Search results

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 four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the product liability debate. These issues recur throughout the article. Part II outlines the development of product liability law in Europe and assesses the impact of the European Directive on Product Liability. The “product liability crisis” in the United States is discussed in Part III, which looks at the law's development and proposals for reform. In Part IV the United States and European positions are compared and the case is made out for a global uniform product liability law which recognises the social responsibility of the producer towards those injured by his products.

In different recent judgments, the Jordanian Court of Cassation, among many other Jordanian Courts, has found that a limited liability company's shareholder may be held liable in addition to the company itself as to claims related to the company's debits and different obligations. While the aforementioned approach does constitute a departure from the well-established former approach that the same Court has followed for a long period, the Court have unsurprisingly brought up different interpretations to the insufficient provisions that the Jordanian Companies' Law no. 22 of the year 1997 does contain pertaining this specific area of law. Accordingly, this paper aims to attempt to point out and critically examine the aforementioned Courts' decisions and law provisions to demonstrate the extent to which limited liability companies in Jordan are truly limited in liability and whether such Courts have pierced the corporate veil for adequate reasons.

To examine the extent to which limited liability companies in Jordan are truly limited in liability, this work uses the most relevant secondary data available in this relation as the main method to complete such examination and this shall include different interrelated law provisions, case law and jurisprudence. Through critically analyzing and comparing such data, this work will identify the problems connected to this specific area of law and accordingly proposes different recommendations and conclusions.

This work submits that the aforementioned Courts and Legislator have not dealt with such a matter in an adequate and comprehensive manner and that they should have addressed this area of law in a different and more specific way. Furthermore, this work argues that while the reasons behind the Courts' decisions shall be respected, the distinct characteristics that brought up limited liability companies into practice shall be also respected and left intact.

Taking into consideration the recent different approach followed by the Jordanian Courts to this specific area of law, and as far as the author is aware, it would not be surprising to say that there is no comprehensive and updated scholarly work which has either examined such an issue or addressed its implications from technical and legal standpoints. This paper receives its originality and value from being the first work that examines and addresses such important matter.

The purpose of this paper is to seek to illuminate some of the dynamics of globalization that enable capital to advance its interests.

The paper uses theories of globalization focusing upon the “race‐to‐the‐bottom”. Such theories draw attention to the way major businesses are using their power to secure advantages, often by playing‐off one nation state against another. Increasingly, offshore financial centres (OFCs) are becoming key players in this race. The paper uses a case study relating to the enactment of limited liability partnership (LLP) in Jersey, a UK Crown Dependency. The legislation was financed and developed by the UK firms, Price Waterhouse and Ernst & Young in collaboration with a network of advisers.

The paper sheds light on the resources deployed by major accountancy firms to secure conditions necessary for the smooth accumulation of private wealth and power. Accountancy firms used OFCs or microstates to reposition the state‐capital relationship in globalization and reconfigure the UK auditor liability laws. The paper also highlights the importance of the state to capital and globalization.

In common with major capitalist enterprises, accountancy firms rarely provide background material to explain how they advance their interests. Inevitably, this limits the analysis. Nevertheless, the case study shows some trajectories that have enabled accountancy firms to advance their economic interests.

The paper shows that accountancy firms are able to use novel tactics to advance their interests and that national regulation cannot easily be understood without consideration of the wider international context.

Accounting researchers have rarely focused upon the use of offshore financial centres by major accountancy firms to advance their interests. It also shows that the local and the global are intertwined.

Examines the legal environment of the UK, Canada, Australia, New Zealand and the USA with respect to auditor liability. Provides an understanding of the legal risks to accountants associated with third‐party uses of audited financial statements by contrasting accounting liability for negligent misrepresentation in various US settings with those of the four other nations. Liability pressure has been very acute and litigation in the five countries has increased. Evidence supports a trend towards limiting third‐party liability to accountants.

We examine how auditors' use of limited liability agreements (LLAs) impact perceptions of private company creditworthiness in a 2 × 2 between-subjects experiment. Ninety-three United States-based bank loan officers evaluate whether LLA clauses and the size of the company's external auditor impact lending decisions. We use signaling theory to predict, and we find that LLAs decrease perceived creditworthiness, mainly when the company engages a Non-Big4 auditor. We find no difference in perceived creditworthiness when the company employs a Big4 firm, irrespective of including an LLA clause. Supplemental analyses show that lenders perceive that LLA clauses signal higher credit risk and, in turn, decrease perceived creditworthiness. We offer insights into how lenders integrate information about privately held companies into their decisions, which could impact the cost of capital for private companies. Our study should be of interest to preparers and the varied users of financial statements and regulators.

The purpose of this paper is to review the extensive case law in England and Wales on contractually binding letters of intent. The research focused on discovering whether the limits commonly found in binding letters of intent were upheld by the courts and so were effective in practice. It also reviews whether these limits are, as presumed by drafters, sufficient to act as incentives to the parties to conclude the full contract. The paper uses case law to analyse and evaluate the legal and business efficacy of these limits and incentives. It considers the rationale for such limits and incentives before drawing its conclusions and making recommendations.

The paper draws on cases in England and Wales to analyse the judicial interpretation of binding letters of intent. The author has adopted a black letter approach to this subject by focusing almost exclusively on primary sources. As there is no relevant legislation in England and Wales, the primary sources are case law. A limited literature review was adopted, as there is little commentary on this aspect of letters of intent and to ensure the paper’s originality. The paper also considers papers published by the Society for Construction Law.

The paper demonstrates that even if the drafting of the letter of intent is clear, it is the conduct of the parties after a letter of intent which prevents the stated limits on work times or cost applying, and undermines these limits in their roles as incentives intended to persuade the parties to conclude the full contract for the project. The terms of the letter of intent are easily ousted and may not be strictly enforced by the courts when a dispute arises.

The paper concludes with recommendations for ensuring the terms of the commonly used letters of intent provide more effective limits on the liability for the employer while giving the constructor the incentive to continue negotiating and concluding a formal contract for the works. The paper also recommends changes to the guidance to be given to users of standard form letters of intent to improve their efficacy as limited contracts.

The analysis of the cases is instructive and the recommendations provide valuable pointers for those who draft, review or agree letters of intent. The issues that are dealt with relate to how the parties can be incentivised through clear drafting to execute a more comprehensive contract for the project.

Traces the evolution of the corporation in England, from Greco‐Roman times to the Joint Companies Act of 1862. The evolution suggests a supply of the corporate form that responded to the demands of the marketplace. With the growing specialization of labour in the markets, the corporate form came to be more specialized itself, ending with the enactment of universally available limited liability incorporation.