 May.On the strength of the planned increased capacity at the bakery, Wholesome Foods
Kevin is the owner of a small Hull-based firm, which specialises in office removals. He operates with two vans and three employees. He contracts to remove two partners in a firm of accountants, who are moving from their main office in Hull to establish a branch office in Scunthorpe. To minimise the
George is the owner of a confectioner’s shop in Chorley, which is world famous for its unique Chorley Chocolate Bar. The secret recipe for the chocolate bar has been handed down by four generations of George’s family. George himself is a bachelor and, with no one to carry on the business, he
Arthur, the manager of Lookout Cars Ltd, asks his young assistant, Terry, to look after the business while he is away on holiday. It is an eventful week for Terry.(a) Early Monday morning Terry sells a secondhand Escort to Doris. The car had been advertised in the local press as follows: 93 (N)
months’ interest-free credit.(d) She sets up a home catering business and immediately agrees to cater for 100 people attending a 21st birthday party for a price of£500. She insists on £100 deposit. As the day for the party approaches, she finds that she has taken on too much work for one
Kathy, aged 17, decides to leave home because she does not get on with her parents. Over the next three weeks she enters into the following agreements:(a) She borrows £500 from her older brother to tide her over until she can find a job.(b) She takes a two-year lease on a bed-sit, paying three
What formalities, if any, must be completed for the following contracts?(a) a guarantee for a bank overdraft;(b) the sale of a second-hand car;(c) a contract of employment;(d) the lease of a house for 21 years;(e) a promise to pay £50 a year for the next five years to a charity.
Jeremy, a prosperous City trader, decides to pay for his parents, Bill and Irene, to go on holiday to celebrate their silver wedding anniversary.Jeremy enters into a contract with Sunset Cruises, to provide his parents with a deluxe cabin for a two-week cruise round the Caribbean. Bill and Irene
John, a plumber, installs a new bathroom for Mr and Mrs Bolton for an agreed price of £500.Five weeks after sending the bill John still has not received payment. He rings the Boltons and speaks to Mrs Bolton. She says that she is unhappy about the quality of John’s work, which she claims is only
Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns she says to him, ‘I’ll give you £50 for your work.’Can Ted enforce the
Lynx Cars Ltd, the manufacturer of a revolutionary fuel-efficient small car, enters into a five-year dealership agreement with Roadstar Ltd, a northern-based company of car dealers, in November 2008. A clause in the agreement states:‘This agreement is not intended to be legally binding but the
On 13 September, Fiona, a newly qualified dentist, receives the following note from her uncle: 10 Park Street LONDON Wl A54 Dear Fiona We talked some time ago about your buying some of my dental equipment when I retire from my London practice at the end of this month. I am prepared to let you have
Analyse the following transactions in terms of offer and acceptance:(a) filling a job vacancy;(b) parking a car in a multi-storey car park;(c) taking a bus ride;(d) buying a cup of coffee from an automatic vending machine;(e) buying a packet of soap powder from a supermarket;(f) buying an antique
Are these statements true or false?(a) Most of the law of contract can be found in Acts of Parliament.(b) All contracts must be in writing.(c) Conveyances of land must be in the form of a speciality contract.(d) The absence of an essential element will always render a contract void.
Make a list of all the agreements you made(a) today, and (b) yesterday. Identify which agreements are contracts and explain why they are legally binding.
Corporate insolvency: a case study Trent Ltd is a small company. John and Paul are the shareholders and the company’s overdraft with the Barchester Bank plc is secured by a floating charge on the whole of the company’s undertaking.Problems have arisen within the company. Trent Ltd is
Although the directors have the general power to manage the company, power to carry out certain functions is given to the shareholders either in general meeting or by written resolution. State and explain these shareholder powers.
(a) How may and when must a company change its name?(b) Dodgy Computers Ltd is registered for the purpose of acquiring the business of John who has been trading under the name of‘Supercomputers’. The company will operate the business under that name.What statutory rules must the company comply
In relation to corporate insolvency distinguish between an administrator and a liquidator.
(a) How is the voluntary winding-up of a company brought about?(b) What decides whether a voluntary winding-up is controlled:(i) by the members, or(ii) by the creditors?
As Secretary of Ouse Ltd write a memorandum for the Board explaining the differences between raising finance:(a) by an issue of shares;(b) by an issue of unsecured loan stock;(c) by an issue of debentures secured by a floating charge over the company’s asets; and(d) by an issue of preference
Derwent Ltd has suffered declining profits for four years. The directors have not declared a dividend for three years and in order to avoid facing the shareholders did not call an AGM last year.Eric, who holds shares in Derwent, has got together with some of his fellow shareholders to form a group
The articles of association of Trent Ltd state that Cyril and David are appointed until aged 60 as Company Secretary and Chief Accountant respectively at salaries of £30,000 per annum.Cyril and David took up their posts five years ago, when they were 35 and 40 respectively.(a) Cyril has received a
Able and Ben are the promoters of Wye Ltd and are the two subscribers to the memorandum. The documents required to be sent to the Registrar of Companies in order to obtain the incorporation of Wye Ltd are ready to go. One of Wye Ltd’s objects is to acquire the business of John Wye. John is
Charles retired as a partner from Adam & Co two years ago. The firm has carried on business under the two remaining partners Adam and Bernard.Three months ago Adam and Bernard ordered new office equipment using old notepaper bearing the names of all three partners. The firm is unable to pay the
Arnold, Bill and Cuthbert have carried on business as an unlimited partnership for several years. They have had many disagreements largely because, according to Arnold and Bill, Cuthbert has totally disregarded the terms of the partnership agreement.They have now written to Cuthbert in the
You have been appointed as partnership secretary in the firm of Jones, James & Pitt, Chartered Accountants. The partnership articles appear on pp 139–43. The following problems emerge over a number of partners’ meetings:(a) John Jones soon became unhappy about his future prospects. He retired
Fred is a new partner in Gee & Co, a firm of interior designers. In discussion at a recent meeting of the partners Fred was told that the office building at which the firm is based is not partnership property.Explain to Fred:(a) what is meant by the expression ‘partnership property’;(b) what
Cliff has been asked by his friends, Don and Eric, to help them set up an antiques business. Don and Eric want Cliff to lend them £5,000 and they say they will give Cliff one-third of the profits instead of interest on the loan.What are the dangers to Cliff in such an arrangement and how can he
Joe is a solicitor employed by Bloggs & Co. There are two partners, Harry and Ian. Ian is intending to retire and it has been decided that Joe should replace Ian as a partner, with Harry carrying on as a partner.Explain to each of Joe, Harry and Ian what steps each should take to protect himself as
Adam Smith, a grocer, comes to you for advice on his finances. What advice would you give him in terms of each of the following questions which he asks you?(a) ‘Times have been very hard for me lately.I owe so many people so much money. I could probably pay my creditors, say, half of what I owe
Old John Brown has been in business as a furniture remover in Barchester since 1975. Last year young John Brown moved to Barchester and has started up a furniture removal business in his own name. Can old John Brown stop him?
Your friend, Fred, intends to go into business on his own as a timber merchant under the name of‘County Council Supplies’. What could happen to Fred if he does this?
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