The Scope of Statutory Protection on the Use of Identical or Confusingly Similar Names by Businesses in Bangladesh

not available Dhaka University Law Journal, Vol. 31, 2020 P.49-62

The protection of consumers in rest homes - time for a change?

<p>This dissertation examines the statutory protection of elderly consumers in rest homes and makes several proposals of how to improve their protection. The dissertation compares New Zealand’s legislation with the existing rest home related legislation in Australia and Germany to improve New Zealand’s regulations. At first, the dissertation characterises elderly consumers as a consumer group with special vulnerabilities. According to the dissertation several reasons can be identified, which justify regulatory intervention in favour of the elderly. Secondly, the dissertation gives an overview of the relevant rest home legislation in New Zealand, Australia and Germany. In the later chapters the dissertation examines the existing information obligations, and the statutory protection of elderly consumers during the implementation and at the time of the termination of a rest home contract. The author argues that many of the existing consumer protection measures are not specifically tailored for consumers in rest homes and, therefore, do not ensure comprehensive protection. Furthermore, the author identifies several gaps in protection and proposes to introduce targeted new protection measures to close these gaps. Subsequently, the dissertation considers the access to justice for elderly consumers. The author states that the existing system offers some advantages but is far from being perfect. He speaks in favour of establishing a new Commissioner who is responsible for the issues of elderly consumers and the enhancement of their legal position. Lastly and on the basis of the previous outcomes, the author recommends creating a new piece of legislation specifically tailored for the protection of elderly consumers in rest homes to implement all the proposed changes. In the author’s opinion a new Act could build on the existing consumer protection measures but should also improve them to ensure the best protection possible. The author also outlines how a code of practice should be put in place, which sets out minimum requirements.</p>

The protection of consumers in rest homes - time for a change?

<p>This dissertation examines the statutory protection of elderly consumers in rest homes and makes several proposals of how to improve their protection. The dissertation compares New Zealand’s legislation with the existing rest home related legislation in Australia and Germany to improve New Zealand’s regulations. At first, the dissertation characterises elderly consumers as a consumer group with special vulnerabilities. According to the dissertation several reasons can be identified, which justify regulatory intervention in favour of the elderly. Secondly, the dissertation gives an overview of the relevant rest home legislation in New Zealand, Australia and Germany. In the later chapters the dissertation examines the existing information obligations, and the statutory protection of elderly consumers during the implementation and at the time of the termination of a rest home contract. The author argues that many of the existing consumer protection measures are not specifically tailored for consumers in rest homes and, therefore, do not ensure comprehensive protection. Furthermore, the author identifies several gaps in protection and proposes to introduce targeted new protection measures to close these gaps. Subsequently, the dissertation considers the access to justice for elderly consumers. The author states that the existing system offers some advantages but is far from being perfect. He speaks in favour of establishing a new Commissioner who is responsible for the issues of elderly consumers and the enhancement of their legal position. Lastly and on the basis of the previous outcomes, the author recommends creating a new piece of legislation specifically tailored for the protection of elderly consumers in rest homes to implement all the proposed changes. In the author’s opinion a new Act could build on the existing consumer protection measures but should also improve them to ensure the best protection possible. The author also outlines how a code of practice should be put in place, which sets out minimum requirements.</p>

South Africa’s Red List of Terrestrial Ecosystems (RLEs)

Ecosystem level indicators are emerging as important pillars of the post-2020 global biodiversity framework of the Convention on Biological Diversity; at the same time, the IUCN Red List of Ecosystems (RLEs) is experiencing rapid global uptake. We applied a systematic RLE assessment to 456 terrestrial ecosystems in South Africa between 2017 and 2021. What sets South Africa apart in this endeavour is that an independently formulated ecosystem threat status indicator was developed between 2004 and 2008 and the list of threatened ecosystems (effectively a proto RLE) was integrated into the national environmental regulatory framework in 2011. Through this, Critically Endangered and Endangered types were afforded a form of statutory protection through increased regulation of land-use change activities. We describe the transition to the IUCN RLE framework and focus on both the technical steps of incorporating the best available data into a credible assessment, and the unique social and legal processes to ensure that the biodiversity conservation sector in South Africa understood and supported the proposed replacement of the existing list of threatened ecosystems (2011) with the RLE (2021). We discuss the policy development steps required in South Africa, and the pros and cons of maintaining a legislative link for RLE implementation.

