22
If the buyer wanted the watch for purely personal reasons, would they be committing any crime?
NO
The offences are at s.92 of the Trade Marks Act 1994 and all relate to either selling, or possessing as part of a business, such goods with...
a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the ...
15
While the question specifically asks about UK law, similar principles apply in united-states law. Thus I will answer for the same issue in US law.
The relevant section of US Federal law is 18 U.S. Code § 2320 - Trafficking in counterfeit goods or services. This declares that anyone is a criminal who:
(1) traffics in goods or services and knowingly uses a ...
10
If a factual statement is implied, rather than explicit, it can still constitute defamation. "T looks like a thief" may be an expression of opinion ("I think that T might be a thief") or it might be a slightly oblique way of saying "T is a thief". That would ultimately be a matter for the finder of fact, often a jury in the ...
8
When selling a residential property in the UK, you normally fill out a form called the TA10 Fittings and Contents Form, which outlines everything in the property included in the sale. This isn't a legal requirement, but your conveyancing solicitor will normally recommend it.
Anything else left in the property after the completion of the sale is still, ...
5
When a speech is recorded, it has been "fixed in a tangible form" and would, if it were original, be protected by copyright. The sense or foolishness of the ideas in the speech, the degree to which people would or would not be persuaded by them, and the amount of work the speaker put into the speech are all irrelevant to whether the speech is ...
5
I think the key word here is "assume". A person, N, who is clearly the next of kin of a recently deceased person D may not assume that s/he is D's sole heir, or indeed is D's heir at all. N must wait until D's will (if any) is known, and an executor or administrator is lawfully appointed.
Only the executor may lawfully dispose of D's property, by ...
5
Etiquette is not "above" the law in the sense that an etiquette rule excuses a violation of law. However, at least in the US, the police are not required to investigate every alleged violation of law, nor is a prosecutor required to proceed against every lawbreaker, and the decision to proceed may be influenced by a perceived etiquette violation.
...
5
Regarding the question of whether republicanism or opposition to monarchy is a protected belief under the Equality Act 2010, there is still uncertainty about the scope of the law, but it is quite likely it would be protected. A tribunal in 2019 found that belief in Scottish independence was a protected belief, assuming it's a deeply held belief about ...
4
Since this seems to have been viewed a lot, an update/answer.
I can't comment on the normalcy of such clauses since this has been my only experience.
But the Estate Agent immediately struck the clause without any fight, so it seems like it was just there "in case I let it slide".
It turned out to be a great decision, since I ended up finding my own ...
4
Severability
My understand [sic] of contract law in general, is that an illegal or unenforceable clause does not render the whole contract void, but rather that specific clause is essentially stricken out, as if it did not exist.
This is not true. Or, at least, not necessarily true.
The courts, when interpreting a contract, try to give effect to the ...
4
Does this create precedent?
NO This was a Crown Court case, only the Supreme Court and the Court of Appeal can set precedent which it did with similar circumstances in R v Hill 1989
4
The owner has the best claim
The finder of lost property must:
Hand it to the venue owner who will make reasonable efforts to find the owner.
Hand it to police if it is a type of lost property police will accept - cash is such a type who will make reasonable efforts to find the owner
Make reasonable efforts to find the owner.
If, after a reasonable time ...
3
From this website:
If the Magistrates/District Judge consider that, due to the seriousness of the offence and any factors relating to the defendant (e.g. previous convictions for assault) that the defendant should be punished with more than 6 months’ imprisonment, they can commit the defendant to the Crown Court for sentence where the greater sentencing ...
3
Telling to "shut up" may amount to misconduct: Judicial Conduct Investigations Office can investigate "offensive language".
Otherwise, judges are in charge of everything that happens in the courtroom. They have full powers to limit time that a party can speak and tell to sit down and be quiet.
Helpful article: Judicial conduct: when it ...
3
Is etiquette above the law?
This isn't how the question would be posed legally in the U.K.
Instead, setting aside issues particular to preaching to children, the issue would be framed as:
"What discretion do law enforcement officers and prosecutors have in deciding when to enforce the law?"
In the U.K., as in the U.S., that discretion is very ...
