Why should you form an LLC or Incorporate Your Business

Why should you form an LLC or Incorporate Your Business

Monday, November 24, 2014

Is  your business operating under a fictitious name, your own name or as a sole proprietary or general partnership?you are likely to be in danger as a result , your assets don't seem to be protected against legal issues? If you're operating your business while not under the protection of an associate degree LLC or company , it is time to create it and make it official.

Here are the four excellent reasons to elevate to an associate degree LLC as shortly as possible.

1. You're sending a foul message to your customers

When you operate as a sole proprietary or a general partnership, you are likely to be sending the message that you  are simply still inexperienced, testing the waters or unsure if you're serious concerning your business. perhaps you have occasionally been told that incorporating or forming an associate degree LLC is simply another expense and it will not prevent something on taxes. this is often not the sole issue you ought to take into account, however, as you furthermore might need to think about what you're selling in your business and what you're telling your customers.

2. You'll be able to defend your assets

If you hold all of your assets in your name and you have  not formed a company or LLC, you're doing one thing terribly risky. What happens if a client sues you once they get hurt by a product? What if a vender comes once for non-payment? All it takes is one case -- that you may most likely not see it coming to ruin your personal credit and place your belongings and residential in danger. though you are doing your best to play by the principles and treat everybody fairly, you can not be totally coated whereas operative as a sole proprietary or partnership.

When your corporation or LLC borrows cash, signs a lease, or buys something on credit, you may not be in person liable.

3. There is enjoyment of  tax incentives

Operating as a sole proprietary will value you considerably in self employment taxes, that tax your financial gain at the very best potential rate for your state of affairs. the choice to create an associate degree LLC or incorporation will flip otherwise non-deductible personal expenses into legitimate business expenses which will be subtracted. In several cases, the company rate is far not up to the individual rate. a company or indebtedness company will typically qualify for extra tax deductions and advantages unavailable  to people. this is often as a result of incorporating which creates a separate legal entity.

4. It will be easier to boost capital

When you need to boost cash for your business, having a company can create and even make  it easier to search and look out for the money you wish. you'll be able to war investors by mercantilism shares, otherwise you will borrow from banks and disposition establishments. If a 3rd party investors needs to take a position in your business, there should be an associate degree entity created. Most venture capitalists choose to work with companies.

You have placed it off long enough. If you wish your business to be taken seriously and gain protection for yourself and your family, it is time to visit a company service company or associate degree professional to travel over your choices.

Read more

How To Get the Best Deals in Attorney Services

How To Get the Best Deals in Attorney Services

Friday, August 01, 2014

It is not  always easy to find the right attorney and the best attorney services. There are a several things that you need to do when finding the right arttoney .   You should think about the services and what specific legal expertise that you will need.   You should also aquatint your self with the exact specifications of the legal proceedings where you will need the attorney services to be performed.

Here are some of the legal fields of attorney services to help you in decision-making:
Immigration attorney services

One best example to describe this , Is The American Immigration Lawyers Association (AILA), founded on October 14, 1946, it is a voluntary bar association with over 13,000 attorneys and law professors who also teach and practice immigration law. Its member attorneys represent U.S. families who seek permanent residence for their close family members, as well as those in U.S. businesses that are seeking talents from the global marketplace.The  AILA members also represent foreign students, entertainers, athletes, and those seeking asylum, oftenly on a pro bono basis. AILA is also nonpartisan,a non-profit organization that provides continuing legal education, information, professional legal services

If your case is related to immigration, it is the time for you consider these services.  You need to decide whether the immigration is based on employment or a family-based isse.  Its also important to know your state laws regarding immigration.

DUI attorney services

There are high chances for one to successfully beat a DUI charge, chances of winning are slim to none in case you don't hire the right DUI lawyer. When convicted of a DIU offense, this can have a lasting consequences on your life, not neglecting the payment of stiff fines and the follow up penalties,  losing your driving privileges, the imperilment of your future job prospects, to mention but a few. When you hire a DUI lawyer, it  is your best chance to minimize the fallout from a DUI.
If you are involved in any DUI case, you should hire the best DUI attorneys in town; otherwise, you might find you self doing community service or even jailed for some time.

Social security attorney services

Statistically it has been proved that the vast majority of Social Security Disability ( SSDI/ SSD ) and SSI claims are denied at their initial  stages , stages of claim and reconsideration levels, this typically happens because of the impossibility to be represented by the right social security attorney or non-attorney disability advocate. If your case is about a social security issues such as medical insurance, you will need the services of a social security attorney.

Criminal defense attorney services

In the field of criminal law, there are a number of conditions that will always tend to negate particular elements of a crime especially the intent element usually known as defenses. The label may be different in a jurisdiction where the accused may be assigned the burden before a criminal tribunal. However, in most of the jurisdictions, the entire burden to prove a criminal charge is on the prosecution which is the government, the prosecution must also prove the absence of these defenses in instances where it is implicated. In other words, in many jurisdictions the absence of these defenses, it  is treated as an element of the crime and this may provide partial or total refuge from punishment. and that is the reason why the best legal firm or the best criminal defense attorney should definitely be hired for this job.

Divorce attorney services

Any divorce attorney you consider should have substantially experienced in handling divorce cases in your area. You need to find the best services in town so that you can get past the humiliation of the dilemma as soon as possible. An experienced divorce lawyer / attorney  will know what to expect of the judges in your jurisdiction and they should be in position to use this knowledge for your advantage.  Primarily the attorney should be practicing primarily in the field of divorce law.

It is important to remember that you should hire an attorney who is reliable and sincere who will help you to win your case.  not forgetting that  you are going to pay them for their services. it is therefor wise to get the best possible representation taking into consideration the amount of money you will spend.

How to Deal with Attorney Services Fees

You will need to pay attorney services fees in order for the attorney to give you what you expect from them.  You will notice that there are free attorney services available, but on average, you will need to spend some money in the preliminary stages. 

There are some few things that you should consider when dealing with attorney fees. For example,

What are some of the fee arrangements you should use.   All will depend on your deal.  You can ask your attorney how he or she will charge you for the services.  There are commonly 3 basic payment  arrangement;

1.    Flat rate Fees – this mostly include out-of-pocket expenses that are spent by the attorney.
2.    Hourly rates fees – This will involve to pay for the attorney services based on the hours rendered.
3.   Contingency fee – this is a percentage of what you will be awarded from the case. thus your attorney's fee is dependent upon the amount you win from the case.

What type of expertise is needed? 

When deciding about attorney fees, something to consider is the type and level of expertise needed for  the case.   And how much work will be needed for the work to be done.

How to Get the Best Attorney Services?

It is important that you are careful when choosing the right attorney to hire.  First of all, the success of the case will depends on how good you are represented.  Secondly, because you are spending some money, you should get your money’s worth.  It is good to hire a firm or an attorney who can give you the best representation services.  

Generally, when seeking a referral, asking your friends or a relatives is a good starting point.  Getting a good referral is very essential in getting what you deserve.   Take some time to conduct  a telephone interviews before you make your final selection, and do select the one that best suits your needs at a fairest  rate.  If you need additional help in your selection ,for assistance, you can contact the (ABA) American Bar Association Lawyer Referral Directory .

Naturally every one likes discounts or would like to receive the most deal out of  their money, but when it comes to legal services, the bargain and basement shopping may not be your perfect place.  It is at your advantage to pay a little more in order to get quality for the services you deserve.

Read more

Labour Law I Course Description and outline for Law Students

Labour Law I Course Description and outline for Law Students

Friday, June 06, 2014

The course covers the following major topics:
· Historical foundations of Labour and Trade Union Laws,
· Contemporary Labour Union Laws, and
· Employment Contracts.
The course content is divided into two major parts, namely: The History of Trade Unions Law and Contemporary Labour Unions Law and Employment Law.

COURSE OBJECTIVES:
At the end of this study, students should be able to:
· Have a fair understanding of the historical foundations of the different aspects of labour law,
· Discuss emerging trends, challenges, and also propose solutions to labour unions-related matters, and
· Understand and identify:
(a) the formalities of employment contracts,
(b) the rights, duties and remedies available to parties under a contract of employment, and
(c) Labour Unionism and related issues.

PRIMARY READING MATERIALS
(Please note that the following reading list is not in any way exhaustive of the sources and materials for Labour Law. Other materials may be referred to in the course of study and students are also encouraged to do further reading on their own).

Books and other Sources
1. Aaron, B. et al (1972):- Industrial Conflict; A Comprehensive Legal Survey, London
2. Angeret, S: - Trade Union Law in Uganda, 1998; Principles and Cases on the Termination of the Contract of Employment, 1998;
3. Barya, B.J.J: - Law, State and Working Class Organisation in Uganda 1962-1987, PhD Dissertation, Warwick. 1990; Workers and the Law in Uganda, CBR Working Paper No. 17, 1991; Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001; A Comparative Analysis of Labour Law Decisions in Uganda's Judicial System (1985-2002), ILO-SLARE (Strengthening Labour Relations in East Africa) Report, 2002; 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4
4. Drake, C. D. (1973):- Labour Law. Concise College Texts, Sweet & Maxwell London.
5. Kahn-Freund, O.:- (1977) Labour and the Law, 2nd Edition, Stevens & Sons, London.
6. Nyalali, F. L.:- (1975) Aspects of Industrial Conflicts, East African Literature Bureau, Kampala.
7. Rideout, R.W.:- (1989) Rideout’s Principles of Labour Law, 5th edition, Sweet & Maxwell London.
8. Scott, R:- The Development of Trade Unions in Uganda, 1966, EAPH, Nairobi
9. Shivji, I.G:- Law, State and the Working Class in Tanzania, 1986, James Currey, London; TPH, Dar-es-Salaam; Heinemann, Portsmouth, N.Y.
10. Slade E (Ed):- (2007) Tolley’s employment Handbook, 21st Edn, Butterworths, London
11. Selwyn, N. M.:- (2006) Selwyn’s Law of Employment, 14th Edn, Oxford University Press, NY.
12. Wedderburn, K.W.:- The Worker and the Law 1971, 1987 Penguin,London and 1986, 3rd Edition; (1967) Cases and Materials on Labour Law, Cambridge University Press, London

Statutes, Statutory Instruments and other Sources of Law
1. The Constitution of the Republic of Uganda 1967 and 1995
2. The Labour Unions Act, 2006, Act No. 7 of 2006
3. The Labour Unions Regulations (SI 36/2006)
4. The Minimum Wages Advisory Boards and Wages Councils Act, Cap 221
5. The Employment Act, 2006, Act No. 6/2006
6. The Employment Regulations (SI 33/2006)
7. The International Labour Organization (ILO) Conventions and Recommendations (www.ilo.org)


PART A. WEEKLY SCHEDULE

Week 1: Course Introduction
Description: Introduce the course instructors, explain the course syllabus, and discuss students' and instructors' expectations

Weeks 2 – 4: Historical Introduction
Description: This section deals with the historical origin of the various aspects of Labour Law, especially 19th century Britain.

Reading Materials
Barya B.J.J (1990) Caps II-V
2. Scott R.
3. Shivji I.G.
4. Wedderburn. K.W.

