Monthly Archives: September 2023

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When we talk about agreement, we typically refer to a mutual understanding or harmony between two or more parties. But where does the word “agreement” come from? Let`s take a closer look at the etymology of this term.

The word “agreement” has its roots in the Latin word “agreementum,” which means “a covenant or contract.” The prefix “ag-” means “to do, to act,” while the suffix “-ment” indicates a state or condition. So, “agreement” refers to the state or condition of acting in accordance with a contract or covenant.

The word “agreement” was first recorded in English in the 14th century, and it was initially used to describe an agreement or settlement between two parties. It wasn`t until the 16th century that the word started to take on its current meaning of mutual understanding or harmony.

Interestingly, the word “agreement” has a close relation to the word “grieve.” The Old French word “grever” meant “to burden, harm, or aggrieve,” and it eventually evolved into the English word “grieve.” The prefix “a-” in “agreement” denotes the opposite or negation of something, so “agreement” literally means “not grieving” or “lacking harm or burden.”

In modern usage, “agreement” is a ubiquitous term in contexts ranging from legal documents to interpersonal relationships. It denotes a meeting of minds or mutual understanding between parties. As such, it is a fundamental concept that underlies all forms of cooperation and collaboration.

In conclusion, the word “agreement” has its roots in Latin, referring to a covenant or contract. It has evolved over time to its current meaning of mutual understanding or harmony. Despite its various nuances, the core concept of agreement remains an essential component of human interaction.

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The Contracts (Applicable Law) Act 1990: A Guide for Business Owners

The Contracts (Applicable Law) Act 1990 is a piece of legislation that specifies the law that applies to contractual obligations in international trade. The Act provides clarity on which governing law applies to a contract, thereby reducing legal uncertainty and creating a more predictable business environment.

This Act applies to contracts that involve parties from different countries. When two parties are located in different countries, it can be challenging to determine which laws apply in the event of a dispute. The Contracts (Applicable Law) Act 1990 provides a framework for deciding this issue.

Under the Act, the governing law of a contract is determined by the parties themselves. The parties can choose the law that governs their contract, either explicitly or implicitly. If the parties have not agreed on a governing law, the contract will be governed by the law of the country with which it has the closest connection.

The Act also specifies the factors that determine a contract`s closest connection. These factors include the place of residence of the parties, the place of performance of the contract, and the nature of the subject matter of the contract. For example, if a contract involves the delivery of goods, the place of delivery may be considered the place of performance.

It is worth noting that the Contracts (Applicable Law) Act 1990 only applies to the governing law of a contract. It does not cover other aspects of international trade law, such as jurisdiction or the recognition and enforcement of foreign judgments.

Business owners may find the Contracts (Applicable Law) Act 1990 helpful when conducting international transactions. By specifying the governing law of a contract, parties can avoid costly disputes […]

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A learnership agreement is a vital document that outlines the terms and conditions of a training program for a learner. Section 12(h) of the agreement is an important provision that focuses on the payment of allowances to learners during the course of their training.

The section mandates that the employer must pay a monthly allowance to the learner, which covers their accommodation, transport, and meals. This allowance is an essential aspect of the learnership program as it ensures that the learners have access to the necessary resources they may need to complete their training successfully.

The amount of the allowance paid to the learner is at the discretion of the employer and is specified in the learnership agreement. The amount is usually based on the cost of living in the area where the training is taking place and the type of course being undertaken.

It is important to note that the payment of the allowance is conditional on the condition that the learner satisfactorily performs their duties and responsibilities throughout the duration of the learnership program. If the learner fails to do so, the employer may choose to withhold the allowance or terminate the learnership agreement.

Failure to comply with section 12(h) of the learnership agreement may result in legal action taken against the employer. Therefore, it is crucial for the employer to adhere to the provisions outlined in the agreement to avoid any legal repercussions.

In conclusion, section 12(h) of the learnership agreement is a critical provision that outlines the payment of allowances to learners during their training. It ensures that learners have access to the necessary resources they may need to complete their training successfully. Employers must comply with this section to avoid any legal action taken […]

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The multilateral investment agreement, or MIA, is an international agreement that aims to promote and protect foreign investments among participating countries. It is a framework that is designed to provide a set of rules and principles for investments, including investment protection, market access, and dispute resolution.