9. Duty to act within constitution and powers

The Companies Act 2006 (CA 2006) requires directors: to act in accordance with the constitution (defined s 257) and to exercise powers for the purposes for which they are conferred. This chapter focuses on s 171. The discussion covers the constitutional division of power within a company, types of authority, statutory protection of third parties, and exercise of a power for an improper purpose. Much of the discussion is of the important agency rules which govern directors’ authority, considering in particular the extent to which third parties can rely on the apparent or ostensible authority of an individual director or directors. The circumstances in which third parties are put on inquiry are considered. The statutory protection afforded to third parties by CA 2006, s 40 is also examined. The proper purpose doctrine is an important constraint on abuse of power by directors and the application of the doctrine is addressed in detail.

19. Leases

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on a key feature of a lease: its ability to count as a property right. It explores the three principal questions that apply to any property right: the content question, the acquisition question, and the defences question. It evaluates how the judges’ approach to defining the content of a lease as a property right may have been affected by the presence of statutory protection. The courts’ approach to the content of a lease may be shaped by the fact that, if B has such a right, he or she may qualify (or have qualified) for significant statutory protection. It also considers the impact of the requirement that a lease must have a certain term. The chapter also considers the debate as to the contractual or proprietary nature of the lease.

20. Regulating Leases and Protecting Occupiers

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews the statutory protection potentially available to B if he or she has a lease. It is shown that, in some cases, B can be seen as having a lease (at least, in the sense used by a particular statute) even if B has no property right. A lease can give B status: the status of a party qualifying for statutory protection. As the Law Commission has noted, however, it is questionable whether the availability of such protection should continue to turn on whether B has a lease, rather than a licence, and a new approach has recently been taken in Wales.

Linking geological heritage and geoethics with a particular emphasis on palaeontological heritage: the new concept of ‘palaeontoethics’

Geoconservation and geoethics are two emergent domains in geosciences. During the last decade, both topics have increasingly gained the attention of geoscientists and the society, but the main geoethical dilemmas related to the conservation and management of geoheritage are not clearly identified yet. This work aims at providing an overview on the meaning and scope of geoethics and how it intersects geoheritage and the practice of geoconservation. Some case studies—many of which are under current debate and have a high potential as geoeducational resources—are presented for addressing ethical, social and cultural settings as well as dilemmas affecting geoheritage. We find that there are particular cases (mostly concerning the trade of fossils, and in particular the growing concern about activities that rely on amber from Myanmar) for which a clear dichotomy of views makes them much more problematic and complex. These cases deserve more suitable legal frameworks that help implement more balanced ethical standards and practice guidelines for geoconservation, guarantee human rights and needs in relation to that heritage and contribute to the advancement of geosciences. Particular attention is given to palaeontological heritage, as fossils are among the most threatened elements of the Earth’s diversity and are in need of more effective and statutory protection measures. In the context of geoethics applied to palaeontological heritage, and given the need of a clear understanding of what ethics in palaeontology means, a new concept—palaeontoethics—is proposed and formally defined.

Statutory Protection for Retail Workers in Scotland

The Scottish Parliament has passed an Act making provision for the statutory protection for retail workers, and that law includes the creation of a new offence. The provision is said to be necessary as the retail workers are subjected to criminal conduct when required to ask for proof of age. That request resulted, it is said, in the retail workers at that point acting in the public interest.

A Critical Appraisal of Dismissals at the Behest of a Third Party: The Impact of the Constitutional Labour Rights

The pivotal judgments on dismissals at the behest of a third party – East Rand Proprietary Mines Ltd v UPUSA, Lebowa Platinum Mines v Hill, NUMSA v Hendor Mining Supplies a Division of Marschalk Beleggings (Pty) Ltd, TSI Holdings (Pty) Ltd v NUMSA, NUPSAW obo Mani v National Lotteries Board and NUMSA v High Goal Investments t/a Chuma Security Services – deeply implicate discrimination in all its manifestations, accountability, gendered precariousness and social justice. This contribution explores the focal questions raised in recent times concerning the fairness of a dismissal at the instance of a third party. First, there are fundamental points relating to the constitutional and statutory protection of security of employment. Secondly, there are those familiar problems often associated with substantive and procedural fairness that surface here under the guise of questioning the disciplinary power of the employer. In this context, inroads into managerial prerogative and disciplinary procedure are amplified where there has been no fault on the part of the employee and no breakdown of the trust relationship, or where the employee has been disciplined, but not dismissed and the employer did not want to terminate the employee’s employment but was coerced by the third party to do so. Thirdly, there is the thorny issue of the reason behind the third-party demand and the related issue of intolerability caused by the targeted employee. And finally, there is the issue of striking in support of a demand for dismissal of a co-employee.