Doctrine Of Non-derogation From Grants
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Doctrine Of Non-derogation From Grants
The doctrine of non-derogation from grants is a principle of the law of England and Wales. As the House of Lords explained in '' British Leyland Motor Corp. v. Armstrong Patents Co.'', it states that a seller of realty or goods is not permitted to take any action (such as bringing an infringement action) that will lessen the value to the buyer of the thing sold. United States federal law recognises similar doctrines such as the exhaustion doctrine or doctrine of implied license. A similar effect has also been realised in United States patent law under the doctrine of repair and reconstruction.See '' Aro Mfg. Co. v. Convertible Top Replacement Co.'', 365 U.S. 336 (1961). An important difference between the doctrine of non-derogation from grants and other doctrines, particularly implied license, that are used to accomplish similar results is that the doctrine of non-derogation from grants is "inherent" as a matter of property law and apparently cannot be avoided by a seller's use of ...
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Law Of England And Wales
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law ori ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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British Leyland Motor Corp
British Leyland was an automotive engineering and manufacturing conglomerate formed in the United Kingdom in 1968 as British Leyland Motor Corporation Ltd (BLMC), following the merger of Leyland Motors and British Motor Holdings. It was partly nationalised in 1975, when the UK government created a holding company called British Leyland, later renamed BL in 1978. It incorporated much of the British-owned motor vehicle industry, which in 1968 had a 40 percent share of the UK car market, with its history going back to 1895. Despite containing profitable marques such as Jaguar, Rover and Land Rover, as well as the best-selling Mini, BLMC had a troubled history, leading to its eventual collapse in 1975 and subsequent part-nationalisation. After much restructuring and divestment of subsidiary companies, BL was renamed the Rover Group in 1986, becoming a subsidiary of British Aerospace from 1988 to 1994, then was subsequently bought by BMW. The final surviving incarnation of the co ...
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Realty
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property. In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property "heritable property", and in French-based law, it is called ''immobilier'' ("immovable property"). Historical background The word "r ...
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United States Federal Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence o ...
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Exhaustion Doctrine Under U
Fatigue describes a state of tiredness that does not resolve with rest or sleep. In general usage, fatigue is synonymous with extreme tiredness or exhaustion that normally follows prolonged physical or mental activity. When it does not resolve after rest or sleep, or occurs independently of physical or mental exertion, it may be a symptom of a medical condition that may become severe or progressive. Fatigue can be a feature of a mental disorder such as depression; may be associated with conditions of chronic pain such as fibromyalgia; it may also feature in conditions of chronic low-level inflammation, and be a disease-related symptom in many other conditions. Fatigue often has no known cause, and is recognised as being very complex in nature. Fatigability describes a susceptibility to fatigue. Physical fatigue results from muscle fatigue brought about by intense physical activity. Mental fatigue results from prolonged periods of cognitive activity which impairs cognitive abil ...
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Implied License
An implied license is an unwritten license which permits a party (the licensee) to do something that would normally require the express permission of another party (the licensor). Implied licenses may arise by operation of law from actions by the licensor which lead the licensee to believe that it has the necessary permission. Implied licenses often arise where the licensee has purchased a physical embodiment of some intellectual property belonging to the licensor, or has paid for its creation, but has not obtained permission to use the intellectual property. Examples * A person who purchases a record album does not explicitly purchase a right to ''perform'' that album by playing it on a record player, but this right is implied. * A person who posts a lengthy comment to an internet forum may claim copyright to that post. However, if posters in that forum commonly copy the entire text to which they are responding into a later post, the original poster will be deemed to have given ...
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United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of the United States, U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government procurement, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving Federal crime in the United States, criminal, Bankruptcy in the United States, bankruptcy, Immigration to the United States, immigration, or State law (United States), U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Cus ...
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United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. United States patent law is codified in Title 35 of the United States Code, and authorized by the U.S. Constitution, in Article One, section 8, clause 8, which states: Patent law is designed to encourage inventors to disclose their new technology to the world by offering the incentive of a limited-time monopoly on the technology. For U.S. utility patents, this limited-time term of patent i ...
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Aro Mfg
ARO (short for Auto Romania) was a Romanian off-road vehicle manufacturer located in Câmpulung. The first ARO vehicles were produced in 1957, and the last in 2003. For a short while, Daihatsu-powered AROs were sold in Spain and produced in Portugal under the brands. In Italy, AROs were produced and sold under the ACM brand, often fitted with Volkswagen engines. Low volume production of ARO vehicles has restarted under the aegis of a Czech company called Auto Max Czech (AMC). During the mid-2000s, Russian manufacturer Derways used ARO chassis to produce its Derways Cowboy model. History The first factory in Câmpulung was built during the Second World War, under orders from Marshal Ion Antonescu, starting 1942. The facility was initially meant to produce airscrews, being an extension of the Romanian aircraft manufacturer IAR. After the war, this factory formed the base for ARO. The beginning ARO manufactured over 380,000 vehicles, 2/3 of which were exported to some 110 ...
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Quanta Computer, Inc
Quanta is the plural of quantum. Quanta may also refer to: Organisations * Quanta Computer, a Taiwan-based manufacturer of electronic and computer equipment * Quanta Display Inc., a Taiwanese TFT-LCD panel manufacturer acquired by AU Optronics * QUANTA, a user group for the Sinclair QL computer * Quanta Services, a US-based speciality contractor for the electric, gas, and telecommunications industries * Quanta Technology, a utility infrastructure consulting company Technology * Quanta, an algorithm for random number generation for smart contracts * Quanta Plus, a web development tool Music * ''Quanta'', a 1997 album by Gilberto Gil * '' Quanta Live'', a Grammy Award-winning 1998 album by Gilberto Gil Science * Quanta (journal), an open-access academic journal * Quanta Magazine, a magazine covering developments in science Others * A line of bowling balls by Brunswick Bowling & Billiards * ''Quanta cura (Latin for "With how great care") was a papal encyclical issue ...
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Estoppel By Deed
Estoppel is a common law doctrine which, when it applies, prevents a litigant from denying the truth of what was said or done. The doctrine of estoppel by deed (also known as after-acquired title) is a particular estoppel doctrine in the context of real property transfers. Under the doctrine, the grantor of a deed (generally the seller of a piece of real property) is estopped (barred) from denying the truth of the deed. The doctrine may only be invoked in a suit arising out of the deed, or involving a particular right arising out of the deed. While rooted in warranty deeds, estoppel by deed has been extended to affect quitclaim deeds if the deed represents that the grantor actually had title. Examples 1. If O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, then title immediately passes to A. 2. However, if, as above, O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, A ''may'' elec ...
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