English law common

In sharp contrast, in trade secrets each state has its own law. Historically, this law is derived primarily from judicial interpretation of the English common law. Some states use the Code Napoleon or Spanish law as a background. As set forth in Stamicarbon N.V. vs. American Cyanamid Co. (3), no fewer than 20 states during the past nine years have enacted statues making appropriation or unauthorized disclosure of trade secrets a crime. The decision lists the states. One commendable statute is that in New Jersey (4). 

Since General Electric is a relatively responsible employer, this case demonstrates the huge gulf that exists between the employer and the employed as a result of the general employer tendency to consider the old English common law relation of master-servant as being the proper one for technical employees. 

I would like to bring to your attention the matter which I did refer to in my testimony with respect to a law to improve the legal basis for the employee-employer relationship of professional employees. As I understand, and I am sure you as a lawyer are quite aware, the relationship is that of master-servant as defined in English common law. I think it would be very worthwhile to explore the prospects of changing this to provide legal basis for the employment relationship so that professional employees will be encouraged to exercise their responsibilities as informed citizens. 

The story of how this principle became the accepted legal doctrine in this country is a curious one. Professional employees traditionally had been employed under oral or, in some cases, written employment contracts that ran for an indefinite term. Under the English common law, when no particular term of employment was stated, the hiring was presumed to be for one years service. If the employment continued beyond one year, it was thereafter terminable only at the end of an additional year. Other than this power unilaterally to terminate at one-year intervals, both parties, under the English rule, would be bound as long as they both remain satisfied with the performance and the working conditions. In other words, except for the power to terminate automatically on the anniversary of the date on which the contract was made, both parties could terminate only for a good cause shown. 

Products liability developed from English common law. As the industrial revolution of the late 1800s placed new products on the market, the social and legal climate at that time gave them an esteemed position. The legal concept was caveat emptor— let the buyer beware. Manufacturers and suppliers ignored complaints about a product. The law held... 

Concurrent with enactment of these statutory provisions, the English judiciary was evolving a parallel body of both civil and criminal common law. Causes of action were recognized against those who sold adulterated food and those who maintained any common nuisance.(5)... 

Australia. InAustralia, trade secret protection is based on common law (both English and Australian). The subject matter of the trade secret must relate to a trade. Portions of the trade secret may be known, but the overall result must not be known or achievable to the public. Protection can be based on breach of an express or implied contract or breach of a confidential relationship. Remedies can include injunctions... 

Munkman, j.. Employer s Liability at Common Law, 10th edn, Butterworths, London (1985) Phillips, O. Hood, A First Book of English Law, 8th edn. Sweet Maxwell, London (1989) Selwyn, N., The Law of Employment, 6th edn, Butterworths, London (1988)... 

Decisions of the superior courts which are not binding are persuasive, judicial decisions of ofher common law countries or from fhe Judicial Committee of the Privy Council (see below 1.1.14, para. 2) are also persuasive. The judgements of inferior courts are mostly on questions of fact and are not strict precedents. Decisions of the Court of Justice of the European Communities bind English courts on the interpretation of EC legislation. 

Lord Maugham articulated the duties imder common law in the court case between Wilsons and Clyde Coal Co. v. English when he said ... 

Under English and American common law the local magistrate or sheriff had the authority to deputise a posse comitatus consisting of able-bodied men to assist him in enforcing the law. See Brutus iv (463). 

The United Kingdom has three distinct legal systems, covering England and Wales, Scotland, and Northern Ireland. We ll focus on English law (England and Wales), which is based on a common law system, and conprises ... 

An employer s duties as common law were identified in general terms by the House of Lords in Wilsons Clyde Coal Co. Ltd v English [1938] AC 57. The common law requires that all employers provide and maintain ... 

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