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Cover Business Law

6. Establishing the Contract: Consideration, Intention to Create Legal Relations, and Certainty Of Terms  

This chapter is a continuation of the previous one, and further discusses the essential features of a legally binding, or valid, contract. It puts particular importance on the meaning of ‘consideration’, which is what makes a promise or agreement a ‘bargain’ and, therefore, enforceable. The courts are not bound to, and will not, consider a ‘bare promise’. Parties to a contract must intend it to be legally binding, and not just be social or domestic agreement, and such contracts must contain certain terms that identify the rights and obligations of both parties. Without an understanding of these crucial elements, agreements may be concluded but they will not create an enforceable contract. Also, although a contract is enforceable by those parties to it, this right can be extended to third parties if the contract has been made for the benefit of these parties.


Cover Business Law Concentrate

11. Intellectual property and data protection  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on intellectual property and data protection. The law of copyright is governed by the Copyright, Designs and Patents Act (CDPA) 1988 that protects original materials including literary, dramatic, musical, artistic works, and typographical arrangements. The Trade Marks Act 1994 protects the owner of any sign capable of being represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of another. Registration of a patent prevents others from making, using, or selling the same product without permission. The protection lasts for five-year periods (to a maximum of 20 years). The changes introduced through the Data Protection Act 2018, the General Data Protection Regulation, the Law Enforcement Directive and the Intellectual Property (Unjustified Threats) Act 2017 are also discussed.