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Legal Terms - export bans
*Anticompetitive practices that prohibit the resale of products from one EU/EEA territory to another. It has been long established that export bans violate the competition regulations outlined in Article 101 of the Treaty on the Functioning of the European Union. The European Commission has the authority to impose penalties of up to 10% of the annual worldwide group turnover. Clauses in contracts that prohibit exports are examples of practices that violate the rules. When Article 101 is applicable, an export prohibition in a written contract will be rendered null and void. Nevertheless, it is permissible to prohibit an exclusive distributor from actively soliciting sales in another EU/EEA territory when the vertical agreements regulation 330/2010 is in effect. It is not permissible to prevent a distributor from advertising on a website, as this is considered "passive" rather than "active" selling. Furthermore, the EU/EEA prohibits practices that have the potential to strengthen or impose an export ban. These practices include the acquisition of all parallel imports, the marking of products solely for the purpose of tracing them in order to prevent parallel importation, and the sending of emails to, or otherwise pressuring, dealers to refrain from engaging in parallel importation.
*Anticompetitive practices that prohibit the resale of products from one EU/EEA territory to another. It has been long established that export bans violate the competition regulations outlined in Article 101 of the Treaty on the Functioning of the European Union. The European Commission has the authority to impose penalties of up to 10% of the annual worldwide group turnover. Clauses in contracts that prohibit exports are examples of practices that violate the rules. When Article 101 is applicable, an export prohibition in a written contract will be rendered null and void. Nevertheless, it is permissible to prohibit an exclusive distributor from actively soliciting sales in another EU/EEA territory when the vertical agreements regulation 330/2010 is in effect. It is not permissible to prevent a distributor from advertising on a website, as this is considered "passive" rather than "active" selling. Furthermore, the EU/EEA prohibits practices that have the potential to strengthen or impose an export ban. These practices include the acquisition of all parallel imports, the marking of products solely for the purpose of tracing them in order to prevent parallel importation, and the sending of emails to, or otherwise pressuring, dealers to refrain from engaging in parallel importation.
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Legal Terms – Exhaustion of local remedies local remedies
The principle of *customary international law dictates that before a *alien may appeal to their own government for assistance, all municipal remedies available to the injured party in the host country must have been pursued. This is a customary prerequisite for any *espousal of claim by a state on behalf of a national based on foreign soil. Case: Interhandel Case (Switzerland v. US) [1959]
The principle of *customary international law dictates that before a *alien may appeal to their own government for assistance, all municipal remedies available to the injured party in the host country must have been pursued. This is a customary prerequisite for any *espousal of claim by a state on behalf of a national based on foreign soil. Case: Interhandel Case (Switzerland v. US) [1959]
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Legal Terms - Exhaustion of rights
. Owners of intellectual property rights in goods that have been placed on the market, whether they have manufactured them themselves or have permitted others to do so under their rights, are prohibited from utilizing national intellectual property rights to obstruct the importation or exportation of the goods. This is a free-trade principle. These regulations are derived from Articles 34-36 of the Treaty on the Functioning of the European Union, which were previously 28–30 and 30–36. They are applicable within the EU. The UK has implemented new regulations that maintain the principle in relation to imports from the European Economic Area following Brexit (Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019); however, the EEA does not apply the same principle to exports from the UK to the EEA.
. Owners of intellectual property rights in goods that have been placed on the market, whether they have manufactured them themselves or have permitted others to do so under their rights, are prohibited from utilizing national intellectual property rights to obstruct the importation or exportation of the goods. This is a free-trade principle. These regulations are derived from Articles 34-36 of the Treaty on the Functioning of the European Union, which were previously 28–30 and 30–36. They are applicable within the EU. The UK has implemented new regulations that maintain the principle in relation to imports from the European Economic Area following Brexit (Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019); however, the EEA does not apply the same principle to exports from the UK to the EEA.
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Legal Terms – exhibit
A physical object or document that is produced in a court, shown to a witness who is giving evidence, or used in conjunction with a *affidavit or a witness statement. Real evidence is the term used to describe tangible objects that are presented to the court for examination, such as a murder weapon in a criminal trial. The Practice Direction to Part 32 of the Civil Procedure Rules delineates the provisions that pertain to exhibits in civil proceedings. 2. verb. To refer to an object or document in a witness statement or affidavit.
A physical object or document that is produced in a court, shown to a witness who is giving evidence, or used in conjunction with a *affidavit or a witness statement. Real evidence is the term used to describe tangible objects that are presented to the court for examination, such as a murder weapon in a criminal trial. The Practice Direction to Part 32 of the Civil Procedure Rules delineates the provisions that pertain to exhibits in civil proceedings. 2. verb. To refer to an object or document in a witness statement or affidavit.
