Public Policy in English and American Law
... Freedom of contract rests on the principle that it is in the interest of the public to grant broad powers to individuals in order to facilitate their transactions. It also implies that parties of full age and competent understanding must have the greatest freedom of contracting. Consequently, courts ...
... Freedom of contract rests on the principle that it is in the interest of the public to grant broad powers to individuals in order to facilitate their transactions. It also implies that parties of full age and competent understanding must have the greatest freedom of contracting. Consequently, courts ...
Delegation of Federal Authority to Private Interests
... 9See, e.g., Jaffe, An Essay on Delegation of Legislative Power: II, 47 COLUM. L. Ray. 561, 581 (1947) ("Were the country to enter a new depression or become committed to general planning, insistence on the doctrine of the Schechter case might again provoke a constitutional crisis." "Realistically co ...
... 9See, e.g., Jaffe, An Essay on Delegation of Legislative Power: II, 47 COLUM. L. Ray. 561, 581 (1947) ("Were the country to enter a new depression or become committed to general planning, insistence on the doctrine of the Schechter case might again provoke a constitutional crisis." "Realistically co ...
Document
... not be subject to the “direction or control of any person.” Counsel for the community submitted that the conflict between the two provisions should be resolved in favour of community law. He argued that under the Treaty for East African Co-operation,18 the members undertook to take all steps within ...
... not be subject to the “direction or control of any person.” Counsel for the community submitted that the conflict between the two provisions should be resolved in favour of community law. He argued that under the Treaty for East African Co-operation,18 the members undertook to take all steps within ...
Unexpected Circumstances arising from World War I and its
... systems do not offer such a solution either because they do not have such an ‘exceptional’ doctrine or, even if they have such a doctrine (as most jurisdictions do), this doctrine generally cannot lead to an adjustment of the contract.1 In this article, it will be argued that this distinction can be ...
... systems do not offer such a solution either because they do not have such an ‘exceptional’ doctrine or, even if they have such a doctrine (as most jurisdictions do), this doctrine generally cannot lead to an adjustment of the contract.1 In this article, it will be argued that this distinction can be ...
The Relationship Between Employment Agreements and Trade
... existed. " In several cases preceding Electro-Craft, Minnesota courts have granted injunctions to prevent former employees from competing with their employers. 12 Each case involved employment agreements. 13 In Electro-Craft, however, the court denied injunctive relief to the plaintiff/employer even ...
... existed. " In several cases preceding Electro-Craft, Minnesota courts have granted injunctions to prevent former employees from competing with their employers. 12 Each case involved employment agreements. 13 In Electro-Craft, however, the court denied injunctive relief to the plaintiff/employer even ...
July 2012 MEE Questions and Analyses
... act of a coworker has a cause of action for damages against that coworker. Title II of the Act imposes several duties on employers subject to the Act and creates a cause of action against employers who do not fulfill those duties. Section 201 provides that all employers, “including all States, their ...
... act of a coworker has a cause of action for damages against that coworker. Title II of the Act imposes several duties on employers subject to the Act and creates a cause of action against employers who do not fulfill those duties. Section 201 provides that all employers, “including all States, their ...
UCC - Article 1 (2001-2002 ed.)
... (d) the lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or (e) the lessee has an option to become the owner of the goo ...
... (d) the lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or (e) the lessee has an option to become the owner of the goo ...
A Marriage between Socialist, Third World, Common, and Civil Law
... To encourage large-scale adoption, the Convention does not encompass subjects considered too controversial for agreement. Liability for defective products, for example, varies in different countries. Some have a developed system of product liability law, others do not. The Convention thus limits its ...
... To encourage large-scale adoption, the Convention does not encompass subjects considered too controversial for agreement. Liability for defective products, for example, varies in different countries. Some have a developed system of product liability law, others do not. The Convention thus limits its ...
Price Discrimination Law and Economic Efficiency
... Other pricing systems as well may facilitate oligopoly price calculation and the avoidance of price competition. The basing-point system, however, suffers peculiar additional disadvantages. To the extent that it is successful, it may interfere with long-range adjustments in productive capacity, and ...
... Other pricing systems as well may facilitate oligopoly price calculation and the avoidance of price competition. The basing-point system, however, suffers peculiar additional disadvantages. To the extent that it is successful, it may interfere with long-range adjustments in productive capacity, and ...
Rational Retroactivity in a Commercial Context
... policy is a matter of universal importance that is not limited solely to cases in which a new law alters the legal status of past conduct20 but is inclusive of all situations in which there is a risk that the future consequences of present conduct might be altered in some unknown way by a change in ...
