Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people Read More …
Month: March 2022
TORT OF NEGLIGENCE AND REMEDIES THEREOF
Is failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from “intentional torts” (assault or trespass, Read More …
Liability under Part I of the CPA
The CPA introduced statutory liability for defective products. Liability under the CPA exists alongside liability in negligence, and in some cases a common law claim may succeed where a claim would not be available under the CPA. The CPA applies Read More …
NEGLIGENCE: PRODUCT LIABILITY AND DEFECTIVE GOODS
Product liability for negligence Product liability is the area of law in which manufacturers, distributors, suppliers and retailers are held responsible for any injuries products cause. Regardless of any contractual limitations of liability if a product or any of its Read More …
NOVATION
Definition This is the substitution of an original party to a contract with a new party, or substitution of an original contract with a new contract. Upon substitution, the obligations of the withdrawing-party are automatically discharged and no express-release is Read More …
THE DOCTRINE OF PRIVITY OF CONTRACTS AND EXCEPTIONS THERE
This doctrine is to the effect that only a person who is party to a contract can sue or be sud on it. It means that only a person who has provided consideration to a promise can sue or be Read More …
