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Title: LPC BLP (Business Law and Practice) Revision Notes
Description: These Business Law and Practice Revision Notes include the content of all SGSs and are specifically focused on helping you answer exam questions. The notes are set out in a way that help you answer the exam questions without having to come up with a concise answer to the questions on the spot. These notes contain all material that is necessary for you to get the best mark possible for your exam and I have used them myself and were all used by my friends who all received a distinction in this subject.
Description: These Business Law and Practice Revision Notes include the content of all SGSs and are specifically focused on helping you answer exam questions. The notes are set out in a way that help you answer the exam questions without having to come up with a concise answer to the questions on the spot. These notes contain all material that is necessary for you to get the best mark possible for your exam and I have used them myself and were all used by my friends who all received a distinction in this subject.
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business of customers);or
2
...
Non-disclosure
Look at the substance and not the form of the contract
...
the personal service test – does he perform work personally?
2
...
mutuality of obligation test – employer has a duty to provide
work, employee must accept when given
...
other factors – economic reality and integration tests
...
Wrongful dismissal – for non-executive directors:
Wrongful dismissal arises where the employer has dismissed the
employee in breach of the terms of the employment contract by eg
...
The amount of notice which is required will be determined by the
employee’s contract but this is subject to a statutory minimum
...
Employees employed for 2
years or more are entitled to one week’s notice for every completed
year of service up to 12 weeks’ notice
...
The remedy for wrongful dismissal is damages
...
If the ex-employee finds a
new job, or makes no attempt, then damages are reduced
...
STEP 3
...
protect a legitimate interest of the business (e
...
customer
connections, stable workforce, trade secrets); and
2
...
Blue pencil test:
The court will strike out the unenforceable part of a restrictive covenant
clause and will only enforce the remainder of the clause if it makes
independent sense
...
Reasonableness factors, what
is necessary to protect the employer’s legitimate interests?
If the employee has a successful claim for wrongful dismissal then any
restrictive covenants are unlikely to be enforceable
...
that he was dismissed: dismissal includes constructive
dismissal where the employee leaves the job because he is
compelled to do so by the conduct of the employer
...
Against director - Derivative claim:
Derivative claims – s
...
261(1) Grounds = negligence, default, breach of duty
s
...
shadow directors and former directors
...
260(3) s
...
170-177)
This derivative claim may end up with a removal resolution being called
– in this case the director can protect himself as stated above
...
If advising a removed director – also sue for unfair prejudice:
s
...
Director will claim two conducts:
I
...
Ebrahimi v Westbourne Galleries Quasi-partnerships:
Shareholders may have a legitimate expectation that they be
involved in the management of the company
Title: LPC BLP (Business Law and Practice) Revision Notes
Description: These Business Law and Practice Revision Notes include the content of all SGSs and are specifically focused on helping you answer exam questions. The notes are set out in a way that help you answer the exam questions without having to come up with a concise answer to the questions on the spot. These notes contain all material that is necessary for you to get the best mark possible for your exam and I have used them myself and were all used by my friends who all received a distinction in this subject.
Description: These Business Law and Practice Revision Notes include the content of all SGSs and are specifically focused on helping you answer exam questions. The notes are set out in a way that help you answer the exam questions without having to come up with a concise answer to the questions on the spot. These notes contain all material that is necessary for you to get the best mark possible for your exam and I have used them myself and were all used by my friends who all received a distinction in this subject.