Session 1: Influences of Modern Labour Law
Session 2: The British Roots of Labour Law: The Combination statutes

Reading Materials:
R v Mawbey (1796)6 T.R. 619

Session 3: Repeal of Combination statutes
Reading Materials:
Walsby v Anley (1861)3 E & E 516
R v Duffield (1851)5 Cox 404

Session 4: Common Law – Civil Status of Trade Unions
Reading Materials:
Hornby v Close (1867) L.R. 2Q.R. 153
R v Bunn (1872)12 Cox 316
Curran v Treleaven [1891]2 Q.B 545
Lyons v Wilkins [1899]1 Ch. 255, [1896]1 Ch. 811
Quinn v Leathem [1901] A.C. 495

Session 5: Liability of Trade Unions as Organisations
Reading Materials:
Taffvale Railway Co. v Amalgamated Society of Railway Servants [1901] A.C. 426

Session 6: Political Activity by Trade Unions
Reading Materials:
1. Steele v South Wales Miners Federation [1907]1 KB 361
2. Amalgamated Society of Railway Servants v Osborne [1910] A.C. 87

Weeks 5 – 6: The History of Trade Union Law in Uganda
Description: This section traces the history of trade union law in Uganda through the colonial and post-colonial period up the present day.

Reading Materials
1. Angeret, Trade Union Law in Uganda, 1998
2. Barya B.J.J., Law, State and Working Class Organisation in Uganda 1962-1987, PhD Dissertation, Warwick. 1990
3. Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991
4. Barya B.J.J., Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001

Session 1: Development of Wage Labour in Uganda
Reading Materials:
Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991

Session 2: The first trade union laws in Uganda
Reading Materials:
1. The 1937 Trade Union Ordinance
2. 1943 Trade Unions and Trade Disputes Ordinance
3. 1952 Trade Unions Ordinance
4. Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991

Session 3: Postcolonial Trade union Law Developments
Reading Materials:
1. Public Service (Negotiating Machinery) Act No. 78 of 1963
2. Trade Unions Act No.11 of 1965
3. Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991
4. Barya B.J.J., Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001

Session 4: The 1970 Trade Unions Act
Reading Materials:
1. The Trade Unions Act No. 40 of 1970
2. The Common Man's Charter
3. The Nakivubo Pronouncement
4. Communication from the Chair
5. The Trade Union Act Amendment Decree No. 10 of 1971
6. The Trade Union Act Amendment Decree No. 29 of 1973
7. The Trade Union Decree No. 20 of 1976
8. The Trade Union Laws (Miscellaneous Amendment) Statute No. 10 of 1993
9. Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991
10. Barya B.J.J., Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001

Weeks 7 – 10: Contemporary Labour Unions Law in Uganda
Description: This section looks at the key aspects of the current labour unions law in Uganda.
Reading Materials
1. Constitution of Uganda, 1995, Article 29 and 40
2. The Labour Unions Act No.7/2006
3. The Trade Union Regulations
4. Labour Disputes (Arbitration & settlement) Act, 2006
5. ILO Conventions No. 87, 98, 135, 141, 151, 154
6. ILO Recommendations No. 143, 149, 159
7. ILO: Freedom of Association and Collective Bargaining, 1994
8. Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4
Session 1: International Protection of Labour Unions: ILO Conventions No. 87 and 98

Reading Materials:
1. ILO Convention No. 87
2. ILO Conventions No. 98
3. International Covenant on Economic Social and Cultural Rights,
4. Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 2: Freedom of Association under Current National Laws
Reading Materials:
The 1995 Constitution, Articles 29 (1) (e) and 40 (3)
2006 Labour Unions Act
Labour Disputes (Arbitration and Settlement) Act 2006
Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act No. 10 of 2008
Dr. S. Lyomoki & Ors V. the Attorney General, Constitutional Petition No. 8/2004
Ateker Ejalu v. Uganda Railways Workers Union and Uganda Railways Corporation; Civil Appeal No. 8 of 1985; [1994] KALR 51.
Omara Okot Yokana Daudi v. NOTU & Suplisius Okolimong, HCCS No. 728/1985
Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 3: Management of Unions
Reading Materials:
2006 Labour Unions Act
Trade Unions Regulations, Statutory Instrument No 223/1
Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 4: Public Service Unions
Reading Materials:
2006 Labour Unions Act
Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act No. 10 of 2008
Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 5: Collective Bargaining
Reading Materials:
The 1995 Constitution, Article 40 (3)
ILO Convention No. 98
2006 Labour Unions Act
Labour Disputes (Arbitration and Settlement) Act
Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 6: Nature of Labour Unions in Uganda today.
Reading Materials:
Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

PART B WEEKLY SCHEDULE

Week 1: Introduction to the Employment Contract
Description: A general introduction to the idea of employment contracts.
Reading List:
1. The Employment Act, No. 6/2006
2. The Employment Regulations
3. The Labour Disputes (Arbitration & Settlement) Act No. 8/2006
4. Angeret S., (1998) Principles and Cases on the termination of the contract of Employment
5. Barya B. J.J, (1991)Workers & the Law in Uganda, CBR Working Paper No. 17
6. Selwyn, Caps 2, 8-10
7. Wedderburn. K.W. (I) Caps 2 and 3 (II) Caps 1 and 2
8. Drake, Caps 1-4
9. Rideout, Caps 1 – 9

Week 2-3: Contracts of service
Description: Learning how to differentiate a contract of service from a contract for services.
Reading List:
1. Section 2, Employment Act
2. Market Investigations Ltd v Minister of Social Security [1969]2 WLR 1/(1969)2 QB 173
3. Davis v Presbyterian Church (1986) 1 WLR 323
4. Yewens v Noakes (1880)6 QBD 530
5. Rocks v Kelly
6. Mersey Docks and Habour Board v Coggins and Griffiths (1947) AC 1
7. Nicholas v FJ Sparke and Sons91945) KB 309
8. Honey Will and Stein Ltd v Larkin Brothers Ltd (1934) KL 191
9. Performing Rights Society Ltd v Mitchell and Booker [1924]1 KB 762
10. Morren v Swinton & Pendlebury (1965) 1 WLR 576
11. Gold v Essex County (1942) 2 KB 293
12. Cassidy v Ministry of Health (1951)2 KB 343
13. Argent v Minister of Social Security and anor (1968) 1 WLR 1749
14. WHPT Housing Association Ltd v Sec of State for Social Services (1981) 1 CR 737
15. Stevenson, Johnson and Harrison Ltd v McDonald & Evans [1952]1 T.L.R 101
16. Lee Ming in re Sunday Tribune Ltd (1984) 1 WLR 505
17. Ready Mixed Concrete(South East) Ltd v Minister of Pensions [1968]2 QB
18. Massey v Crown Life Insurance Ltd [1978] 1 WLR 676
19. Warner Holidays Ltd v Sec of State for Social Services (1953)1 CR 440
20. Young and Woods v West (1980) 1 WLR 201
21. McDermott v Loy
22. Coincidedeal Bhain v Mooney (1990) WLR 422
23. Bank Voor Handel en Scheepvaart NV v Slatford [1953]1 QB248

Week 4: Express Terms
Description: Both the employer and the employee in their written agreement of employment outline the terms and conditions of the contract. How these are interpreted and the requirement at law for specific terms to be made express is considered in this session.

Reading List:
Section 59, Employment Act
Systems Floors (UK) Ltd v Daniel (1982) 1 CR 54

Week 5: Terms implied by common law
Description: Besides express terms of employment contracts, some terms are implied by common law. These shall be considered in this session.

Reading List:
1. Skiilaw v Southern Foundries (1926) Ltd [1939]2 KB 206
2. B.P Refinery (Western Port) Pty Ltd v Shire of Hastings (1978) 52 A.J. LR 20
3. Devonald v Rosser & Sons [1906] 2 KB 728
4. Meek v Port of London Authority (1918) 1 Ch 415
5. Orman v Saville Sportswear Ltd [1960] 1 WLR 1055
6. Reigate v Union Manufacturing Co. Ltd (1916) 1 KB 582
7. Harley v Pease & Partners Ltd (1915) 1 KB 698
8. Browning v Crumlin Valley Collieres Ltd (1926) 1 KB 522
9. Donald v Rosser & Son
10. Cresswell v Sawdon & Co. (1901) 2 KB 653
11. Re: Rubel Bronze and Metal Co. (1918)1 KB 315
12. Turner v Sawdon & Co. (1901) 2 KB 653
13. Clayton & Walker Ltd v Oliver (1930) AC 209
14. Manbe v George Edwards (Day's Theatre) Ltd (1928)1 KB
15. Harmer v Cornelius (1958) 5 CB (NS) 26
16. Lister v Romford Ice and Cold Storage Ltd (1957) AC 555
17. Paris v Stepney Borough Council (1951)AC 367
18. Ottoman Bank v Chakarian [1930]AC 277
19. Johnstone v Bloomesbury Health Authority (1991)2 WLR 1362
20. Cresswell v Board of Inland Revenue (1984) ICR 508
21. Secretary of State for Employment v ASLEF (1972) 2 QB 455
22. Hivac Ltd v Park Royal Scientific Inst)ruments Ltd [1946] Ch 169
23. Sybron Coorporation v Rochem (1984)1 Ch 112 / (1983) IRLR 253
24. Bell v Lever Bros [1932] AC 161
25. Reading v AG [1951] AC 507
26. Marshall v Industrial System and Control Ltd (1992) 1 WLR 294
27. Wessex Diaries Ltd v Smith (1935)2 KB 80
28. Swain v West (Butchers) Ltd[1936] 3 ALL ER 261
29. Robb v Green [1895]2 QB 315
30. Turner v Vivian (1873) 37 J.P. 228
31. National Trading Co-op v Kityo

Week 6: Other terms
Description: Some terms of employment contracts are not express nor implied at common law, but implied by various laws. These shall be looked at in this session.

Reading List:
1. Employment Act
2. Workers Compensation Act
3. Employment Regulations
4. National Social Security Act
5. Labour Unions Act
6. Prof. S Huq v Islamic University in Uganda, Appeal No. 47/1995
7. Dr. Sam Lyomoki and5 others v Attorney General (2005)2 EA 127
8. Car and General v Bholmi

Week 7: Modes of Termination of Employment
Description: Contracts of employment can be terminated in various ways. This session will introduce students to these various ways.

Reading List:
1. Birch and Humber v The University of Liverpool (1985) IRLR 165
2. Bank of Uganda v Fred William Masaba and 5 others Civil Appeal No 3 of 1998
3. Nuwemuguzi v National Water and Sewerage Corporation Civil Appeal No 26 of 1993
4. Bliss v South East Thames Regional Health Authority (1987)1 CR 700
5. Rigby v Ferodo Ltd (1988) 1 CR 29
6. London Transport Executive v Clarke (1981) 1 CR 355
7. Dans Contractors Ltd v Fareham D.C (1956) AC 696
8. Williams v Watson Luxury Coaches Ltd (1990) IRLR 164
9. Taylor v Caldwell (1863)3 QB 866
10. Poussard v Spiers (1876) 1 QB 410
11. Morgan v Manser (1948)1 KB 184
12. F.C Shepherd & Co. v Jerrom (1987) 1 QB 301

Week 8: Termination of the contract of employment under common law
Description: The class will consider the various modes of termination of the contract of employment established under common law.

Reading List:
1. Employment Act
2. A.M Jabi v Municipal Council [1975] HCB 191
3. Ridge v Baldwin
4. Bholmi v Car and General
5. Cyril Leonard & Co. v Sinio Securities Trust and Boston Deep Sea Fishing Co
6. Nuwemuguzi v National Water and Sewerage Corporation Civil Appeal No 26 of 1993
7. Grundy v Sun Printing and Publishing Association [1916]33 TLR 77
8. Adams v Union Cinemas Ltd [1939]3 All ER 136
9. Bauman v Houlton Press Ltd [1952]2 All ER 1121
10. Nicholls v Falcon Airways Ltd [1962] Lloyds 245
11. Hill v CA Parsons & Co. Ltd [1972] Ch 305 [1971]3 All ER 1345
12. McDonnel v Ministry of Education [1940]IR 316
13. Riordan v War Office [1959]3 All ER 552
14. Brennan V c. Lindley & co. limited [1874] IRLR 153
15. Harris & Russell Ltd [1973] 3 All ER 31
16. Mowlem Northern Ltd v Watson [1990] ICR 751
17. East African Airways v Knight [1975] EA 165
18. Barclays Bank v Mubiru
19. Ushillini Gullbhai v Kampala Pharmaceuticals

Week 9: Termination by Notice
Description: The class will explore the antecedents of terminating an employment contract by notice.

