It is a well settled notion in common law that agreements which impose restraints on trade are not enforceable. This notion was developed further in the late 19th century and late 20th century and made applicable to what we call ‘competition law’ in the USA. It is important to note that the enactment of the Sherman Anti-trust Act‚ 1890 was a reason for this development. What is the correlation between ‘restraint of trade doctrine’ and ‘modern competition law’? This article seeks to examine the relationship
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Kennedy’s presidency the United States was seriously concerned with stopping the spread of communism throughout the world and there where hot spots that sparked the Kennedy administrations attention. Containment was the United States foreign policy doctrine that proclaimed that the Soviet Union needed to be contained to prevent the spread of communism throughout the world. This containment policy meant that the United States needed to fight communism abroad and promote democracy worldwide. During President
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The Speed of Trust In Stephen M. R. Covey’s The Speed of Trust: The One Thing That Changes Everything‚ he gives some great tips on how to gain‚ keep‚ and rebuild the trust of others‚ whether they be coworkers‚ family members‚ customers‚ or complete strangers. He emphasizes the importance of trust in every relationship‚ purporting that relationships are built on and sustained by trust. And even the best relationships can be broken and destroyed by lack of trust. Without trust‚ actions are misinterpreted
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direction of courts when imposing a constructive trust upon a trustee de son tort. Constructive Trustee Constructive trusts are not confined to one definition. They are comprised of all trusts recognized and enforced by the courts that either resulting or express trusts. Express trusts are trusts are a design of the real intention of the parties however constructive trusts are ‘invitum’ (against the will or consent of the party) Constructive trusts are usually the result of gross violation of a
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there are two issues in this appeal. The first is concerned with the nature of the so-called “Quistclose trust” and the requirements for its creation. The second arises only if the first is answered adversely to the appellant. It is whether his conduct renders him liable for having assisted in a breach of trust.” Lord Millett in Twinsectra Ltd v Yardley and Others [2002] 2 AC 164 at paragraph 52. Critically
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as it imposes a personal obligation on the person who knows the information not to disclose it. This has been unanimously approved in the High Court Case Farah Constructions Pty Ltd v Say-Dee Pty Ltd. President Kirby further developed this doctrine by listing factors which helps in determining whether information is confidential in Wright v Gasweld Pty Ltd. Factors which suggest that information is confidential are if it required skill and effort to acquire‚ whether the employer had guarded
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Instructions 1. This assignment will constitute 20% of your total final mark. 2. Your Assignment‚ excluding footnotes‚ must not exceed 5‚000 words. One mark will be deducted for every word exceeding the maximum word count. 3. Your answer must be printed in 12 point Times New Roman or Roman font‚ with 1.5 spacing‚ on single-sided sheets with a one-inch margin all around. 4. Marks will be awarded for judicious use of headings and proper citation style. Conversely‚ marks will be deducted
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Project report on: Consumer Trust – Flipkart Subject: Consumer Behaviour Submitted to: Prof. Neha Gupta Submitted by: Ami Vora Roll No: 58 Class: PGDM - Communications FLIPKART is an Indian e-commerce company founded by Sachin Bansal and Binny Bansal in 2007‚ both alumni of the Indian Institute of Technology Delhi. Initially funded by the Bansals themselves with Rs.400‚000‚ Flipkart has since then raised funding from venture capital funds Accel India in 2009 and Tiger Global (US$10
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VARIATION OF TRUST 9.1 Introduction It means in what circumstances changes can be made in the terms of the trust. After a trust has been validly created‚ it becomes apparent that it might be better that original terms were altered. Hence‚ variation of trust allows the trustees to do things beyond their powers. CASE LAW: Saunders v/s Gautier: It states that changes can be made in the Trust. Hence‚ the general rule is that the original trust probate must be obtained and a breach of trust will be committed
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Running Head: THE BREACH OF TRUST AND PROVIDING GOOD CARE THE BREACH OF TRUST AND PROVIDING GOOD CARE JOLY S. PHILIP Grand Canyon University: NRS-437v Instructor: Amy Salgado 07/27/2012 Introduction The concept of confidentiality in nursing is founded on the philosophy and principles laid out by the Hippocratic Oath and Nightingale Pledge. The ethical need for confidentiality emerges from the need for establishing a trustful relationship between the patient and the nurse. The patient
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