Common law and equity: the reasons behind the creation of equity. What is it and how is it different from common law? What is the present relationship between common law and equity? Methodology In order to provide a broader image of the principles applied by equity and the common law‚ secondary research was carried out. The process involved both gathering information from the internet websites and Business Law textbooks. Findings The development of English
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University of Cambridge Faculty of law Tripos INTELLECTUAL PROPERTY Breach of Confidence/Trade Secrets Lionel Bently March 10 & March11‚ 2011: The Basics April 28: Employees May 2: Privacy and Publicity March 7 and 11‚ 2011 BREACH OF CONFIDENCE: THE BASICS Bently & Sherman (3d ed)‚ 1003-1066 ***Coco v Clark [1969] RPC 41 *A-G v Guardian (No.2) [1988] 3 All ER 545 **Campbell v MGN [2004] 2 AC 457 **Douglas v Hello [2008] 1 AC 1‚ 45-50 (paras 108-28 per
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acceptance * ‘Capacity or the ability to understand the consequences of a contract by persons of such age prescribed by law & those with sound mind. * ‘Mutual consent’ or agreement on the terms of a contract ‘consideration’‚ or reward for goods or services rendered. The element that distinguishes a contract from casual agreements is that it is legally binding: The law provides a remedy in the event that the promise is broken. Legally‚ certain types of contracts should be in writing‚
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Sale of Goods Ordinance‚ Cap 26 shall apply in this case given the fact that the motorcycle seller sold the second hand motorcycle to Sam as a course of business‚ a legally binding contractual relationship for sale of goods was established although there was no information as to whether Sam bought the motorcycle was for business or private use. Besides‚ the car shall be defined as goods under (s.2(1)) of the aforesaid ordinance. The motorcycle seller was in breach of the implied conditions in
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Business Law Final Denise Capalbo Chetum v. Knarles Issue: Defamation Rule: Under the common law‚ defamation requires a false statement of fact‚ of or concerning plaintiff‚ published to a third party and causing damages. Also‚ where defamation is about a public person or matter of public concern‚ the plaintiff must prove that the statement is false‚ and that the defendant either knew of its truth or acted with reckless disregard of the truth (malice). Analysis: Knarles’ statements
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Introduction As products’ safety is one of the primary responsibilities of supply chain members‚ it has been noted by legislators with the highest level of significance. Therefore‚ product liability is known as an issue which can jeopardize whole the business. There are many cases about companies who went bankrupt due to small potential liability issues which in normal circumstances nobody noticed and considered them as a factor. That is why only experienced and veteran attorneys handle product liability
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the two main types of subject-matter jurisdiction in federal court. Definition from Nolo’s Plain-English Law Dictionary The power of the federal courts to decide civil disputes between citizens of different states‚ provided the amount the plaintiff seeks in damages exceeds an amount set by Congress (currently $75‚000). The so-called citizens may include companies incorporated or doing business in different states or a citizen of a foreign country. However‚ note that the federal courts traditionally
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30th May Thursday 11-12 (replacement) 1b) Negligence misrep – For this‚ the common law negligent misrep is followed- i.e. that is duty of care‚ “special relationship” ‚ breach of standard of care‚ causation‚ and remoteness. 1c) Duress is pressure exerted by one person to coerce (influence someone to do smth) another to contract on particular terms. The main types are duress of the person “actual or threatened violence or unlawful imprisonment”‚ duress of goods “wrongful detaining‚ damaging or
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International Business studies | Unit 1: Exploring Business Activity | M1‚ M2 and M3 | | Tristan Dik – IBS3B | 3/27/2011 | M1: Explain the points of view from different stakeholders seeking to influence the strategic aims and objectives of two contrasting organisations. M2: Compare factors which influence the development of the internal structures and functional activities of two contrasting organisations. M3: Analyse how external factors have impacted on the two contrasting organisations
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PRACTICE QUESTION FOR TORTS John worked as a car/truck mechanic for a small business in Darlinghurst Sydney. He was a newly trained mechanic and had just commenced work at a new job last week. The day he started work he was given the task of repairing a truck engine. This required John to disassemble the engine with specialised tools. Mechanics who worked on these large engines were normally given protective head gear to prevent any piece of engine striking them in the face should a piece
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