In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
Reid, Morris of Borth‐y‐Gest, Diplock, Cross of Chelsea and Kilbrandon
November 21, 1973 Negligence — Master and servant — Explosive substance — Scrap metal factory — Old safe purchased for scrap — Opened with oxy‐acetylene burner — High explosive in…
Abstract
November 21, 1973 Negligence — Master and servant — Explosive substance — Scrap metal factory — Old safe purchased for scrap — Opened with oxy‐acetylene burner — High explosive in it ignited — “Plant, tank or vessel” — Statutory duty — Factories Act, 1961 (9 & 10 Eliz. II, c.34) s.31 (4).
Business contracts are formed through negotiations, where the parties agree on some terms, disagree on others and keep yet others undecided. Over a period of time, they see…
Abstract
Business contracts are formed through negotiations, where the parties agree on some terms, disagree on others and keep yet others undecided. Over a period of time, they see themselves as having moved from being negotiating parties to contracting parties, settling on most of the terms. The law, however, states that a contract is formed when a person makes an offer and the other accepts it. The principle arose from the rudimentary trade practices in the past. The principles coming from the prior centuries and the modern business practices may not be in consonance. The Gibson v. Manchester City Council Case, a judgement of the House of Lords of the United Kingdom, reviewed attempts to modernize the law.
Details
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Keywords
Reid, Morris of Borth‐y‐Gest, Diplock, Simon of Glaisdale and Kilbrandon
March 15, 1972 Revenue — Selective employment tax — Premium — Manufacturers of plant — Sites for construction, erection and repair of plant — Regional employment payments — Main…
Abstract
March 15, 1972 Revenue — Selective employment tax — Premium — Manufacturers of plant — Sites for construction, erection and repair of plant — Regional employment payments — Main establishment within development area — Sites of work outside development area — Whether employment of employees on sites carried out in or from establishment wholly within development area — Selective Employment Payments Act, 1966 (c.32), s.l (1), (2), — Finance Act, 1967 (c.54), s.26(l) — Revenue Act, 1968 (c.l1), s.l(2).
Reid, Morris of Borth‐y‐Gest, Pearce, Wilberforce and Diplock
February 11, 1969 Damages — Assessment — Fatal Accidents Acts — Dependency — Standard application — Inflation of currency — Not to be taken into account — Disturbance of jury's…
Donovan, Viscount Dilhorne, Pearson, Diplock and Cross of Chelsea
May 25, 1971 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of”…
Abstract
May 25, 1971 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of” Cardiff dock estates — Whether “dock work” — Whether timber still “cargo” — Dock Workers (Regulation of Employment) Act, 1946 (9 & 10 Geo. VI, c. 22), s.6 — Docks and Harbours Act, 1966 (c. 28), ss. 51(3), 58 — Dock Workers (Regulation of Employment) (Amendment) Order, 1967 (S.I. 1967, No. 1252), Sch. 2, cl. 1 (3) proviso, App. 1.
Reid, Morris of Borth‐y‐Gest, Hodson, Upjohn and Diplock
April 29, 1969 Building — Safety regulations — Technical breach — Regulation requiring top of ladder to be lashed before use — Staircase giving access to top of ladder — Scaling…
Abstract
April 29, 1969 Building — Safety regulations — Technical breach — Regulation requiring top of ladder to be lashed before use — Staircase giving access to top of ladder — Scaling of ladder by workman to lash it — No instruction to use staircase — Fall of ladder causing injury to workman — Liability of employers — Whether workman wholly to blame — Whether oil storage tank a “building” — Applicability of safety regulations — Building (Safety, Health and Welfare) Regulations, 1948 (S.I. 1948, No. 1145), regs. 4, 29(4).
Wilberforce, Pearson, Diplock, Cross of Chelsea and Salmon
July 26, 1972 Industrial Relations — Unregistered trade union — Shop stewards — “Blacking” container lorries — Court orders on union to stop such action — Union advice to obey…
Abstract
July 26, 1972 Industrial Relations — Unregistered trade union — Shop stewards — “Blacking” container lorries — Court orders on union to stop such action — Union advice to obey court orders unheeded — Whether implied authority from union for conduct of shop stewards as its agents — Whether agents' conduct outside scope of authority — Whether union guilty of wilful contempt of court — Whether union liable for unfair industrial practices — Industrial Relations Act, 1971 (c.72), ss. 99(1) (a), (b), 101,116,154,167(1), (9).
Alongside the ubiquitous computer games apparently the marketing success of the 1992 toy season was a series of 25 year old puppets who had featured in a repeat showing of the…
Abstract
Alongside the ubiquitous computer games apparently the marketing success of the 1992 toy season was a series of 25 year old puppets who had featured in a repeat showing of the orginal ITV series on BBC — Thunderbirds — more than 70 franchises have been sold to sell goods marked with the International Rescue logo and it is alleged that these products are even bigger than the previous smash marketing hit the Teenage Mutant Ninja turtles, saving thousands of jobs and making substantial profits for the British toy industry. The characters are licensed for right‐owners ITC (originally the international marketing arm of ATV, the ITV company which put out the programme, and now an independent company, ATV having long since lost its ITV franchise) by Copyright Promotions, Europe's largest licensing company (‘Thunderbirds are go to save the toy industry’ Sunday Telegraph 15/11/92).
Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These…
Abstract
Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These day to day trade union activities take a variety of forms. The most common ones are inducement of breach of contract, conspiracy, trespass, nuisance, and intimidation. Each of these activities constitutes a tort which, unless the statutory immunities apply, would normally give rise at common law to an action for damages or, as is more frequent, enable the aggrieved party to obtain an injunction.