Contents: 1. Introduction P.2 2. The criteria necessary for a purported liquidated damages clause.. P.3 3. The main factors of claims P.4 4. The benefits to Employers and Contractors in a valid liquidated damages clause P.5 5. If the liquidated damages clause is not held to be valid and enforceable P.6 6. Conclusions and Recommendations P.10 Question 2: Discuss the criteria necessary for a purported liquidated damages clause to be held to be valid, the benefits that […]
1.”The concept of ‘intention to create legal relations’ is used by the courts as a device to enable them to deny enforceability to those agreements which they consider should not be legally enforced” (Jill Poole, Contract Law). In order for a legally binding contract to come into existence, there are certain requirements which must be met. Briefly, these requirements include a clear offer and acceptance, consideration moving from the promisee, and an intention on the part of the contracting parties […]
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Get help with your assignmentWhat were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally without name) is potentially confusing since these so-called contracts are named very specifically. The term refers to their place in the system of classification of contracts in Roman Law rather than their possessing the characteristic of being unnamed. A distinct characteristic of Roman Law is that it might be said to possess a law of contracts as opposed to a […]
This paper seeks to establish whether Bill had any rights either in real or personal claim over the said estate located in Luneborough. It would identify the type of remedy, if any generated consequent to the breach of Bill’s rights. It would also identify the type of enacted that recognizes the right afforded to Bill, that is if any and provide the remedies available for the protection of the rights. The next requirement would be apply the law to the […]
‘The term ‘warranty’ has been described as ‘one of most ill used expressions in the legal dictionary’. There are several types of warranties in marine insurance ranging from express warranties to implied warranties that are divided to seaworthiness, legality of voyage non-deviation, neutrality, nationality, safety, legality. In this essay special importance will be given to the notion of seaworthiness and different aspects of it. It was often the case that warranties in marine insurance were considered to serve the insurer […]
The issue is whether the exclusion clause Coaches Ltd intends to rely on was incorporated into the contract, and if so whether it is effective in excluding Coaches Ltd’s liability. The first point is thus whether the exclusion clause was expressly incorporated into the contract. The clause was printed on the back of the invoice sent to Chelsea Ltd after the telephone booking. As the contract was oral and took place over the telephone, this means that the clause was […]
Companies’ directors are persons who are vested with the responsibility of the management of the company’s affairs. A company is usually composed of two main organs which are the board of directors and the members in general meetings. Every company provides the director extensive powers to supervise manage and control the company. Likewise every director owes certain duties and responsibilities towards the company. Directors stand in a relationship of trust and confidence with the company that is fiduciary relationship. [1]A […]
DISPUTE SETTLEMENT IN BILATERAL INVESTMENT TREATIES PUBLIC INTERNATIONAL LAW Dispute Settlement In Bilateral Investment Treaties Introduction Foreign Investment plays an important role in economic development. Mostly developing countries want to encourage foreign investment. When foreign investor invests in a host country, he faces many risks some of which include: Unlawful expropriation of investment, currency transfer restrictions in host country, host nation treating national investor more favourably than the international investor. Such problems could affect the international investment relations. To […]
Introduction The copyright laws was of four formerly-independent provinces proceeding for the unchanged, this was happening after the process of the Union of South Africa in 1910. The Patent, Design, Trade Marks and Copyright Act was enacted by the Parliament in 1916. So this annul the provincial laws and incorporated the British Imperial (Copyright Act 1911) this is for the South African law. South Africa became part of the unit of Berne Convention in there way of right in 1928. […]
A. Whether the covenants in the head lease are binding on Jabba. To begin with, it is imperative to note that, once a lease has been assigned to the new tenant, they are liable for their breaches of covenant. However the solution to this query depends on whether the assignment of the lease complies with the criteria stipulated in Spencer’s Case (1583) (5) Co Rep 16a[1]. These requirements are as follows: There must be privity of estate between the parties, […]
