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The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:
The Mercini Lady Case is a modern statement of the law on the rights of the buyer in a sale contract. The seller has to supply goods in conformity with description, of…
Abstract
The Mercini Lady Case is a modern statement of the law on the rights of the buyer in a sale contract. The seller has to supply goods in conformity with description, of merchantable quality and fit for the stated use. These rights, the ‘implied conditions’, however, can be ousted by express terms in the contract. The Court of Appeal judgement of the UK keenly considered that the exclusion clause should be interpreted in its business sense. However, it sided with precedence established over hundred years that the exclusion clauses take away valuable rights of the buyer and must be strictly and technically constructed.
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Exclusion clauses will come in for a great deal of scrutiny under the Supply of Goods (Implied Terms) Act. Here, Ewan Mitchell advises when to leave them out and when to retain…
The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries…
Abstract
The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries to shift and contribute assets to the successors, whereas corporate law focuses on the well-being of the company. However, in a family business, it is necessary to find legal, social, and psychological techniques to combine these two areas and to establish strong and binding relations. This is the function of shareholder agreements and family constitutions.
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Ian Gordon, Ian Melville and Anthony L. Poole
Provides a guideline for an ideal residential structural report,from the point of view of members of the Editorial Board of Structural Survey, discussing the definition of the…
Abstract
Provides a guideline for an ideal residential structural report, from the point of view of members of the Editorial Board of Structural Survey, discussing the definition of the term ′structural survey′, the position of the client, the preliminary stages, the main body of the report, the conclusions and appendices. Recommends 18 main contents of a structural survey report.
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Product liability in the food industry is discussed, with anindication of the changes which have taken place over the past 20 yearsor so. Approaches to product risks have to be…
Abstract
Product liability in the food industry is discussed, with an indication of the changes which have taken place over the past 20 years or so. Approaches to product risks have to be new and wide‐ranging to accommodate the increasingly strict liabilities of the 1980s and 1990s. Success in this field depends on companies knowing which risks to accept and which to avoid.
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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.
A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…
Abstract
A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand.
Abstract
Purpose
The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand.
Design/methodology/approach
The paper is an analysis of judgments of the three jurisdictions and academic commentary.
Findings
Generally, there is uniformity in the assessment of damages in the jurisdictions discussed as is illustrated with liquidated damages and the adherence to the judgment of the House of Lords. However, the same adherence is not evident in the case of lower court judgments in the controversial area of “consequential loss”. Although not a remedy, it is an integral part of the assessment of damages process when included in exception clauses.
Originality/value
The research highlights the need for knowledge of the legal issues to ensure that the contract covers what is intended so that a party is not without a remedy when the contract fails.
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