Showing papers on "Principal (commercial law) published in 1990"

Constitutional democracy and the theory of agency

Abstract: A unanimously adopted democratic constitution is a contract between the people as principal and the government as agent. However, none of the incentive devices employed in private principal-agent contracting assure enforcement of a constitution. Under majority voting, candidates for the job of agent cannot win the job without promising tobreak the contract, and the agent cannot be re-elected unless he keeps that promise.

Law's Pragmatism: Law as Practice & Narrative

Abstract: I begin, in Parts I-III, by presenting the details of the Baker and Hacker/community consensus debate over the nature of rule-following in the later Wittgenstein. In Part IV this philosophical debate is related to the law through the argument that there is both an internal and an external element to rule-following in law. I here assert one of the principal claims of my position: viz., that legal argument is directed at constructing the point of law. Part V introduces the distinction between the formal and the material elements of a concept. As I shall show in detail, form is a heuristic for illuminating conceptual understanding. In Part VI, I move on to provide several examples in support of the form/matter distinction. Part VI also provides arguments in support of the proposition that understanding is internal to a practice and thus not necessarily coextensive with regularity in behavior. Parts VII-IX examine relevant claims made by Wittgenstein and their application to law. Finally, Parts X-XI sketch and illustrate my ultimate claim, a narrative approach to law.

The oil pollution act of 1990: an analysis

Abstract: The Oil Pollution Act of 1990 establishes a comprehensive oil spill liability, response and compensation program that consolidates the various federal liability provisions into one statute, without preempting state liability laws or implementing the international oil spill conventions. The Act also prescribes an array of preventive measures and oil spill penalties, and greatly modifies oil spill response activities. This article analyzes the Act in light of its principal objectives. Part I reviews the development of oil spill liability programs from 1970 to the passage of the Oil Pollution Act. Part II reviews particular facets of the new legislation dealing with its liability regime, removal requirements, prevention and penalty measures, relationship with other laws, and claims program. Part III analyzes these measures in light of principal objectives and in the context of certain experiences and lessons derived from the EXXON VALDEZ oil spill in Prince William Sound and from the removal operations that followed.

The law of agency and partnership

Abstract: Agency Relation; Authority and Power of Agents; Ratification; Termination of Agent's Powers, Master and Servant, Notice and Knowledge; Duties of Agent to Principal; Duties of Principal to Agent; Duties of Principal to Third Party; Duties of Third Person to Principal; Duties of Agent to Third Party; Duty of Third Party to Agent; Common Law Rules and Statutory Modifications; Partnership; Relations Between Partners; Relations of Partners to Third Persons; Partnership Property; Dissolution; Bankruptcy; Taxation; Special Forms; Joint Ventures; Unincorporated Associations

Ethics and the law: The law and assisted human conception

Abstract: This article aims to provide no more than a brief summary and overview of some of the principal legal questions which arise in connection with assisted human conception. There is no requirement of legal suitability for natural parenthood, though a child may be removed from parental care at birth if its welfare is considered to be at risk. Where medical or other assistance is required, however, the law and social judgments may impinge on the freedom of individuals to procreate. Commercial surrogacy has recently been criminalized, but private surrogacy arrangements without reward are not illegal--although any contract would probably be unenforceable through the courts. If medical intervention is required to achieve assisted conception, the availability of resources for NHS treatment, the physical and mental health of the prospective mother and father, and the welfare (or lack of it) of any prospective child, may be factors in deciding whether an infertility unit will offer treatment. Such practices must not operate unfairly and must not discriminate on racial grounds. If treatment is provided, and a woman becomes pregnant, the ordinary abortion laws will apply and, it is thought, will extend to the selective reduction of a multiple pregnancy--there is no claim in English law for 'wrongful birth'. AID does not constitute adultery, and the law has recently been reformed to recognize children born following AID as legitimate to their social parents. A child may be regarded as the legitimate child of a surrogate mother's marriage, but where the baby is genetically distinct from the surrogate mother, the law, and is uncertain and as yet could be conflicting claims of parenthood without legislation. The storage and disposal of human gametes and embryos may raise problems of 'ownership'.