... policy is a matter of universal importance that is not limited solely to cases in which a new law alters the legal status of past conduct20 but is inclusive of all situations in which there is a risk that the future consequences of present conduct might be altered in some unknown way by a change in ...
“buyer power” and economic policy
... obtaining and exercising greater monopsony power through anticompetitive means. No serious argument can be made that antitrust law should make distinctions between buyer power and seller power if significant market power is obtained anticompetitively, such as through horizontal combination or collus ...
... obtaining and exercising greater monopsony power through anticompetitive means. No serious argument can be made that antitrust law should make distinctions between buyer power and seller power if significant market power is obtained anticompetitively, such as through horizontal combination or collus ...
Consortium Bidding Guide
... breach competition law if all of the following conditions are met: (i) none of the consortium members could fulfil the requirements of the tender competition or the contract on its own; (ii) no subset of the consortium members could together fulfil the requirements of the tender competition or the c ...
... breach competition law if all of the following conditions are met: (i) none of the consortium members could fulfil the requirements of the tender competition or the contract on its own; (ii) no subset of the consortium members could together fulfil the requirements of the tender competition or the c ...
Detailed contents
... principles of state policy; ordinance making powers of the President and the Governors; legislative powers of the Union and the States; freedom of trade, commerce and intercourse; constitutional provisions relating to State monopoly; judiciary; writ jurisdiction of High Courts and the Supreme Court; ...
... principles of state policy; ordinance making powers of the President and the Governors; legislative powers of the Union and the States; freedom of trade, commerce and intercourse; constitutional provisions relating to State monopoly; judiciary; writ jurisdiction of High Courts and the Supreme Court; ...
The History of Contract Law
... the reluctance to uphold bare promises is a recurring theme throughout this history and a question that has attracted renewed interest in the modern age. So for the first time this evening, though certainly not the last, we may question: what is the basis for liability in contract? promise, consent, ...
... the reluctance to uphold bare promises is a recurring theme throughout this history and a question that has attracted renewed interest in the modern age. So for the first time this evening, though certainly not the last, we may question: what is the basis for liability in contract? promise, consent, ...
Yes - Simon Business School
... • Conform to affirmation • Usually not possible • Conform to promise • Conform to sample model, or description ...
... • Conform to affirmation • Usually not possible • Conform to promise • Conform to sample model, or description ...
200606DiazBus - UNC School of Government
... Compare Melton v. Family First Mortg. Corp., 156 N.C. App. 129, 576 S.E.2d 365 (2003)(SJ for defendant proper with respect to handling of mortgage documents where plaintiff failed to show that any of the allegedly unfair or deceptive acts violated industry standards or caused actual injury), with Wa ...
... Compare Melton v. Family First Mortg. Corp., 156 N.C. App. 129, 576 S.E.2d 365 (2003)(SJ for defendant proper with respect to handling of mortgage documents where plaintiff failed to show that any of the allegedly unfair or deceptive acts violated industry standards or caused actual injury), with Wa ...
The Effect of Article 10bis of the Paris Convention on American
... This Note analyzes these disparate results and addresses whether section 44 of the Lanham Act incorporates the Paris Convention's substantive prohibitions against unfair competition. Part I of this Note outlines sections 43(a) and 44 of the Lanham Act, and the legislative intent behind these provisi ...
... This Note analyzes these disparate results and addresses whether section 44 of the Lanham Act incorporates the Paris Convention's substantive prohibitions against unfair competition. Part I of this Note outlines sections 43(a) and 44 of the Lanham Act, and the legislative intent behind these provisi ...
the use of multiple restraints of trade in sport and the
... The question of multiple restraints and reasonableness is all the more topical for recent calls to reintroduce a draft system in the National Rugby League (‘NRL’) in addition to the existing salary cap.8 And again, the proposed use of a salary cap in rugby union in addition to existing trade restrai ...
... The question of multiple restraints and reasonableness is all the more topical for recent calls to reintroduce a draft system in the National Rugby League (‘NRL’) in addition to the existing salary cap.8 And again, the proposed use of a salary cap in rugby union in addition to existing trade restrai ...
law and the social control of american capitalism
... In the context of this larger story of legal and governmental transformation, the subject of this particular Essay is economic policy—the origins of modern American economic regulation. The period from 1877 to 1932 basically marks the development of modern capitalism in the United States—a realignme ...
... In the context of this larger story of legal and governmental transformation, the subject of this particular Essay is economic policy—the origins of modern American economic regulation. The period from 1877 to 1932 basically marks the development of modern capitalism in the United States—a realignme ...