The MIA is often viewed as a tool to enhance economic development by creating a stable and transparent investment environment. It is also intended to promote fair competition and the sharing of benefits between investors and host states.

One of the main objectives of the MIA is to protect foreign investment by ensuring that investors are treated fairly and equitably in host countries. This protection includes the assurance that investors will not be subject to discriminatory treatment or unreasonable expropriation of property. The agreement also provides for the free transfer of funds, such as profits and returns on investments, in and out of host countries.

Another objective of the MIA is to facilitate investment by providing market access opportunities for investors. This includes the removal of barriers to trade and investment, such as tariffs and other trade restrictions, which can impede the flow of investment capital.

Dispute resolution is also a key component of the MIA. The agreement establishes a framework for resolving disputes between investors and host states. This can include mechanisms for mediation or arbitration as well as recourse to local courts or international tribunals.

The MIA is not without controversy, however. Critics argue that it favors multinational corporations over local businesses and can lead to the exploitation of natural resources and labor. There are also concerns that the agreement can limit the ability of host states to regulate or impose environmental and social standards.

Regardless of these concerns, the MIA remains […]

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A non-disparagement provision in a settlement agreement is a clause that restricts parties from making negative or derogatory comments about each other. Essentially, it is an agreement to refrain from making negative comments in public or to the media.

Non-disparagement clauses are becoming increasingly common in settlement agreements, particularly in the legal industry. They can be found in a wide variety of settlements, including employment, personal injury, and contract disputes. The purpose of such a clause is typically to ensure both parties move on from a dispute amicably, without further damaging the other party’s reputation or causing any additional harm.

While non-disparagement clauses can be beneficial for preventing further harm to a party’s reputation, it is important to understand that they can also be tricky to navigate. For example, a non-disparagement clause may not necessarily prevent a party from leaving negative reviews or feedback online, as such statements may not be portrayed as disparaging, but rather simply honest opinions. Additionally, certain statements may fall outside the scope of a non-disparagement clause altogether, such as statements required by law or those made to defend oneself in a legal proceeding.

It is also essential to understand the potential consequences of breaching a non-disparagement clause. Doing so can result in serious consequences, such as fines and damages. For instance, if a party breaches a non-disparagement clause by making negative comments about the other party online, the other party may be entitled to damages, and in some cases, even an injunction. Therefore, it is important to exercise caution when considering what you say about the other party, even after a settlement has been reached.

In summary, while non-disparagement clauses in settlement agreements can be useful for preventing further harm and ensuring a […]

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The Atlantic Charter was an agreement signed between the United States and Great Britain on August 14, 1941. It was a joint declaration of principles that set out the goals of the Allied powers in World War II and became a cornerstone of the post-war international system.

The agreement was signed by US President Franklin D. Roosevelt and British Prime Minister Winston Churchill aboard the HMS Prince of Wales, anchored off the coast of Newfoundland. The two leaders had met to discuss the war effort and to establish a common vision for the post-war world.

The Atlantic Charter laid out eight key principles, including the renunciation of territorial aggrandizement, the promotion of economic cooperation, and the right of all peoples to choose their own form of government. The charter also called for the establishment of a system of international security that would ensure the peaceful resolution of conflicts.

Though the charter was not legally binding, it served as a statement of Allied goals and principles and helped to solidify the relationship between the US and Great Britain. It was also seen as a symbol of the commitment of the Allied powers to defeat Nazi Germany and secure a peaceful, prosperous post-war world.

The principles laid out in the Atlantic Charter continue to resonate today, particularly in the areas of human rights, economic cooperation, and international diplomacy. The charter is widely regarded as a precursor to the creation of the United Nations and the post-war international order that emerged from the devastation of World War II.

In conclusion, the Atlantic Charter was an important agreement signed between the United States and Great Britain during World War II. It laid out key principles and goals for the Allied powers and helped […]