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Botswana College of Distance & Open Learning

Diploma in Business Management

Business Law

Assignment: 1

Mmoniemang Motsele

Student No: 201006379


2. Caveat subscriptor -. assuming the risk of paying the price although the thing does not get to take place. Part B 1. 2 A E E E B . or when the contract is in writing stating the claim.Latin for "let him who signs beware. In this situation. 4." It refers to the sale of something of value in which the seller does not disclaim responsibility prior to the sale. Fiduciary .a person to whom property or power is entrusted for the benefit of another. the seller assumes liability to the buyer for any deviations from the specifications stated in the written sales contract. 3. The term is used in Straight to designate a contract by means of which a person (buying) pays a price to another one (salesman) in exchange for a thing that perhaps takes place in the future and perhaps no. if it knew. The restriction can rely on the necessity of obtaining the consent of the debtor or the fulfillment of the other conditions laid down in the agreement. Part C Emptio spei: Emptio spei is the denomination in Latin of one contractual figure coming from Straight Roman. Pactum de non cedendo (prohibition of cession) reservation exempting contractual or ability to transfer permissions (REC) of the agreement transfer road. whose literal translation would be ³transaction of esperanza". The clause has legal power to buyer claims. 5.Question 1 Part A a) b) c) d) e) f) g) h) i) j) False True True False False True True True True Est ius dicere non facere: means that it is the function of the judge to state the law not to make (True).

Where there is a Botswana precedent in existence on a particular matter. At the end of the arguments the judge makes a decision usually resolving the matter in favour of the successful party. The principles laid down in the case may form a binding or persuasive precedent to be followed by the courts. Before reaching his decision the judge usually reviews all existing relevant law and then formulates and applies a legal principle to the facts before hi. Where there is no local precedent the 3 . When dispute arise between the parties lawyers on both sides will usually argue the matter in court before a judge. If the buyer is not paying on time he/she can also be sued using case law The law encourages the parties to honor their obligations to a contract The law enables any breaches to be solved in a systematic manner using case laws such as judicial precedent The business law enables the parties to carry act business transactions on a willing buyer and willing seller relationship which encourages openers and fairness. This is a hybrid system combining the common law of Holland which the Dutch settlers. Legal principle laid down in the case is known as the ratio decidendi (the rationale for the decision). This is what binds later courts dealing with a similar matter.The business community benefit because if the seller sell poor quantity to the buyer. earlier decisions of higher courts are binding on lower courts dealing with the similar matters at a later date. the courts will follow it. who is aware that performance is required.Mora debitoris: Occurs when performance is possible but debtor. the buyer can sue and get compensation for poor quality product or service. Question 2 a) Business in Botswana benefit from dictates of business law . in later disputes involving similar issues. at the Cape brought with them and English law. Business law through its case laws enables the community to sue using judicial precedents Sources of law in Botswana Judicial Precedent: Under the doctrine of judicial precedent stare decisis. What the judges says in passing the law is known as obiter dictum and is strictly not binding. Common law Roman Dutch law is said t be the common law of Botswana which was inherited from the Cape Colony. fails to perform on time (Broderick Properties Ltd V Rood 1962).

Legislation This is a very important source of law in Botswana. Customary law It is derived from societal customs of indigenous people of Botswana. Example The Company¶s Act (Cap 42. The Employment Act (47:01) and the Bill of Exchange (Cap 46:02). and any statutory provision which conflicts with the Constitution is invalid. Customary law is very important in areas such as marriage. The bulk of Botswana law is statute. Botswana is inhabited mainly by Tswana speaking tribes. England or other Roman Dutch common law jurisdiction such as Zimbabwe.courts are guided by decisions from South Africa. the Income Tax Act No. Each of these tribes has its own customs. succession and land law.01). These include the Constitution and Citizenship Act. 12 of 1995. Legislation or statute law refers law passed by Parliament in the form of Acts of Parliament. 4 . A lot of business law is statutory although it is in some cases supplemented by important common law principles. The constitution is the most authoritative law in Botswana. traditions and political system. These customs and systems form the customary law of these tribes.

