Nordenfelt V Maxim, Nordenfelt Gun Co
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Nordenfelt V Maxim, Nordenfelt Gun Co
''Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd'' [1894] AC 535 is a 19th-century English case decided by the House of Lords. The dispute was about restraint of trade, and the judgment declares when such a restraint (which is ''prima facie'' void) may become valid. The case also established the "Blue pencil doctrine" as a method for deciding whether contractual obligations can be partially enforced when the obligation as drafted in the contract has an element of illegality. Facts Thorsten Nordenfelt, a manufacturer specialising in armaments, had sold his business to Hiram Stevens Maxim. They had agreed that Nordenfelt ‘would not make guns or ammunition anywhere in the world, and would not compete with Maxim in any way for a period of 25 years’. Judgment The House of Lords held that the restraint was reasonable in the interests of the parties. They placed emphasis on the £200,000 that Thomas Nordenfeldt had received as full value for his sale.[1894] AC 535 Lord ...
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Edward Macnaghten, Baron Macnaghten
Edward Macnaghten, Baron Macnaghten, (3 February 1830 – 17 February 1913) was an Anglo-Irish law lord, barrister, rower, and Conservative- Unionist politician. Early life and rowing Macnaghten was born in Bloomsbury, London, the second son of Sir Edmund Workman-Macnaghten, Bt., but grew up mainly at Roe Park, Limavady. He attended school in Sunderland and university at Trinity College Dublin and Trinity College, Cambridge, graduating Bachelor of Arts in 1852. At Cambridge, he was secretary of the Pitt Club. Macnaghten was a rower at Cambridge. In 1851, he was runner up to E. G. Peacock in the Diamond Challenge Sculls at Henley Royal Regatta, but avenged this the following year with a win. Macnaghten rowed bow for Cambridge in the Oxford and Cambridge Boat Race in 1852 which was won by Oxford. Also in 1852, he turned the tables on Peacock to win the Diamond Challenge Sculls from him at Henley. Legal and political career After being called to the Bar by Lincoln's Inn ...
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Mitchel V
Mitchell may refer to: People *Mitchell (surname) * Mitchell (given name) Places Australia * Mitchell, Australian Capital Territory, a light-industrial estate * Mitchell, New South Wales, a suburb of Bathurst * Mitchell, Northern Territory, a suburb of Palmerston * Mitchell, Queensland, a town * Mitchell, South Australia, on lower Eyre Peninsula * Division of Mitchell, a federal Australian Electoral Division in north-west Sydney, New South Wales * Electoral district of Mitchell (Queensland), a former electoral district * Electoral district of Mitchell (South Australia), a state electoral district * Electoral district of Mitchell (Western Australia) a state electoral district * Shire of Mitchell, a local government area in Victoria Canada * Mitchell, Ontario * Mitchell, Manitoba, an unincorporated community * Mitchell Island, British Columbia * Mitchell Island (Nunavut) United Kingdom * Mitchell, Cornwall, a village * Mitchell (UK Parliament constituency) United ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ...
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Severability
In law, severability (sometimes known as salvatorius, from Latin) refers to a provision in a contract or piece of legislation which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply. Sometimes, severability clauses will state that some provisions to the contract are so essential to the contract's purpose that if they are illegal or unenforceable, the contract as a whole will be voided. However, in many legal jurisdictions, a severability clause will not be applied if it changes the fundamental nature of the contract, and that instead the contract will be void; thus, often this is not explicitly stated in the severability clause. Sample clause If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: #the validity or enforceability in that jurisdiction of any other provision of this Agreement; or #the validity or enforceability in other jurisdictions o ...
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Blue Pencil (editing)
A blue pencil is a pencil traditionally used by a copy editor or sub-editor to show corrections to a written copy. The colour is used specifically because it will not show in some lithographic or photographic reproduction processes; these are known as non-photo blue pencils. For similar reasons, sometimes red pencils are used since their pigment will not reproduce by xerography. With the introduction of electronic editing using word processors or desktop publishing, literal blue pencils are seen more rarely. See also *Non-photo blue *Colored pencil * List of proofreader's marks * Blue pencil doctrine The blue pencil doctrine is a legal concept in common law countries, where a court finds that portions of a contract are void or unenforceable, but other portions of the contract are enforceable. The Blue Pencil Rule allows the legally valid, e ... a legal doctrine in common law countries where some parts of a contract are enforced, but not the entire contract. External lin ...