3
No etiquette does not stand above the law, but you have no right to preach to the children:
In the secularized western world (as in Europe & North America) religion is the choice of people. But that right to choose manifests only as people become adults. For children or people lacking the capacity, their guardians may decide what kind of religion they ...
3
It primarily depends on your jurisdiction. In some jurisdictions, police have the authority to enforce social codes. In all jurisdictions, police have discretion as to what actions they will take to enforce law. Taking the US as one example, the First Amendment guarantees you the right to proselytize in public, and a law prohibiting proselytizing children ...
3
In short, no, purchasing counterefeit good for personal reasons is legal. As long as you do not sell or legally claim the goods to be authentic (for insurance reasons or other), there is no law that stops you buying them, at least in the UK.
However, there are other risks involved, for example:
you could be sponsoring terrorism or organised crime
some ...
3
In the third of your sources (Harassment act, section 5), near the end, it says:
If the defendant breaches an order under section 5 or 5A of the PHA 1997 without reasonable excuse, she/he will be guilty of a criminal offence (section 5(5) PHA 1997). The penalty that may be imposed upon breach of the new section 5A restraining order is identical to that ...
3
[As this case is sub judice, I will give only a general answer describing the disclosure process.]
How does discovery disclosure work for financial crimes?
Disclosure for all criminal investigations in England and Wales, including those in to financial crime, are carried out in accordance with Parts 1 and 2 of the Criminal Procedure and Investigations Act ...
3
In Bacon's time, common law countries had a greater proportion of legal rules articulated in case law precedents, and a small proportion of legal rules articulated in statutes passed by the legislature than it does today.
Further, meaningful access to case law resources for litigants was much more difficult in Bacon's time than it is today. There were fewer ...
3
Under what circumstances (other than defamation) is “truth an absolute defense” against prosecution?
The original phrase "falsely shouting fire in a theatre and causing a panic" came from the opnion by Justice Holmes in Schenck v. United States, 249 U.S. 47 (1919) where it was a metaphor for speech that might validly be prohibited under he First Amendment. It served to introduce the famous "Clear and present danger" test. The issue in ...
2
Anyone can use reasonable force to remove a trespasser from thier home, and anyone can use reasonable force to in self defence if they have an honestly held belief that they, or someone else, is in fear of imminent violence. There is no precise legal definition of what is reasonable and each case will be considered in light of its particular circumstances ...
2
That will depend on the exact provisions of the contract between the artist and a distribution service. The contract might specify that works once submitted are to be under that service for a specified tiem, or even permanently. Or it might specify that representation ends when the contract expires or is terminated.
2
Pactical Law's page on UK GDPR says:
The UK GDPR is the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (EU GDPR) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by Schedule 1 to the Data Protection, Privacy and ...
2
In Germany, putting illegal clauses into a business-to-consumer contract may leave the entire thing void, and consumer protection groups can also sue to have them removed. In some cases the business was even required to actively inform their customers of the change. The courts took a dim view of companies who "just tried" to place an illegal clause ...
2
This is not a completely settled matter, but we can discuss some consequences and limitations. I will discuss legitimate interest, consent walls, and the special case of cookies.
When legitimate interest is OK
A legitimate interest is a great and very flexible legal basis.
However, not every interest is a legitimate interest.
Before this legal basis can be ...
2
What time protection does the Fraud Act of 2006 offer to the accused?
None. Fraud is what we call an "either way offence" and there is no time limit on bringing a prosecution.
What does it take to argue that the accused was intentional in his act of making the claim?
Evidence of his intent, in particular anything that can be shown to be dated when ...
2
What you did is illegal in australia
Preaching (paid or unpaid) is considered work and to work with children, you must hold a valid Working with Children Check. Do you have one?
I hold one because some of the construction sites I work on are schools and I might have to interact with children. Ministers of religion all hold one, as do teachers, doctors etc.
...
2
You have no relationship with Dell.
You bought the laptop from the seller. I am not intimately familiar with UK Law, but assuming they implemented EU directives correctly while they were still in the EU, then you have a 2-year warranty from the seller for any defects that existed at the time of sale. (Where a defect is defined as anything that makes the ...
Only top voted, non community-wiki answers of a minimum length are eligible