5 . Term. the receipt and sufficiency of which is hereby acknowledged. Notices to terminate may be given on any calendar day. by and between Mmoniemang Motsele (hereinafter referred to as "Landlord") and Angela Boteti __________________________________________________________________ (hereinafter referred to as "tenant"). Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein. If at any time Tenant desires to terminate the tenancy. and Whereas. Tenant may do so by providing to Landlord written notice of intention to terminate. Under the terms of this Agreement. Month-to-Month: This Agreement shall continue as a month-to-month tenancy. Witnesses: Whereas. However. for and in consideration of the covenants and obligations contained herein and other good and valuable consideration. written. Whereas. and signed agreement 2. lying and situated in Gaborone . therefore. Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein. Landlord is the fee owner of certain real property being. If at any time Landlord desires to terminate the tenancy. Upon termination date. [check either A or B]: A. The termination date shall be on (date) 28th February 2012 at 11:59 PM. such real property having a street address of Dikokwana Road (hereinafter referred to as the "Premises"). 2011 ("Commencement Date"). Lease: This Agreement shall continue as a lease for term. Now. This Agreement shall commence on 1st March. B. 2011. irrespective of Commencement Date. the parties hereto hereby agree as follows: 1. "Rent" shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement. Tenant shall be required to vacate the Premises unless one of the following circumstances occurLandlord and Tenant formally extend this Agreement in writing or create and execute a new. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy.Question 2 C Lease form Botswana Residential Lease Agreement THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this 18day of February. Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy. Rent.

represents and warrants that Tenant has examined the Premises. If the Premises is a house. Landlord may require in writing that Tenant pay Rent in cash for three months. or an apartment in a building with five or fewer units. through no fault of Landlord or its agents. flammable or explosive character that might unreasonably increase the 6 . Tenant shall pay to Landlord Two Thousand PULA (P2000) per month as Rent for the Term of the Agreement. and less any set off for damages to the Premises upon the termination of this Agreement. 10. or trade of any kind. repair. sub-letting or license shall not be deemed to be a consent to any subsequent assignment. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord.the Security Deposit shall not be considered Rent. Under New York law. duplex. then the following provision shall apply: Such security deposit shall be returned to Tenant. or for any purpose other than as a private dwelling. NON-DELIVERY OF POSSESSION. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. 8. without interest. A consent by Landlord to one such assignment. 7. the type of dwelling determines how the Landlord must handle the security deposit. and that all future Rent payments shall be remitted by Tenant to Landlord by money order or cashier's check. ALTERATIONS AND IMPROVEMENTS. Tenant shall not assign this Agreement. but the rental herein provided shall abate until possession is given. Tenant shall not keep on the Premises any item of a dangerous. sub-letting or license. 9. and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business. or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. CONDITION OF PREMISES. receipt of which is hereby acknowledged by Landlord. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term. clean and tenantable condition. Acceptable forms of payment of Rent to Landlord shall be: Cash Payment shall be made to Landlord under the following name and address: Mmoniemang Motsele In the event that any payment by Tenant is returned for insufficient funds ("NSF") or if Tenant stops payment. 5. ASSIGNMENT AND SUB-LETTING. SECURITY DEPOSIT. HAZARDOUS MATERIALS. As a security deposit. Therefore. The Premises shall be used and occupied by Tenant as a private dwelling. Tenant Initials: AB Landlord Initials: MM USE OF PREMISES. then Landlord or its agents shall have no liability. Tenant shall deposit with Landlord the sum (not to exceed the equivalent of one month's rent) of Two Thousand PULA(P2000). and in a safe. profession. and that they are at the time of this Lease in good order. Tenant stipulates. the parties shall place their initials after the appropriate provision.

