A-Level Law in Action by Brenda Mothersole, Ann Ridley (auth.)

By Brenda Mothersole, Ann Ridley (auth.)

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When Gilford Motors tried to get an injunction to enforce their restraint of trade clause, Horne argued that it was his company, not he himself who was sending out the circulars, and that a contract between his previous employers and himself could not bind his company. The court would not accept this argument and granted the injunction on the policy ground that the corporate structure should not be used to evade legal responsibilities or to engage in 'sharp practice'. Where the company is a 'sham ' formed to facilitate some fraud or sharp practice, th e court will be willing to look behind the veil to see who the owners really are in order to prevent the corporate form being used in this way.

In a contract between an English company and a Swiss company about the delivery of goods to a Nigerian company, questions may arise about whether the rules of English, Swiss or Nigerian contract law should apply to the contract and which courts should have jurisdiction to hear the case. These are separate questions, and it could happen that the English courts would have jurisdiction, but would apply the contract law of Switzerland . This book is largely concerned with the law of England and Wales.

Children and young persons who are accused of criminal offences are given much more protection, for example from publicity, than are adults (see page 118 for a description of youth courts and juvenile liaison panels). Distinctions are also drawn in relation to the punishment of young people, who may not be sent to prison (see page 198). This has given rise to considerable controversy as to how children and young people who commit serious criminal offences may be punished and to the objectives of punishment in these cases.

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