Business Law

Sections 17 to 36 of the Act treat with anti-competitive practices

The Fair Competition Act of 1993 is two fold - It regulates the competitive environment and it seeks to provide consumer protection.

Speciality Contract. Concerned with when the transfer of the property in the Goods passes from the Seller to the Buyer. What is a Sale? What is an Agreement to Sell?

Having established a valid contract, how does that contract come to any end? A contract may be discharged by Performance, Agreement, Frustration and Breach. With respect to the latter, the issue of Remedies arise.

Consideration. What constitutes good consideration. Executors, Executed and Past Consideration. The Rule in Pinel's Case and the exceptions to the rule of Past Consideration.

Distinction between Offer and Invitation to Treat, Termination of Offer, Acceptance

There are five elements of contract formation, namely valid offer, valid acceptance, good consideration, intention to be legally bound and capacity. In this session we are exploring what constitutes a valid offer and how that is distinct from an invitation to treat.

In Part 1 we looked at Mistake as a vitiating factor. Here we turn our focus to Misrepresentation. We are concerned with typology, effect and remedies. The extent and the limitation of those remedies.

Having established a valid contract and what are the express, implied or intermediary terms of that contract, the questions is can anything render such a contract invalid and if yes, what are those factors? What remedies are available? What is the typology of the vitiating factors?

Having established the elements of a valid contract we now turn our attention to the content of the contract. What are the Express and or implied terms to which the parties have bound themselves to perform. If the fail so to do, what are the consequences?

The intention to be legally bound is at the heart of contract formation. This is and objective test taking into account whether the Agreements are Domestic or Commercial. Less emphasized is the capacity to contract, is the person an adult or minor of sound or unsound mind. Sober or drunk?

A promise is only legally binding if it is made in return for another promise or act I.e. it is part of the bargain.

In these episodes we look at the elements of Contract formation, namely:- valid offer, valid acceptance, good consideration, the intention to be legally bound and the capacity to contract.

The Court system is hierarchical in structure that is, it's top down. The decisions of the higher Courts are bringing on lower courts. There is a three tierd system of appeals with the Privy Council occupying the highest appellate jurisdiction. The Caribbean Court of Justice is the highest in relation to it's original jurisdiction. Eventually it will replace the Privy Council as a final court of appeal.

The Doctrine of Judicial Precedent is the basis on which cases are decided by the court. The decision in a previous case is binding on a subsequent case provided the facts are similar. Precedent ten to be binding, persuasive or highly persuasive depending on the Court from which the decision emanates or the jurisdiction in which the Court sits.

The Constitution is the supreme law of the land. All other laws must be consistent with it or will be deemed null and void. Its provisions have varying degrees of protection by a range of mechanisms, such as, entrenchment, delay procedures, special formulae, special majorities, senate veto and referendum. The approach to interpreting Constitutional rights enforcement has shifted from a negative or restrictive one to a more assertive and positive posture. The Constitution is founded on the principles of separation of power.

Custom as a source of law must have been in existence since time immemorial, certain, continuous, obligatory and mutually enjoyed, inter alia.

This course surveys some aspects of law and legal systems of Jamaica and to some extent the Anglophone Caribbean as it relates to the everyday conduct of business. It is a foundation law course for business students.