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Darcy V. Allein
''Edward Darcy Esquire v Thomas Allin of London Haberdasher'' (1602) 74 ER 1131 (also spelt as "Allain" or "Allen" and "Allein" but most widely known as the ''Case of Monopolies''), was an early landmark case in English law, establishing that the grant of exclusive rights to produce any article was improper (monopoly). The reasoning behind the outcome of the case, which was decided at a time before courts regularly issued written opinions, was reported by Sir Edward Coke. Facts The plaintiff, Edward Darcy, a Groom of the Chamber in the court of Queen Elizabeth, received from the Queen a license to import and sell all playing cards to be marketed in England. This arrangement was apparently secured in part by the Queen's concern that card-playing was becoming a problem among her subjects and that having one person control the trade would regulate the activity. When the defendant, Thomas Allin, a member of the Worshipful Company of Haberdashers, sought to make and sell his own pla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Coke Cases
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. Peop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1599 In English Law
__NOTOC__ Events January–June * January 8 – The Jesuit educational plan, known as the ''Ratio Studiorum'', is issued. * March 12 – Robert Devereux, 2nd Earl of Essex, is appointed Lord Lieutenant of Ireland, by Queen Elizabeth I of England. * April 23 – The Earl of Essex arrives in Dublin at the head of 16,000 troops, the largest army ever seen in Ireland. * May 16 – The Kalmar Bloodbath takes place in Kalmar, Sweden. * May 29 – Essex takes Cahir Castle, supposedly the strongest in Ireland, after a short siege. * June 20 – The Synod of Diamper is convened. July–December * July – Second Dutch Expedition to Indonesia: A Dutch fleet returns to Amsterdam, carrying 600,000 pounds of pepper and 250,000 pounds of cloves and nutmeg. * July 24 – Swedish King Sigismund III Vasa is dethroned by his uncle Duke Charles, who takes over as regent of the realm until 1604, when he becomes King Charles IX. * August 15 – First Battle of Curlew Pass: Irish forces d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of Competition Law
The history of competition law refers to attempts by governments to regulate competitive markets for goods and services, leading up to the modern competition or antitrust laws around the world today. The earliest records traces back to the efforts of Roman legislators to control price fluctuations and unfair trade practices. Throughout the Middle Ages in Europe, kings and queens repeatedly cracked down on monopolies, including those created through state legislation. The English common law doctrine of restraint of trade became the precursor to modern competition law. This grew out of the codifications of United States antitrust statutes, which in turn had considerable influence on the development of European Community competition laws after the Second World War. Increasingly, the focus has moved to international competition enforcement in a globalised economy. Early history Laws governing competition law are found in over two millennia of history. Roman Emperors and Mediaeval mona ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restraint Of Trade
Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of ''Mitchel v Reynolds'' (1711) Lord Smith LC said,''Mitchel v Reynolds'' (1711) 1 P Wms 181 it is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it on according to his own discretion and choice. If the law has regulated or restrained his mode of doing this, the law must be obeyed. But no power short of the general law ought to restrain his free discretion. A contractual undertaking not to trade is void and unenforceable against the promisor as contrary to the public policy of promoting trade, unless the restraint of trade is reasonable to protect the interest of the purchaser of a business.'' Nordenfelt v Maxim, Nordenfelt Guns and Ammunition Co'' 894AC 535 Restraints of trade can also appear in post-t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competition Law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a national level to promote and maintain fair competition in markets principally within the territori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antitrust
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a national level to promote and maintain fair competition in markets principally within the territorial boun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass On The Case
The writs of trespass and trespass on the case are the two catchall torts from English common law, the former involving trespass against the person, the latter involving trespass against anything else which may be actionable. The writ is also known in modern times as action on the case and can be sought for any action that may be considered as a tort but is yet to be an established category. The emergence of the writ of trespass Trespass and trespass on the case, or "case", began as personal remedies in the royal courts in London in the 13th century. These early forms of trespass reflected a wide range of wrongs. In 1278, however, the Statute of Gloucester was passed. This limited actions in the royal courts to property damage worth above 40 shillings, maims, beatings or wounds. Soon after this Statute was passed, writs of Trespass appeared in a stereotyped form alleging "force and arms", or "'' vi et armis''". Trespass writs alleging force and arms became known simply as tre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Worshipful Company Of Haberdashers
The Worshipful Company of Haberdashers, one of the Great Twelve City Livery Companies, is an ancient merchant guild of London, England associated with the silk and velvet trades. History and functions The Haberdashers' Company follows the Mercers' Company ( inc. 1394, also connected with clothing and previously haberdashery) in precedence, receiving its first Royal Charter in 1448 and holds records dating back to 1371. The formal name under which it is incorporated is ''The Master and Four Wardens of the Fraternity of the Art or Mystery of Haberdashers in the City of London''. The company was originally responsible for the regulation of silk and velvet merchants, but began losing control over those trades as the population of London increased and spread outwards from the City after the Industrial Revolution. Through careful stewardship of financial bequests and funds, the company now serves as a significant educational and charitable institution whilst maintaining link ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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