Custom Essays and Free Coursework

The two cases provided are both concerned with the incidence of express private trusts. It is essential to consider the background law and some of the cases decided prior before considering in detail what these cases demonstrate in relation to express private trusts. (more…)

Unless an infringement occurs under the limited circumstances of s.10 (1) then s.10 (2) is the next option and is formulated so that where the use of a mark ‘in the course of trade’ is likely to cause confusion given its similarity or identity with a particular trademark and a particular product. (more…)

Phillips considers the enforcement mechanisms in the TMA 1994 to be the raison d’etre of trade mark registration i.e. the ability to protect your product from third parties is the only incentive for traders to participate in the trade mark system. (more…)

The understanding of the concept of confusion is so central to the subject of trade mark law because it is concerned with the infringement actions that a Trade Mark owner can take to enforce his right in rem against other competitors. This has been described as the raison d’etre of trade mark law: (more…)

In this work we aim to assess the concept of likelihood of confusion as a major tool of the trade mark system. We start by introducing the subject matter of trade mark law and the jurisprudential justifications for its subject and identify the four major interests that the law aims to protect which are those of the consumer, producer, competitors and society generally. (more…)

The two main aspects that EU law deals with are; the possibility that the member state is contravening the regulations that regulate interactions with other member states, such as tariffs; and whether a member state is contravening the laws in relation to individuals such as free movement of persons and deportation. (more…)

The term ‘refugee’ has a long history of usage to describe certain groups of people in broad and non-specific terms. However, there is a legal definition of a refugee, which is enshrined in the 1951 United Nations Convention Relating to the Status of Refugees. (more…)

In the tort of negligence, professional persons are not judged according to the proverbial standard expected by “the man on the Clapham omnibus”. Instead the Bolam test is applied. In that case the claimant suffered a fractured pelvis while undergoing electro-convulsive therapy. It was alleged that the doctor had departed from the practice of some fellow professionals at the time by failing to administer a relaxant drug and failing to provide an effective means of restraint. (more…)

In order for a claim in negligence to succeed, four elements have to be satisfied:

Duty - does the law recognise that a duty of care is owed?
Breach - has the defendant failed to live up to the standard of care required?
Damage - has the claimant suffered injury or loss?
Causation - is the defendant wholly or partly responsible for bringing about such loss or injury? (more…)

Studies have shown the importance of cultural factors in the differing presentations of whiplash, contrasting outcomes after accidents in different countries. Thus, far better recovery from equivalent accidents when whiplash is involved, have been reported in Lithuania than in Canada or North America. (more…)