Corporate Laws II Introduction There are several factors makes a company stand apart from any other part of business. A company has separate legal entity, has perpetual succession, limited liability et cetera. All these and many more factors make a company different from any other form of business. The topic of this project which relates to the legal status and Scope of “contributory” under the companies act demands the author to analyse elaborate and enunciate on the contributory liability and […]
Copyright protection for Industrial designs in India Introduction- In the present era of globalization, it is progressively obvious that the intensity of any undertaking relies on upon its capacity to advance its item and administration with a target to separate itself from its rivals or competitors in the business. It is normal for makers to catch item advertise or make a specialty for their item by separating, a generally comparable item on the premise of ‘eye appeal’. Regardless of the […]
>Explain requirements of memorandum of association A memorandum is a simple document which states that the subscribers wish to form a company and become members of it. The memorandum of association was an extremely important document containing information concerning the relationship between the company before the Companies Act 2006 and the outside world (e.g: its objectives). The purpose of the memorandum is two fold. 1. The intending share holder who contemplates the investment of his capital shall know within what […]
Chapter 2 2.0 Decision making organs A company has 2 primary organs, the members in general meeting and the directorate. A company is not considered to be sovereign but has a limited competence only. Within these limits, the Supreme rule is making authority rests with a general meeting of the members1 and the constitution may entrench certain rights still further by embodying them in the memorandum and providing that they shall be unalterable 2. 2.1The board of director Although once […]
ADVANTAGES OF S. 176, WHO BENEFITS AND CASELAWS. INTRODUCTION As a general outline, S. 176 of Companies Act 1965[1] deals with schemes of arrangement of companies facing financial difficulties or in the case of companies at the brink of winding-up. What is, “Schemes of Arrangement”, and how do these schemes assist or facilitate the companies during financial difficulties? To define in simple terms, “Schemes of Arrangement” refer to schemes that enable companies in financial difficulties to pay out to their […]
Introduction This question is about the comparison between the partnerships and company. The question require us to determine whether which type of business structure is suitable for Mr. Azwan and Mr. Zuhri and advise them. In the end, we will be able to know about what the differences between partnerships and company are and why it is better to open up either one of these business structure. Structure A partnership consists of two or more members in order to form […]
Introduction In this report, we will Take a specific Company/organization/Corporations as a Model and discuss Business Law/Industrial Law that Support the Functioning of the Organization ,then finally analyze how the different Business/industrial laws is supporting/Benefiting the Smooth Running of such above mentioned Company/Corporation. Finally we will Investigate the Common issues that arise when Applying Business Law/industrial law on the framework of our understanding of the issue. Finding a potential company/corporation for work and investigating how business law/industrial law is support […]
CONTRACT LAW 1 Name: Professor: Course Code: Date of Submission: Paper Outline: Introduction………………………………………………………….3 What is contract law? Macaulay and Macneil on contracts Relational contract theory Purpose of the paper Case law of Byrne and Frew…………..……….………………………3 Concept of implied Terms and Relational Contracts…………………4 Relational Contracts and Byrne………………………………………..6 Conclusion………………………………………………………………..8 Summary of the points identified. References………………………………………………………………..9 Introduction: Contracts refer to agreements creating obligations that are enforceable by law. The basic elements that constitute a contract are consideration, mutual assent, legality, and capacity (Barker, […]
Part A: Butcher Ltd & KRY Ltd The contract of affreightment is evidenced by the bill of lading where, as here, the goods to be carried only form part of the total cargo. The liability of the carrier under the bill of lading is now subject to a combination of the rules introduced by the Maritime Law Committee of the International Law Association held in the Hague in 1921 as revised by the Brussels Protocol of 1968, known collectively as […]
Introduction: The conclusion in Autoclenz Ltd v Belcher & Ors[1] indicates a subtle, albeit potentially significant shift in the approach when deciding Employment Status and Sham Agreements.[2] Prior to this case, the written terms of a contract prevailed as long as it is not a “sham”. However the Supreme Court, in this case, has deemed such an approach too literal, thereby ruling that a written employment contract may be disregarded if the reality of the situation detracts largely from the […]
