achieved by a different shape; • the essential elements of a mark are its most important elements—and this must be decided on a case-by-case basis (the Court was unwilling to prescribe
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9. Passing-off and trade marks
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2. Contract I: essential features of a contract
vital distinction and requires reference to key cases. Problem questions are often used and may follow a similar form to the facts in case law—adverts in shop windows or newspapers/items
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5. Contract IV: discharge of contract and remedies for breach
as these are equitable, they must be sought within a reasonable time. Key cases Case Facts Principle Hadley v Baxendale (1854) 156 ER 145 Hadley
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3. Computer programs and databases
licensees in these cases are ‘lawful users’ (they did not have to hack their way in unlawfully). Some databases are available just by browsing the internet, in which case everyone is a lawful
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3. Contract II: mistake, misrepresentation, duress, and undue influence
in the following cases: The subject matter of the agreement is no longer in existence when the contract is established Couturier v Hastie [1856] 5 HL Cases 673 The contract
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4. Contract III: contractual terms and statutory protection
contracts are common examination questions. Knowledge and application of case law and statute is essential in this area. Express terms Express terms are, naturally, those that
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8. Employment II: termination—wrongful dismissal, unfair dismissal, and redundancy
permitted (see MacMulloch v Imperial Chemical Industries Plc [2008] ). Key cases Case Facts Principle Boston Deep Sea Fishing and Ice Co v Ansell (1888)
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7. Employment I: employment status, equal pay, and equality
identifying the extent of discrimination—especially in cases dealing with the wearing of Islamic headscarves at work. In Case C-157/15 Achbita, Centrum voor Gelijkheid van kansen en
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9. Company law I: trading structures and forming the business
company provides an advantage over operating as a sole trader. Key cases Case Facts Principle Salomon v Salomon & Co Ltd [1897] AC 22 Salomon
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7. Patents
restricted by competition law, which is beyond the scope of this book. Key cases Case Facts Principle UnilinBeheer v Berry Floor [2007] EWCA Civ 364n
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11. Intellectual property and data protection
mathematical concepts. Case C-310/17 Levola Hengelo BV v Smilde Foods BV [2018] ECLI:EU:C:2018:899 The Court of Justice of the European Union (CJEU) heard a case from a Dutch court regarding
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4. Sources of Law II: Case Law
encounter many different cases from many different sources. It is essential that you understand what the law reports of England and Wales are and what a case citation means. Should
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1. Exam Skills for Success in EU Law
individual case. For the most part I have sought to use as example cases the leading and more popular cases in EU law. Don’t worry, however, if these do not coincide with the cases you have
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5. Free movement of goods
Matthew J. Homewood and Clare Smith
of the environment, as ‘one of the [EU’s] essential objectives’, may justify restrictions on the free movement of goods. Oebel (Case 155/80) [1981] ECR 1993 Facts: German
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16. Skills for Success in Coursework Assessments
will follow so a current literature review is essential for this (and any) topic. 4 CONCLUSION: Critique the conclusion of the case and argue about the certainty versus justice
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4. Direct actions in the Court of Justice of the European Union
Articles 258–260, 263, 265, 277, and 340 TFEU
Matthew J. Homewood and Clare Smith
vires in English law. Infringement of an essential procedural requirement This arose, for instance, in Roquette Frères v Council (Case 138/79) , concerning a failure to consult
Chapter
11. Equitable Estoppel
or three cases where this doctrine has been applied to prevent a contract or deed from being declared void for failure to comply with statutory formalities. However, each case needs to
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10. Freedom of Expression
defences to protect free speech is thus essential. ■ The question refers to protection in domestic law, but it is permissible to use cases from the European Court in order to examine
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9. Funding Access to the English Legal System
children. Examples of cases excluded by LASPO • employment cases; • general contract cases; • tortious cases; • land cases; • private family cases. Merits Before
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7. Freedom of establishment and freedom to provide and receive services
Matthew J. Homewood and Clare Smith
they are normally provided for remuneration’. According to Belgium v Humbel (Case 263/86) , ‘the essential characteristic of remuneration … lies in the fact that it constitutes consideration