Reading List:
1. Employment Act
2. ILO: Protection against Unjustified dismissal, 1995
3. ILO Convention 158
4. ILO Recommendation 166
5. Lulume v C.M.B [1970] E.A 155
6. Wakiro & Anor v Committee of Bugisu Cooperative Union [1968] EA 523
7. A.M Jabi v Municipal Council [1975] HCB 191
8. E Ngiro v Dunlop E Africa (1977) HCB 333
9. Konig v Karanje Naranjel Propoerties [1968]EA 223
10. London Transport Executive v Clarke
11. Wakiro v Committee of Bigusi Cooperative Union [1968] EA 523
12. Lulume v Coffee Marketing Board

Week 10: Other forms of Termination
Description: The class will consider all the other forms of termination of an employment contract in addition to those already covered.

Reading List:
1. Barclays Bank of Uganda v Godfrey Mubiru Civ. App 1 of 1998
2. Niwemugizi v National Water & Sewerage Cooporation SCCA No 26/1993
3. Pepper v Webb [1969] I WLR 514
4. Grover v B.L.N. Ltd [1973] IR 388
5. Carvill v Irish Industrial Bank [1968] IR 325
6. Laws v London Chronicle Ltd [1959] 1 WLR 698
7. Simon v Hover [1977] ICR 61
8. Sinclair v Neighbour [1976]
9. Clouston & Co. Ltd v Corry [1906] AC 122
10. Boston Deep Sea Fishing and Coco v Ansell [1888]
11. Jupiter General Insurance Co. Ltd v Shroff [1937] 3 All ER 67
12. Blyth v Scottish Liberal Club [1983] IRLR
13. Konig v Karanjee Naranjee properties [1968] EA 223
14. Bervani Harris v Gair [1981] IRLR 520

Read more

LLB 2 Law of Sales Course description and Outline

LLB 2 Law of Sales Course description and Outline

Friday, May 30, 2014

The law of sales is an extension of the law of contract with roots in the over 900 year old mercantile custom and usage: lex mercatoria (the law merchant).
The law of sales is intended to introduce you to the fundamental knowledge and skills in the area of domestic sale of goods transactions.

Trade in goods has been a central part of the social and economic fabric of Ugandan tribal societies since before our recorded history, and is perhaps the most common of all commercial transactions today.
However, with the advent of colonialism certain changes to the informal trade in goods led to the adoption of the Sale of Goods Act (1893) (UK) with necessary modification to suit local circumstances.
The present course of study seeks to enlighten the student on the various provisions of the Uganda Sale of Goods Act (Cap. 82) and its application to daily commercial transactions involving the sale of goods.

B. Course aim
This course is intended to develop knowledge of the legal principles that underlie the very simple and everyday act of buying and selling goods in a domestic perspective (Uganda). It is also intended to develop skills in the construction of sale of goods contracts.

C. Course objectives
At the completion of the course, through interactive lectures, discussions, presentations, and research, the student should be able to:

(a) Develop an understand the origins of Uganda’s law of sales;
(b) Understand the fundamental principles of the law of sales;
(c) Distinguish a sales transaction from other commercial transactions;
(d) Identify the different participants in sales transactions, their obligations and potential legal liabilities;
(e) Suggest remedies/ solutions to legal problems/ disputes that may arise in the course of sale of goods transactions;
(f) Identify gaps in the law and suggest possible reforms in light of changing local circumstances and global trends in sale of goods practices.

D. Methodology of Study:
Lecture sessions will be points of contact between the lecturer/tutor and the students. Students are expected to attend lectures, ask questions, discuss opinions and receive guidance for further study and research.
Students are required to read and comprehend the recommended text and cases, and will be called upon to make presentations in class for discussion.
A reliance on ‘handouts’ (pre-compiled notes or photocopies) from the lecturer is discouraged since the very focus of legal education at this level is individual or group study with a view to contributing to discussion in class that will enable you to understand, and arrive at new and important realizations on the subject.
A good understanding of market trends in Uganda will also enable an excellent articulation of views in oral contributions in class, and the ability to incorporate that outlook into your coursework and examinations will attract high grades.
Guest speakers may be called in where possible to speak about particular issues under consideration.
Coursework assessment and examinations will be given according to the semester schedule. Coursework contributes 30% while the final exam contributes 70% to the final grade. You will receive instructions and assessment criteria prior to undertaking the coursework.

E. Requirements.
The students taking this course should have a good grasp of the law of contract, which is the foundation of all issues under consideration.
Note: The student is advised to meticulously attend to his/her work at all stages of this course of study. With that caution, diligence and industriousness will be rewarded, while incompetence will be treated with deserving contempt.

F. Faith in Teaching
Where applicable we shall explore how, and to what extent Christianity informs aspects of the course unit.

G. Course Materials
(i) Recommended Reading:
(a) P.S Atiyah (2005), The Sale of Goods, 11th Edn, Pitman, London, UK/ (2000) 10th Edn.
(b) K. I. Laibuta (2006), Principles of Commercial Law, Law Africa Publishing, Kenya.
(c) Uganda Law Reform Commission: A study report on the reform of selected trade laws-sale of goods and supply of services law, ULRC Publication No. 28/2004
(d) John Joseph Ogola (2005), Business Law, Focus Publishing Ltd, Kenya.
(e) David Kelly, et al (2005) Business Law, 5th Edn, Cavendish Publishing Ltd, London.
(f) Dennis Keenan (2003), Smith & Keenan’s Law for Business, 12th Edn, Pearson, Longman.
(g) Keith Abbott et al, (2002) Business Law, 7th Edn, Thomson, UK.
(h) Ewan Macintyre (1998), Cases & Materials: Commercial Law, Blackstone Press, London.
(i) Paul Dobson (1997), Charlesworth’s Business Law, 16th Edn., Thomson, Sweet & Maxwell, London.

(ii) Relevant Statutes:
(a) Sale of Goods Act (Cap. 82) (all students must have this Act)
(b) Contracts Act, 2010, Act No.6 of 2010

(iii) Bills:
(a) The Sale of Goods and Supply of Services Bill
(b) The Consumer Protection Bill

(iv) Other Relevant Links:
(a) Uganda National Bureau of Standards Act, Cap 327, www.unbs.go.ug/
(b) Uganda Consumer’s Protection Association (UCPA), www.ucpa.eac-quality.net
(c) The East African Community Treaty, 1999 as amended in 2006 & 2007
(d) The EAC Common Market Protocol and specifically the annexture on Free Movement of Goods (www.eac.int, for a free download of the protocol & annexture)

(v) Articles:
Ben K. Twinomugisha: Protection of the Consumer in the Sale of Goods Act (Cap. 79), The Uganda Law Focus, December 2001, pg. 72

(vi) Websites
(a) Uganda Legal Information Institute, www.ulii.org (decisions of courts of Uganda)
(b) British & Irish Legal Information Institute, www.bailii.org (British, Irish & European Union case law)

H: Couse Outline
1.0 Historical introduction to the law of sales
(a) Law merchant and the sale of goods
(b) Codification of the law relating to sale of goods in the 1893 UK sale of Goods Act
(c) Sale of Goods Act and its introduction in Uganda
(d) Interpretation of the Sale of Goods Act

2.0 The Contract of Sale of goods (Sections 1, 2, 3, 4, 5 Sale of Goods Act)
[Weeks 1- 2]
(a) Definition of a contract of sales
(b) Distinction between a contract of sale and other commercial contracts (barter/ exchange, gifts, bailment, hire-purchase, finance leasing, supply of services, loan on security for goods, agency etc).
(c) Formalities and formation of a contract of sales;
(d) Subject matter of a contract of sale;
(e) Price in a contract of sales;

Cases:
(a) Aldridge v Johnson (1851-58) 8 QB 118
(b) Robinson v Graves (1935) 1KB 579.
(c) Adam v Tanga – Mombasa Transport Co. (1955) 28 KLR 14.
(d) Choitram v Lazar (1945) EA 157.
(e) Dennant v Skinner (1948) 2 KB 164
(f) Cammell Laird & Co. Ltd v Manganese Bronze & Brass Co. Ltd (1943) AC 402
(g) Ghulam Kadir v British Overseas Engineering Corporation (E.A.) Ltd., (1957) EA 131
(h) Helby v Mathews & Ors (1895) AC 471
(i) Jiwa Singh v Rugnth Jerum (1945) EACA 21
(j) John Nsaga v Haji Juma Kayongo c/o 607/1978 High Court of Uganda
(k) Kanti Printing Works v Tanga District Administration (1970) HCB 257
(l) Karia v Shah (1962) EA 43
(m) Leslie & Anderson v Kassam Jivraj & Co. Ltd (1950) EACA 84
(n) Maloo Manji v. Rev (1930 I Tan L.R. (R) 163
(o) Matayo Musoke v Alibhai Garage Ltd. (1960) EA 31.
(p) National Pharmacy Ltd. V Kampala City Council C/S 461/1977 Uganda High Court
(q) Sivjani v Kenya Garage (1952) 26 KLR 25.
(r) Suleman Virji Kassam Amosi 9 EALR 33
(s) Sultani v J.B. Morgan (1960) EA 434

3.0 Transfer of Property and Title Under the Contract of sale
[Weeks 3-5]
(a) Transfer of Title: Sec. 22-26:
The principle of Nemo dat quad non habet (one cannot pass a better title than that possessed)
(i) Badilsche Anilin v Basle Chemical (1898) AC 200
(ii) Bishopsgate Motor Fianance Corp v Transport Brakes Ltd [1949] 1 KB 332
(iii) Butterwood v Kingsway Motors (1954) 1 WLR 1286
(iv) Dennant v Skinner (1948) 2 KB 162
(v) Ingram v Little (1961) 1 QB 31
(vi) Johana Mbugwa v Mwangi Mugwe (1949)16 EACA 1
(vii) Karimbux v Dalgety (1934) 1 EACA 121
(viii) Kirkham v Attenborough (1897) 1 QB 201
(ix) Kursell v Timber Operator (1927) 1 KB. 298. C.A.
(x) Re Wait (1927) 1 Ch. 606
(xi) Tarling v Baxter (1827) 6 QB 31
(xii) Underwood v Burgh Castle Brick & Cement Syndicate (1922) 1 KB 343,
(xiii) Varley v Whipp (1900) 1 QB 31
(xiv) Vithaldas Haridas & Co v Valki & Co., HCCS 34/1927
(xv) Weiner v Gill (1906) 2 KB 574
(xvi) Weiner v Harris (1910) 1 KB 285
(xvii) Atari Corporation v Electronics Boutique Stores [1998] 1 ALL ER 1010
(xviii) Laury v John [1926] 1 KB 223
(xix) National coal board v Gamble [1959] 1 QB 11
(xx) Healy v Howlett & Sons [1917] 1 KB 337
(xxi) Laurie & Anor. V John Dudin & Anor [1926] 1KB 223
(xxii) Re an arbitration btn Shipton Anderson & Co. Ltd and Harrison Bros. & Co. Ltd [1915] 3 KB 676
(xxiii) Pignataro v Gilroy & Sons [1919] 1 KB 459
(xxiv) Nanka Bruce v Common wealth Trust Ltd [1926] AC 77

