15th September 2008
Introduction
Most contractual disputes involve questions relating to the scope of each party’s obligations under a contract. When a contract is formed, usually the parties do not take the time and effort to express all of the obligations to be perfor...
16th July 2008
Introduction
The doctrine of privity of contract is the relationship that exists between parties to a contract. Only those parties to the contract are bound by it and are able to enforce the contractual obligations under the contract. The concepts of n...
16th July 2008
Introduction
There are various remedies available to an innocent party where there has been a breach of contract. The main remedy (and the most well known) is damages. However there are suite of remedies available at law that are available in certain...
16th July 2008
Introduction
An action for passing off is made out when a person makes a misrepresentation which is calculated to deceive and cause damage to the business or goodwill of the other person, and that other person has accumulated goodwill in respect to the...
11th February 2008
A fundamental question that arises in many disputes is the most obvious - who owns the copyright in the software? Legal ownership and legal advice in most cases may be determined by reference to fundamental copyright principles. Determining the first owne...
11th February 2008
IPR – Briefing Note
Intellectual property rights (“IPRs”) are intangible rights granted by statute and serve a dual purpose. Firstly they reward investment of risk capital utilised for creating new materials that fall under their ambit. Secondl...
21st November 2006
Registration of a company name, domain name or using a name in a business for a period of time does not give rise to a right to use the name in association with a business or a product. Simply because the name does not appear on a Google search also does ...
