Restrictive Covenants
Restrictive Covenants In the situation described in this problem, a restrictive covenant would be the best way to protect the company's interests. Although the implied terms of employee confidentiality regarding company information would be valid in this case, they wouldn't stop an employee working with rivals. All doubt should be removed by the inclusion of a clause in which the employee undertakes not to carry on a particular trade or profession for a period after the termination of the contract. It would permit the company to seek a interim interdict in court against Dr MGleam and Ms Wilkes preventing them from breaching the covenant. Restrictive covenants are common in many contracts (partnership, share holders, buyer-seller) including employment contracts. Prima facie, such rules are illegal and unenforceable unless the covenantee (the side who gains from the restriction) can invoke the restraint of trade doctrine which was introduced into law as a result of the famous House of Lords case of Nordenfelt v. Maxim Nordenfelt. To prove that the covenant is justified, the covenantee must show three things. That the covenant is necessary to protect a legitimate interest of the covenantee (it's not sufficient to avoid future competition with the covenantor). The restraint in the covenant must be reasonable as between the parties, and that the restraint is in the
Assighment For Leagal Method and Reaserach
ASSIGHMENT FOR INTERNATIONAL TRADE LAW Introduction International trade transaction is essential for the sale of goods with the addition of an international element. In practice, the seller and buyer are in different countries where the goods must travel from the seller's country to the buyer's country by various means of transports. In international sale of goods, they usually transit the goods by sea because of the international transactions. Therefore, contracts for the carriage of those goods must be procured between the seller or buyer and common carrier depending on different types of sale of contracts. Moreover, in most of incidences, the agreed goods are usually insured at a reasonable amount in case of being loss or damaged during the transit. The goods must also be paid for by various methods of payment to facilitate international trade. This essay aims to analyse the possible claims from our advising buyer G arising from other parties to the contracts involved in this transaction. The essay will also analyse the legal relationships of all parties created that their respective rights and duties may have in the transaction. In doing so, it will discuss sale of contracts on c.i.f. terms firstly, where it involves two other contracts respectively. Then, I will mainly analyse the duties of the shipper in the contract of carriage. Next, the most discussion will be
"Everyone has the right to respect for their family life." Discuss this statement in light of s.8 of the ECHR and the case of EM (Lebanon (FC) (Appellants) (FC) v Secretary of State for the Home Department
"Everyone has the right to respect for their family life." Discuss this statement in light of s.8 of the ECHR and the case of EM (Lebanon (FC) (Appellants) (FC) v Secretary of State for the Home Department Introduction The European Convention on Human Rights was put in place to protect human rights and fundamental freedoms in Europe. The convention also established the European Court of Human Rights, if any person feels their rights have been violated under this convention then they may take the case to this court. The purpose of section eight of the ECHR is "to provide a right to one's family life, his home and his correspondence. This relates to the EM case study because EM felt her right to a family life would be violated if she was forced to return to Lebanon, as her family life would be torn apart as she would lose custody of her son, AF. Article 8: The Right to Respect for Private and Family Life This article ensures the person has the rights for his/her family and private life to be respected; this is to stop families being broken up and the essence of family life breaking apart. This was put in place to benefit all members of the family. The article also provides a right to be free of any unlawful searches however the state must interfere if the persons actions are causing harm and problems, such as if a mother was harming a child, then the right to a private and
Business Law - contract law
BA 333 Gil Erez 0523-000576 Business Law November 23, 2003 Table of Contents: ) Essentials of a contract ....... Page 2 2) Case ............................ Page 5 ) What are the essentials of a valid contract A contract, by definition, is an agreement by two or more parties, which is intended to be legally binding and supported by consideration. All contracts must have these three elements present for it to qualify as a proper contract in the eyes of the law: offer and acceptance, consideration, and intent to create legal relations. First, we will examine the first part of what constitutes a contract, the offer and acceptance. An offer is a statement said from the offeror to the offeree stating that he would like to formulate a contract between the two parties. The offer must include something specific, and which has value, either monetary or otherwise between the parties. An offer must also state the time period for its validity. If one were not stated, it would be up to the courts to decide what would be the proper length of validity of the offer. Once the validity period of the offer has lapsed, an acceptance of the offer cannot be made, unless the offeror agrees to repeat the offer. The acceptance must be made unconditionally, an acceptance with added stipulations becomes a counter-offer, and it would then be up to the original offeror to accept or reject. An
contact law
Advise the parties on their legal position. Has a contract come into being and with whom? On Monday at 10.00am Bernice makes an offer of £4,500 and they both agree that if Bernice doesn't hear from Andréa before 9.00pm then the offer has been accepted. In the mean time Andréa is out and Curtis makes an offer which is more than Bernice's. Then David also makes an offer by posting a letter which he misaddresses and arrives late. Andrea accepts Bernice's offer but then when she gets in and sees Curtis's offer she tells Bernice to ignore it. As she wishes to go for Curtis offer. In this scenario I will be discussing offer, acceptance postal rules and instantaneous communications as these are the legal issues raised within this scenario. Bernice seems to have made a clear offer of £4,500 and this offers seems to be communicated to Andrea on Monday morning at 10.00am when Bernice says that she will assume that the offered been accepted unless she hers from Andrea by 9.00pm that evening. Curtis's offer of £4,750 is only communicated on Monday 11:00am however it is communicated to Andrea at 9.30pm when she gets home and sees the note which does seem to be an acceptance of the offer. On Monday 2.15pm David posted a letter to Andrea accepting the offer which she had received on Friday to buy the caravan for £4,750. This letter was not received for four days. Therefore this