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Severability
In law, severability (sometimes known as salvatorius, from Latin) refers to a provision in a contract or piece of legislation which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply. Sometimes, severability clauses will state that some provisions to the contract are so essential to the contract's purpose that if they are illegal or unenforceable, the contract as a whole will be voided. However, in many legal jurisdictions, a severability clause will not be applied if it changes the fundamental nature of the contract, and that instead the contract will be void; thus, often this is not explicitly stated in the severability clause. Sample clause If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: #the validity or enforceability in that jurisdiction of any other provision of this Agreement; or #the validity or enforceability in other jurisdictions o ...
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Public Policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public policy can be considered to be the sum of government direct and indirect activities and has been conceptualized in a variety of ways. They are created and/or enacted on behalf of the public typically by a government. Sometimes they are made by nonprofit organisations or are made in co-production with communities or citizens, which can include potential experts, scientists, engineers and stakeholders or scientific data, or sometimes use some of their results. They are typically made by policy-makers affiliated with (in democratic polities) currently elected politicians. Therefore, the "policy process is a complex political process in which there are many actors: elected politicians, political party leaders, pressure groups, civil servants ...
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Ward V
Ward may refer to: Division or unit * Hospital ward, a hospital division, floor, or room set aside for a particular class or group of patients, for example the psychiatric ward * Prison ward, a division of a penal institution such as a prison * Ward (electoral subdivision), electoral district or unit of local government ** Ward (KPK), local government in Khyber Pakhtunkhwa, Pakistan ** Ward (South Africa) ** Wards of Bangladesh ** Wards of Germany ** Wards of Japan ** Wards of Myanmar ** Wards and electoral divisions of the United Kingdom ** Ward (United States) *** Wards of New Orleans * Ward (fortification), part of a castle * Ward (LDS Church), a local congregation of The Church of Jesus Christ of Latter-day Saints * Ward (Vietnam), a type of third-tier subdivision of Vietnam Entertainment, arts and media * WOUF (AM), a radio station (750 AM) licensed to serve Petoskey, Michigan, United States, which held the call sign WARD from 2008 to 2021 * Ward Cleaver, a fictional ...
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Tindal C
Tindal, Tindale or Tindall may refer to: People * Adela Tindal (1862–1929), British composer, more usually known as Adela Maddison * Bill Tindall (1925–1995), American aerospace engineer, NASA engineer and manager * Blair Tindall (born 1960), American oboist and journalist * George Tindall (1921–2006), American historian * Gillian Tindall (born 1938), British author * Mardi Tindal (born 1952), Moderator of the United Church of Canada * Mary Tindale (1920–2011), Australian botanist * Matthew Tindal (1657–1733), English writer influential at the dawn of the Enlightenment * Mike Tindall (born 1978), English rugby player * Mike Tindall (footballer) (1941–2020), English football player * Nicolas Tindal (1687–1774), 18th century translator and historian, nephew of Matthew * Norman Tindale (1900–1993), Australian anthropologist, archaeologist and entomologist * Nicholas Conyngham Tindal (1776–1846), English Lord Chief Justice of the Common Pleas (great grandson of Re ...
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Horner V
Horner is an English and German surname that derives from the Middle English word for the occupation ''horner'', meaning horn-worker or horn-maker, or even horn-blower. People *Alison Horner (born 1966), British businesswoman * Arthur Horner (other), several people * Billy Horner (born 1942), English footballer and manager *Bob Horner (born 1957), American baseball player *Brigitta Horner (1632-1640), German child witch: see Witchcraft accusations against children *Chris Horner (born 1971), American bicyclist * Christopher C. Horner, American attorney and author *Christian Horner (born 1973), team principal of the Red Bull Racing Formula One team *Chuck Horner (born 1936), American General *Constance Horner (born 1942), American public official and businesswoman *Craig Horner (born 1983), Australian actor * Cynthia Horner, American writer and magazine editor *David Horner (born 1948), Australian military historian *Francis Horner (1778–1817), Scottish politician an ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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