Commercial Law Master Case Study Example | Topics and Well Written Essays - 1000 words

Commercial Law Master - Case Study Example For the first dispute of withholding payments due to Gilfil plc, the company can proceed against Tryan in the England & Wales High Court (commercial) without approaching the respective county court since value of claim would exceed 25,000. See relevant case Dalkia Utilities Services Plc v Celtech International Ltd [2006]1 Civil cases at first instance are heard in the County Courts (for minor claims) or the High Court, which is divided into three divisions: Queen's Bench, Family and Chancery. Cases may be appealed to the Court of Appeal (Civil Division). Cases may be appealed from the County Court to the High Court2. For the third issue of Gilfil plc having found their suppliers Eliot Electrical contractors infringing their exclusive and patented design of Phoebus brand. in the name of Pharos, they may file a suit against them in the respective Patent County court. See case 3 Gilfil plc may also implead Barton and Tryan for having sold duplicated version of their Phoebus brand. For the issue of negligent delivery of goods by the carriers, Gilfil plc may file a suit against them in the county court or High court depending up on the value of the claim. In the event of claim exceeding 25000, they can be made a party in the case they are filing against Tryan. Dispute resolutions As for withholding of payment for bills for which goods have been satisfactorily supplied, clause 3(2) of the contract says that order shall be placed on a monthly basis for the entire duration of the contract. The buyer having failed to do so, the seller had every right to repudiate the contract for the reasons of breach. But the seller has not given 30 days notice of its intention to cancel the contract as provided in clause 11 (1) of the contract. It only says 'may" and not "shall" which means notice is not mandatory in the event of a breach. Clause 11(2) will not apply since it is attracted only if there has been no breach in which case notice is construed as mandatory by the words "shall". Clause 5(6) of the contract says that payment shall not prejudice the right of the buyer. In the first place there was a breach on the part of the buyer by failure to place orders because of which the seller later declines to supply for having up other contracts. The breach though may be due t o restructuring, the buyer can not invoke "force majeure" clause nor had they notified the seller about their intention not to place orders temporarily. Where as clause 5(6) payment of any bill does not affect buyer's right under the contract, they have no case to withhold payment of the bills duly supplied. Even if it happens to be the bill goods of which have been damaged in rain, the buyer has no right to do so due to insurance clause. And even otherwise, they failed to receive the goods when it arrived and carriers have done the best possible option available to them, though

Should students use citation Research Paper Example | Topics and Well Written Essays - 1500 words

Should students use citation - Research Paper Example In learning institutions, students should be encouraged to come up with their pieces of work. For the world to progress there is a need for more innovations and creative ideas. Through plagiarism, students will not realize their potential. From my own understanding of plagiarism, I consider it as an offense since a student who is involved in plagiarism does not understand the dangers. Further still, I believe that a student with the act of copying other people’s ideas does not allow the learning process to take place. As such, the transfer of knowledge is limited since whatever they present for assessment is not their work. It thus becomes hard for the examiner to gauge the student’s capability. In view of this, the essay critically discusses the statement â€Å"should students be punished when they plagiarize† through analyzing the opposing and supporting side. With the development of technology, copy and pasting an author’s work has been made easy for students. Some of the students end up copy pasting even an entire work of authorship even without giving credit to the authors. To curb plagiarism, students should be made to understand that, they attend colleges and universities so that they make the world a better place. Coming up with your work as a student, encourages creativity and innovation. Students must identify the gaps that exist in the academic field and come up with ways of filling them. Through plagiarism, a student concludes that they cannot come up with their ideas to increase knowledge in the academic field. In learning institutions, students are expected to give original work to their teachers or lecturers. There is a need for integrity, and most of the learning institutions promote academic honesty (Roig, 2010). Apart from Copy and pasting, there are other forms of plagiarism. There are other forms of plagiarism which most of the times they are overlooked. Submitting an assignment that one has not done is a form of plagiarism. The