Invitation To Treat
Invitation To Treat One of the essential requirements of a contract is agreement, which is usually analysed in terms of an offer met by an unqualified acceptance. Hairy & Black who makes the original offer is the offeror; Richard who receives it is the offeree. In this case, Hariy & Black inserts such an advertisement is making it known that they are prepared to receive offers or negotiate a contract. Item advertised on paper is considered invitations to treat. An invitation to treat is not an offer, it is merely an invitation to others to make offers. It follows that an invitation to treat cannot be accepted in such a way as to form a contract and equally the person extending the invitation is not bound to accept any offers made to them. Public Advertisement is an example of common situations involving invitation to treat. In Partridge v Crittenden (1968), a person was charged with 'offering' a wild bird for sale contrary to Protection of Birds Act 1954, after he had placed an advert relating to the sale of such birds in a magazine. However, this should be contrasted with decisions such as that in Carlill v Carbolic Smoke Ball Co (1893), where the relevant newspaper advertisement was held to be an offer. Like Carlill's case, it is a unilateral contract and not a bilateral contract. The invitation to tender of this case, if made in appropriate terms (such as that an
Law of Contract - Promissory Estoppel
LAW OF CONTRACT - PROMISSORY ESTOPPEL Kajai, a café proprietor hired a dish washing machine from Long for use in the café at a rental of $10 per week. In January 1991, the local council began extensive roadworks outside the café which made it difficult for people to get to the café and Kajai's business was seriously affected. At Kajai's request Long agreed to reduce the rental to $1 per week for 3 months. By the end of the 3 months, the roadworks had been completed but Kajai's café now needed redecorating because of all the dust created by the roadwork. Kajai told Long that he was on the verge of bankruptcy and begged him to leave the rental for the dish washing at $1 per week for a further 6 months. Reluctantly, Long agreed. In June a fire occurred at a rival café across the road from Kajai's and it was forced to close, so that Kajai now enjoys greatly increased business and is making handsome profits. Long on the other hand, is very short of money and needs every penny he can get. Kajai insists that Long is still only entitled to $1 per week rental. Advise Long. ANSWER In advising Long, one must firstly, consider whether there is an existence of a contract, which is an agreement between two parties giving rise to rights and liabilities. From the facts given, there is an existence of a contract for the rental of the dish washing machine at a rent of $10 per
A contract is formed between two or more parties.
A contract is formed between two or more parties. In order for a contract to be legally binding there must be offer and acceptance. This simple basis for a contract is not as clear cut as it first appears. In certain circumstances it is often necessary for the two parties to the contract to communicate via post or by other indirect means. This practise gives rise to the problem of whether an acceptance is given when it is posted or when it is received. There is also the issue of whether or not the person posting the acceptance wilfully intended there to be a delay in delivery. The use of electronic mail further ads to the complication as the courts must decide whether or not electronic mail can be classified as instantaneous communication. Firstly, let us examine the postal rule in order to analyse its possible applications to communication by electronic means. As already stated, the two elements of a simple contract are the offer and the acceptance. The acceptance will only have effect when it is given to the offeror in response to his offer. Lord Herschell defines the postal rule as: "Where the circumstances are such that it must have been within the contemplation of the parties that ... the post might be used as a means of communicating the acceptance of an offer, the acceptance is complete as soon as it is posted."1 The postal rule is an exception to the general rule
Aspects of the law affecting construction projects.
Transfer-Encoding: chunked LAW AND CONTRACT PRINCIPLES AND PROCEDURES OF LAW Task 1 . Brown v Smith [1984] 2AER456 – Brown is the name of the plaintiff [the person or company filing the legal action]. V = versus [against] Smith [the defendant].1984 is the year the judicial precedent was set. 2AER456 is Volume 2 of one of a series of Law Reports AER being All England Law Reports followed by page number 456. . Defences available to a person being sued in an action for tort. 1. Volenti nin fit injutia – meaning consent negates the risk – ‘there is no injury to a willing person’. If someone is aware of and has agreed to accept the risk then they cannot at a later date sue if that risk occurs. This occurs when the plaintiff knew of the risks, was aware that the defendant was negligent and continued to accept the risks. An example of this is Ashton v Turner and another 1980 where Ashton, the plaintiff, and the 2 defendants planned a robbery using one of the defendant’s cars. All went drinking prior to the burglary but Ashton was injured in an ensuing chase. The plaintiff sued both defendants for negligence, Turner for dangerous and drunken driving and the other defendant for allowing Turner to derive without insurance. 2. Statutory Authority - a number of states authorise acts which, but for the power conferred by the statute would constitute a tort.
Business Law
BUSINESS LAW CONTRACTS AND ECONOMIC DEVELOPMENT OF EASTERN EUROPE 11/16/04 The concept of contract law has been developed through years. It deals with how different procedures have been used to help solve contract conflicts. Contract law reflects real business experience since it can be traced back to the days when in order to solve a dispute English courts used the lex mercatoria, which were the commercial rules that merchants used when doing business across borders. A contract is the legal relationship that consists of the rights and duties of the agreeing parties growing out of promises. Contract law, governs the enforcement of such relationship. Different states have developed different contracts laws within the United States. Nevertheless, the basic rules are the same in all states. The case I used in this presentation was the case between Ardente Vs. Horans. The Horans offered to sell their house in Newport, Rhode Island. Ardente offered to pay $250,000 for the property. His offer was communicated to the Horan's through his attorney. The Horans indicated, in a reply through their attorney, that the bid was acceptable. The Horans' Attorney prepared a sell contract and sent it to Ardente for his signature. Ardente's Lawyer then returned the signed contract, with a check for $20,000 and a letter stating: "My clients are concerned that the following items remain