(b) Transfer of Title by Non – Owner / Exceptions to Nemo Dat (Sections 22-26 SGA)
(i) Eastern Distributors v Goldring (1957) 1QB 371
(ii) Central Newbury Car Auctions v Unity Finance (1957) 1 QB 371
(iii) Vallabhdas Hirji Kapadia v Laxmidas (1964) EA 378
(iv) Lloyds and Scottish Finance v Williamson (1965) 1 ALL ER 641
(v) Pacific Motor Auctions v Motor Credits (1965) ALL ER 105
(vi) Dennant v Skinner (1948) 2 KB 164

(c) Exceptions to Nemo Dat
(i) Estoppel by representation & Negligence
Henderson & Co. Ltd v Williams (1895) 1QB 521
Farquharson Bros v J King & Co. Ltd (1902) AC 325
(i) Sale by agent
(ii) Sale under special powers of sale
(iii) Sale Under Voidable Title
Phillips v Brooks (1919) 2 KB 243
Cundy v Lindsay (1878) 3 AC 459
Ingram v Little (1961) 1 QB 31
Lewis v Avery (1971) 2 ALL ER 507
Namjee Brothers v Awadh (1969) EA 521
(iv) Sale by Seller in Possession.
Staff Motor Guarantee Ltd v British Wagon (1934) ALL ER 322
Union Transport Finance Ltd. V Ballardie (1965) ALL ER 105
Worcester Finance Co. v Cooden Engineering Co. Lt. (1971) 3 WLR 661 / [1972] 1QB 210
Eastern Distributors Ltd. v Goldring (1957) 2 QB 600
Olds Discount, Ltd. v Krett (1940) 2 KB 117
Cundy v Lindsay (1878) 3 AC 459
Weingut v Leslie [1967] EA 480

(v) Sale by Buyer in Possession
Worcester Financing C.V Cooden Engineering (1971) WLR 661
Lee v Butler (1893) 2 QB 318
Helby v Mathews (1895) 2 QB 318
Matayo Musoke v Allibhai Garage (Supra)
Pacific Motor Auction v Motor Credits (Hire Finance) Ltd (1965) AC 867
Mubarak Ali v Wali Mohamed (1938) 18 KLR 23
Kressaman v Lakhani (1964) EA 249
Newtons of Wembley v Williams (1964) 3 ALL ER 532, C.A

(vi) Sale by mercantile Agent in possession of goods with owner’s consent
Moody v Pall Mall Deposit (1917) 3 TLR 306
Rolkes v King (1923) 1 KB 282
Lloyds Bank v Bank of America (1938) 2 KB 147

(vii) Ordinary course of business
Pearson v Rose Young (1951) 1 KD 275
Stadium Finance Ltd. v Robbins (1962) 2 QB 664
Oppenheimer v Prazar & Wyatt (1907) 2 KB 519

4.0 Risk and Frustration (Sections. 21,33,7 & 8 [week 6]
(a) Bolus & Co v Kirparam & Some (1915) 6 EALR
(b) Elphich v Barnes (188) 5 C.P.D. 321
(c) Sterns Ltd v Vickers Ltd (1923) 1 KB 78
(d) Demby Hamilton v Bearden (1949) 1 ALL ER 435
(e) Tarling v Baxter (1823) 6 lB.C. 360
(f) Asfar & Co. Ltd V Blundell (1896) 1 QB 123, CA
(g) Horn v Minister of Food (1948) 2 ALL ER 1036
(h) Barrow, Lane & Ballard Ltd v Phillip Phillips & Co. Ltd (1929) 1 KB 574
(i) McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 (Aust)
(j) Tsakirogolou v Noblee Thori (1961) 2 WLR 633/(1962) AC 93
(k) Twentsche Overseas Trading v Uganda Sugar 12 EACA1
(l) Financing Ltd. Stinson (1962) 3 ALL ER 386
(m) Howell v Coupland (1876) 1 QB 258

5.0 Performance of the contract [week 7-8]
(a) Kampala General Agency Ltd v Moody’s (EA) Ltd (1963) EA 549
(b) Hussein Bachoov Clove Growers Ass. Of Zanzibar (1957) EA 193
(c) Doola Singh & Sons v Uganda Foundary & MW (1957) 12 EA 193
(d) Mohamedraza Rashid Nathani v Layland 8 ZLR 20
(e) Harling v Eddy (1951) 2 KB 739
(f) Oscar Chess Ltd. v Williams (1957) 1 WLR 370
(g) Routledge v Mackay (1954) 1 WLR 615
(h) DeLessalle v Guidford 1901 2 KB 215

6.0 Implied Duties of the seller
(1) The duty to pass a good title
(a) Sellers right to sell the goods
(i) All Kassan Virani v United Africa Co. (1958) EA 204
(ii) Llanga v Manyoka 91961 EA 705
(iii) Lakhamani Bros. Ltd. v Raja & Sons (1966) EA 178
(iv) Rowland v Dival (1923) 2 KB 500, CA
(v) Butterworth v Kingsway Motors (1954) 1 WLR (1986)
(vi) Niblett v Confectioners Material (1921) 3KB 387/ CA

(b) Warranty of Quiet Possession
(i) Lakhamani Bros. v Raja & Sons (1966) EA 178
(ii) Ali Kassam Virani Ltd. v United African Co. (1958) EA 204
(iii) Mason v Birmingham (1949) 2 KB 545.

(c) Warranty that Goods are Free from Encumbrances
(i) N.W. Bank v Poynter (1895) AC 56
(ii) Official Assignees of Madres v Mercantile Bank of India (1938) AC 287

(d) The duty to deliver the goods, and at the right time, and in the right quantity
(e) Duty to supply goods of the right quality

Basic Rule: Caveat Emptor
(a) Implied Condition that Goods shall correspond with Description
(i) Abdul Salem v East African Trading Co. 2 EALR 12
(ii) Livio Carli v Salem (s Mohamed (1959) EA 701
(iii) Alibhai Panju & Sons Ltd v Sunderji 16 EACA 72
(iv) Pan African Trading Agencies v Chande Bros 19 EACA 141
(v) Juthalal Velji v Gulamjusen R Jirraji 16 EACA 75
(vi) Nurmohamed Murji Dattu EACA 294
(vii) Varley v Whipp (1900) 1 QB 513
(viii) Re Moore & Landaner (1921) 2 KB 519, CA
(ix) Christopher Hill v Fur Farm supplies (1968) 1 Llyod Rep. 457

(d) Implied condition that goods must be fit for particular purpose
(i) Norman v Overseas Motor Transport Ltd. (1959) EA 131
(ii) Omer v Besse (1960) EA 907
(iii) Dola Singh v Uganda F & M Works 12 EACA 33
(iv) Mozecedraza R. Mathani v Layllani 8 ZLR 3 20
(v) Ashington Paggeries v Christopher Hill Ltd. (1972) AC 441
(vi) Baldry v Marshall (1925) 1KB 260
(vii) Spencer v Devon (1947) 1 ALL ER 284
(viii) Cammel Laird & C. Ltd. v Manganese Bronze & Brass Co. Ltd (1934) AC 402

(e) Implied Condition that goods are Merchantable
(i) Omer v Besse 2(1960) EA 907
(ii) Doola Singh v Uganda Foundry & Machinery 12 EACA 33
(iii) Bristol Tramways Co Ltd v Fiat Motors Ltd [1910] 2 KB 831
(iv) Wren v Holt (1903) 1 K.B. 668
(v) Wilson v Richet Cooherell (1954) 1 QB 598
(vi) Geddling v Marsh (1929) 1 KB 668
(vii) Nibelett v Confectioners Materials Co. Ltd (1921) 3 KB 387
(viii) Taylor v Combined Buyers (1924) NZLR 627 at 645

(f) Terms implied by trade usage
Flency V King Mohammed Walli & Co. 1ZLR 17
(g) Terms implied in sales by sample
(i) Jafferali Abdul, v Jan Mohammed Ltd., 18 EACA 21
(ii) Shaha Rhambhai Patel 23 EACA 329
(iii) Ali Kassam Virani Ltd Janmohamed Ltd 18 EACA 21
(iv) Godley v Perry (1960) 1 ALL ER 254

7.0 Exemption Clauses [week 9]
(i) Omer v Basses 9 (1960) EA 907
(ii) Jafferali Abdul v Janmohamed Ltd (1957) 18 EACA 21
(iii) Wallis v. Pratt (1911) AC 394
(iv) Baldry v Marshall (1925) 1KB 260, CA
(v) Andrews v Singer (1934) 1KB 170, CA
(vi) L’ Estrange v Graucob (1934) 2 KB 394
(vii) Karsales v Wallis (1956) 1 WLR 936/ (1956) 2 ALL ER 866
(viii) Suisse Atlantique v Rotterdamsche (1966) 2 All E.R. 61/ (1967) 1 AC 361
(ix) Photo Productions Ltd v Securicor Transport Ltd (1980) AC 827
(x) Curtis V. Chemical Cleaning Cleaning Co. [1951] 1 ALL ER 631
(xi) Dar Es Salaam Motor Transport Co. Ltd V. Metha & Others [1952] 2 EACA 447
(xii) Spurling Ltd V. Bradshaw [1956] 2 ALL ER 121

8.0 The Duties of the Buyer [week 10]
(1) The Duty to Pay the Price
(a) E. D Kresman & Co. v Ltd. Lakhani Ltd. (1964) EA 294
(b) Kari Singh v General workshops 18 EACA 4
(c) National Pharmacy Ltd. v Kampala City Council Ltd (1977)

(2) The Duty to Take Delivery
(a) Kampala General Agency Ltd v Mody’s (EA) Ltd (Supra)
(b) Alinius v Globe Merchantile Corpn. Ltd (1968) EA 114
(c) Devshi S. Shah v Sudhnan Mohanlal (1951) EACA 79

9.0 Privity of Contract [week 11]
(a) Shanklin Pier Ltd v Detel Products Ltd (1951) 2 KB 854
(b) Carlill v Carbolic Smoke Ball (1893) 1 QB 258
(c) Rose Standardized Disinfectant Co. (1968) 2 EACA 125

10.0 Remedies [weeks 11-12]
(1) Remedies of the Seller
(a) Jus In Rem (real remedies): Unpaid seller’s Rights and Powers against the goods
Omer v Besse (1960) E.A 907

(b) Unpaid Seller’s Lien
(i) Guster Adolf v Leslie (1967) EA
(ii) Mohamed Hussein v Kashayji etc (1952) 19 EACA 162
(iii) Housing & Co., v Barshi TZLR 272

(c) Unpaid Seller’s Right of Stoppage in Transitu
(i) Bethel Q. Co. v Clerk & Co. (1988) 20 QB 615
(ii) Lyons v Hoffnung (1890) 15 AC 391
(iii) Housing & Co v Dharsi TZLR 272
(iv) Mordaunt Bros v British Oil & Cake Mills Ltd (1910) 2 KB 502

(d) Unpaid Seller’s Right of Resale
(i) Bhangwanji & Co. v Mohamed (1953) 26 KLR 12
(ii) Housing & Co. Saleh Dharsi 1SZLR 272
(iii) Callagher v Shillick (1949) 2 KB 765

(2) Jus In Personum (Personal remedies): remedies against the buyer himself
(a) Action for the Price
(i) Ghulam Kadir v British Overseas Engineering Corp. (1957) EA 131
(ii) Devshi Samat Shah v Burhram M (1951) EACA 79
(iii) Hari Singh v General Workshop (1951) 18 EACA 4
(iv) Guggehhem Ltd v Ratguru (1952) 7 ULR 55

