tort law writing competition article

The design right protection in the sculptures had ended so Mr Ainsworth was free to continue making and selling them. Article 101 of the Treaty on the Functioning of the European Union (TFEU) prohibits any agreements or cartels between Member States that could disrupt free competition within the internal market. Read the judgment of Beazley P. Answer the following questions in relation to the common law defence of self-defence and the common law defence of necessity. 3175 words (13 pages) International Convention, 18th Jun 2019 On our website, you can order various assignments. Share this: 2020. In Lucasfilm v Ainsworth the man who designed the Stormtrooper helmets for Lucasfilm to be used in the Star Wars films had begun to reproduce and sell them worldwide without their permission. Do we think they deserve to be protected from copying without permission or a licence for over 70 years, the same as a painting? The names OXFORD ROYALE and ROYALE INTERNATIONAL EDUCATION are Free competition is a vital part of the functioning of the internal market which is why it is imperative that provisions are in place to prohibit any restrictions that are placed on trade. The big case which expanded this area of the law is also a strange one. You’ve found the right paper writing company! The case protects the freedom of religion of the victim here. The House of Lords agreed and sentencing guidelines have now been issued on the matter. It also means you can decide whether to destroy it, but until 1961 suicide was a crime. European Union Law (Oxford University Press, 2014) 533, [26] Pablo Ibanez Colomo. Samantha Love read Law at Merton College, Oxford, and is currently following the BCL course. Had Mr Ainsworth lost his case, Lucasfilm were making a claim for around £20million, but the legislation says very little about what makes ‘a sculpture’ so the judges have to develop their own tests for what one is. Do you have a 2:1 degree or higher? It appears that Article 102 has placed the onus on courts and authorities to strike a balance between ‘competition on the merits and unlawful conduct’[26] yet whether this is an accepted approach is arguable. This American Supreme Court Case on discrimination has had an influence worldwide and really makes you think about how a requirement, even if not outwardly discriminatory, may have that effect. The name comes from the fact that tort is French for ‘wrong’ – this is the law of wrongs. Hence, it was held by the court that ‘an undertaking which has a dominant position in the market in raw materials refuses to supply a customer, and therefore eliminates all competition on the part of this customer is abusing its dominant position.’[25]. Free competition is a vital part of the functioning of the internal market which is why it is imperative that provisions are in place to prohibit any restrictions that are placed on trade. Topic- Law of Torts Eligibility Open for All Law Students/Aspirants who have a passion for quizzes. Do not consider other issues in your answers: The post Tort Law appeared first on ACED ESSAYS. [19] This was also identified by the Court of Justice in the case of Konkurrensverket v Telia Sonera Sverige[20] when it was pointed out that the primary function of Article 102 is to ‘prevent competition from being distorted to the detriment of the public interest, individual undertakings and consumers, thereby ensuring the well-being of the European Union.’ Article 102 was, therefore, introduced so that the perceived threat to competition that was posed by those holding a dominant position within the market was capable of being combatted. Instead, she brought a case in negligence, a part of tort law, saying that the bottle manufacturer had a duty to make sure that the ginger beer was made in a clean place where snails could not get into the bottles. This is just a sprinkling of legal cases which should be accessible to anybody, whether you’re thinking about. Yearworth v North Bristol NHS Trust [2009] EWCA Civ 37 She had decided that one day her life will become unbearable and that she will want to go to Switzerland to end it, where this is legal under certain circumstances. You should also... Oxford Royale Academy is a part of Oxford Programs Limited, a here to learn more. We use cookies to ensure that we give you ‘Guidelines on the Application of Article 81 (3)’ EC, para 47, Field Fisher Waterhouse. Tort Trial and Insurance Practice (TIPS) Admiralty and Maritime Law Committee Law Student Writing Competition 2020 Entry Deadline: Mid-March Award: $500; financial assistance to attend the ABA Annual Meeting ($500 maximum). R v Blaue [1975] 1 WLR 1411 The post Tort Law appeared first on ACED ESSAYS. ‘EU Competition Law: Article 101 and 102’ (2010) 5 accessed 11 February 2016, [17] Catherine Bernard and Steve Peers. The big case which expanded this area of the law is also a strange one. Furthermore, any type of price-fixing agreement is caught by the Article. What’s the difference? The aim of Article 102 was to ‘protect competition on the market as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources.’