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Restitutio In Integrum
''Restitutio ad integrum'', or ''restitutio in integrum'', is a Latin term that means "restoration to original condition". It is one of the primary guiding principles behind the awarding of damages in common law negligence claims. In European patent law, it also refers to a means of redress available to an applicant or patentee who has failed to meet a time limit despite exercising all due care. In ancient Roman law, it was a specific method of praetor intervention in an otherwise-valid legal action that was viewed as especially unjust or harmful. Common law negligence claims ''Restitutio ad integrum'' is one of the primary guiding principles behind the awarding of damages in common law negligence claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position that would have been the case if the tortious action had not been committed. Thus, the plaintiff should clearly be awarded damages for direct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Term
__NOTOC__ This is a list of Wikipedia articles of Latin phrases and their translation into English. ''To view all phrases on a single, lengthy document, see: List of Latin phrases (full)'' The list also is divided alphabetically into twenty pages: * List of Latin phrases (A) * List of Latin phrases (B) * List of Latin phrases (C) * List of Latin phrases (D) * List of Latin phrases (E) * List of Latin phrases (F) * List of Latin phrases (G) * List of Latin phrases (H) * List of Latin phrases (I) * List of Latin phrases (L) * List of Latin phrases (M) * List of Latin phrases (N) * List of Latin phrases (O) * List of Latin phrases (P) * List of Latin phrases (Q) * List of Latin phrases (R) * List of Latin phrases (S) * List of Latin phrases (T) * List of Latin phrases (U) * List of Latin phrases (V) See also * Latin influence in English * Latinism Lists *List of abbreviations used in medical prescriptions *List of ecclesiastical abbreviations *List of Germanic and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Convention
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A sin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Organisation
The European Patent Organisation (sometimes abbreviated EPOrg in order to distinguish it from the European Patent Office, one of the two organs of the organisation) is a public international organisation created in 1977 by its contracting states to grant patents in Europe under the European Patent Convention (EPC) of 1973.Gower's Report on Intellectual Property , para 1.34 The European Patent Organisation has its at , |
Law Of Negligence
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Legal Terminology
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Maxim
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on and are to some degree collections of maxims. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language. The attitude of early English commentators towards the maximal of the law was one of unmingled adulation. In Thomas Hobbes, ''Doctor and Student'' (p. 26), they are described as of the same strength and effect in the law as statutes. Not only, observes Francis Bacon in the preface to his collection of maxims: The use of maxims will be "in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in correcting unprofitable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Opposition Procedure Before The European Patent Office
The opposition procedure before the European Patent Office (EPO) is a post-grant, contentious, ''inter partes'', administrative procedure intended to allow any European patent to be centrally opposed. European patents granted by the EPO under the European Patent Convention (EPC) may be opposed by any person from the public (no commercial or other interest whatsoever need be shown). This happens often when some prior art was not found during the grant procedure, but was only known by third parties. An opposition can only be based on a limited number of grounds,"The function of Article 100 EPC is to provide, within the framework of the EPC, a limited number of legal bases, ie a limited number of objections on which an opposition can be based." iDecision G 1/95 (19 July 1996) reasons 4.1. i.e. on the grounds that the subject-matter of the patent is not patentable, that the invention is insufficiently disclosed, or that the content of the patent extends beyond the content of the app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal Procedure Before The European Patent Office
The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO). For instance, a decision of an Examining Division refusing to grant a European patent application may be appealed by the applicant. The appeal procedure before the European Patent Office is under the responsibility of its Boards of Appeal, which are institutionally independent within the EPO. Overview Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. These boards act as the final instances in the granting and opposition procedures before the EPO. The Boards of Appeal have been recognised as courts, or tr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Emile Erlanger V The New Sombrero Phosphate Company
''Erlanger v New Sombrero Phosphate Co'' (1878) 3 App Cas 1218 is a landmark English contract law, restitution and UK company law case. It concerned rescission for misrepresentation and how the impossibility of counter restitution may be a bar to rescission. It is also an important illustration of how promoters of a company stand in a fiduciary relationship to subscribers. Facts Frédéric Émile d'Erlanger was a Parisian banker. He bought the lease of the Anguilla island of Sombrero for phosphate mining for £55,000. He then set up the New Sombrero Phosphate Co. Eight days after incorporation, he sold the island to the company for £110,000 through a nominee. One of the directors was the Lord Mayor of London, who himself was independent of the syndicate that formed the company. Two other directors were abroad, and the others were mere puppet directors of Erlanger. The board, which was effectively Erlanger, ratified the sale of the lease. Erlanger, through promotion and advertisi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Praetor
Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge various duties. The functions of the magistracy, the ''praetura'' (praetorship), are described by the adjective: the ''praetoria potestas'' (praetorian power), the ''praetorium imperium'' (praetorian authority), and the ''praetorium ius'' (praetorian law), the legal precedents established by the ''praetores'' (praetors). ''Praetorium'', as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his '' castra'', the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. History of the title The status of the ''praetor'' in the early republic is unclear. The traditional account from Livy claims that the praetorship was created by the Sextian-Licinian Rogatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