(b) Action for damages for non- acceptance of the goods
(i) Davshi Samat Shah v B. Mohamlal 18 EACA 79
(ii) Kassam Jivrj & Co. Ltd. Gullamhussein & Co. 24 (2) KLR 40

11.0 Remedies of the Buyer
(1) Rejection of the Goods.
(a) Copalds Chagan Siraj v Like Thomas 7 Co. LTD (1961) EA 29
(b) Livio Carli v Salen Homahed Boshanfer (1959) EA 701
(c) Jiwan Singh v Rugnath Jeram (145) 12 EACA 21
(d) Pan African Trading Agency v Chande Bros Ltd (1951) 19 EACA
(e) Mussa Hassan v Hunt (1964) EA 201
(f) Livin Carli v Geom R zompichaita (1961) EA 100
(g) Kampala General Agency v Mody’s (1963) EA 549
(h) Panaser v Popat (1968) EA 17

(2) Loss of Right to reject goods
(a) The iron and Steel Work v Martyr 7 ULR 146
(b) Norman v Overseas Transport 91959) EA 131
(c) N.V. African Handlers Ass v Kanji (1923) 9 KLR 196
(d) Uttamchard & Co. Ltd v F.J. Hawkes & Co. Ltd 91955) EA 197
(e) N. Murji v A.C.D. (1955) 22 EACA 294
(f) R. Kishen v Leyland 5 EAPLR 159
(g) Hardy & Cp. V. Hillems (1923) 2 KB 490
(h) Rosenthal & Sons Ltd v Esmail (1965) 2 ALL ER 860
(i) Popular Hardware’s Ltd v Electro Craft Ltd HCCS 5210/1976

(3) Action for non- delivery

(4) Specific performance
Isaac Bishari v Vitafoam [1994] VI KALR 180

Read more

Labour Law I Historiy, Labour Union Laws & Employment Contracts Course outline.

Labour Law I Historiy, Labour Union Laws & Employment Contracts Course outline.

Thursday, May 15, 2014

Institution: Uganda Christian University
Faculty: Faculty of Law
Programme: Bachelor of Laws
A Course of Study: Labour Law I

COURSE DESCRIPTION:
The course covers the following major topics:
• Historical foundations of Labour and Trade Union Laws,
• Contemporary Labour Union Laws, and
• Employment Contracts.

The course content is divided into two major parts, namely: The History of Trade Unions Law and Contemporary Labour Unions Law and Employment Law.

COURSE OBJECTIVES:
At the end of this study, students should be able to:
• Have a fair understanding of the historical foundations of the different aspects of labour law,
• Discuss emerging trends, challenges, and also propose solutions to labour unions-related matters, and
• Understand and identify:
(a) the formalities of employment contracts,
(b) the rights, duties and remedies available to parties under a contract of employment, and
(c) Labour Unionism and related issues.

CONTACT HOURS AND COURSE DELIVERY
(1) Lectures for this course-unit will be conducted twice a week, one two-hour class for History and Labour Unions Law and another class for Employment law, supported by a two-hour tutorial class.
(2) The total contact hours for the course will be six hours per week. Each student is required to attend 90% of all the classes throughout the semester to qualify to sit the end of semester exam.
(3) Classes will employ various methods of instruction, from discussions, to assigned readings, lectures, individual research, student presentations among others.
(4) The course is informed by biblical concepts of labour justice and equity.

COURSEWORK AND EXAMINATION:
There shall be a course-work assignment during the semester worth 30% of the total examination mark. At the end of the semester, students shall sit an examination worth 70% of the total mark.

PRIMARY READING MATERIALS
(Please note that the following reading list is not in any way exhaustive of the sources and materials for Labour Law. Other materials may be referred to in the course of study and students are also encouraged to do further reading on their own).

Books and other Sources
1. Aaron, B. et al (1972):- Industrial Conflict; A Comprehensive Legal Survey, London
2. Angeret, S: - Trade Union Law in Uganda, 1998; Principles and Cases on the Termination of the Contract of Employment, 1998;
3. Barya, B.J.J: - Law, State and Working Class Organisation in Uganda 1962-1987, PhD Dissertation, Warwick. 1990; Workers and the Law in Uganda, CBR Working Paper No. 17, 1991; Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001; A Comparative Analysis of Labour Law Decisions in Uganda's Judicial System (1985-2002), ILO-SLARE (Strengthening Labour Relations in East Africa) Report, 2002; 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4
4. Drake, C. D. (1973):- Labour Law. Concise College Texts, Sweet & Maxwell London.
5. Kahn-Freund, O.:- (1977) Labour and the Law, 2nd Edition, Stevens & Sons, London.
6. Nyalali, F. L.:- (1975) Aspects of Industrial Conflicts, East African Literature Bureau, Kampala.
7. Rideout, R.W.:- (1989) Rideout’s Principles of Labour Law, 5th edition, Sweet & Maxwell London.
8. Scott, R:- The Development of Trade Unions in Uganda, 1966, EAPH, Nairobi
9. Shivji, I.G:- Law, State and the Working Class in Tanzania, 1986, James Currey, London; TPH, Dar-es-Salaam; Heinemann, Portsmouth, N.Y.
10. Slade E (Ed):- (2007) Tolley’s employment Handbook, 21st Edn, Butterworths, London
11. Selwyn, N. M.:- (2006) Selwyn’s Law of Employment, 14th Edn, Oxford University Press, NY.
12. Wedderburn, K.W.:- The Worker and the Law 1971, 1987 Penguin,London and 1986, 3rd Edition; (1967) Cases and Materials on Labour Law, Cambridge University Press, London

Statutes, Statutory Instruments and other Sources of Law
1. The Constitution of the Republic of Uganda 1967 and 1995
2. The Labour Unions Act, 2006, Act No. 7 of 2006
3. The Labour Unions Regulations (SI 36/2006)
4. The Minimum Wages Advisory Boards and Wages Councils Act, Cap 221
5. The Employment Act, 2006, Act No. 6/2006
6. The Employment Regulations (SI 33/2006)
7. The International Labour Organization (ILO) Conventions and Recommendations (www.ilo.org)

PART A WEEKLY SCHEDULE

Week 1: Course Introduction
Description: Introduce the course instructors, explain the course syllabus, and discuss students' and instructors' expectations

Weeks 2 – 4: Historical Introduction
Description: This section deals with the historical origin of the various aspects of Labour Law, especially 19th century Britain.
Reading Materials
1. Barya B.J.J (1990) Caps II-V
2. Scott R.
3. Shivji I.G.
4. Wedderburn. K.W.

Session 1: Influences of Modern Labour Law

Session 2: The British Roots of Labour Law: The Combination statutes
Reading Materials:
R v Mawbey (1796)6 T.R. 619

Session 3: Repeal of Combination statutes
Reading Materials:
Walsby v Anley (1861)3 E & E 516
R v Duffield (1851)5 Cox 404

Session 4: Common Law – Civil Status of Trade Unions
Reading Materials:
Hornby v Close (1867) L.R. 2Q.R. 153
R v Bunn (1872)12 Cox 316
Curran v Treleaven [1891]2 Q.B 545
Lyons v Wilkins [1899]1 Ch. 255, [1896]1 Ch. 811
Quinn v Leathem [1901] A.C. 495

Session 5: Liability of Trade Unions as Organisations
Reading Materials:
Taffvale Railway Co. v Amalgamated Society of Railway Servants [1901] A.C. 426

Session 6: Political Activity by Trade Unions
Reading Materials:
1. Steele v South Wales Miners Federation [1907]1 KB 361
2. Amalgamated Society of Railway Servants v Osborne [1910] A.C. 87

Weeks 5 – 6: The History of Trade Union Law in Uganda
Description: This section traces the history of trade union law in Uganda through the colonial and post-colonial period up the present day.
Reading Materials
1. Angeret, Trade Union Law in Uganda, 1998
2. Barya B.J.J., Law, State and Working Class Organisation in Uganda 1962-1987, PhD Dissertation, Warwick. 1990
3. Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991
4. Barya B.J.J., Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001

Session 1: Development of Wage Labour in Uganda
Reading Materials:
Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991

Session 2: The first trade union laws in Uganda
Reading Materials:
1. The 1937 Trade Union Ordinance
2. 1943 Trade Unions and Trade Disputes Ordinance
3. 1952 Trade Unions Ordinance
4. Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991

Session 3: Postcolonial Trade union Law Developments
Reading Materials:
1. Public Service (Negotiating Machinery) Act No. 78 of 1963
2. Trade Unions Act No.11 of 1965
3. Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991
4. Barya B.J.J., Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001

Session 4: The 1970 Trade Unions Act
Reading Materials:
1. The Trade Unions Act No. 40 of 1970
2. The Common Man's Charter
3. The Nakivubo Pronouncement
4. Communication from the Chair
5. The Trade Union Act Amendment Decree No. 10 of 1971
6. The Trade Union Act Amendment Decree No. 29 of 1973
7. The Trade Union Decree No. 20 of 1976
8. The Trade Union Laws (Miscellaneous Amendment) Statute No. 10 of 1993
9. Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991
10. Barya B.J.J., Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001

Weeks 7 – 10: Contemporary Labour Unions Law in Uganda
Description: This section looks at the key aspects of the current labour unions law in Uganda.
Reading Materials
1. Constitution of Uganda, 1995, Article 29 and 40
2. The Labour Unions Act No.7/2006
3. The Trade Union Regulations
4. Labour Disputes (Arbitration & settlement) Act, 2006
5. ILO Conventions No. 87, 98, 135, 141, 151, 154
6. ILO Recommendations No. 143, 149, 159
7. ILO: Freedom of Association and Collective Bargaining, 1994
8. Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4
Session 1: International Protection of Labour Unions: ILO Conventions No. 87 and 98
Reading Materials:
1. ILO Convention No. 87
2. ILO Conventions No. 98
3. International Covenant on Economic Social and Cultural Rights,
4. Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 2: Freedom of Association under Current National Laws
Reading Materials:
The 1995 Constitution, Articles 29 (1) (e) and 40 (3)
2006 Labour Unions Act
Labour Disputes (Arbitration and Settlement) Act 2006
Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act No. 10 of 2008
Dr. S. Lyomoki & Ors V. the Attorney General, Constitutional Petition No. 8/2004
Ateker Ejalu v. Uganda Railways Workers Union and Uganda Railways Corporation; Civil Appeal No. 8 of 1985; [1994] KALR 51.
Omara Okot Yokana Daudi v. NOTU & Suplisius Okolimong, HCCS No. 728/1985
Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 3: Management of Unions
Reading Materials:
2006 Labour Unions Act
Trade Unions Regulations, Statutory Instrument No 223/1
Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 4: Public Service Unions
Reading Materials:
2006 Labour Unions Act
Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act No. 10 of 2008
Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 5: Collective Bargaining
Reading Materials:
The 1995 Constitution, Article 40 (3)
ILO Convention No. 98
2006 Labour Unions Act
Labour Disputes (Arbitration and Settlement) Act
Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 6: Nature of Labour Unions in Uganda today.
Reading Materials:
Barya B.J.J., 2007: Freedom of Association and Uganda's New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

PART B WEEKLY SCHEDULE

Week 1: Introduction to the Employment Contract
Description: A general introduction to the idea of employment contracts.
Reading List:
1. The Employment Act, No. 6/2006
2. The Employment Regulations
3. The Labour Disputes (Arbitration & Settlement) Act No. 8/2006
4. Angeret S., (1998) Principles and Cases on the termination of the contract of Employment
5. Barya B. J.J, (1991)Workers & the Law in Uganda, CBR Working Paper No. 17
6. Selwyn, Caps 2, 8-10
7. Wedderburn. K.W. (I) Caps 2 and 3 (II) Caps 1 and 2
8. Drake, Caps 1-4
9. Rideout, Caps 1 – 9

