CHECK THESE SAMPLES OF The Legal Foundations of EC Law
Relevant to this problem is the question of direct effect of the subject directive without the need for it to be implemented by national law.... According to the doctrine, Community law creates rights in favour of individuals, which the national courts are duty bound to protect.... Stated otherwise, direct effect refers to the principle whereby certain provisions of Community law may confer rights or impose obligations on individuals that national courts are bound to recognize and enforce....
11 Pages
(2750 words)
Essay
David Williams it will be necessary to look at previous case law and the application of indirect and direct discrimination by reference to established law in the area of sex and race discrimination.... is founded on principles of anti-discrimination laws on the grounds of Smith's religious beliefs....
5 Pages
(1250 words)
Essay
If a provision of ec law is directly applicable, section 2(1) of the ECA asserts that “all such rights, powers, liabilities, obligations and restrictions…… shall be recognised and available in law, and be enforced, allowed and followed accordingly.... In order to be directly effective, a provision of ec law must constitute a complete legal obligation capable of enforcement as such by a court8.... In order to advise Christina with regard to her rights under European Community law (EC) to receive a refund, it will be necessary to evaluate individual rights under Directives and state liability for failure to implement ec law at national level.
Firstly, the implementation… Indeed, Lord Denning MR presiding in the case of H....
10 Pages
(2500 words)
Essay
Collateral warranties are required to counteract the difficulty associated with establishing a liability in tort when a construction contract is in place; as stated by Lord Scarman, “Their Lordships do not believe there is anything to the advantage of the law in searching for a liability in tort where the parties are in a contractual relationship.... The general legal principle involved in the formulation of collateral contracts is that while the contractor and client enter into the main agreement, a subsidiary agreement is also formulated between the client and sub-contractor....
4 Pages
(1000 words)
Essay
The salient principles of tort law establishing injury and harm to plaintiffs have been derived on the basis of judgments which have been set out in various cases such as Donaghue v Stevenson1, Anns v Merton Borough London Council2, Murphy v Brentwood DC3 and Caparo v Dickman4, which form the basis for the duty of care that forms the foundation of tort law....
4 Pages
(1000 words)
Essay
hellip; The author states that an absolute nullity is an act that is void because it is against public policy, law, order whereas relative nullity is a legal nullity that can be cured by confirmation because the object of the nullity is valid.... Therefore the study will look into whether English law at all need to adopt a separate principle or whether the common law through practice has already created a parallel option to this.... t is not a new concept even for the beginners of English law that at times even before the procedure for registration and incorporation is complete a company (which then is not a legal person) may enter into deals and agreements and in such cases ordinarily the liabilities connected to such contracts lie with the promoters and not the company....
12 Pages
(3000 words)
Assignment
… According to the paper, the principle of equal treatment to all nationals within the Community under Article 59 of the ec Treaty will also apply in this case, since the Government is proposing to restrict the production and distribution of rockets and mandate their sale only through certainly registered outlets.... Article 59 of the ec Treaty will also apply in this case, since the Government is proposing to restrict the production and distribution of rockets and mandate their sale only through certainly registered outlets....
10 Pages
(2500 words)
Essay
Firstly, the implementation of the European Communities Act 1972 (ECA) expressly incorporated ec law into national law, creating what has been termed the “new legal order6”.... As such, Lord Denning stated that ec law was directly applicable at national level under domestic law.... In evaluating this debate, this paper will first evaluate the impact of ec Directive and horizontal direct effect in on UK national law.... The focus of this paper is to critically evaluate the extent the legal status of directives and in particular the extent to which conferring horizontal direct effect on EU Directives would be a desirable legal development....
10 Pages
(2500 words)
Assignment