[18] Although the provisions of Article 102 were contained within the original EEC Treaty (Treaty of Rome), these new provisions sought to clarify and modernise the law within this area so that the protection afforded to consumers was being more easily recognised. Find all of the Business Torts & Unfair Competition Committee’s articles in this archive. [14] As this has a detrimental effect upon society as a whole it is integral that prohibitions are placed on such unfair practices. European Union Law (Oxford University Press, 2014) 505, [19] Commission Guidelines on the application of Article 81(3) [now Article 101 (3) of the Treaty (Art 101 (3) Guidelines) (OJ [2004] C101/97, para 13, [20] Case C-52/09, [2011] ECR I-527, para 22, [21] Chris Turner and Tony Storey. the use of their facilities, and also contracts with tutors from those institutions, but does ‘Scene at the Signing of the Constitution of the United States’ by Howard Chandler Christy. A victim’s choice to refuse medical care is insufficient to exonerate her killer. This is known as indirect discrimination – a company may not outwardly refuse to employ members of a particular minority group, for instance, or try to impact them more with a policy, but their policies or job requirements may have that effect. If Article 102 was not in place, competition would be capable of being distorted as firms would be free to collude or merge with their competitors and place unnecessary restrictions on the market. The Foundations of European Union Competition Law: The Objective and Principles of Article 102 (OUP Oxford, 2011) 131, [23] Catherine Bernard and Steve Peers. Even this learner driver has a duty to be careful and competent. However, this rule has been tested by changes in medicine which now mean that we may want to be able to say that (former) parts of our body are our ‘property’. The Old Bailey There are few pieces of English legislation which show the way in which our legal system can cope with an out-of-date framework better than the Offences Against the Person Act 1861. Should the defendant take the victim ‘as he finds her’ in this case? [22] It has been said that since Article 102 was implemented, the Commission and Court of Justice have been ‘more willing to presume anti-competitive effects when a competitor is excluded from the market.’[23] This was also indicated in Commercial Solvents v Commission[24] when Commercial Solvents was found to have abused its position in the market when it ceased to supply one of its drugs to Zoja. As put by Frenz; there needs to remain an ‘open, free and distortion free system of competition within the European Union.’ This is the primary objective of Article 101 since there exists no other rights or obligations that are placed on states and private actors and so Article 101 ‘represents the sole basis for specific substantive and legal consequences in competition law.’[6]. This was great news for Mr Ainsworth. Mrs Donoghue was in a café with her friend, who bought her a ginger beer. (4 marks), Which intentional torts were involved in this case? Competition Law (Oxford University Press, 2015), TP Kennedy, Dermot Cahill, Vincent Power and Niamh Connery. R v Blaue is interesting because the ‘act’ of the victim was to refuse the blood transfusion she would normally have received for stab wounds, because her religion forbade it. These summaries are brief and only intended to introduce you to concepts, not to be a definitive account of cases for revision or application purposes. The name comes from the fact that tort is French for ‘wrong’ – this is the law of wrongs. ‘Making Sense of a Perpetual Controversy’ (2014) LSE Law, Society and economy Working Papers, 4 accessed 12 February 2016, Renato Nazzini. The claimants could therefore claim for the psychiatric damage which resulted from the negligent damage of their property. Lots of things are relevant to breach but it is overall about how reasonable the action (or decision not to act) was. ‘Guidelines on the Application of Article 81 (3)’ EC, para 47, [4] TP Kennedy, Dermot Cahill, Vincent Power and Niamh Connery. Donoghue v Stevenson [1932] AC 562 [21] Whilst the existence of a dominant position is not prohibited, the abuse of such a position is which seeks to ensure that healthy competition can be preserved. About the Author Samantha Love read Law at Merton College, Oxford, and is currently following the BCL course. This competition will provide a platform to all professors, research scholars professionals and students to increase their knowledge and publish their article in the book released by Birla School of Law. Assaulting a police officer is treated more harshly than common assault, even if the defendant is unaware the person being assaulted is a police officer. It might seem logical that we should own our own bodies, but in fact that’s not what the law says. We write your essay from scratch, according to the exact specifications of your assignment. You’ve found the right paper writing company! What were the issues raised on appeal in this case? chosen case :NSW v McMaster Competition Law (Oxford University Press, 2015)558, [11] Slaughter and May. Obviously this was more important for prosecuting those planning or encouraging suicide, which is still illegal, or attempted suicide, than for trying to prosecute people who had succeeded in killing themselves! Copyright grants a monopoly over the reproduction of (mostly artistic) works for up to 70 years after the death of an author. Simply post your question and get it answered by professional tutors. It concluded that this was not the case here and the requirements had to be removed. There are few areas in which it is as obvious that the law can shape a whole area of economic activity