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Subject Focus

This month, Law Trove's free chapters come from the Company & Commercial Law Collection. Read around the subject with our varied selection of chapters and gain different perspectives from our range of authors. 

The collection of chapters this month shows off the breadth of our resources in this optional subject area. Chapters are available for non-Law Trove subscribers to access until 30 September 2024.

Chapter collection

The Framework of Company Law

from Company Law (7th edition) by Brenda Hannigan

"The Government broadly adopted the Company Law Review’s recommendations and a Company Law Reform (CLR) Bill was introduced in November 2005. At that stage, the intention was to retain substantial elements of the Companies Act 1985 alongside the CLR Bill, but eventually the Government was persuaded that the most sensible way forward was to bring those parts of the CA 1985 which were not being repealed into the CLR Bill."

International Trade Terms

from Commercial Law (4th edition) by Eric Baskind, Greg Osborne & Lee Roach 

"The most common trade terms used in international trade (whether incorporating INCOTERMS or not) are ‘free on board’ (Fob), and ‘cost, insurance, freight’ (Cif). It is possible that the balance may change through a combination of the increase in container traffic, the decline in break bulk cargoes,3 and the increasing use of waybills rather than bills of lading."

Principle and Agent

from Bradgate's Commercial Law (4th edition) by Reza Beheshti, Séverine Saintier, and Sean Thomas

"The relationship of principal and agent can only be created by the consent of the parties: the agent must agree to act for the principal, and the principal must agree to the agent so acting. The principal’s consent gives the agent their authority."

Statutory Shareholder Remedies

from Company Law (12th edition) by Alan Dignam and John Lowry

"Following the introduction of the ‘unfair prejudice remedy’ by the Companies Act 1980, this avenue of redress has come to the fore so that the just and equitable winding-up remedy now occupies a less prominent position in the minority shareholder’s armoury, although it is by no means redundant (see Re Phoneer Ltd (2002) and Chu v Lau (2020))"

Company Insolvency and Liquidation

from Mayson, French & Ryan on Company law (38th edition) by Derek French

"Any person who acts as an administrative receiver, nominee in relation to or supervisor of, a voluntary arrangement, liquidator or provisional liquidator of a company (known as ‘acting as an insolvency practitioner in relation to the company’) without being qualified to do so commits an offence punishable by imprisonment for up to two years and/or a fine (IA 1986, ss 388(1) and (4) and 389(1) and sch 10).

Exclusion and Limitation Clauses

from Commercial Law Concentrates (6th edition) by Eric Baskind

"One party to a contract may seek to exclude or limit liability for certain breaches of the contract. It does this by inserting exclusion or limitation clauses into the contract. Whether such clauses are effective in excluding or limiting liability is another matter."

The Role and Powers of the Directors

from Company Law (2nd edition) by Lee Roach

"The bulk of corporate scandals that have taken place over the past few decades has ensured that the role played by the directors has remained a (if not, the) fundamental governance issue. Despite this, determining the role and powers of the directors is not always easy."