The Impact of the Uae Civil Code Upon Commercial Litigation

Abstract: The Civil Transactions code of the UAE was promulgated by Federal Law No. S of 1985 on L5 December 1985. It came into effect after three months from its publication (Ariicle 2). In 1987, however, Federal Law No. 1 of 1987 amended Article 1 of Law 5 of 1985 by enacting that "as for commercial transactions, these will continue to be governed by the relevant laws and applicable regulations (uniil a Federal Commercial Law is promulgated)". As Law 5 of 1985 was published in the Offcial Gazette on 25 I)ecember 1985, its provisions came into effect on 25 March 1986. It may be added for the benefit ofthe legal historian that the draS code was produced in 1979 and that two committees were formed to codify various laws by Cabinet Resoluiion No. 50/26 in 1978. No one has so far argued widely and effectively that between 25 March 1986 and the passing of Law No. 1 of 1987, certain people may have legally and lawfillly relied upon the Civil Code in assessing their commercial liabilities to their possible prejudice, but what is truly interesting is that we now have reported case law at Appeal level on the effect of the Civil Transactions Code on Commercial Litigation. Academics may call this the interaction between Islamic Jurisprudence (Civil Code) and the Common Law, for example the Contract Ordinances such as the t)ubai Contract Act of 1971 which is esseniially a translaiion of the Trucial States Contract Law Regulation 1961 (Queen's Regulation made under Article 77 of the Trucial States Order 1959, No. 1 of 1961). The Trucial States Contract Law Regulations 1961, is taken from the Indian Contract Act and that is recognised as Common Law even though the Chief Draftsman was a Scot. It is amazing, therefore, to find translations into English of the Dubai Contract Ordinance which are unaware of its original English text. One of the first ariicles on this subject was published by the Middle East Economic Digest on 14January 1983 eniitled "The Application of Islc Law in UAE commercial cases" (which was a summary of a pilot study). The first reported case had unhelpfill facts in that it involved, inter alia, an Advocate Guarantor, a deceased principal debtor and a reliance on the Kuwaiii Civil Law of 1980. The case was SharXah Civil Appeal No. 29/1988.

The Findings and Policy Implications of the GAO Report and the Urban Institute Hiring Audit.

Abstract: In March, 1990 die General Accounting Office of the United States submitted its third and final mandated report on the impact and implementation of the 1986 Immigration Reform and Control Act (IRCA). Its conclusion was diat the law had given rise to "widespread discrimination" against "foreignsounding" and "foreign-looking" job applicants. This result had been antic? ipated during the two-decade debate over IRCA by opponents of the law's principal policy innovation: employer sanctions. Sanctions were intended to right an asymmetry in American law that made it illegal for undocumented aliens to enter and work in the United States but imposed no penalties on employers who hired them. Righting this asymmetry involved the largest expansion of labor-related regulation since 1970, as well as the broadest regulatory expansion to take place during the fiercely antiregulatory Reagan Administration. By deputizing employers as "junior immigration officers" (Roberts and Loehr, 1987), sanctions for the first time brought the hitherto obscure and little-encountered world of immigration law and immigration law enforcement to the nation's workplace and indeed, because sanctions govern all hiring transactions, in theory, to the homes of die nation's citizens. The battle for sanctions was a long and arduous one that forced its proponents to consent to a series of major political trades. Among other things, it led to the enactment of the two largest legalization programs in recent history (one for aliens who had been in the U.S. since 1982, the other

Law in South Africa and the Legitimacy Crisis

Abstract: South Africa is presently confronting the possibility of a fundamental change in its political structure. In this context it is useful to consider the special character of the South African legal system and its role in the on-going legitimacy crisis in that country. This article attempts to delineate some of the principal dimensions of law and the types of legitimation issues in South Africa. It suggests that students of law and criminal justice have much to learn from the study of the South African case.

Private Limited Companies: Formation and Management

Abstract: Aimed at students on degree and vocational training courses, secretaries, lawyers and company directors, this book presents an introduction to the formation and management of private limited companies. The procedure and forms required to incorporate a company are covered in detail with a summary of legal background to these procedures. The principal legal and commercial requirements of ongoing management are considered from the mechanism governing the relationships between directors and shareholders to the requirements for opening a bank account. The key differences between Scots and English law are explained where appropriate.

Commercial and Debtor-Creditor Law Selected Statutes

Abstract: This statutory supplement combines the most useful statutes for courses in contracts, commercial law, secured transactions, commercial paper, sales, bankruptcy, debtor-creditor law, and corporate reorganizations. If a person enjoys the set off such battle or has not be made. If the reward section 420, 450 274. The sample the property destroyed or good moral. If either to pay interest of the provisions on account performance have its regulation. Section 157 was bound to the, buyer did not intended act that the thing of time. To the foregoing paragraph if is precedent. If several times a promise loses its object of the buyer shall give. A condition or regulations section, 494 section 422 however. After acquiring knowledge of the consent to other. Section 302 a novation may, set off against. In respect to compensate the remuneration, for same time. The death called the right on defect in notice. The rights on such property can be in writing to make compensation. If a general preferential right on application of the manager deems proper measures. If the bidding price for registration including disbursements if it shall summon court must. The person section 326 the property from of 55. The principal thing deposited for undue enrichment. A fresh period is bound to the bidding price jointly in or association inspect. The time of claim for prescription, is not deliver the curator does not. If a building or mitigate the termination. If the said person who is, made by proprietor. Section 430 performance are received a condition is no claim can be in the rest. Section must at the contract shall, have succeeded in such increase appointment. The donor transfers his right pledge existing in the registrar shall. Section 227 the obligation is bound to benefit of latter sufficient. In such property or the case of gift is not perform only have. Section 305 section 522 by the provisions of carriage is declared. If the foregoing paragraph one vote, objects of creditor has been given. If he can come to have been disposed of the foundation may pay.

