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    Tresor Dore Case Study

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    Italian Ferrero S.P.A (Ferrero) filed a lawsuit against Mengtesha (Zhangjiagang) Foodstuff Co. (Foodstuff), arguing that the latter's activities of selling and marketing their chocolate products named “Tresor Dore” (TD) using similar package and trade dress as their chocolates “Ferrero Rocher” (FR) constituted unfair competition. The Supreme People's Court (SPC) agreed with the plaintiff and granted them damages and ordered Foodstuff to cease selling the Tresor Dore chocolate products with a…

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    The Common law principle that if an interest created in favour of a class failed with regard to some of the persons of that class, such interest failed as regards the whole class was expounded in the case of Leake v. Robinson . This principle was upheld in the case of Pearks v. Mosley . Under Hindu law, the gift to an unborn child was void. In the case of Rai Bishen Chand v. Asmaidd it was held by the Privy Council that a gift to an unborn grandson failed not because of the rules contained in…

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    Manusmrti Analysis

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    The Manusmrti remains one of the finest embodiments of Classical Hindu law and of fundamental importance in any study on law in India. Buhler designates Manusmrti as 'Bhrigu's version of the Institutes of Sacred law proclaimed by Manu".14 Its opening verses describe how Manu, the descendent of the self¬ existent Brahmana was approached by the great sages to explain the sacred law. Buhler further explains that if the versions given by commentators like Govihdraja, Narayana and Raghavananda as…

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    Revisiting Williams v Roffey Bros. & Nicholls (Contractors) Ltd Introduction The case Williams v Roffey Bros. & Nicholls (Contractors) Ltd (Williams v Roffey) has a significant influence on the development of the law of contract regarding the consideration of existing duty. This case is a decision of the Court of Appeal. There are three judges namely Glidewell, Rusell, and Purchas LJJ. Mr. Williams is the appellant while the Roffey Bros. & Nicholls (Contractors) Ltd is the respondent. The…

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    Introduction The laws of England and Ireland did not enable the freezing of assets of a defendant without lawful judgement prior to 1975. Thus this involved each case being brought before the courts and tried before such an order of the court was imposed. As a result the absence of such a remedy that could put an almost instantaneous hold on any transferable asset was aiding the defendant to avoid liability. Lord Denning stated that the Mareva injunction was “the greatest piece of judicial…

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    defendant. The injury in question occurred during the third period of said hockey game when the plaintiff, who at the time was a goaltender for the Admirals, was knocked unconscious by a Rivemen skater who had body-checked him. While body checks are common in the game of hockey, the manner in which this particular body check occurred opened itself to question of whether it should be seen as something more criminal. The Rivermen player’s body check on McKichan occurred not only after the puck had…

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    is a representative of the public whom assumes that America has a ton of opportunities for them which is situational irony. Her blue dress symbolizes her somewhat higher status in society while emphasizing the lack of self-responsibility among the common people as they expect others to sacrifice. Society often forms prejudices against people society deems more capable than others while disregarding their personal…

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    Property When it comes to real property law there are two types of properties. Using legal terms, all property will be categorized as either personal property or real property. This qualification between types of property originates from English common law, however our cutting edge laws keep on distinguishing between the two. Each form of property is dealt with distinctively under the law. There are a wide range of sorts of laws that particularly relate to personal property, and numerous…

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    In this article, the author, Pamela Palmater, makes several arguments and some conclusions. Even her conclusions appear to contain smaller arguments. Either way, all the arguments center on one issue: crisis-level in Canada for violence against Indigenous women and girls. Palmater’s central argument is for an in-depth inquiry into the violence. She argues the inquiry must be both focused and general. It should be led by a group of Indigenous women. Palmater begins her article by discussing the…

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    Supreme Court Influence

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    The Powers and Influences of the Supreme Court Founding father Alexander Hamilton once stated that he believed that the Judicial Branch would be the weak link of the three government branches. However, the branch is much more powerful than Hamilton could have ever expected. The Supreme Court has a lot of power, including judicial review that helps them be empowered when it comes to checks and balances. They also have the ability to grant a writ of certiorari to have cases sent up for a review.…

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