Begrippen IBL Flashcards
(25 cards)
What is The Postal Rule regarding posting as communication:
If the post is an accepted method of communication, acceptance is effective once the letter is
posted, even if it gets delayed or lost (as established in Adams v Lindsell).
What is the caparo test
Was the damage reasonably foreseeable?
Was there a relationship of proximity between the claimant and defendant?
Is it fair, just, and reasonable to impose a duty of care?
Standard of care meaning
is measured against a normal human being or a competent
professional. inexperienced driver was sanctioned the same as an experienced
driver
what is the but-for test?
but not for the negligence would the claimant still suffer damages
case → Barnett v Kensinton Hospital → was gonna die anyways not the hospitals fault
the eggshell skull principle:
‘One must take his victim as one finds it’ smith v leech brain
explain chain of causation
Where an intervening act interrupts the chain of causation, the defendant is liable for damage
caused to the claimant prior to the intervening act.
Mckew v Holland
What is product liability in negligence?
Product liability in negligence allows anyone harmed by a dangerous defect to sue any party in the supply chain by proving the four elements of negligence: duty of care, breach, causation, and damage.
What is product liability in contract?
Product liability in contract allows a buyer (or sometimes a third party) to claim for defects if there’s a breach of contract, without needing to prove fault.
What does copyright protect?
Copyright protects original creative works that are fixed in a tangible form, giving the creator (or employer) exclusive rights for up to 70 years after death.
What is a patent?
A patent grants an inventor exclusive rights to exploit a new, non-obvious, and industrially applicable invention for 20 years, subject to national registration.
What does a trademark protect?
A trademark protects distinctive signs, words, or symbols that identify goods or services, lasting 10 years and renewable indefinitely if it remains in use.
What is passing off in tort law?
Prevents businesses from misrepresenting their goods as those of another, protecting goodwill. It requiries proof of reputational damage.
What does Market Access (Art. II & XI GATT) entail?
WTO rules allow only tariff barriers (not quotas), encouraging members to reduce tariffs while ensuring transparency through bound and applied tariff rates.
What is the Most Favoured Nation principle (Art. I GATT)?
Any trade advantage given to one WTO member must be extended equally to all, ensuring non-discrimination between countries.
What does National Treatment (Art. III GATT) require?
Once a product has entered a country, it must be treated no less favourably than domestic products in terms of taxes and regulations.
What are the Exceptions outlined regarding barriers in Art. XX, XXI, XXIV GATT?
public health, security, or regional integration, as long as they’re not unfairly
Formation – Article 54(1) TFEU - company law
Allows companies to establish in the EU if they are legally formed and have their main operations in a Member State.
What is Harmonisation in EU Company Law?
Harmonisation ensures companies can operate smoothly across the EU by aligning local laws, protecting shareholders and creditors equally, and EU law
What does Non-Discrimination in EU law entail regarding company law?
Member States must not restrict cross-border mergers or treat foreign companies differently than domestic ones under Article 49 TFEU, ensuring equal treatment and freedom of establishment.
Art. 101 TFEU – Anti-Competitive Agreements - competition
Prohibits agreements (cartels) unless they meet strict criteria:
improving efficiency, benefiting consumers, being indispensable, and not eliminating competition.
Art. 102 TFEU – Abuse of Dominance - What does it ban?
Bans companies from abusing a dominant position in the market, including practices like unfair pricing, production limits, discrimination, or excluding competitors.
What is Primary EU Law and what does it include?
Primary EU law consists of the foundational treaties of the EU, such as the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). They form the highest source of EU law.
What is Secondary EU Law and what are its main forms?
Regulations: Directly applicable in all Member States without the need for national implementation.
Directives: Binding as to the result, but Member States choose the form and method of implementation.
Decisions: Binding on those to whom they are addressed (e.g., a Member State or company).
Recommendations and Opinions: Non-binding.
A provision within the WTO that grants special and differential treatment to developing countries
Generalized System of Preferences
