By Brenda Mothersole, Ann Ridley (auth.)
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Extra info for A-Level Law in Action
What you must not do is give the same or similar answers to more than one question. A sure indication of the expected length of each answer is the number of marks awarded for each question; for example, if the number of marks is (2) then two points of information are required; if (10) then much more content in your answer is expected. The authors wish you every success with your study of law. Further reading and reference Students are advised to read the latest edition of the recommended text. Williams, G, Learning the Law (Sweet and Maxwell) Kenny, P, Studying Law (Butterworths) Lee and Fox, Learning Legal Skills (Blackstone Press) SECTION I PART ONE LAW IN SOCIETY CHAPTER 1 THE NATURE OF LAW IN SOCIETY Introduction Much of this book is concerned with legal rules and principles, but these rules do not exist in a vacuum.
Eventually, Horne did leave and set up a similar business which was registered as a company and from which he sent circulars to customers of Gilford Motors inviting them to transfer their custom to his company. When Gilford Motors tried to get an injunction to enforce their restraint of trade clause, Horne argued that it was his company, not he himself who was sending out the circulars, and that a contract between his previous employers and himself could not bind his company. The court would not accept this argument and granted the injunction on the policy ground that the corporate structure should not be used to evade legal responsibilities or to engage in 'sharp practice'.
Trade unions are also unincorporated associations, but have power under s 10 of the Trade Union and Labour Relations (Consolidation) Act 1992 to make contracts in the name of the union. Although not recognised as a body corporate, a union can sue and be sued in its own name. We have seen that in the case of corporations, the corporation can hold property in its own name - this is much more difficult in the case of unincorporated associations which are simply a group of individuals. In a partnership property is usually conveyed to some or all of the partners who hold it in trust for the others; in the case of clubs and societies property is owned by all the members of the club for the mutual benefit of the association, although members have no separate rights in the assets; in the case of a trade union property is held by trustees.
A-Level Law in Action by Brenda Mothersole, Ann Ridley (auth.)