Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

DC (separate from contract):

Arrangement in which a bank (issuing), acting for and on behalf of the customer (buyer), pays the beneficiary (seller) a sum of money (or accepts a BE), or authorizes another bank (advising bank, confirming bank) to do so on presentation by the beneficiary of specified documents and on condition that all other credit terms are met.

BE: Unconditional order requiring payment at a fixed future time of a certain sum of money to the bearer of the draft or to the order of a specified person; endorsement.

PN: Unconditional promise to pay at a fixed future time a certain sum of money to the bearer of the note or to the order of a specified person (abstract-independence of the contract, formal requirement).

Lecture 5: The Legal Framework

Devolution Settlements

• Scotland – Early devolution of legislative, executive, and judicial power. Note the separate Scottish legal system.
• Wales – Staggered process of devolution of mainly legislative and executive powers. Incremental growth from subordinate to primary legislative power.
• Northern Ireland – Different settlement which includes mainly legislative and executive powers within a collaborative framework.
• However, core authority for all power (legislative, executive, and judicial) remains in the hands of Parliament at Westminster.
• Understanding the separation of powers is now incredibly complex.

Judiciary

• Superior Courts
  • Supreme Court
  • Court of Appeal
  • High Court
  • Crown Courts
• Inferior Courts
  • Magistrates Courts
  • County

Employment Contracts

What is an Employment Contract?

An employment contract is an agreement between an employer and an employee. The employee provides services to the employer in exchange for remuneration. The contract marks the beginning of the employment relationship and establishes a series of rights and obligations for both parties. The employee works under the direction and organization of the employer.

Key Elements of an Employment Contract

Essential components include:

• Consent: Represents the free will of both parties to agree, without deception or fraud.
• Object: Defines the obligations of each party. The work performed must be personal, voluntary, paid, and dependent (under the employer's direction).
• Cause: The reason for the agreement –

Understanding Advertising Regulations and Contracts

Core Principles of Truthful Advertising

Advertising must be veracious (true) and is required to inform the consumer about the qualities of the product or service.

Illegal Advertising Practices in Spain

According to the Spanish Constitution, illegal advertising practices include, but are not limited to:

• Subliminal advertising.
• Comparative advertising that is subjective (and therefore illegal).
• Denigratory or misleading advertising.
• Certain forms of product placement (e.g., undisclosed or misleading product integration in media like films).

Types of Prohibited Publicity

Several types of advertising are specifically prohibited:

Unlawful Advertising (Publicidad Ilícita)

This refers to advertising that violates... Continue reading "Spanish Advertising Law: Prohibitions & Contract Types" »

Chapter 10 Test Questions

True or False

1. A written contract is necessary to create a valid agency relationship. FALSE
2. An agency relationship is a fiduciary relationship. TRUE
3. A Standard Representation Agreement for a professional sport league would be considered an apparent agency agreement. FALSE
4. Ratification occurs when an agent did not in fact have authority to act of behalf of the principal, but the principal accepts responsibility for the agent’s acts. FALSE
5. Most athlete agent acts such as the UAAA regulate dealings only between athlete agents and student athletes. TRUE
6. One of the most consistent limitations imposed on athlete agents by the players associations is the registration and certification process for representing professional athletes.

1.Price regulation - Avoid excessive pricing on the consumer -Cost recovery and investment recoupment over a period -Foster forthcoming investments. Several options – Cost à calculate AC and grant a markup upon them (May dillute incentives to efficiency gaining and cutting costs) – Cap pricing à absolute pricing level acting as threshold (May dillute to furthering investments + Sufficient fixed time)

2.Non discriminatory Access (Aimed at enabling non-network carriers access network in fair, transparent and non-discriminatory terms)

3.Corporate unbundling : Guaranteeing healthy functioning of competitive markets by curbing the exercise of competitive adv of integrated players (By isolating the diff “branches” with imp market power +

Services of General Economic Interest (SGEI)

Public authorities identify Services of General Economic Interest (SGEI) as being important to citizens. These services are not supplied by market forces alone and may require public intervention.

Main Elements of SGEI

• Act of entrustment: Formal designation of a service provider for the SGEI.
• Public service obligation: The provider must carry out the service in the public interest under conditions defined by the State.
• Public service compensation: Financial support to offset the additional costs stemming from the public service obligation.

Why are SGEIs Important?

SGEIs can alter the market mechanism and be a source of distortion unless properly targeted. They pose a threat to competitive neutrality. Controls... Continue reading "Understanding Services of General Economic Interest (SGEI) and EU Financial Supervision" »

Athens and Sparta were the most important polis.

Athens: A New Political System

A new political system was established in Athens: a democracy or government by the people.

Institutions

• The Assembly: A meeting of the citizens where matters of interest were discussed and magistrates were appointed. Women, metics, and slaves were excluded.
• Boule: Their role was to draft the laws debated in the assembly and supervise the judges. Members were chosen by drawing lots.
• Judges: They applied the decisions made by the assembly. Appointed by the assembly for a year. Some were strategists, archons, and others were treasures who managed the resources.
• Supreme Courts: Their role was to deliver justice. Members were also chosen by drawing lots.

Sparta: An Oligarchy

Sparta... Continue reading "The Classical Age: The Golden Age of Greek Civilization" »

Obligations and Contracts in the Hospitality Industry

Introduction

Transactions drive market trade, with individuals, private companies, and public entities engaging in contracts and performing transactions. A market is essentially an exchange of relationships governed by rules. Most obligations in civil law stem from contracts, although some, like parental responsibilities, do not.

Key Concepts

Power and Parties

Individuals have the power to compel others to fulfill obligations (e.g., a hotel guest must pay for their stay). Every obligatory relationship involves two legal entities, not necessarily individuals.

Intuitu Personae

This refers to situations where a specific person's skills are required, such as a surgeon or a Michelin-star chef.

Obligation