The fact of the Atlas Maritime Co SA v Avalon Maritime Ltd [1]is that Mr Richard Morrison is the director of Stewart Marine, a company which run ship brokers. He wants to buy a vessel which had some broken and the company appointed a technical consultant, Mr Melville Price which from Drake Maritime SA. Drake Maritime SA is a technical company and London agent of Stewart Marine. After the evaluation, Mr Price said that the vessel is appropriate to buy. […]
Assessment CLR&I CASE NOTE Valilas v Januzaj [2014] EWCA Civ 436 Lady Justice Arden Lord Justice Underhill & Lord Justice Floyd In the Court of Appeal (Civil Division) On the Appeal from Worcester County Court His Honour Judge Hooper QC IUC69309 Between: IOANNIS VALILAS & VALDET JANUZAJ SRN=140326561 Introduction Ioannis Valilas v Valdet Januzaj[1] dealt with the issues regarding repudiation of a contract. The core as well as the legal issue was that whether a party has the right to […]
“ASSIGNMENT ON SOUND TRADEMARK STEPPING AGAINST CONVENTIONALITY”- INTRODUCTION:- A sound trademark is a non-conventional trademark where the trademark function of uniquely identifying the commercial origin of products or services is achieved by means of an audio clip. They are identified by hearing without support through speech. As such they can be utilized in acoustic brand marketing, which creates the need to register them as trademarks to protect a company’sintellectual propertyand ensure their use as exclusive identifier for the company, just […]
PREREQUISITE FOR COMPREHENSIVE REVELATIONS IN BIOTECHNOLOGY PATENT APPLICATION INTRODUCTION A patent is a monopoly right that has been granted to a person who has invented a new and useful article; or an improvement to an existing one or a new process of making an article. The patent consists of an exclusive right to manufacture the new invented or manufactured article according to the invented procedure for a period of limited period that is a period of 20 years in accordance […]
This problem scenario is clearly referred to sale of goods act 1979 and unfair contract terms act 1977. The given three questions have been analyzed accordingly in separate three paragraphs. In the sale of goods act section 2 (1) it defines that what contract of sale of goods is as a contract whereby the seller transfers or somehow agree to transfer property in the goods to buyer for money consideration, which called as the price. Mainly considering that point the […]
Part A 1A (Setting the business as a private limited company) The process of incorpartion: Tosetup a limited company, you must have to do it register as an incorporate. To make an application to the Registrar of Companies which requires complettation of some constititunal documents. Application will be reviewd by Regisrar of Company. Certificate of Incorporation will be issued if your application has granted by Registrar (CA 2006 s.15) In UK, you need to have a UK regeisterd address to […]
The United States Federal antitrust laws is defined under several statutes, as well as by leading judicial precedents. There are three statutes particularly that have shaped the field: the Sherman Antitrust Act, the Clayton Antitrust Acts and the Federal Trade Commission Act. These acts assist in fair and leveled competition that keeps the price of your utility bill, eggs and sugar down. Antitrust laws touches virtually all areas of business and the economy. This body of law, establishes competition and […]
1.1 Fair Trading Act 1986 A. GSK Ribena We can apply the provision as False or misleading representation that goods are of particular kind, standard, quality, grade, quantity, composition, style or model. As GlaxoSmithKline claims that their ready to drink Ribena Contains 7mg of vitamin C per 100ml but assume in the test they found there is no vitamin C found in the drink as it was a false representation where they found something wrong information about the product then […]
Contents Introduction…………………………………………………………….……………………3 People eligible to be Karta……………………………………………………………………3 Minor as Karta..…………………….………………………………….…………………3 Father as Karta…………………….………………………………….………………….4 Female as Karta before and post 2005……………………………………………………….4 Responsibilities of the Karta…………………….…………………………..……………….4 Powers and Liabilities of the Karta…………………….………………………………….…5 Power to manage family affairs ..…………………….…………………………..….……5 Powers to receive and use family income…………………….……………………….……5 Power to manage joint family business……………………………….…………….……..6 Power to Alienate…………………….………………………………….………….……..6 Liabilities of account…………………….………………………………….……….…….7 Power and liability to represent in suits …………………….……………………….……7 Power and liability to acknowledge debts…………………….……………….…….…….8 Powers to contract debts for family purpose…………………….…………………….……8 Power of Arbitration…………………….………………………………….………………8 Power […]
“Critical Analysis of TRIPS standards regarding PATENT protection” History of TRIPS TRIPS is an abbreviation of Agreement on Trade Related Aspects of Intellectual Property Rights. It is an international agreement between the member countries of the World Trade Organization (WTO). TRIPS agreement came after the General Agreement on Tariffs and Trade(GATT) in 1994. The main aim of the TRIPS Agreement is to uniform the laws related to Intellectual Property worldwide. It covers various areas of IP including patents, trademarks, […]