16. Tenant will. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord. Without limiting the generality of the foregoing. Not hang any laundry. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. 15. stairs and/or halls. Keep all air conditioning filters clean and free from dirt. locks and hardware in good. INSPECTION OF PREMISES. cats or birds. DAMAGE TO PREMISES. 14. Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. Upon the expiration of the term hereof. window coverings. clean order and repair. Tenant shall: Not obstruct the driveways. porch or balcony nor air or dry any of same within any yard area or space. ANIMALS. sheets. UTILITIES. keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. or other casualty not caused by the negligence of Tenant. SURRENDER OF PREMISES. courts. Not leave windows or doors in an open position during any inclement weather. glass. earthquake. etc. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises. entry ways. clothing.danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. RULES. 10. sidewalks. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. at its sole expense. Keep all windows. 11. MAINTENANCE AND REPAIR. Tenant shall be entitled to keep no more than two (2) domestic dogs. from any window. doors. Not obstruct or cover the windows or doors. which shall be used for the purposes of ingress and egress only. rail. storm. 13. Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement. In the event the Premises are destroyed or rendered wholly uninhabitable by fire. 7 . reasonable use and wear and tear thereof and damages by the elements excepted.

NOTICE. this ______ day of ________________________. Tenant shall pay to Landlord. LATE CHARGE. addressed as follows: If to Landlord to: Mmoniemang Motsele Landlord's Name] P/ Bag 0022 Gaborone [Landlord's Address] If to Tenant to: Angela Boteti [Tenant's Name] Box V1453 Ramotswa [Tenant's Address] As to Landlord this ______ day of ________________________. in addition to such payment or other charges due hereunder. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by Botswana certified mail. TENANT ("Tenant"): 8 . LANDLORD: Sign: _______________________ Print: ____________________ Date: ______________ As to Tenant. 20_____.17. return receipt requested. 18. 20_____. a "late fee" in the amount of Three hundred PULA(P300). In the event that any payment required to be paid by Tenant hereunder is not made within three (3) days of when due.

QUESTION 3 B i) Advise Boitumelo on his legal right. therefore he lacked the 'animus contrahendi'' A contract is concluded on the basis of ''consent'' between one or more parties. In general advertisements are not an offer but mere '' INVITATIONS TO TREAT'' but in this circumstance the advertisement was interpreted as an ''offer'' since it was seriously made and there was '' animus contrahendi'' by the defendant. and it apparently rejected the seller's contention that the conditions of sale (requiring purchasers to acquaint themselves with the merx and making the sale voetstoots) precluded the purchaser from relying upon that mistake.´ Mr Thabo should have enquired or seek clarity on the items before he assumed that the items were regarded as one. iii) What type of mistake is this. each bearing a number for identification. A unilateral mistake is where only one party to a contract is mistaken as to the terms or subject-matter contained in a contract. the plaintiff could not recover the reward advertised since he was unaware of it. A mirror was displayed on a marble table and Pratley made a bid on the table thinking that the mirror formed part of the table. You cannot 9 . See also Bloom V American Swiss Watch Co. supra. 1915 AD 100 It was held in this case that even though the defendants had made an offer to anyone who dispatched information leading to the arrest of thieves that had stolen certain jewellery from the defendant and recovery thereof. A general offer to the public is one which can generally be accepted by any member of the public who meets the specifications of that offer. There is a decided case similar to this.QUESTION 3 A i) Advise Mr Thabo on his legal rights. He refused to pay separately for the mirror and was sued by the auctioneer for the purchase price. On the other hand in Maritz v Pratley (1894) items were displayed for auction. In Maritz v Pratley. according to contract law? (3 marks) The mistake is unilateral mistake. Prospective purchasers were requested to inspect the goods which were to be put up for auction. (3 marks) The issue is whether Thabo can get both the watch and computer. The contract was therefore void. The court ruled that there had been a mistake (error) regarding a fact material to the contract and consequently no consensus had been reached. Since the facts are similar this means Thabo is not entitled to get both the computer and watch and this renders the contract void ii) What advice can you give to the auctioneer? (3 marks) The auctioneer should always make it clear to the bidders that by bidding items one at a time. (3 marks) The issue is whether Boitumelo is entitled to claim for a reward arising from an advert which she was not aware of. the Court held that an auction sale was void by reason of an error in corpore.

