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Where businesses introduce their own standard terms
In certain situations, where businesses to a contract introduce their own standard terms, this is called ‘Battle of the forms’. The terms may be inconsistent yet one will be applied and thus followed or if the terms are entirely different, there will be as Stone states ‘no contract at all’[1]. The difficulty is establishing which terms are followed and this is the problem faced by Painters Ltd and Constructors Plc.First, in determining which terms applied and thus...
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Principles of Restraints of Trade
Bulldogs Rugby League Club Ltd & anor v Williams & ors gave the Court another opportunity to consider the principles of Restraints of Trade and review the right of employers to enforce employee restraints. The following case analysis will discuss the Court’s decision and its significance in the legal and commercial contexts. Facts On 16 May 2007, Sonny Bill Williams (the first defendant) entered into a five-year contract with the Bulldogs Rugby League Club Ltd (the first...
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(ii) the Copyright ,Designs and Rules 1995 (as amended in 1999 and 2001) and lastly the Registered Design (Fees) Rules 1995 (amended 200l) Looking at the above legislation we see the laws on copyright have really developed and that copyright protection has been designed to provide a harmonised threshold for protection: thus databases which by reason of selection or arrangements of contents constitute the author's own intellectual creation shall be protected as such by copyright. In my...
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In April 1999 the Right Honourable Lord Woolf was assigned the task
In April 1999 the Right Honourable Lord Woolf was assigned the task just in the results it delivers;… fair in the way it treats litigants;offer appropriate procedures at a reasonable cost;deal with cases with reasonable speed;… understandable to those who use it;… responsive to the needs of those who use it…”[1]What he found to exist however were: costly proceedings, overwhelmed courts, slow resolution of matters and “a lack of equality between the powerful, wealthy litigant and the...
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A bank is not under any contractual or tortuous duty to advise
From the traditional view point, ‘a bank is not under any contractual or tortuous duty to advise on the wisdom of commercial projects for the purpose of which it is asked to lend money’.[1]It is important from the given situation to note the following.Tom approaches Priory International Bank (PIB) for a commercial loan and he is not an account holder of bank. Sid a bank manager of Priory International Bank (PIB) advises Tom to goes into partnership with Ursula who is a customer of...
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Asian gangs in borders of america
Chrissy I thought in replying to your post I would add what these Asian gangs are doing in California and around our borders in America. Asian gangs are throughout the San Gabriel Valley, where the Asian population continues to grow rapidly. Asian gangs aren't attached to a street or a patch of land. They claim no turf and commit crimes all over the area. Among other things, Asian gangs are into selling drugs, extortion, robberies, identity theft, counterfeiting credit cards, smuggling of...
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RESIDENTIAL LEASE AGREEMENT The Landlord Pau
Notice PeriodLess than 6 months 28 days6 or more months but less than 1 year 35 days1 year or more but less than 2 years 42 days2 or more years 56 days8. On expiration of this Tenancy Agreement the tenancy may continue as follows:• for a fixed term, by mutual agreement• a further Part 4 Tenancy, by mutual agreement• in the absence of any formal agreement to continue after the 4 Year Cycle, the tenancy will continue as a periodic month-to-month under the original terms and...
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List of Dates and Events S. No. Event
The European Commission's DG-XXI published Regulation (EC) 1165/95, reclassifying certain LAN adapter cards from category 8471, automatic data processing machines and units thereof, to category 8517, telecommunications apparatus.Request for Consultations by the United States.14 November, 1996Communication, dated 8 November 1996, from the Permanent Mission of the United States to the Permanent Delegation of the European Commission and to the Dispute Settlement Body, is circulated in accordance...
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International law has failed in its primary task of creating
International law basically is the law that governs “the international relations between sovereign States and other institutional subjects of international law”.[1]It seeks to maintain peace and security among States. The use of force is expressly prohibited in international law and States are required to refrain from the use of force in their relations with one another.[2]Despite this, States still resort to using force. This though, cannot be viewed to be the result of...
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Computer and cybercrime
Introduction Computer and Cybercrime are of a global dimension and can be felt universally. It has therefore become an International problem which requires international solution. Governments and organisations have seen the dangers of the internet as an environment for cybercriminals and have realised the need to work together in the fight against cybercrime. While the Internet may be borderless for criminals, law enforcement agencies must respect the sovereignty of other...
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