Trade dress can consist of such elements as size, shape, color and texture, to the extent that such elements are not functional. In many countries, trade dress is referred to as âget-upâ or âproduct design.â.
The contributory. negligence of a child was (as it was for an adult before 1945) a complete defence. While children under the age of about 4 were not expected to exercise care for. themselves as if adults, the fault could then transfer to the parent or guardian, whose.
If a guardian's interests conflict with those of the person under disability, the guardian cannot act as a litigation guardian. Until such an affidavit is filed, only the provincial children's lawyer or public guardian and trustee can represent a person under disability as the plaintiff in a lawsuit.rdinarily, the would-be litigation guardian must make a motion to be appointed. When a defendant does not already have a suitable legal representative, the plaintiff must ask the court to appoint a litigation guardian for the defendant person under disability.