15th September 2008
Introduction
Most contractual disputes involve questions relating to the scope of each party's obligations under a contract. When a contract is formed, usually the parties do not take the time and effort to express all of the obligations to be performed....
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16th July 2008
IntroductionThe doctrine of privity of contract is the relationship that exists between parties to a contract. Only those parties to the contract are bound by it and are able to enforce the contractual obligations under the contract. The concepts of novat...
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16th July 2008
IntroductionThere are various remedies available to an innocent party where there has been a breach of contract. The main remedy (and the most well known) is damages. However there are suite of remedies available at law that are available in certain situa...
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16th July 2008
Introduction
An action for passing off is made out when a person makes a misrepresentation which is calculated to deceive and cause damage to the business or goodwill of the other person, and that other person has accumulated goodwill in respect to the...
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11th February 2008
A fundamental question that arises in many disputes is the most obvious - who owns the copyright in the software? Legal ownership and legal advice in most cases may be determined by reference to fundamental copyright principles. Determining the first owne...
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11th February 2008
IPR - Briefing Note
Intellectual property rights ("IPRs") are intangible rights granted by statute and serve a dual purpose. Firstly they reward investment of risk capital utilised for creating new materials that fall under their ambit. Secondly they...
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21st November 2006
Registration of a company name, domain name or using a name in a business for a period of time does not give rise to a right to use the name in association with a business or a product. Simply because the name does not appear on a Google search also does ...
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