Week 2-3: Contracts of service
Description: Learning how to differentiate a contract of service from a contract for services.
Reading List:
1. Section 2, Employment Act
2. Market Investigations Ltd v Minister of Social Security [1969]2 WLR 1/(1969)2 QB 173
3. Davis v Presbyterian Church (1986) 1 WLR 323
4. Yewens v Noakes (1880)6 QBD 530
5. Rocks v Kelly
6. Mersey Docks and Habour Board v Coggins and Griffiths (1947) AC 1
7. Nicholas v FJ Sparke and Sons91945) KB 309
8. Honey Will and Stein Ltd v Larkin Brothers Ltd (1934) KL 191
9. Performing Rights Society Ltd v Mitchell and Booker [1924]1 KB 762
10. Morren v Swinton & Pendlebury (1965) 1 WLR 576
11. Gold v Essex County (1942) 2 KB 293
12. Cassidy v Ministry of Health (1951)2 KB 343
13. Argent v Minister of Social Security and anor (1968) 1 WLR 1749
14. WHPT Housing Association Ltd v Sec of State for Social Services (1981) 1 CR 737
15. Stevenson, Johnson and Harrison Ltd v McDonald & Evans [1952]1 T.L.R 101
16. Lee Ming in re Sunday Tribune Ltd (1984) 1 WLR 505
17. Ready Mixed Concrete(South East) Ltd v Minister of Pensions [1968]2 QB
18. Massey v Crown Life Insurance Ltd [1978] 1 WLR 676
19. Warner Holidays Ltd v Sec of State for Social Services (1953)1 CR 440
20. Young and Woods v West (1980) 1 WLR 201
21. McDermott v Loy
22. Coincidedeal Bhain v Mooney (1990) WLR 422
23. Bank Voor Handel en Scheepvaart NV v Slatford [1953]1 QB248

Week 4: Express Terms
Description: Both the employer and the employee in their written agreement of employment outline the terms and conditions of the contract. How these are interpreted and the requirement at law for specific terms to be made express is considered in this session.
Reading List:
Section 59, Employment Act
Systems Floors (UK) Ltd v Daniel (1982) 1 CR 54

Week 5: Terms implied by common law
Description: Besides express terms of employment contracts, some terms are implied by common law. These shall be considered in this session.
Reading List:
1. Skiilaw v Southern Foundries (1926) Ltd [1939]2 KB 206
2. B.P Refinery (Western Port) Pty Ltd v Shire of Hastings (1978) 52 A.J. LR 20
3. Devonald v Rosser & Sons [1906] 2 KB 728
4. Meek v Port of London Authority (1918) 1 Ch 415
5. Orman v Saville Sportswear Ltd [1960] 1 WLR 1055
6. Reigate v Union Manufacturing Co. Ltd (1916) 1 KB 582
7. Harley v Pease & Partners Ltd (1915) 1 KB 698
8. Browning v Crumlin Valley Collieres Ltd (1926) 1 KB 522
9. Donald v Rosser & Son
10. Cresswell v Sawdon & Co. (1901) 2 KB 653
11. Re: Rubel Bronze and Metal Co. (1918)1 KB 315
12. Turner v Sawdon & Co. (1901) 2 KB 653
13. Clayton & Walker Ltd v Oliver (1930) AC 209
14. Manbe v George Edwards (Day's Theatre) Ltd (1928)1 KB
15. Harmer v Cornelius (1958) 5 CB (NS) 26
16. Lister v Romford Ice and Cold Storage Ltd (1957) AC 555
17. Paris v Stepney Borough Council (1951)AC 367
18. Ottoman Bank v Chakarian [1930]AC 277
19. Johnstone v Bloomesbury Health Authority (1991)2 WLR 1362
20. Cresswell v Board of Inland Revenue (1984) ICR 508
21. Secretary of State for Employment v ASLEF (1972) 2 QB 455
22. Hivac Ltd v Park Royal Scientific Inst)ruments Ltd [1946] Ch 169
23. Sybron Coorporation v Rochem (1984)1 Ch 112 / (1983) IRLR 253
24. Bell v Lever Bros [1932] AC 161
25. Reading v AG [1951] AC 507
26. Marshall v Industrial System and Control Ltd (1992) 1 WLR 294
27. Wessex Diaries Ltd v Smith (1935)2 KB 80
28. Swain v West (Butchers) Ltd[1936] 3 ALL ER 261
29. Robb v Green [1895]2 QB 315
30. Turner v Vivian (1873) 37 J.P. 228
31. National Trading Co-op v Kityo

Week 6: Other terms
Description: Some terms of employment contracts are not express nor implied at common law, but implied by various laws. These shall be looked at in this session.
Reading List:
1. Employment Act
2. Workers Compensation Act
3. Employment Regulations
4. National Social Security Act
5. Labour Unions Act
6. Prof. S Huq v Islamic University in Uganda, Appeal No. 47/1995
7. Dr. Sam Lyomoki and5 others v Attorney General (2005)2 EA 127
8. Car and General v Bholmi

Week 7: Modes of Termination of Employment
Description: Contracts of employment can be terminated in various ways. This session will introduce students to these various ways.
Reading List:
1. Birch and Humber v The University of Liverpool (1985) IRLR 165
2. Bank of Uganda v Fred William Masaba and 5 others Civil Appeal No 3 of 1998
3. Nuwemuguzi v National Water and Sewerage Corporation Civil Appeal No 26 of 1993
4. Bliss v South East Thames Regional Health Authority (1987)1 CR 700
5. Rigby v Ferodo Ltd (1988) 1 CR 29
6. London Transport Executive v Clarke (1981) 1 CR 355
7. Dans Contractors Ltd v Fareham D.C (1956) AC 696
8. Williams v Watson Luxury Coaches Ltd (1990) IRLR 164
9. Taylor v Caldwell (1863)3 QB 866
10. Poussard v Spiers (1876) 1 QB 410
11. Morgan v Manser (1948)1 KB 184
12. F.C Shepherd & Co. v Jerrom (1987) 1 QB 301

Week 8: Termination of the contract of employment under common law
Description: The class will consider the various modes of termination of the contract of employment established under common law.
Reading List:
1. Employment Act
2. A.M Jabi v Municipal Council [1975] HCB 191
3. Ridge v Baldwin
4. Bholmi v Car and General
5. Cyril Leonard & Co. v Sinio Securities Trust and Boston Deep Sea Fishing Co
6. Nuwemuguzi v National Water and Sewerage Corporation Civil Appeal No 26 of 1993
7. Grundy v Sun Printing and Publishing Association [1916]33 TLR 77
8. Adams v Union Cinemas Ltd [1939]3 All ER 136
9. Bauman v Houlton Press Ltd [1952]2 All ER 1121
10. Nicholls v Falcon Airways Ltd [1962] Lloyds 245
11. Hill v CA Parsons & Co. Ltd [1972] Ch 305 [1971]3 All ER 1345
12. McDonnel v Ministry of Education [1940]IR 316
13. Riordan v War Office [1959]3 All ER 552
14. Brennan V c. Lindley & co. limited [1874] IRLR 153
15. Harris & Russell Ltd [1973] 3 All ER 31
16. Mowlem Northern Ltd v Watson [1990] ICR 751
17. East African Airways v Knight [1975] EA 165
18. Barclays Bank v Mubiru
19. Ushillini Gullbhai v Kampala Pharmaceuticals

Week 9: Termination by Notice
Description: The class will explore the antecedents of terminating an employment contract by notice.
Reading List:
1. Employment Act
2. ILO: Protection against Unjustified dismissal, 1995
3. ILO Convention 158
4. ILO Recommendation 166
5. Lulume v C.M.B [1970] E.A 155
6. Wakiro & Anor v Committee of Bugisu Cooperative Union [1968] EA 523
7. A.M Jabi v Municipal Council [1975] HCB 191
8. E Ngiro v Dunlop E Africa (1977) HCB 333
9. Konig v Karanje Naranjel Propoerties [1968]EA 223
10. London Transport Executive v Clarke
11. Wakiro v Committee of Bigusi Cooperative Union [1968] EA 523
12. Lulume v Coffee Marketing Board

Week 10: Other forms of Termination
Description: The class will consider all the other forms of termination of an employment contract in addition to those already covered.
Reading List:
1. Barclays Bank of Uganda v Godfrey Mubiru Civ. App 1 of 1998
2. Niwemugizi v National Water & Sewerage Cooporation SCCA No 26/1993
3. Pepper v Webb [1969] I WLR 514
4. Grover v B.L.N. Ltd [1973] IR 388
5. Carvill v Irish Industrial Bank [1968] IR 325
6. Laws v London Chronicle Ltd [1959] 1 WLR 698
7. Simon v Hover [1977] ICR 61
8. Sinclair v Neighbour [1976]
9. Clouston & Co. Ltd v Corry [1906] AC 122
10. Boston Deep Sea Fishing and Coco v Ansell [1888]
11. Jupiter General Insurance Co. Ltd v Shroff [1937] 3 All ER 67
12. Blyth v Scottish Liberal Club [1983] IRLR
13. Konig v Karanjee Naranjee properties [1968] EA 223
14. Bervani Harris v Gair [1981] IRLR 520
Source: http://uculawcourses.blogspot.com/

Read more

Intellectual Property I Introduction to I.P and Industrial Property Law

Intellectual Property I Introduction to I.P and Industrial Property Law

Wednesday, March 12, 2014

This module offers an introduction into aspects of law and policy relating to Intellectual Property, but more particularly, Patents. Intellectual Property provides a vital, though not the only, means of protecting and regulating the use of intangible assets comprising knowledge and information. As these assets have assumed increasing commercial significance, issues associated with the further fostering of innovation; protection; exploitation and use of intellectual property, particularly patents in that regard, have come to the forefront of recent developments in the global economy. Other emerging areas related to Intellectual Property and the Patent system which are addressed include issues of biotechnology and traditional medicine.

2. Course objectives
This module has the following objectives:
•    To expose students to the development and contemporary significance of intellectual property in the context of international economic activity as seen in the perspective of Patent rights, Biotechnology and Traditional Medicine.
•    To enable students to appreciate the principles of Intellectual Property Law and Policy; and
•    To introduce students to the legal and regulatory problems associated with contemporary developments in technology and commercial practice (such as, patenting of biotechnological ‘inventions’, legal protection of software and databases, ‘parallel trade’ in goods, and enforcement of intellectual property rights as well as rights associated with Traditional medicine).

3. Required readings
This module is organized around reading materials prepared specifically by the module teachers. As such, there is no single recommended textbook for this module. However, the following materials, which are available in the UCU Library, provide some coverage of the main issues addressed in the module:
       Texts:
-    D. Bainbridge (2010), Intellectual Property, 8th Edition.
-    Li Westerlund, (2001), Biotechnology Patents: Equivalency & Exclusions under the European & U.S. Patent Law
-    W.R. Cornish, Cases & Materials on Intellectual Property, 5th Edition.

Legislation, related material & Agreements:
-    The Industrial Property Act, 2013 and Patent Regulations S.I 216-1
-    The Swakopmund Protocol on the Protection of Traditional Knowledge and the Expressions of Folklore
-    The Paris Convention for the Protection of Industrial property, Article 5A [Available at WTO website – see link below]
-    TRIPS Agreement, special reference to articles 6, 7, 8, 27. 30 and 31 [Available at WTO website – see below]
-    Doha Declaration on the TRIPS Agreement and Public Health, 14th November 2001 [Available at WTO website].
-    A number of other relevant material will be highlighted and referred to in the course of the Semester.