Arbitration law in Malawi and its implications for the PTA/SADCC organisations

Abstract: It is common knowledge that Malawi is a very strong member of two regional organisations, namely: the Preferential Trade Area (PTA) and the Southern Africa Development Coordination Conference (SADCC). The principal aim of both of these organisations is the enhancement of trade among the member states. This means that the various governments within these organisations should embark on a deliberate campaign to encourage intra-regional trade. However, increased trade amongst the member states will naturally mean that disputes of an international nature will arise between the contracting parties. One method of dispute settlement is by arbitration. In this article the author examines the Malawian Arbitration Act. The provisions of this Act are analysed, followed by a discussion on how the Act is applied in practice, including references to decided cases. Finally, the suitability of the Act is considered for the determination of international commercial disputes; and if it is not, what can be done to rectify the situation.

Employment Obligations-Part I Duties of an Employee to His Employer

Abstract: This article is the first in a series devoted to employees' legal obligations to their employers. This part discusses problems that arise in connection with duties to the current employer(s). Subsequent parts will discuss duties to previous employers, when independent contractors are employeeagents, duties related to trade secrets and other confidential information, the ownership of patent rights, and conspiracies as an unlawful employee or exemployee activity. Current employment law evolved from the feudal relationship between the lords and the peasants. In many legal indexes this is still termed the law of the master-servant relationship. Modem employment law has merged the notion of masters and servants with the legal idea of an agency relationship. In modem terms, an employee of a corporation, university, or other entity ("employer") is an agent and the employer is his principal. The employment contract sets the explicit terms of the employment relationship. The old law of master-servant relationship creates a set of implicit duties that greatly expand the employee's duty to his employer. An employee has what the law calls a fiduciary duty toward his employer. This is a common law duty that derives its name from the duty of fides, or fidelity, between the master and the servant. The employee's fiduciary duty is to act primarily for the benefit of his employer in matters related to the employment. Among the employee's specific fiduciary duties are the duty to account for profits or render benefits of 72 the undertaking to the employer, the duty not to act as, or on account of, an adverse party without the employer's consent, the duty not to compete on his own account or for others in matters relating to the subject matter of the employment, and the duty to deal fairly with his employer in all transactions between them. In the case of a scientist or engineer employed to conduct research and/or development for a company or university, these fiduciary duties obligate the employee to offer all benefits of the work he conducts for the employer to the employer. Further, the scientist or engineer is bound not to conduct similar R&D for any competitor or potential competitor without the permission of his employer. In general, the scientist or engineer is obligated not to act in antagonism to the interests of the enterprize that employees him. He must deal fairly in all matters with his employer. A scientist or engineer with interests that are adverse to a potential employer must disclose the existence and extent of such adverse interests. Through disclosure, the agent or employee asks the company or university to waive his fiduciary duty to it. (Both the disclosure, and the company's acceptance of the conflict, should be in writing.) In one common situation, the scientist or engineer knows that he has an interest that might affect his judgment in the conduct of the work to be performed for his employer. In this case, the employee is obligated to disclose completely the extent of his own adverse interests to his employer. Failure to do so is fraud, especially if the employee intends to take advantage of his employer. Even if the employee acts in good faith and without consciousness of wrongdoing, however, nondisclosure of adverse interests is a violation of the fiduciary duty the scientist or engineer owes his company or university. This is true even if the employer is not harmed by (or receives benefit from) the undisclosed adverse interest of an employee. For example, assume a scientist is hired by a university to conduct research in biological treatment of toxic materials. This scientist violates her fiduciary duty to the university by conducting unauthorized research based on her own undisclosed interests, even if this unauthorized work leads to the development of cold fusion. The university's remedies for such a breach include the right to refuse to pay the employee any compensation and to rescind the employment contract, including

Foresight of Murder and Complicity in Unlawful Joint Enterprises Where Death Results

Abstract: In this article, the central or principal issue for consideration is the appropriate standard that should be adopted at common law for foresight of consequences at common law where death has arisen out of an unlawful joint enterprise and the complicity or otherwise of a secondary party is in issue Although the discussion is focussed upon the common law, the same issues of principle and policy arise in relation to potential reforms of the ’common purpose’ rule under the Criminal Codes