as in technological innovation. Your email will not be shared and you can unsubscribe whenever you want with a simple click. European Union Law (Oxford University Press, 2014), Chris Turner and Tony Storey. Have troubles with paper writing? This means that the protection of something against copying without the right-owner’s permission can vary a lot depending on whether it is a functional item covered by design rights, or an artistic one protected by copyright. The expressions contained within Article 101 (agreement and concerted practice) were also given a broad meaning so that agreements outside of the internal market could also fall within the scope of the Article if there was a possibility that the internal market could be affected by the agreement or concerted practice. Mrs Purdy lives in England and has multiple sclerosis, a degenerative disease which affects your muscle movement, vision and balance. This case is also important for understanding how important it is that legislation is clear on what it intends to achieve, and that judges interpret it clearly. European Law (OUP Oxford) 168, [6] Walter Frenz. The judge said that those “who use violence on others must take their victims as they find them”, meaning the defendant could not complain that an important part of the victim’s identity (her religion) meant that the injury affected her more than it would other people because she would not be treated. This was stressed by Slaughter and May when it was stated that ‘secret price-fixing or market sharing cartels are viewed as hard-core infringements which will almost always be condemned.’[11] Article 101 does, however, provide exemptions under subsection 3 if it can be shown that the agreement is beneficial to the internal market, and thus ‘improves production or distribution, promotes technical or economic progress or allows consumers a fair share of the benefit.’[12]. Family Law. The defendant was found not guilty of unlawful act manslaughter because of the victim’s free and informed decision to take the heroin. [5] Therefore, if there is a possibility of trade moving across borders then this will be sufficient enough to fall within the ambit of Article 101. Disclaimer: This work has been submitted by a law student. Prizes Winner will be awarded Cash Prize of ₹1500/- + Certificate of Excellence + Internship Opportunity with Law Tales along with a fixed stipend of Rs. A learner driver injured her instructor when they were involved in a car accident. *You can also browse our support articles here >. Oxford and Cambridge are well known for requiring a perpetual balancing act between spending time in the library and dressing up for dinners and balls. Our work is 100% original. European Law (OUP Oxford), Walter Frenz. The Supreme Court applied Title VII of the Civil Rights Act, which said that if such a test has a ‘disparate impact’ on a particular minority group the employer had to prove that it was related to the job and ‘consistent with business necessity’. What beliefs do we consider important enough in this area? And in any case, if the claimant understood there was a risk of injury the defence of consent (volenti) may be available, so this isn’t as harsh a decision as it first sounds. He was convicted of assaulting a constable in execution of his duties, but complained that the two necessary elements of the offence – the act (actus reus) and mental state (mens rea, or guilty mind) – had not happened at the same time. @*/false; if (!IE) { return; } if (document.compatMode && document.compatMode == 'BackCompat') { if (document.getElementById("af-form-876625274")) { document.getElementById("af-form-876625274").className = 'af-form af-quirksMode'; } if (document.getElementById("af-body-876625274")) { document.getElementById("af-body-876625274").className = "af-body inline af-quirksMode"; } if (document.getElementById("af-header-876625274")) { document.getElementById("af-header-876625274").className = "af-header af-quirksMode"; } if (document.getElementById("af-footer-876625274")) { document.getElementById("af-footer-876625274").className = "af-footer af-quirksMode"; } } })(); --> The main legal change that was made by Article 101 was the prohibition that was placed on anti-competitive agreements, including price fixing. Lucasfilm v Ainsworth [2011] UKSC 39 Mr Fagan, the defendant, was asked to move his car by a police officer. In criminal law, the illegal act of the defendant must have caused the victim’s injury or death without anything ‘breaking the chain of causation’. Price fixing under Article 101 also extends to services, as exemplified in Dresdner Bank v Commission[9], and market sharing in any context, as identified in E.ON Ruhrgas v Commission. The problem was that because the semen was no longer part of their body they could not bring a claim for personal injury, but the law would not have called bodily fluids personal property for the reasons set out above. This seeks to ensure the effective regulation of fair trade and prevent unfair practices being adopted. Do we think a Stormtrooper helmet is ‘artistic’ enough to be a sculpture? The main legal changes that was made by Article 102 was the application to private undertakings only and whilst the text of Article 102 largely resembles the text contained in the Treaty of Rome 1957 the language used is much more simplistic. However, the court did decide that the semen samples were personal property because of the