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Business Law, 3rd Edition
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Business Law, 3rd Edition

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Overview
Published July 2013 (Wiley & Sons)
ISBN: 9781118377840. Soft Cover, 768 pages.
Description

The third edition of James’ innovativetext continues to demonstrate business law principles in a clear and accessible style. 

The objective of a business law subject is to ensure that students acquire sufficient knowledge of the law of business so they can recognise and solve simple legal problems, organise their affairs in order to avoid more complex or serious legal problems and appreciate the connection of legal principles within a range of commercial environments. Because the majority of students are required to study business law as part of either a commerce or business degree, this textbook follows a functional approach to the study of business law rather than doctrinal so the principles of business law are contextualised within a business environment. 

 Business students need to know more than what the law is, they need to know where to find it, how to read it, how to use it and how it impacts on all facets of business. Students who use this textbook will develop a greater awareness of the law and its broad application to business and commercial environments.

Chapter 1 Introducing the law

Introduction 

Law and life 

  Law and personal life 

  Law and business activities 

  Law in the media 

  Law in popular culture 

The nature of law

  Defining law

  The purpose of law  

  The subject-matter of law  

  The changing law  

Justice, ethics and politics 

  Law and justice 

  Law and ethics 

  Law and politics 

The sources of law  

  Law in Australia 

  Law in other countries 

  International law  

The Australian legal system  

  Key characteristics of the system  

  The history of the system

 

Chapter 2 Understanding the Australian legal system

Introduction

The Australian Constitution

  Structure of the constitution

  Federal and State relations

  Regulating the Territories

  Changing the constitution

  The legislature

  The nature of Parliament

  Parliament in operation

 

The executive

  The Crown representative

  The Executive Council and the Cabinet

  The Public Service 

  Delegated legislation

The judiciary

  The Australian court system

  Court procedure

  The doctrine of precedent

  Common law and equity

  Alternative dispute resolution

 

Chapter 3 Exercising legal skills

Introduction

Finding the law

  Legal research

  Primary legal materials

  Secondary legal materials

Reading the law

  The relevant elements

   Interpreting the law

Thinking like a lawyer

  Inductive and deductive reasoning

  How to solve a legal problem

Writing like a lawyer

  Legal writing

  Drafting a letter

  Drafting a simple contract

 

Chapter 4 Causing harm

Introduction

Causing harm

  Criminal liability

  Tortious liability

  Contractual liability

  Statutory liability

 

 

 

  Vicarious liability

Deliberately causing harm to person or property

  Criminal liability

  The tort of trespass

  The tort of nuisance

  The tort of defamation

Carelessly causing harm to person or property

  The tort of negligence

Deliberately causing financial harm

  Criminal liability

  The tort of deceit

  The tort of passing off

  The tort of intimidation

  The tort of interference with contractual       relations

Carelessly causing financial harm

  Harm to the person or property of a third party

  Defective products

  Negligent misstatement

The consequences of causing harm

  Criminal consequences

  Civil consequences

 

Chapter 5 Making deals

Introduction

Contracts

Requirement 1: agreement

  Offer

  Acceptance

Requirement 2: intention

  Presumptions

  Conditional agreements

  Preliminary agreements

  Unenforceable agreements

Requirement 3: consideration

  Breach of collateral contract

  Misrepresentation

  Breach of Trade Practices Act Part V

   Unenforceable promises

Enforcing the contract

  Privity of contract

  Time limits

  Disclaimers

  Unenforceable terms

Remedies

  Rescission

  Damages

  Equitable remedies

  Statutory remedies

The end of the contract

  Agreement

 

Chapter 8 Dealing with agents

Getting someone else to do it

Scope of authority

Express actual authority

  Powers of attorney

Implied actual authority

Apparent authority

Agency of necessity

Authority of ratification

The agent’s duties

Duty to follow instructions

Duty to communicate information

Duty to act personally

Duty of care

Duty to act in the best interests of the       principal

Duty of confidentiality

Duty to account

The agent’s entitlements

Remuneration

Indemnity

Liability of agent and principal

 Personal liability of agent

 Vicarious liability of principal

Concluding the agency

Termination by the parties

Automatic termination

 

Chapter 9 Dealing with consumers and competitors

Introduction

Protecting consumers

Dealing with consumers

  Consumer protection regulation

  Unconscionable conduct

  Misleading or deceptive conduct

  Specific prohibitions

  Product safety and product information

  Manufacturers’ liability

  Consequences of breach

Regulating competition

Dealing with competitors

  Competition regulation

  Key concepts

  Prohibitions

  Authorisations and notifications

  Consequences of breach

  Raise some money

  Take out insurance

Selecting a business structure

  Sole trader

  Partnership

  Company

  Trust

Licences and registration

  Registering the business name

  Complying with licensing requirements

Renting or buying the premises

  Property concepts

  Buying and owning real property

  Leases

Franchising

  What is a franchise?

  The Franchising Code of Conduct

Opening for business

  Shop trading hours

  Setting up a website

 

Chapter 12 Financial matters

Introduction

Borrowing and raising money

  Debt capital

  Equity capital

Making payments

  Cash

  Cheques and bills of exchange

  Credit cards

  Electronic funds transfer

Paying tax

  Forms of tax

  Tax administration

  Tax implications of different business      structures

 Sufficient consideration

  Insufficient consideration

  Deeds

   Promissory estoppel

Enforceability

Lack of consent

  Mistake

  Duress

  Undue influence

  Unconscionability

Lack of capacity

  Minors

  Persons lacking intellectual capacity

Lack of legality

  Illegality under common law

  Statutory illegality

Lack of formality

Lack of authority

  Scope of authority

  The agent’s duties

  Liability of agent and principal

 

Chapter 6 Enforcing deals

Introduction

False representations and broken promises

Terms of the contract

  Express terms

  Implied terms

  Consequences of breach

Statutory terms

  Contracts for the sale of goods

  Terms that protect the buyer

  Terms regarding ownership, delivery, payment, and acceptance

Non-contractual representations and promises

  Parol evidence rule

 

Chapter 7 Protecting IP

Intellectual property law

  Rationale for protection

  Commercialising IP

Copyright

  What is copyright?

  Requirements for copyright protection

  Extent of copyright protection

  Infringement

Trade marks

  What is a trade mark?

  Requirements for trade mark protection

  Extent of trade mark protection

  Infringement

  Unregistered trade marks

Patents

  What is a patent?

  Requirements for patent protection

  Extent of patent protection

  Infringement

Designs

  What is a design?

  Requirements for design protection

  Extent of design protection

  Infringement

Breach of confidence

Information privacy

  What is information privacy?

  Information privacy protection                     

 

Chapter 10  Starting a business

Introduction

Preparation

  Do some research

  Protect the IP

  Prepare a plan

Taking out insurance

  Types of insurance

  Insurance regulation

  Insurance contracts

  Dispute resolution

 

Chapter 11 Business ownership and employment

Introduction

Rights and responsibilities of business owners

  Sole traders

  Partners

  Directors and shareholders of a company

  Trustees and beneficiaries

Employing workers

  The employment relationship

  Duties and obligations

  Employee entitlements

  Tax and superannuation

  Occupational health and safety

  Workers compensation

  Discrimination, harassment and equal opportunity

  Termination of employment

 

Chapter 13 Financial difficulty

Introduction

Financial difficulty: the customer

  Debt recovery

  Consumer credit

Financial difficulty: the business

  Receivership

  Bankruptcy

  Liquidation

  Administration

Closing the business

  Dissolving the business structure

  Selling t

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