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Legal Terms - Executor’s year
The period of one year, commencing with the deceased's death, during which no one may compel his or her personal representatives to distribute the estate, even if the testator has directed payment of a legacy prior to the expiration of that period (Administration of Estates Act 1925 s 44). The complexity of an estate and the nature of the assets may justify personal representatives taking a lengthier time than this.
The period of one year, commencing with the deceased's death, during which no one may compel his or her personal representatives to distribute the estate, even if the testator has directed payment of a legacy prior to the expiration of that period (Administration of Estates Act 1925 s 44). The complexity of an estate and the nature of the assets may justify personal representatives taking a lengthier time than this.
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Legal Terms - Executory
What remains to be completed. An executory contract is a contract that has not yet been executed, and executory consideration is the consideration that has yet to be provided for a contract.
What remains to be completed. An executory contract is a contract that has not yet been executed, and executory consideration is the consideration that has yet to be provided for a contract.
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Legal Terms - executory interest (primarily historical)
An interest in property that is either created or transferred to a specific individual as a result of a specific event. For instance, if property is placed in trust "for A, but for B if he marries Mary," then B has an executory interest. Executory interests in land are exclusively permissible as equitable interests under the Law of Property Act of 1925.
An interest in property that is either created or transferred to a specific individual as a result of a specific event. For instance, if property is placed in trust "for A, but for B if he marries Mary," then B has an executory interest. Executory interests in land are exclusively permissible as equitable interests under the Law of Property Act of 1925.
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Legal Terms - executory trust (imperfect trust)
A trust in which the general intention of the settlor has been declared, but the specific terms and limitations are not entirely defined. Trusts of this nature frequently arise in family settlements with the intention of providing for any future offspring. An executory trust is a discretionary trust. There is no enforceable right of a beneficiary to any portion of the
A trust in which the general intention of the settlor has been declared, but the specific terms and limitations are not entirely defined. Trusts of this nature frequently arise in family settlements with the intention of providing for any future offspring. An executory trust is a discretionary trust. There is no enforceable right of a beneficiary to any portion of the
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Legal Terms - exemplary damages (punitive damages, vindictive damages) Damages awarded to punish the defendant rather than (or in addition to) compensating the claimant for the injury caused. These damages are considered exceptional in tort, as the general norm is that damages are only awarded to compensate for the loss that has been caused. They may be awarded in certain tort actions, including those that are (1) expressly authorized by statute, (2) to punish oppressive, arbitrary, or unconstitutional actions by government servants, and (3) when the defendant has intentionally determined that the profits associated with committing a tort (e.g., publishing a defamatory book) may exceed the damages at risk. Exemplary damages are awarded in such instances to demonstrate that "tort does not pay" (Rookes v Barnard [1964] AC 1129). Exemplary damages are not permissible in the event of a breach of contract.
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Legal Terms - exemption clause
A clause in a contract that is intended to limit or exclude the liability of one of the parties for a breach of obligation in specific circumstances. Exemption clauses are not regarded favorably by the courts. They will interpret such a clause narrowly rather than broadly if it is ambiguous. If an exclusion or restriction is not explicitly stated in a formal contract but is specified or referenced in an informal document, such as a ticket or a notice posted in a hotel, it will not be considered a term of the contract unless reasonable measures were taken to inform the affected party of the exclusion or restriction at the time of the contract (Parker v South Eastern Railway (1877) 2 CPD 416, All ER 166). Certain exemption clauses are subject to a reasonableness test under the Unfair Contract Terms Act of 1977, which is applicable to business-to-business transactions. The Consumer Rights Act 2015 includes provisions that restrict the extent to which an individual can exclude or restrict their business liability toward consumers. These clauses are monitored and enforced by the Competition and Markets Authority, as per the 2015 Act. Other statutes that prohibit the exclusion or restriction of specific forms of liability include the Consumer Protection Act 1987, the Road Traffic Act 1978, and the Defective Premises Act 1972.
A clause in a contract that is intended to limit or exclude the liability of one of the parties for a breach of obligation in specific circumstances. Exemption clauses are not regarded favorably by the courts. They will interpret such a clause narrowly rather than broadly if it is ambiguous. If an exclusion or restriction is not explicitly stated in a formal contract but is specified or referenced in an informal document, such as a ticket or a notice posted in a hotel, it will not be considered a term of the contract unless reasonable measures were taken to inform the affected party of the exclusion or restriction at the time of the contract (Parker v South Eastern Railway (1877) 2 CPD 416, All ER 166). Certain exemption clauses are subject to a reasonableness test under the Unfair Contract Terms Act of 1977, which is applicable to business-to-business transactions. The Consumer Rights Act 2015 includes provisions that restrict the extent to which an individual can exclude or restrict their business liability toward consumers. These clauses are monitored and enforced by the Competition and Markets Authority, as per the 2015 Act. Other statutes that prohibit the exclusion or restriction of specific forms of liability include the Consumer Protection Act 1987, the Road Traffic Act 1978, and the Defective Premises Act 1972.