QUESTION 3 C i) Advise Mr Milton of his legal rights Mr. is sufficient to make a binding contract. The plaintiff.accept something which you are not aware of. (3 marks) Since Boitumelo gave information at the time when he was not aware of the offer he was not entitled to a reward. would you give him different advice and why? (2 marks). Milton will have to act according to Actio quanti minoris. provided the necessary information. an eyewitness to the murder. had she known of the defects in the good. but by other motives. ii) Advise the company on its legal rights. it is a remedy granted to the buyer to reduce the price of something she has bought and that has hidden defects. The idea is to provide the buyer with a remedy that permits her. if it is in her best interest. The fact that the plaintiff performed the necessary conditions set out in the offer. iii) If Boitumelo had read the advertisement first before bringing the information. If he had read the advert the fact would have been the same as the Carlil case and he was going to be rewarded. This is an offer when considered in the light of principle set out in Williams v. The advertisement for reward issued by the defendant constituted an offer. The plaintiff. Issue Where a party accepts an offer of reward for motives other than the reward itself. Actio quanti minoris: An action in which the purchaser of a good claims a reduction of the price proportionate to the reduction in value caused by a defect. regardless of her motives. In Williams v Carwardine the court answered yes in situation where the offeree performed what was required by the offeror. 10 . The advertisement by Zhing Zhong to pay a reward of P25 000 appears to the person who found the advert and preformed unto it. Boitumelo has no right to claim a reward. Carwardine (1893). Basically. (Bloom V American Swiss Watch Company 1915) Unfortunately. (Heaviside v Jordan 1903) Lung sickness in cattle. accepted the offer. does an enforceable contract result? Ratio Acceptance of an offer constitutes a legally binding agreement. The defendant refused to give the plaintiff the reward claiming that she was induced to provide the information not by the reward itself. Facts An advertisement for reward was posted by the defendant for information leading to the arrest and conviction of a murder suspect. However in R v Clarke the court on the basis of the motive ruled performance did not amount to acceptance. but only to ease her conscience when she believed she was dying. in providing information that led to the conviction of the murderer. regardless of the motives for acceptance. The plaintiff sued for breach of contract. Held The Court held that the Plaintiff was entitled to the reward. to keep the goods while paying a price which represents what she would have paid.

There was a misrepresentation of cattle not having disease by Milton. or he or she can show that the buyer was aware of the latent defect. when the defect could have been discovered by the buyer by a thorough inspection (a "patent defect"). iv) If.ii) Advise Mr Brian of his legal rights Brian has right to claim a reduced price or cancel the sale completely. In this case 11 . If the seller can prove genuine innocence. However. would your advice be different? If so how/why not? The court will give no remedy to the purchaser who discovered a latent defect unless the seller had granted an express warranty against such. the buyer cannot possibly succeed in a claim against the seller unless the seller actively took steps to hide the defect from a normal inspection. the case may be decided in favor of the seller. however. and Brian proceeded to pay the purchase price. Milton had told Brian on the actual status of his cattle. Milton did not tell him the truth.

