|Book||Nutshell: Business Law 3rd Edition||07/01/2011||9780455228471||$25.20|
Lawbook Co. Nutshells are the essential revision tool: they provide a concise outline of the principles for each of the major subject areas within undergraduate law.
Written in clear, straight-forward language, the authors explain the principles, and highlight key cases and legislative provisions for each subject.
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ASIC Digest: Paper
From: (2011) 31 Qld Lawyer 139
Reviewed by: Emma Forbes
Nutshell: Business Law is a 330-page, notebook-sized paperback yet covers the essentials of business law. Specifically designed for students, it is intended for use as a revision tool or as an introduction for those studying this area of law for the first time. The authors acknowledge that the text is an overview and no substitute for a textbook. The text would also be useful for those who are outside the legal profession yet eager to know basic business law principles and also for those who like to have an easy to read reference tool at their fingertips.
The text is divided into eight parts such as “Part V Business Organisations” and “Part VII
Property” which are then divided into chapters, 23 in total. Key areas are covered such as contracts,
consumer law, torts and financial transactions. The chapters are suitably named, eg “Insurance” and
“Debt Recovery and Bankruptcy”, so one can peruse the table of contents to find the relevant chapter
and therefore the relevant legal principles with ease.
Chapter 1 is properly titled “Introduction to the Australian Legal System”. It includes definitions
of key terms and an outline of the legal system including sources of law, precedent and the court
system. While on the face of it, the content is somewhat basic, it is suitable for an introductory chapter
to an introductory text and invaluable for those new to the law.
Chapter 2 is “Ethics”. Ethics is without a doubt an important component of legal practice but
consistent with the aim of the text, the chapter is tailored to business with a focus on basic business
ethics such as good faith in contract law and conflicts rather than professional legal ethics.
Contracts are covered in four chapters. These chapters address the basic principles of the
formation of a contract and set out the legal principles with an easy to understand explanation. With
subheadings in bold and paragraphs breaking up the page into sections, the page is appealing to the
eye and easy to navigate. One may say that paragraph numbers may help but they could also disrupt
the flow of the book. Chapter 3, “Intention to Create Legal Relations” contains an introductory
paragraph explaining the key points and law. The chapter then addresses specific situations, eg social and domestic agreements, voluntary agreements and business or commercial agreements. The key points are sometimes set out in bullet points so they are clear and concise.
The third edition of this text, its publication is timely as it updates the previous edition (2006) and
takes into account the recent 1 January 2011 changes to Australian consumer law.
Chapter 7 “Sale of Goods” discusses the new consumer legislation Competition and Consumer
Act 2010 (Cth) (the new name of the familiar Trade Practices Act 1974 (Cth)) and the establishment
of the Australian Consumer Law, a single national consumer law set out in Sch 2 of the new Act. The
chapter looks at the effects of those changes including the new statutory consumer guarantees and the elimination of the distinction between conditions and warranties. It will equip those unaware or
unfamiliar with the changes in a straightforward manner as well as providing an outline of current
consumer law for those new to this area.
Chapter 8 “Consumer Protection Law” sets out the essential legislative provisions and also
relevant explanations. It covers a range of topics such as product liability, product safety and lay-by
sales, providing an overview of this area of law. Of particular help is the reference to the former
sections of the Trade Practices Act 1974 (Cth), in brackets next to the new sections of the Competition and Consumer Act 2010 (Cth). This is helpful to those familiar with the old scheme and also for cross reference purposes with texts still to be updated to reflect the name change.
To further enhance the use of the text as a useful reference tool, there is a comprehensive index.
Notably there is no list of authorities and cases are not mentioned in the index, however this text does not attest to be a text of case summaries, rather a text of legal principles and the citation of cases is to reference those principles.
The text sets out some complex legal principles in easy to understand language and a well structured format and is a useful introductory text and reference tool.
Table of Contents
2 Business Ethics
3 Creating a Contract
4 Validity of the Contract
5 Contents of the Contract
7 Sale of Goods
8 Consumer Protection Laws
9 Credit Legislation
10 Restrictive Trade Practices
11 E-Ccommerce Law
14 Employment and Industrial Law
16 Non-Corporate Business Structures
19 Negotiable Instruments
20 Debt Recovery and Bankruptcy
22 Intellectual Property
23 Law of Torts
- (2011) 31 Qld Lawyer 139 [PDF 41980]