Note: Students may also find it helpful to begin by studying the WIPO Intellectual Property Handbook: Policy Law and Use, WIPO Publication No. 489(E) (WIPO, Geneva), which is freely available online at the WIPO website: http://www.wipo.org/news/en/index.html?wipo_content_frame=/news/en/documents.html.

4. Course Content
4.1 Course outline and Content Description
Part A: Introduction:
This provides a brief introduction to theoretical and practical aspects of Intellectual Property systems. It examines the following:
-    Nature of Intellectual property rights,
-    Cross-cutting themes,
-    Practical considerations,
-    Commercial Exploitation of I.P,
-    Framework for description of rights (Patents, Plant Variety Rights, Trademarks and Design Rights, Trade Secrets, Geographical Indications, Copyrights & Neighboring Rights, Traditional Knowledge and Folklore (T.C.Es) and other allied rights).

Part B: In a generalized perspective, this part uses case law, scholarly articles, International agreements and specific legislations to review the administration and developmental significance of Patent rights Biotechnology and Traditional Knowledge.  The Patent system has played an important, yet controversial role in the international diffusion and exploitation of technology. This part of the module, therefore, examines structural and functional aspects of the national patent system alongside various forms of international collaboration in the field of patent law. Particular emphasis is placed on the historical development and contemporary significance of the Paris Convention for the Protection of Industrial Property, together with attempts at its reform. The Patent protection provisions of the TRIPS Agreement will also be examined in detail. This also includes case studies dealing with international patent protection, including protection for pharmaceutical products, international intellectual property protection of plant genetic resources, and the rights of indigenous people under Traditional Knowledge and Genetic Resources.

1.    Patents and Utility Models
Patent law- Background & Basic Principles.
Ref(s) (see citations above): Bainbridge; Cornish; for free access to British and Irish case law on I.P, see URL: http://www.bailii.org/uk/cases/UKIntelIP and http://www.bailii.org/ew/cases/EWHC/Patents ) 

Introduction:
Young v Rosenthal [1884] 1 RPC 29
Hickton’s Patent Syndicate v Patents & Machine Improvements Co. [1909] 26 RPC

Brief Historical Perspective:
Darcy v Allin [1602] Co Rep 84b
Lairdet’s Patent, [1773] 1 WPC 52

Justification for Patent Rights:
In Re: Patent Application by CFPH LLC [2005] EWHC 1589
Chiron Corporation v Organon Teknka Ltd [1995] FSR 325
Sec. 21(1) Industrial Property Act, 2013
Regln. 17, 18, 21, 22, Patent Regulations SI 216-1

Practical Considerations:
Priority date, Specifications and Claims:
Sec. 10 (2), Industrial Properties Act, 2013
Sanitam Services (E.A) Ltd v Rentokil (K) Ltd & Anor [2006] eKLR
Sanitam Services (E.A) Ltd v Rentokil (K) Ltd & Anor [2010] eKLR
In the matter of Abaco Machines (Australasia) Pty Ltd’s Application [2007] EWHC 347 (Pat)
Biogen Inc v Medeva Plc. [1997] RPC
AEA Technology PLC v. Peter Read [1999] UKIntelIP o03699
Glaverbel SA v British Coal Corp [1995] RPC 255

Sec. 21(1)(c) and (1)(e)Industrial Properties Act, 2013
Regn., 19, 21, 22 Patent Regulations SI 216-1

Requirements for patentability and ownership of patents:
Introduction & Basic Requirements:
Apex Creative Ltd & Anor v Kartasi Industries Ltd [2011] eKLR
Faulu Kenya Deposit Taking Microfinance Ltd v Safaricom Ltd [2012] eKLR
Hydra-Ject Services UK Ltd & Anor. V. Eric James (Patent) [2004] UKIntelIP 020604
Biogen Inc v Medeva plc [1995] RPC 25

Part III Industrial Properties Act, 2013. See Sections 8-10

Novelty:
Sec. 10(1) Industrial Properties Act, 2013
Windsurfing International Inc v Tabur Marine [1985] RPC 59
General Tire & Rubber Co v Firestone Tyre & Rubber Co Ltd [1972] RPC 457
Union Carbide Corp v BP Chemicals Ltd [1998] RPC 1
Lux Traffic Controls Ltd v Pike Signals Ltd [1993] RPC 107

Inventive step:
In Re: Patent Application by Cecil Lloyd Crawford [2005] EWHC 2417
British Leyland Motor Corporation Ltd v. Armstrong Patents Co. Ltd [1986] AC 577
Biogen Inc v Medeva plc [1997] RPC 1
Petra Fischer’s Application [1997] RPC 899
Molnlyke AB v Proctor Gamble (No. 5) [1994] RPC 49

Tests for inventive step:
Theresia M. Benker v. The Comptroller General of Patents [2011] EWHC 3604
Windsurfing International Inc v Tabur Marine [1985] RPC 59 at 73

Inventiveness/Non-Obviousness:
Sec. 11(1) Industrial Properties Act, 2013
BASF AG v. Smith Kline Beecham Plc [2002] EWHC 1373 (Patents)

Industrial application:
Sec. 12(1) Industrial Properties Act, 2013
Chiron Corp v Murex Diagnostics Ltd [1996] RPC 535
Chiron Corp. v Organon Teknika Ltd (No. 3) [1994] FSR 202
Hiller’s Application [1969] RPC 267

Exclusion from Patentability:
See: Section 8(3) Industrial Properties Act, 2013
A discovery, scientific theory or mathematical method
Citibank v Comptroller [2006] EWHC 1676
Chiron Corp. v Organon Teknika Ltd (No. 3) [1994] FSR 202
Genetech’s Patent [1987] RPC 553
Gales Application [1991] RPC 305

A scheme, rule or method for performing any mental act, playing a game or doing business, or a program for a computer
Autonomy Corporation Ltd v. The Comptroller General [2008] EWHC 1640
Re Gale’s Patent Application [1991] RPC 305
Fujitsu Ltd’s Application [1997] RPC 608

Mode of storage:
Genver’s Application [1970] RPC 91
Burrough’s Corporation (Perkin’s) Application [1974] RPC 147

Mental steps doctrine:
Raytheon Co’s Application [1993] RPC 427
Fujitsu Ltd’s Application [1997] RPC 608

Exclusions:
Sec. 13 of the Industrial Properties Act, 2013
Genetic Engineering
Onco-Mouse/Harvard [1990] EPOR 4 and [1990] EPOR 501
Ownership & Dealings in Patents
Proprietorship:
Sec. 38, 42, 43 & 46. Industrial Properties Act, 2013

Michael B. Fraser et al v. Oystertec Plc et al [2003] EWHC 2787
Goddin and Rennies Application [1996] RPC 141
Henry’s Brothers Ltd v The Ministry of Defense [1997] RPC 693

Employee inventors:
Charles Parsons v. Patent Letters [1898] AC 673
Eloctrolux Ltd v Hudson [1977] FSR 312
Greater Glasgow Health Board’s Application [1996] RPC 207

Dealing in patents:
Sec. 39, Industrial Properties Act, 2013
Baxter Int. Inc   v Nederlands Produktielaboratium [1998] RPC 250
Coflexip Stena Offshore Ltd’s Patent [1997] 179
Insituform Technical Services Ltd v Inliner UK Plc [1992] RPC 83
Beecham Group Ltd. v. International Products Ltd. & Anor [1968] E.A 396   

Compulsory license:
Sec. 43, 44, 58 Industrial Properties Act. 2013
Research Corporation’s (Carboplatin) Patent [1990] RPC 663
EC Commission v United Kingdom [1993] FSR 1
Richco Plastic Co’s Patent [1989] RPC 722

Terms of license as of right or compulsory license:
Sec. 50, Industrial Properties Act, 2013
British Technology Group v. Boehringer Mannheim Corporation [2000] EWHC Patents 148
Smith Kline & French Laboratories Ltd (Cimetidine) Patents [1990] RPC 203
American Cynamid Co’s (Fenbufen) Patent [1990] RPC

Use by the State:
Sec. 66, Industrial Properties Act 2013
Dory v Sheffield Health Authority [1991] FSR 221
Brittany Hayes: Innovation & Infringement: The Wright Brothers, Glenn H. Curtiss, and the Aviation Patent Wars

Industrial Designs/Utility Models:
Secs. 2, 68, 69, 70, 71, 72, 73, 75, 80 of Industrial Properties Act, 2013
Safepak Ltd v Power Plast Industries Ltd [2014] eKLR
Safepak Ltd v Asili Plastics Ltd [2013] eKLR

Patents – Infringement, Defenses and Remedies
Infringement:
Sec. 92, 93, 94, Industrial Properties Act, 2013
Hadley Industries Plc v. Metal Sections Ltd et al [1998] EWHC Patents 284
Adwest Engine Controls Ltd & Anor v. Tavismanor Ltd [1997] EWHC Patents 353
Pioneer Electronics Inc v Warner Manufacturing Europe GmbH [1995] RPC 487

Interpretation of claims:
Rodi & Wienenberger AG v Henry Showell Ltd [1969] RPC 367
Van der Lely NV v Bamfords [1963] RPC 61
Catnic components Ltd v Hill & Smith Ltd [1982] RPC 183
PLG Research Ltd v Avardon International Ltd [1995] FSR 116

Equivalence:
Rodi & Wienberger AG v Henry Showell Ltd [1969] RPC 365
Epilady patent [1991] RPC 597
Improver Corp v Raymond Industries Ltd [1991] FSR 223

Evidence:
Sanitam Services (EA) Ltd v Tamia Ltd & 16 Ors [2012] eKLR
Morris v London Iron & Steel Co. [1987] All ER 496
Imperial Chemical Industries v Montedison (UK) Ltd [1995] RPC 449

Defenses:
Sanitam Services Ltd v Bins (Nairobi) Services Ltd [2008] eKLR
Auchincloss v Agricultural & Veterinary Supplies Ltd [1997] RPC 649
Solar Thomson Engineering Co Ltd v Barton [1997] RPC
Microbeads AC v Vinburst Road Markings Ltd [1975] 1 All ER 529

Remedies:
Sec. 93, Industrial Properties Act, 2013
Crossley v The Derby Gas Light Co. [1834] 4 LT Ch. 25
Union Carbide Corp v BP Chemicals Ltd [1998] FSR 1
Genetics BV Smith Kline & French Laboratories Ltd [1997] RPC 801
Shelfer v City of London Electric Lighting Co. [1895] 1 Ch 287
American Cynamid Co v Ethicon Ltd [1975] AC 396
Assessment of damages:
General Tire & Rubber Co v Firestone Tyre & Rubber Co Ltd [1975] 2 All ER 173
Gerber Garments Technology Inc v Lectra Systems Ltd [1995] RPC 383
South Australia Asset Management Corp v York Montague [1996] 3 WLR 87

Patent rights vis-à-vis Right to Health:
P.A.O & 2 Others v Attorney General [2012] eKLR

5. Extra Reading Materials:
- M. Boldrin & D. K. Levine: Open Source Software: Who needs Intellectual property? Jan. 2007, Vol. 57, Issue No. 1
- Case study on Turmeric: The Centre for scientific and Industrial Research of India filed a re-examination request with the US Patent and Trademark Office, seeking revocation of a 1994 patent issued to the University of Mississippi.

