Law and Equity Essay (a) Outline the development of common law and equity. There was no system of law in England and Wales before 1066‚ as it was mainly based on customs which were just rules of behaviour and the other used to be the decisions of judges. The law in England and Wales built over the centuries. There were various methods of creating laws which were called “sources of law”. However‚ in the 18th Century Parliament became more powerful which lead the Acts of Parliament (statues) to
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Apple Vs. Samsung Patents by definition are‚ “ a grant made by a government that confers upon the creator of an invention the sole right to make‚ use‚ and sell that invention for a set period of time”(TFD). Every product that is sold has at least one patent to protect it from being copied by competitors. Most products have several patents‚ each for a different unique part of the product. There are two major types of patents‚ utility patents and design patents. A utility patent can be claimed if
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To restrain Edwin from selling the vintage car to the other party‚ Adam can file for an injunction for a court order to ensure that the vintage car is not sold to others and at the same time‚ a specific performance can be filed to the court to demand Edwin to adhere to the terms of the existing contract by selling the car to Adam with the agreed
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Vocabulary * Plaintiff: party asking the court for relief (the one who brings the lawsuit) * Defendant: party against whom a lawsuit is brought (the one defending the lawsuit) * Appellant: party asking Court of Appeals for relief (the party bringing the appeal)‚ always the party who lost at the district court level * Appellee: party responding to the appellant’s appeal‚ always the party who won at the district court level * Petitioner: party asking the Supreme
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trying to develop a relationship with her and hoped they could still remain friends. June 11‚ 2008 Gilbury obtained an injunction prohibiting sexual harassment by Lewiston from the Western Justice Court. Lewiston appealed the injunction shortly after and Gilbury received a notice in the mail showing her the dates of the appeal hearing. Failing to appear at the hearing meant the injunction may be vacated. On July 11‚ Gilbury filed a sexual harassment complaint with the district’s EEOC officer against Lewiston
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The first court (High Court) dismissed the application for the interim injunction‚ and the ex-wife appealed the decision to the Court of Appeal which reversed the first court decision on the basis of tort similarly to a case of Wilkinson v Downton and granted the interim injunction to stop the book publishing in its presented format. Mr. Rhodes appealed to Supreme Court‚ which allowed the appeal and lifted the injunction and permitted the publication of the book as it was presented by the
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against the defendants under the notion that they violated a covenant in their employee contracts. If the defendants were to be found guilty then the consequences would be an oppressive and unfair scenario. Therefore‚ the motion for preliminary injunction was denied in favor of the defendants. Facts: The defendants‚ upon being hired by Russell‚ entered into contracts which contained three relevant covenants in this case; not to compete with the plaintiffs‚ not to solicit the plaintiff’ customers
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Godwin in a substantially similar field (a violation of his non-compete with appellee). As a result of the violation of the non-compete agreement‚ appellee petitioned the trial court for a temporary and permanent injunction and damages. The trial court granted the temporary injunction. Appellant is now appealing this decision. ISSUE: In what circumstances will a covenant not to compete be upheld? HOLDING: The Appellate Court ruled in favor of appellant and held that (1) the covenant not to
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Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform‚ precisely and exactly‚ his obligations under the contract. This can take various forms for example‚ the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard
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Sherwin_Galley_7.11_FINAL (Do Not Delete) 7/12/2013 4:33 PM TWO HALVES OF THE COPYRIGHT BARGAIN: DEFINING THE PUBLIC INTEREST IN COPYRIGHT SHERWIN SIY* In her presentation‚ Professor Katyal discussed the fact that copyright allows the creation of a private property right in order to promote the public good.1 This “copyright bargain” is enshrined in the Constitution; in order to meet the ultimate aim of promoting the “Progress of Science and useful Arts‚” the public will subsidize authors
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