The term “Intellectual Property Rights” refers to the legal rights granted with the aim to protect the creations of the intellect. Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the… Read More
INTELLECTUAL PROPERTY RIGHTS,
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
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
What is a ‘defective product’?
A ‘product’ can include goods, electricity and the component parts of any product. Where a component of or raw material incorporated into a finished product is defective both the manufacturer of the component and the manufacturer of the finished product… 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
PRIVITY CONTRACTS
Privity of contract is the relationship that exists between the parties to an agreement. This relationship is necessary in contracts. If you want to file a lawsuit involving a contract, you therefore need to show that you and the other… Read More
BAILMENT
Transfer of personal property by one party (the bailor) in the possession, but not ownership, of another party (the bailee) for a particular purpose. Such transfer is made under an express or implied contract (called bailment contract or contract of… Read More