5. There must be two parties There must be at least two parties. But a partner may sell goods to the firm or buy goods from the firm. So the subject matter of contract must be goods which can be movable. Good faith" can be defined as the duty to make an honest and sincere effort to fulfill obligations under the contract. Subject matter of Sale must be "goods" The subject matter of contract of sale must be movable goods. When the goods are pledged. There can be no fraud or intentional seeking of unfair advantage. it is only the special property which is transferred i. one buyer and the other seller. For example Shyam is the owner of certain goods. Ltd.e. A person cannot buy his own goods. possession of the goods is transferred to the pledgee while the ownership rights remain with the pledger.) There is exemption in the case of a part owner. the buyer only has a personal right in respect of the seller to enforce the delivery of the article. This law has the purpose of promoting the protection of customers and thereby contributing to the sound development of the national economy by prescribing the matters those product providers should explain to customers in the sale It should also be noted that there is a duty of "good faith" in sale of goods. It is a specific type of legal contract. Contracts relating to services are also not treated as contract of sale. 12 . They cannot be both seller and buyer. Since the goods already belong to Shyam. 3. Where parties do not stipulate a fixed purchase price but agree that the buyer will pay a reasonable price the contract will probably be regarded as invalid since purchase price cannot be easily ascertained. 4. Ram pretends to be the owner of the goods and sells them to Shyam. The general property is transferred from seller to the buyer in a contract of sale. services or property to be exchanged from seller (or vendor) to buyer (or purchaser) for an agreed upon value in money (or money equivalent) paid or the promise to pay same. but he is not aware of this fact. The purchase price it must be a fixed or easily ascertainable sum of money. Property means the general property in the goods and not merely a special property. a part owner can sell his ownership to another part owner. i. Sale and purchase of immovable property is regulated by the Transfer of Property Act. Transfer of property in the goods: It is the ownership that is transferred in a Contract of sale. Elements for the contract of sale 1. Lever Bros. The buyer cannot acquire a real right of the article (that is ownership until delivery has taken place. 2. Delivery of the article: Until the article has been delivered to the buyer. he cannot buy his own goods.. partners are not regarded as separate persons.e. (Bell vs. However. For the purpose of sale of partnership property.QUESTION 4 Law of sale: A contract of sale is a legal contract an exchange of goods. hence there is no sale and the contract is not valid.

acceptance can be revoked. and the transfer of risk operates differently depending on which party breaches. Usually a price will be expressly fixed in a contract for the sale of goods. For example.O. Revocation allows the buyer to pass the risk of loss back to the seller. Accepting the delivery of the goods sold: one of the fundamental duties between a buyer and seller in a contract for the sale of goods is that the seller has a duty to deliver the goods and the buyer has a duty to accept the goods in accordance with the terms of the contract. a buyer orders blue widgets from a seller. Rights and duties of the seller * Before sale y To disclose material defects in the property or title y To produce the title-deeds for inspection y To answer relevant questions as to title y To execute conveyance y To take care of the property and title deeds y To pay the outgoings * After sale y To give possession to the buyer y To covenant for title y To deliver title deeds on receipt of the price Risk of Loss when a Sales Contract is breached There are many ways to breach a sales contract. The risk of loss falls on the seller. the risk of loss does not pass to the buyer until the defects are cured (that is.B. seller's plant. In the unusual case of no such price being stated then the Sale of Goods Act 1979 further suggests that in this instance a price must be µreasonable¶ and the payment should be due in cash at the seller¶s residence. F. the risk would have fallen on the buyer. The seller ships black widgets instead. Paying the purchase price: It is the buyer¶s duty to pay the price in accordance with the terms of the contract. 13 . The black widgets (nonconforming goods) are damaged in transit. If a buyer accepts a shipment of goods and later discovers a defect. the party in breach bears the risk of loss When the Seller Breaches If the goods are so nonconforming that the buyer has the right to reject them. Generally.Rights and duties of the buyer 1. or discounted in price by the seller) or until the buyer accepts the goods in spite of their defects (thus waiving the right to reject). until the goods are repaired. at least to the extent that the buyer's insurance does not cover the loss. Had the seller shipped blue widgets (conforming goods) instead. replaced. 2.

