Do you think Lister v Hesley Hall [2001] UKHL 22 was correctly decided by the House of Lords?
Thesis - 4 pages - Business law
On the 3rd May 2001, the House of Lords gave their judgment to Lister v Hesley Hall [2001] UKHL 22. By overruling a previous decision of the Court of Appeal; Trotman v North Yorkshire County Council [1999] LGR 584. The House of Lords widened the scope of vicarious liability to include acts of...
Duress and undue influence
Thesis - 23 pages - Business law
"It is assumed that the parties know their own minds, that they are the best judges of their own needs and circumstances, that they will calculate the risks and future contingencies that are relevant, and that all these enter into the bargain. It follows that unfairness of the bargain - gross...
Has the Contracts (Rights of Third Parties) Act 1999 gone far enough in reforming the English law of privacy?
Thesis - 5 pages - Business law
Under the doctrine of privacy, which became entrenched in English law in the latter half of the 19th century , contractual rights and liabilities are limited to the parties to the contract. The mounting criticisms and arguments for reform have led to the Contracts (Rights of Third Parties) Act...
Civil justice in China
Essay - 5 pages - Business law
To fully understand the concept of civil justice, one must look at its origins from many different angles, including that of the historical perspective. When investigating the historical approach of civil justice and the law, it makes sense to compare and contrast different nations and their...
Company law
Essay - 5 pages - Business law
From Star Limited's perspective, the central issue is whether it can enforce the restraint of trade clause against Ramon notwithstanding the fact that he is using his company Equip Limited to solicit Star Limited's customers. Before considering whether the clause can be enforced against Ramon...
What scholars have noted about property as a social construct mitigating human interactions that transcend legal and economic discourse
Essay - 5 pages - Business law
A.I. Hallowell (1943: 119) once stated that, “Property as a social institution implies a system of relations between individuals. Like other social institutions, it involves rights, duties, powers, privileges, forbearances, etc, of certain kinds.” While this view of property has been...
Implication of federal trademark dilution act to U.S. Business
Essay - 4 pages - Business law
Intellectual property has become a global concern in these last few decades due to the increased trade brought about by the internet. In an article posted at Focus, Field (2006) reported that in the United States alone, for example, studies in the past decade have estimated that over 50 percent...
Sounds a-like but not quite: Is the trademark infringed?
Essay - 5 pages - Business law
The capital is already at hand, the plan has been laid out and the place is just perfect. Most importantly, you just came up with an imaginative name that could spark up the business venture you've been envisioning for so long. But no matter how much thought has been put forth to produce such...
Corporate governance under English common law: The respective roles of executive and non executive directors
Thesis - 15 pages - Business law
The role of boards and its relationship to management must be clearly identified. The Companies Act provides that companies must have directors but does not define their functions. This is left to the articles of association, where the most undertaken practice consists of vesting the board of all...
