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Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

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Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 October 1998

Georgios I. Zekos

Discusses the Bill of Lading and its differences under UK, US and Greek law. Bases the paper on the fact that, under UK and US law, property in the goods sold passes from seller…

Abstract

Discusses the Bill of Lading and its differences under UK, US and Greek law. Bases the paper on the fact that, under UK and US law, property in the goods sold passes from seller to buyer when the parties intend to pass it (regardless of whether or not delivery actually took place); whereas, under Greek law, ownership of goods passes from seller to buyer only if the intention to pass goods is supported by actual delivery. Asserts that this difference in national law causes problems in international trade. Explores the law in more depth, citing a number of cases and quoting legal precedents. Concludes that the intention of the parties concerned should be taken into consideration.

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Managerial Law, vol. 40 no. 5
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 June 1899

The Food Bill has emerged from the Grand Committee on Trade, and will shortly be submitted, as amended, to the House of Commons. Whatever further amendments may be introduced, the…

Abstract

The Food Bill has emerged from the Grand Committee on Trade, and will shortly be submitted, as amended, to the House of Commons. Whatever further amendments may be introduced, the Bill, when passed into law, will but afford one more example of the impotence of repressive legislation in regard to the production and distribution of adulterated and inferior products. We do not say that the making of such laws and their enforcement are not of the highest importance in the interests of the community; their administration—feeble and inadequate as it must necessarily be—produces a valuable deterrent effect, and tends to educate public opinion and to improve commercial morality. But we say that by the very nature of those laws their working can result only in the exposure of a small portion of that which is bad without affording any indications as to that which is good, and that it is by the Control System alone that the problem can be solved. This fact has been recognised abroad, and is rapidly being recognised here. The system of Permanent Analytical Control was under discussion at the International Congress of Applied Chemistry, held at Brussels in 1894, and at the International Congress of Hygiene at Budapest in 1895, and the facts and explanations put forward have resulted in the introduction of the system into various countries. The establishment of this system in any country must be regarded as the most practical and effective method of ensuring the supply of good and genuine articles, and affords the only means through which public confidence can be ensured.

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British Food Journal, vol. 1 no. 6
Type: Research Article
ISSN: 0007-070X

Article
Publication date: 1 June 2002

George K. Chacko

Develops an original 12‐step management of technology protocol and applies it to 51 applications which range from Du Pont’s failure in Nylon to the Single Online Trade Exchange…

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Abstract

Develops an original 12‐step management of technology protocol and applies it to 51 applications which range from Du Pont’s failure in Nylon to the Single Online Trade Exchange for Auto Parts procurement by GM, Ford, Daimler‐Chrysler and Renault‐Nissan. Provides many case studies with regards to the adoption of technology and describes seven chief technology officer characteristics. Discusses common errors when companies invest in technology and considers the probabilities of success. Provides 175 questions and answers to reinforce the concepts introduced. States that this substantial journal is aimed primarily at the present and potential chief technology officer to assist their survival and success in national and international markets.

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Asia Pacific Journal of Marketing and Logistics, vol. 14 no. 2/3
Type: Research Article
ISSN: 1355-5855

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Article
Publication date: 1 May 1986

Howard Johnson

The purpose of this monograph is to touch on some of the difficulties encountered in the passing of title to goods or the taking of a security interest in goods. The law is in a…

Abstract

The purpose of this monograph is to touch on some of the difficulties encountered in the passing of title to goods or the taking of a security interest in goods. The law is in a hopelessly complicated and technical mess which serves neither the interests of consumers or businessmen. It is particularly appropriate to look at this area at this time, as Professor Aubery Diamond, at the request of the Minister of Corporate and Consumer Affairs (Mr. Michael Howard M.P.), is examining the need for alteration of the law relating to security over property other than land. To this end Professor Diamond has issued a Consultation Document in which he poses a number of questions for the legal and business community to consider, it is to be hoped that the Government will act on any proposals produced instead of consigning them to a limbo as was done with the Law Reform Committee's Twelfth Report on ‘Transfer of Title to Chattels’ and with the proposed ‘Lending and Security Act’ suggested by the Crowther Committee on Consumer Credit in 1971.

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Managerial Law, vol. 28 no. 5
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

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Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 May 1899

In its passage through the Grand Committee the Food Bill is being amended in a number of important particulars, and it is in the highest degree satisfactory that so much interest…