6.     Weekly Schedule:
1    Course Introduction & Introductory aspects of Intellectual Property law.    D., Bainbridge: Intellectual Property law.
    Bainbridge pp. 3 - 25
2    Patent law: Background, basic principles & practical aspects.    Bainbridge (pp. 377-388)
Sec(s): 21, Regulations 17, 18, 19, 21, 22.     Cases on Introduction; historical perspective; and Justification for Patent Rights.
3    Requirements for Patentability & ownership of patents.    Bainbridge (pp. 412-470).
Part III, Industrial Properties Act    Cases on priority date, specifications and claims; Requirements for patentability & ownership of patents.
4    Ownership: Dealing with Patents.    Bainbridge (pp. 473-490). Sections 10 – 12 of the Industrial Properties Act.    Cases on novelty; Inventive Step; Tests for Inventive step; Non-obviousness & Industrial application.
5    Exclusion from Patentability.    Sec.8 (3) of the Industrial Properties Act.    Cases on discovery & scientific methods; scheme or method, or computer program; mode of storage; mental steps doctrine.
6    Exclusions, Ownership & Dealing in Patents.    Sec. 13, 38, 39, 42, 43 & 46 of the Industrial Properties Act    Cases on Genetic Engineering; Proprietorship; Employee inventors, Dealing in patents.
7    Exclusions (Continued).    Sec. 43, 44, 50, 58 & 66 of the Industrial Properties Act    Cases on compulsory license; terms of license; use by the state.
8    Infringement.    Bainbridge (pp.492-524 and pp. 545-561). Sec. 2, 68, 69, 70, 71, 72, 73, 75, 80, 92, 93, 94 of the Act.    Cases on Industrial designs; patent infringement, & Interpretation of claims.
9    Infringement (Continued).    Bainbridge (pp. 492-524)    Cases on Doctrine of Equivalence; Evidence.
10    Infringement – Defenses & remedies.    Bainbridge (pp. 492-524)
Sec. 93 of the Act.    Cases on Defenses and remedies.
11    Infringement – claim for damages; Right to Health issues. Slot for Guest Speaker.        Cases on assessment of damages; Patent rights vis-à-vis right to health.
12    Re-cap: Moot Court competition.        Revision of previous weeks.

6.1    Assignment explanations/Methodology
Teaching methods:
You are required to read ahead of every class meeting following the schedule in the course content for texts and cases. Lessons will be conducted using the Socratic Method. Students will be called upon at random to explain judicial decisions from cases on any topic that will be under discussion. Students are also advised to be up to date with the day to day events surrounding Intellectual Property law and policy as covered outside of the classroom environment, inclusive of media coverage.

Use of guest speakers: Guest Speakers will also be invited to share experiences in day to day handling of Copyright issues.

Moot Court Competition: In the latter part of the semester, students will be given an utopian problem question to address. Different students will then be selected to address the problem through a moot court competition, of which the class will be the Judge.

7. Assessment criteria
The assessment for the course will follow the following criteria:
-    Coursework which will consist of one take-home essay carrying 30% of the total exam mark. The take-home essay comprises of a research paper of not more than 2500 words. Students must submit their research topics to the Lecturer by the end of the first quarter of the semester (not later than 29th September 2014) for approval. Following approval, the research paper will be undertaken from the 21st of October 2014 and submitted on the 28th of October 2014. The Lecturer reserves the right to reject a paper topic that he has not seen in advance, as well as to reject assessment of a research paper that is submitted beyond the given deadline.
-    Further assessment is based on class participation basing on advanced reading of cases and reference materials, as well as attendance.
-    The essay assignment should include a title page, an Introduction, a Conclusion and a List of References or Bibliography indicating the author, title of book or Publication, the publisher and the year it was published. References in the main body of the essay should be presented in accepted English academic style (for guidance, see Glanville Williams: Learning the Law).
-    Plagiarism or any form of cheating will be heavily penalized.
-    The final exam at the end of the semester will be open book and will consist of six questions out of which candidates will be required to answer three to be marked out of 70%.

8. Faith in teaching
Intellectual Property Rights are fully integrated in Biblical teaching. Various scriptures give an indication of God’s gift of Intellectual property and blessings of innovation towards man, as evidenced below:
-    Exodus 4:2 and Deuteronomy 28:12, illustrate God’s guidance and blessings towards man’s innovation.
-    Philippians 4: 13, shows that all of man-kind has the power and ability to create Intellectual Property.
-    Philippians 4: 19, shows that there is an abundance of Intellectual Property waiting to be realized through God’s gift of innovation.
-    Psalms 139: 14, shows that each and every creation is God’s unique Intellectual Property.

9. Selected Bibliography
There is substantial literature dealing with intellectual property law and policy within the realm of Patent law. Besides the aforementioned text material, the following is a selection of some of the relevant works:
-    F. Abbott, T. Cottier and F. Gurry (1999) The International Intellectual Property System: Commentary and Materials (Kluwer, London)
-    M. Blakeney (1996) Trade Related Aspects of Intellectual Property Rights: A concise guide to the TRIPS Agreement (Sweet & Maxwell)
-    W.R. Cornish (1999) Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights, 4th Ed. (Sweet & Maxwell, London)
-    P. Drahos (1996) A Philosophy of Intellectual Property (Dartmouth, Aldershot)
-    P. Drahos (ed)(1999) Intellectual Property (Dartmouth, Aldershot)
-    Vivas-Eugui David, Bridging the Gap on Intellectual property and Genetic Resources in WIPO’s Intergovernmental Committee (IGC), International Centre for Trade and Sustainable Development, Issue Paper No. 34 (January 2012), ICTSD Programme on innovation, Technology and Intellectual Property, Switzerland. 
-    Report of the Commission on Intellectual Property Rights: Integrating Intellectual Property Rights and Development Policy; London, September 2002 See: www.iprcommission.org/papers/pdfs/final_report/ciprfullfinal.pdf

Read more

Intellectual property - Counterfeits and The ACTA negotiations

Intellectual property - Counterfeits and The ACTA negotiations

Wednesday, February 12, 2014

Counterfeit means the making of something to look exactly like something else in order to treat people into thinking that they are getting the real thing. The ACTA does not define counterfeit but it defines counterfeit trademark goods to mean any goods, including packaging, bearing without
authorization a trademark which is identical to the trademark validly registered in respect of such goods or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark In question.

Counterfeiting:

therefore means the making of something which or the container or labeling of which without the authorization bears the trademark, trade name or any other identifying mark, print, or device as any likeness thereof, of a manufacturer, processor, processed, packed which purports to be the product of the real manufacturer, processor or packer whose rights are protected.

Piracy on the other hand simply means the act of making illegal copies of video, tape, computer programs, and books in order to sell them. Pirated goods mean any goods which are copies made without the consent of that holder or person duly authorized by the right holder in the country of production and which are named directly or indirectly from an article where the making of that copy would have constituted an infringement of a copy right or a related right under the law of that country.

The ACTA negotiations

The ACTA negotiations begun in 2007 and are being conducted by a mixture of developed countries and emerging economies like Australia, Canada, the European Union, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and USA. It should however be noted that some countries like Brazil, Russia, India and China are left out of the ACTA negotiations which has led to considerable speculations about the contents of the ACTA and its potential implications for the none negotiating countries. This has also caused apprehensions in developing countries due to the fact that the negotiations are taking place indoors. Much as there have been protests by many countries such as those in Poland, the agreement has gained support from most developed countries. For example in October 2011, US, Australia, Canada, Japan, Morocco, New Zealand, Singapore, and South Korea signed the treaty while Mexico and Swaziland declined to sign but indicated that they plan to do so in the future.

OBJECTIVES OF THE ACTA:

The main objective of the ACTA negotiations is to provide an international framework that improves the IP rights laws. The ACTA does not purport to create new intellectual property rights, but to create improved international standards as to how to act against large scale infringements of IPR through international corporations, enforcement practices and legal flame work for the enforcement of IPRS. The ACTA is also meant to assist governments around the world in effectively combating the proliferations of counterfeit and pirated goods which undermine legitimate trade and suitable development of the world’s economy.

IMPLICATIONS OF THE ACTA:

The ACTA hinders trade developments; Article 25 of the ACTA stipulates that parties should allow their competent authorities to have power to order the seizure of suspected counterfeit trade mark goods or pirated copy right goods or any related materials and implements used in the commission of the alleged offence. The implication of this provision is that it grants excessive power to the enforcement authorities to seize goods which are pre supposed to be infringing on the registered rights without clear evidence on whether or not there has been actually any infringement on the IPRS. This acts as a barrier to free trade because there is a likelihood that the detained goods are likely to go bad or even expire especially the agricultural products before they are disposed of.

Disregard of public interests;
The ACTA do not allow any room for compulsory licensing which is very essential for any developing country. It should be noted that in circumstances where the innovator is allowed to monopolize the economy as that of his innovation, the public is likely to suffer especially where the product is so essential to the public. Under the ACTA, there is no such provision which allows parties to grant a compulsory license to any person even when there is a public emergence. It is only concerned with protection of individual rights other than public rights which contradicts Ugandan laws for example the Copy right and neighboring rights Act which allows the minister power to grant none exclusive license to any person who is a citizen or an ordinary resident to make, publish, to produce or even translate a work into English, Swahili or any other Ugandan language that will allow public use of such work.

Failure to quantify damages;
The ACTA provides that parties are supposed to ensure that where there has been an infringement, the infringer pays the right holder damages to compensate for injuries that has resulted from such infringements. Also, Article 9(3) obliges members to establish a system that provides for one or more of the pre-established damages and a presumption for determining the amount of damages sufficient to compensate the right holder for harm caused. The implication is that the enforcement authorities are supposed to establish damages before the actual liability of a person is determined which is not in conformity with the Ugandan laws which require that liability should be established prior to investing damages caused.  Also in Uganda, damages are usually quantified as specific, actual, general or exemplary but they are not presumed as required by the ACTA.

The ACTA also hinders parallel importation of goods; 
Under Article 23, member states are called upon to put in place procedures and penalties against any person who applies any trade mark without authorization of the right holder which is identical to or cannot be distinguished from a trade mark registered in its territory.

The ACTA also establishes boarder measures that are meant to ensure effective cooperation between states in enforcement of IPR Laws.
From the wording of Article 23, the ACTA stipulates that where a person makes any goods or mark that is likely to resemble another person’s, he would strictly be held liable for infringing on another person’s copy right or registered trade  mark which creates fear amongst business men to deal in those related products. This has affected the level of importation and exportation of goods especially the generic goods which tends to have similar botanical names.

A case in point is the recent seizure of generic medicine by Dutch Authorities where AIDS medication had been purchased by Clinton Foundation through UNITAID on the ground that the shipment contained “counterfeit” goods yet there was no misrepresentation as to the source or patent infringement.

The ACTA does not allow flexibilities in law making;
Unlike the TRIPS agreement which sets minimum standards to be followed by member states while making domestic laws, for example the compulsory license, the ACTA sets highest standards which do not allow such flexibilities to the member states. This has a great effect on developing countries to access affordable generic medicine.

Article 23(2)(c), requires member states to provide criminal procedures and penalties to be applied in case of willful importation and domestic use in the course of trade on a commercial scale of labels or packaging to which a mark has been applied without the authorization of the right holder.

The implication of this provision is that even where the goods are imported for domestic use whether for individual or public interests, the importer will still be held liable. This water down the aims and objectives set forth in section 15 of the Copy right and neighboring Act which allows fair use of protected work especially where it is meant for teaching purposes or personal experiments. This limits the level of knowledge circulation and thus hindering the level of technological development in the long run.

Read more