A contract is usually a concrete document. A gross lease is when the tenant pays a flat rental amount and the landlord pays for all property charges regularly incurred by the ownership from lawnmowers and washing machines to handbags and jewelry. but with different provisions). The buyer is liable only to the extent of any deficiency in the seller's insurance coverage.When the Buyer Breaches The general rule is that when a buyer breaches a contract. or use of a radio frequency (such as a contract with a cellphone provider). The seller must already have identified the contract goods. Duties of land lord Seller¶s Duty to Disclose Defects 14 . The buyer bears the risk for only a commercially reasonable time after the seller has learned of the breach. It is therefore vital for managers of company to be aware of contract law and learn business especially in breach of contract Contract lawyers can ensure that all details and stipulations in the contract are met. There are three important limitations to this rule: 1. It seeks to regulate voluntary legal regulations between people with respect to contracts and agreements. A simple example of a contract implied by acts of the parties is when you¶re required to pay the dentist for the services you received during a regular dental checkup. the risk of loss immediately shifts to the buyer. The law of contract is very important in business as well as in day-to-day life. but it may also be oral or implied by the acts of the parties. specifically under the law of obligations. It is a contract calling for the lessee (user) to pay the lessor (owner) for use of an asset. Contract law ensures that all agreements between the business and other parties are legal. to name a few. On "termination" all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives. It governs most commercial transactions: sale and carriage of goods. Contract law is necessary for any business to run effectively. Leases for intangible property could include use of a computer program (similar to a license. 2. rental agreements and employment. hire purchase. The importance of contract of sale to soft drink business: Contract law: Contract law deals with the exchange of legally-binding agreements and documents between two or more parties. Law of lease: The lease is a legal binding contract. Termination: Occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. insurance. A rental agreement is a lease in which the asset is tangible property. It falls under private law in the civil law system. 3.

The doctrine refers to the fact that within the hierarchical structure of Botswana courts a decision of the high court will be binding on courts lower than it in that hierarchy. Magistrate courts do not make precedent. If the precedent was set by a court of equal or highest status to court deciding the new cases. the tenant may claim specific performance. The court of appeal is not bound by its previous judgment but will normally follow them in the interest of certainty. unless the decision of the superior courts is based on obvious errors such as failure to into account a statutory provision that hardly be any difference on the matter. Where the land lord is in breach of the duty to deliver. Nevertheless a high court judge will not depart from the decision of another high court judge. When judges try cases they will check to see if a similar situation has come before a court previously. In general one magistrate does not necessarily follow the judgment of another magistrate if for no other reason than that the judgments of magistrate courts are not reported. If the land lord¶s failure to maintain the premises constitutes a serious breach of the contract the tenant will be entitled to cancel the lease and vacate the premises. They are bound by the judges of court of appeal and high court. 15 . then the judges in the present case should follow the rule of law established in the earlier case. Delivering the leased premises to tenant: it is the duty of the landlord to deliver the tenant the use and occupation of the leased premises. the seller of real property had no duty to disclose hidden or latent defects to the buyer. absent a fiduciary duty or other special circumstances. A buyer could recover only when the seller intentionally misrepresented facts about the property or physically concealed known defects. Property must be in a proper state of repair both internally and externally. The high court is not bound to follow its earlier decisions.Traditionally. thereby compelling the landlord to deliver the premises Placing the leased premises in a proper state of repair. The Botswana court is bound by the decision of the Court of Appeal. if it is convinced it was wrong (Morgan Moalthodi v Kgabjwana Mekgwe) The high court judge is not bound to follow the decision of another high court judge. A bench of two judges is bound by a decision of the full bench and a single bench by the decision of a bench constituted in either of the two ways mentioned above. Question 3 D Precedent: The doctrine of binding precedent or stare decisis lies at the heart of Botswana legal system. Maintaining the leased premises in a proper state of repair: Make all repairs and do whatever is necessary to put and keep the rental premises in a fit and habitable condition. The hierarchy of the court: Every court is bound by the decisions of the superior courts within its area of jurisdiction.

Denis Keenan. 2005 Smith and Keenan¶s Law for Business.References Business Law. Pearson Education. 5th ed. 2006 BPP ACCA F4 Study text 4th Ed.13th ed. June 2009 www. D Kelly A Holmes & R Introduction to Business Law 16 .opentuion. Routledge Cavendish.