Implied Terms in UK Law
- The Supply of Goods (Implied Terms) Act 1973
Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas
In Marks and Spencer v BNP Paribas, the Supreme Court restated the law on the implication of terms in fact, rejecting the previously authoritative approach taken by Lord Hoffmann in Attorney Genera...
Consumer Protection and the Trade Practices Act 1974–1975 (CTH)
While State legislatures have responded, to some extent, to pressure for greater legal protection of consumers, consumer protection had never been an area of legislative activity on a national leve...
The Continuing Conceptual Crisis in the Common Law of the Contract of Employment
The effects on the common law of the contract of employment of the decision of the House of Lords in Johnson v Unisys Ltd are considered. The focus is on liability rather than remedies. It is argue......... of employm ent would be requiredto be performed in accordance with terms thathave been implied by law. This article is conc erned with e valua ting ......
EDUCATION FOR LIBRARIANSHIP AND INFORMATION SCIENCE: A RETROSPECT AND A REVALUATION
This progress report attempts to chart the main trends in professional education during the 1970s and to identify the major problems facing curriculum planners for the rest of this decade—and beyon.........In no way is it implied that they are both one and the same thing; the terms denote different ......
A TYPOLOGY OF TEACHER ACTIVISM
The categorization of different manifestations of teacher activist behaviour is the central focus of this paper. Evidence for the analysis is obtained from interviews with teacher activists and fro......... groups of activist teachers so described are discussed in general terms. The study presents a more complex picture of teacher activism than is ... different kinds of political activism may be more complex than is implied by such classifications as "left", "right" and "centre". As with all such ......
Searching for the “sacred cow”: a conceptual analysis of the term in nursing literature
Purpose: The idiom “sacred cow” is problematic due to its inaccuracy and cultural insensitivity. The purpose of this paper is to examine the term’s meaning within the nursing literature, describe c......... identify the concept “sacred cow”and surrogate terms, collect and analyze sample articles and headings,explore an ...The term’s implied meaning comesonly when viewed within a context satirizing beliefs ......
Public Servants and the Implied Freedom of Political Communication
The High Court of Australia recently overturned a tribunal decision in favour of a public servant who was dismissed after sending tweets critical of various politicians and government policies. All......... by public servants in the name of an apolitical and independent public service, without considering counter arguments in terms of democracy, and without sufficient evidence of actual or likely interference ......
The Unfolding Purpose of Fairness
The duty to observe the requirements of procedural fairness is well settled in Australian administrative law. So too is the variable content of that duty and the possibility that it may be limited ......... limited or excluded by legislation expressed in suitably clear terms. One key aspect of fairness that is not yet clear is its purpose. Why ... answe r why that duty is drawn from the common law or implied as part of statutory interpretation. This article examines recent ......
Implied Duty to Give Information During Performance of Contracts
......The information may concern facts which affect performance or events which trigger alterations in the terms of the contract. To what extent and in what circumstances must such information be disclosed? Questions about a duty of ......
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