control the men had over it – they were the ones who could decide what to do with it, despite some limitations set by the Human Fertilisation and Embryo Act 1990, and so the relationship had most of the hallmarks of ownership. We write your essay from scratch, according to the … The ‘neighbour principle’ means you shouldn’t be finding one of these in your drink. There’s one common theme throughout them, though, which is a common theme throughout legal study – what makes us treat very similar circumstances differently, and how do we know where to draw the line between them? When he drove onto the officer’s foot he did not intend to harm him, and at the point where he did intend to continue doing him harm he only omitted (failed) to move his car off the officer’s foot. Free resources to assist you with your legal studies! Indirect discrimination is subject to a defence in the UK so there is always the possibility of justifying a practice that affects one minority group more than another, but it is a very useful tool for going beyond the obvious discriminatory statements which have almost completely disappeared nowadays. There’s something really important to be noticed about this – human rights claims can be as much about procedure as about the actual law. (Martinus Niijoff Publishers, 2012) 496, [2] European Commission. One element is quite interesting though, especially for those of you who are about to start learning to drive…. There is also what is known as a ‘design right’ in the designs of functional products (like kettles or toasters) which is limited to 10 or 15 years after creation. This is imperative in ensuring that free competition is not stifled, yet it must also be ensured that unnecessary restrictions are not being placed on traders. If you can own your body you can sell it, including selling organs, prostitution or selling yourself into slavery. This is where Lord Atkin set out the famous ‘neighbour principle’: I have a duty towards “persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question”. About the Author Samantha Love read Law at Merton College, Oxford, and is currently following the BCL course. However, she had not bought the bottle so she could not sue for breach of contract — she had no contract with the shop owner or the bottle manufacturer. In criminal law the two elements have to happen at the same time, so he argued that he should not be convicted. Normally an omission is not an actus reus, apart from in certain circumstances such as gross negligence manslaughter, so it is interesting how the court managed to decide this was one long act rather than an act followed by an omission to correct the situation. That’s why the cheap editions of books only ever cover old works; once the copyright runs out then anybody can make copies, and because you don’t need to pay the author the costs of production are lower so the price goes down. If the victim’s decision had been found to be a novus actus interveniens then the law would in a way would be blaming the victim’s moral beliefs and decisions, by saying they caused her death. To export a reference to this article please select a referencing stye below: If you are the original writer of this international convention and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! Or was petrified of hospitals? Tort law covers areas where somebody’s ‘wrong’ causes loss to another person, without the two parties having to be in a contractual relationship. This was a significant change as competing undertakings are being made to determine their conduct and pricing independently. Is your kidney your property if you’re donating it to a friend, and the doctors damage it and you suffer mental distress because your friend can’t have a transplant? We guarantee it will pass any plagiarism check, Get Your Papers Completed by Expert Writers, Order essays, term papers, research papers, reaction paper, research proposal, capstone project, discussion, projects, case study, speech/presentation, article, article critique, coursework, book report/review, movie review, annotated bibliography, or another assignment without having to worry about its originality – we offer 100% original content written completely from scratch. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawTeacher.net. The Foundations of European Union Competition Law: The Objective and Principles of Article 102 (OUP Oxford, 2011), Richard Whish and David Bailey. registered trade marks of Oxford Programs Limited (Oxford Royale) in multiple countries. And how should the courts decide where to draw the line? This is because the courts are left with the challenging task of interpreting Article 102 in each individual case and making a decision based on the particular facts. However, is it fair to say that something created for the purpose of being in a film is never a sculpture or work of art in its own right? If she did this relatively soon then she would be able to end her own life, but if she were to wait longer then her husband would have to help her and she was concerned that he would be prosecuted for assisted suicide when he returned to the UK. Adhered, free Competition within the internal market are being effectively regulated of legal cases which should be to! A sprinkling of legal cases which should be accessible to anybody, you... Of Oxford Programs Limited ( Oxford University Press, 2015 ) 558, [ ]! 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