Summary
Summary English module 1/2 Legal practice
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Summary of the course for module 1/2, what we've seen in Mrs. Decock's lessons
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Engels Module ½Legal Topics
Business and the law
Finance Department tax law, investment
Sales Department contact law, commercial law
Claims made against a company by:
- employees = discrimination, unfair dismissal, bullying, seksual harassment,…
- suppliers = breach of contract
- competitors = unfair competition (e.g. dumping, price fixing, plagiarism)
Claims made by a company against:
- employees = breach of confidentiality, types of misconduct,…
- suppliers = breach of contract
- competitors = unfair competition
Codes Rules of conduct or correct business practice which don’t
have the force of law
Under licence from With permission of (another company)
Contracts of employment Agreement between employers and employees
Recruited Employed, hired
Discrimination Unfairly choosing one person in favour of another
Dismissal Being fired
Shareholders The people who own a company
Legal status The legal standing of a company
Product liability claim A legal challenge resulting from a product that causes harm
Damages Compensation ordered by a court to be paid to someone
who has suffered loss or injury
Legislation Written laws
Breach of contract When a contract is broken
Litigation Going to court
1
, Infringement of patents Copying someone’s registered invention
Premises A word describing a building and the land it stands on
Real estate Property (offices, houses, etc)
Tax evasion Not to pay tax, but in an illegal manner
Equal opportunities = gelijke kansen
Disciplinary procedure = disciplinaire procedure
Consumer protection = consumentenbescherming
Real estate = onroerend goed
Criminal offence = strafbaar feit
Under licence from = sold or produced with permission of the company who owns the patent
or copyright, in return for part of the sales revenue.
Misconduct = wangedrag
Dismissal = ontslag
Proper records = correct rapport
Damages = schadevergoeding
Litigation / to litigate = to take a civil case to court
Infringement / to infringe = inbreuk / schending
Tax avoidance = avoiding tax in a legal way tax evasion (illegal)
Employment law = the law related to hiring and firing
Consumer law = the law that protects the buying public
Medicines law = the law regulating the manufacture and sale of pharmaceuticals
Tax law = the law relating to a share of profits paid to the state
Health and safety law = the law concerning the well-being of employees
Their products are made under lincence.
One of our employees was guilty of serious misconduct.
A member of the public made a claim against the company.
All manufacturers must comply with the new safety regulations.
The suppliers did not deliver the goods on the agreed date. It was clear breach of contract.
2
,Setting up a business
1. Sole trader = an individual person who owns all the assets of the business and is
liable for all its debts.
2. Unlimited liability = for sole traders and general partnerships = the business is not a
separate legal entity, so liability rests with the owners of the company.
3. Equity or company capital
cash and assets
Assets can be:
1. Tangible assets = physical objects of value
(e.g. buildings, machinery, furniture, vehicles, equipment, technical appliances)
2. Intangible assets = non-physical objects of value
(e.g. goodwill, know-how, patent, copyright, trademark, reputation)
4. Register of Companies (at Companies House) = all corporations must be entered
here. This register contains key information about the company i.e. name, address of
head office, names of directors, date of formation, kind of business and size of share
capital etc.
5. Articles of association = document in which the relationship between the company
and its shareholders is set out.
Register / run a company
Raise / contribute capital
Submit / reject an application (for entry in a register)
Draw up a contract / a partnership agreement
Impose restrictions
Incur debts / costs
View / inspect the register of companies
Obtain a certificate of incorporation
Issue / hold shares
Conduct business
3
, In the UK any member of the public is allowed to view register of companies at Companies
House to get information about a particular company.
A plc can extend its equity base by issuing shares.
Under normal circumstances a company should not commence trading until it has obtained
a certificate of incorporation.
A sole trader does not need to register his or her activities in order to conduct business.
The Companies House can reject an application for registration if the proposed name of the
company is too similar to a name that already exists.
The law does not require partners in a general partnership to draw up a partnership
agreement but most solicitors would recommend this.
When a company tries to raise capital the bank often insists on securing any loan against the
personal assets of the company’s owners.
In a general partnership, the partners bear personal liability for any debt which the
partnership might incur.
Protecting intellectual property
Can the law protect the following and prevent copying?
A new drugs substance patent limited to 20 years from priority
date (= date of registration)
A 19th century violon concerto Copyright = for the published music score,
but the music itself was composed too long
ago. The descendants have no right to
royalties.
A new perfume The bottle and the name are protected by
design rights and trademarks. The smell
4
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