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Article
Publication date: 1 January 1978

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…

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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:

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Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Case study
Publication date: 14 March 2018

Akhileshwar Pathak

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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Indian Institute of Management Ahmedabad, vol. no.
Type: Case Study
ISSN: 2633-3260
Published by: Indian Institute of Management Ahmedabad

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Article
Publication date: 1 May 1973

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…

Abstract

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 them.

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Industrial Management, vol. 73 no. 5
Type: Research Article
ISSN: 0007-6929

Open Access
Book part
Publication date: 14 December 2023

Susanne Kalss

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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Family Firms and Family Constitution
Type: Book
ISBN: 978-1-83797-200-5

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Article
Publication date: 1 January 1991

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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Structural Survey, vol. 9 no. 1
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 1 July 1989

Howard Abbott

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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British Food Journal, vol. 91 no. 7
Type: Research Article
ISSN: 0007-070X

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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 January 1977

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…

2116

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).

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Managerial Law, vol. 20 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 2004

Georgios I. Zekos

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…

10885

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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Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 12 July 2011

Maree Chetwin

The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand.

859

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.

Details

International Journal of Law in the Built Environment, vol. 3 no. 2
Type: Research Article
ISSN: 1756-1450

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