Abstract

In its passage through the Grand Committee the Food Bill is being amended in a number of important particulars, and it is in the highest degree satisfactory that so much interest has been taken in the measure by members on both sides of the House as to lead to full and free discussion. Sir Charles Cameron, Mr. Kearley, Mr. Strachey, and other members have rendered excellent service by the introduction of various amendments; and Sir Charles Cameron is especially to be congratulated upon the success which has attended his efforts to induce the Committee to accept a number of alterations the wisdom of which cannot be doubted. The provision whereby local authorities will be compelled to appoint Public Analysts, and compelled to put the Acts in force in a proper manner, and the requirement that analysts shall furnish proofs of competence of a satisfactory character to the Local Government Board, will, it cannot be doubted, be productive of good results. The fact that the Local Government Board is to be given joint authority with the Board of Agriculture in insuring that the Acts are enforced is also an amendment of considerable importance, while other amendments upon what may perhaps be regarded as secondary points unquestionably trend in the right direction. It is, however, a matter for regret that the Government have not seen their way to introduce a decisive provision with regard to the use of preservatives, or to accept an effective amendment on this point. Under existing circumstances it should be plain that the right course to follow in regard to preservatives is to insist on full and adequate disclosure of their presence and of the amounts in which they are present. It is also a matter for regret that the Government have declined to give effect to the recommendation of the Food Products Committee as to the formation of an independent and representative Court of Reference. It is true that the Board of Agriculture are to make regulations in reference to standards, after consultation with experts or such inquiry as they think fit, and that such inquiries as the Board may make will be in the nature of consultations of some kind with a committee to be appointed by the Board. There is little doubt, however, that such a committee would probably be controlled by the Somerset House Department; and as we have already pointed out, however conscientious the personnel of this Department may be—and its conscientiousness cannot be doubted—it is not desirable in the public interest that any single purely analytical institution should exercise a controlling influence in the administration of the Acts. What is required is a Court of Reference which shall be so constituted as to command the confidence of the traders who are affected by the law as well as of all those who are concerned in its application. Further comment upon the proposed legislation must be reserved until the amended Bill is laid before the House.

Details

British Food Journal, vol. 1 no. 5
Type: Research Article
ISSN: 0007-070X

Article
Publication date: 1 January 1994

GEORGIOS ZEKOS

As early as 1818 in Marseilles merchants were asking the courts to recognise the legal character of the maritime sale of goods, which was a sale of a bill of lading representing…

Abstract

As early as 1818 in Marseilles merchants were asking the courts to recognise the legal character of the maritime sale of goods, which was a sale of a bill of lading representing goods at sea in a ship. The courts of Marseilles found suitable to hear and decide cases in accordance with the law merchant despite the lack of authority in the French Commercial Codes. Merchants everywhere began to deal with documents representing goods without waiting to check the goods as it was the practice under the Napoleonic Code. Thus, the transition of the bill of lading from a mere receipt to a negotiable instrument developed by the practice of merchants arranging the sale of goods in transit. The success of the use of bills of lading in international trade is attributable to its negotiable character and its feature as a document of title.

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Managerial Law, vol. 36 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 1905

In a circular letter, addressed to local authorities by the Board of Agriculture on December 28, 1901, with reference to the Milk Regulations, the Board suggested that in the

Abstract

In a circular letter, addressed to local authorities by the Board of Agriculture on December 28, 1901, with reference to the Milk Regulations, the Board suggested that in the absence of any special circumstances indicating the commission of fraud, the local authority might in the first instance call the attention of the vendor to the adverse report of the analyst, and afford him an opportunity of submitting any explanation he might desire to offer on the subject. The Board further expressed the opinion that if the explanation were one which the local authority “felt able” to accept, they might, in the exercise of their discretion, refrain from the institution of proceedings, or withdraw any summons which it might have been necessary to take out in order to avoid the failure of proceedings, at the same time making arrangements for the taking of further samples of the milk supplied, in order that a satisfactory conclusion as to its character might be arrived at. The issue of this letter was obviously a retrograde step, which could only be taken to indicate that the Board were “wobbling” over the milk standards—standards laid down by themselves on the strength of the overwhelming evidence in favour of the institution of those standards as absolute minima, which was laid before the Board's Departmental Milk Committee in 1900. If any proof were wanting that this is a correct view of the case, that proof would be afforded by the issue, on March 27 last, of a further circular letter from the Board, in which the views expressed in the former letter are reiterated, and the study of which can only produce amazement, not unmingled with disgust, among those who have had any experience worthy of the name as regards the working of the Adulteration Acts in this country. Presumably the Regulations were laid down upon due and proper cause shown. By issuing the documents referred to the Board have called the validity of their own Regulations in question, and have suggested that public authorities should base no action upon those Regulations in the absence of other evidence, the nature of which is not stated, indicating “the commission of fraud.” The action of the Board amounts to a smack in the face for the producer of honest and genuine milk such as the purchaser is entitled to get, and can only tend to the introduction of additional loopholes of escape for the dishonest and incompetent.

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British Food Journal, vol. 7 no. 4
Type: Research Article
ISSN: 0007-070X

Article
Publication date: 1 April 1998

Georgios I. Zekos

Refers to the history of the maritime sale of goods which resulted in a bill of lading, representing goods at sea in a ship. Attempts to determine whether or not a bill of lading…

Abstract

Refers to the history of the maritime sale of goods which resulted in a bill of lading, representing goods at sea in a ship. Attempts to determine whether or not a bill of lading is a negotiable instrument if it is characterized by such words as to order or to bearer. Compares US, Greek and English law and finds that English law is not in line with US and Greek law. Refers to the English Carriage of Goods by Sea Act (COGSA) 1992. Claims that differences in law may cause some problems for international trade and mentions the European Commission’s project to examine the feasibility of electronic bills of lading.

Details

Managerial Law, vol. 40 no. 2
Type: Research Article
ISSN: 0309-0558

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