Recent Developments in Oklahoma Business and Corporate Law
... See gen. Carl Dahlman, “Technology, Globalization, and International Competitiveness”, Industrial Development for the 21st Century (United Nations, 2007) (available at http://www.un.org/esa/ sustdev/publications/industrial_development/1_2.pdf); and Thomas Friedman, The World is Flat (2005); Robert E ...
... See gen. Carl Dahlman, “Technology, Globalization, and International Competitiveness”, Industrial Development for the 21st Century (United Nations, 2007) (available at http://www.un.org/esa/ sustdev/publications/industrial_development/1_2.pdf); and Thomas Friedman, The World is Flat (2005); Robert E ...
Globalization and Economics
... But what is it? Clearly, globalization has something to do with increased integration of the world society, with an emphasis on increased economic integration. It also has something to do with businesses changing their reference point--thinking globally rather than locally. Finally, it has something ...
... But what is it? Clearly, globalization has something to do with increased integration of the world society, with an emphasis on increased economic integration. It also has something to do with businesses changing their reference point--thinking globally rather than locally. Finally, it has something ...
Competition Law and REALTORS®: What You Say and Do Matters
... as a result of the agreement (a so-called “undue” prevention or lessening of competition). The practical impact of this was that, generally speaking, smaller market players (e.g., some individual REALTORS®, smaller real estate firms, etc.) faced relatively little potential liability for agreements o ...
... as a result of the agreement (a so-called “undue” prevention or lessening of competition). The practical impact of this was that, generally speaking, smaller market players (e.g., some individual REALTORS®, smaller real estate firms, etc.) faced relatively little potential liability for agreements o ...
ch14
... and arose from three main influences: 1. Economists have become more confident and vocal in predicting the gains from deregulation. 2. The significant hike in energy prices of the 1970s increased the cost of regulation borne by consumers. ...
... and arose from three main influences: 1. Economists have become more confident and vocal in predicting the gains from deregulation. 2. The significant hike in energy prices of the 1970s increased the cost of regulation borne by consumers. ...
MNConsumerFraudAmBrief - National Association of Consumer
... court incorrectly held that consumers must prove reliance in order to meet their burden of proof under the MCFA and the Private Attorney General Statute, Minn. Stat. § 8.31, subd. 3a (Private AG Statute). Statutory causation of consumer injury does not mean “reliance,” as that term was contemplated ...
... court incorrectly held that consumers must prove reliance in order to meet their burden of proof under the MCFA and the Private Attorney General Statute, Minn. Stat. § 8.31, subd. 3a (Private AG Statute). Statutory causation of consumer injury does not mean “reliance,” as that term was contemplated ...
Corporate Practice Problem 7-16-13 (00014077
... reserved to physicians. That expanded responsibility suggests that if the state applies the doctrine at all, it may yet be an appropriate restraint on the business side of this health profession. The 50% interest held by a non-therapist in the client’s business tends to support further the idea that ...
... reserved to physicians. That expanded responsibility suggests that if the state applies the doctrine at all, it may yet be an appropriate restraint on the business side of this health profession. The 50% interest held by a non-therapist in the client’s business tends to support further the idea that ...
United Kingdom competition law
United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes for cases with a purely national dimension. However if the effect of a business' conduct would reach across borders, the European Commission has competence to deal with the problems, and exclusively EU law would apply. Even so, the section 60 of the Competition Act 1998 provides that UK rules are to be applied in line with European jurisprudence. Like all competition law, that in the UK has three main tasks. prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels. banning abusive behaviour by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal and many others. supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to ""remedies"" such as an obligation to divest part of the merged business or to offer licences or access to facilities to enable other businesses to continue competing.The Competition and Markets Authority (CMA) is the primary regulatory body for competition law enforcement. It was created through the merger of the Office of Fair Trading (OFT) with the Competition Commission. The formation of the CMA was enacted in Part 3 of the Enterprise and Regulatory Reform Act 2013, which received royal assent on 25 April 2013. Consumer welfare is usually thought of as the dominant objective of competition law, though it may connect with a number of difficult questions relating to industrial policy, regional development, protection of the environment and the running of public services. Competition law is closely connected with law on deregulation of access to markets, state aids and subsidies, the privatisation of state owned assets and the establishment of independent sector regulators. Specific ""watchdog"" agencies such as Ofgem, Ofcom and Ofwat are charged with seeing how the operation of those specific markets work. The OFT and the Competition Commission's work is generally confined to the rest.