Summary
Law for Business Students
Chapters 2, 3, 5-10, 14, 16, 25
Anika Ochel
Chapter 2 The nature of law 01
Chapter 3 How the law is made 03
Chapter 5 The law of contract: offer and acceptance 06
Chapter 6 The law of contract: consideration, intention and privity 07
Chapter 7 The terms of the contract 08
Defects in the contract: misrepresentation, mistake, duress
Chapter 8 11
and undue influence
Chapter 9 More defects: illegality and incapacity 13
Chapter 10 Discharge of the contract and remedies for breach 14
Chapter 14 Tort liability for defective goods 16
Chapter 16 Tort liability for premises 18
Statutory intellectual property protection: copyright, designs,
Chapter 25 20
patents and trade marks
, The nature of law
law: a body of rules (commands aimed at regulating behaviour), created by the state, binding
within its jurisdiction (law of any country is binding only within its territory) and enforced
with the authority of the state through the use of sanctions.
characteristics of English law: little influenced by the Roman law, English judges are bound to
apply precedent, procure in English courts is largely adversarial (it’s about proving facts
rather than discovering truth, function of judges in Europe is more inquisitorial)
Why do we need law?
1. constitutional law: provide governmental structure and legislative procedures
2. administrative and revenue law: provide public services and raise taxes to pay for them
3. administrative, civil and criminal law: regulate and promote economy
4. criminal law: promote public order, preserve national security
5. civil law: to individuals personal rights and duties
law of contract: arise civil law duties through agreement between parties
law of tort: duties being imposed directly
6. law of contract, law of property and succession, company and partnership law, family
law: give legal validity to approved relationships and transactions
differences between criminal law and civil law
criminal law civil law
purpose purpose
regulates behaviour perceives as gives legal rights to individuals to
being antisocial and dangerous govern their formal and informal
relationships with each other
provides machinery by which the provides the means by which they
state may take actions against may enforce the rights arising from
offenders these relationships
prodecure procedure
generally started by the police, but civil proceedings are taken against
some legislation is enforced by other the alleged lawbreaker by the party
agencies like local authorities who claims that they have been
wronged
Exceptionally, a private prosecution The case may not go to trial even if
may be brought by an individual. The proceedings are started. Most civil
victim usually plays no part in the law claims are settled out of court
decision to prosecute without any threat of legal action. In
many others, the proceedings are
abandoned before trial.
once started, a case will proceed to most civil cases are heard in the
trial in the magistrates’ court to the county court and the High Court and
Crown Court in certain specialised tribunals
the prosecution must prove that the the claimant must prove that the
accused is guilty beyond all defendant is liable on the balance of
reasonable doubt probability
1
Summary Law for Business Students – Anika Ochel
, penalties penalties
focus on the accused and the need focus on the needs of the cistim and
to protect society against criminal generally require the wrongdoer to
conduct pay damages, which are often
covered by insurance
the ultimate aim is to punish the Exceptionally, the court – by
criminal, while protecting society injunction or other equitable remedy
from future anti-social conduct – may require some practical
correction of the wrong. This is
usually in domestic violence cases.
A penalty may be used to contain
criminals by depriving them of their
freedom, or to rehabilitate them; it
may be intended to deter them or
others from committing future
crimes.
2
Summary Law for Business Students – Anika Ochel
Law for Business Students
Chapters 2, 3, 5-10, 14, 16, 25
Anika Ochel
Chapter 2 The nature of law 01
Chapter 3 How the law is made 03
Chapter 5 The law of contract: offer and acceptance 06
Chapter 6 The law of contract: consideration, intention and privity 07
Chapter 7 The terms of the contract 08
Defects in the contract: misrepresentation, mistake, duress
Chapter 8 11
and undue influence
Chapter 9 More defects: illegality and incapacity 13
Chapter 10 Discharge of the contract and remedies for breach 14
Chapter 14 Tort liability for defective goods 16
Chapter 16 Tort liability for premises 18
Statutory intellectual property protection: copyright, designs,
Chapter 25 20
patents and trade marks
, The nature of law
law: a body of rules (commands aimed at regulating behaviour), created by the state, binding
within its jurisdiction (law of any country is binding only within its territory) and enforced
with the authority of the state through the use of sanctions.
characteristics of English law: little influenced by the Roman law, English judges are bound to
apply precedent, procure in English courts is largely adversarial (it’s about proving facts
rather than discovering truth, function of judges in Europe is more inquisitorial)
Why do we need law?
1. constitutional law: provide governmental structure and legislative procedures
2. administrative and revenue law: provide public services and raise taxes to pay for them
3. administrative, civil and criminal law: regulate and promote economy
4. criminal law: promote public order, preserve national security
5. civil law: to individuals personal rights and duties
law of contract: arise civil law duties through agreement between parties
law of tort: duties being imposed directly
6. law of contract, law of property and succession, company and partnership law, family
law: give legal validity to approved relationships and transactions
differences between criminal law and civil law
criminal law civil law
purpose purpose
regulates behaviour perceives as gives legal rights to individuals to
being antisocial and dangerous govern their formal and informal
relationships with each other
provides machinery by which the provides the means by which they
state may take actions against may enforce the rights arising from
offenders these relationships
prodecure procedure
generally started by the police, but civil proceedings are taken against
some legislation is enforced by other the alleged lawbreaker by the party
agencies like local authorities who claims that they have been
wronged
Exceptionally, a private prosecution The case may not go to trial even if
may be brought by an individual. The proceedings are started. Most civil
victim usually plays no part in the law claims are settled out of court
decision to prosecute without any threat of legal action. In
many others, the proceedings are
abandoned before trial.
once started, a case will proceed to most civil cases are heard in the
trial in the magistrates’ court to the county court and the High Court and
Crown Court in certain specialised tribunals
the prosecution must prove that the the claimant must prove that the
accused is guilty beyond all defendant is liable on the balance of
reasonable doubt probability
1
Summary Law for Business Students – Anika Ochel
, penalties penalties
focus on the accused and the need focus on the needs of the cistim and
to protect society against criminal generally require the wrongdoer to
conduct pay damages, which are often
covered by insurance
the ultimate aim is to punish the Exceptionally, the court – by
criminal, while protecting society injunction or other equitable remedy
from future anti-social conduct – may require some practical
correction of the wrong. This is
usually in domestic violence cases.
A penalty may be used to contain
criminals by depriving them of their
freedom, or to rehabilitate them; it
may be intended to deter them or
others from committing future
crimes.
2
Summary Law for Business Students – Anika Ochel
