International Business Law Case Studies: Torts, Product Liability, and Intellectual Property
READING QUESTIONS
CLASS 9
Chapter Four, part 2 – Torts and Products Liability, Host State Regulation
4.4 Dow Jones
An online and print article insulted Joe Gutnick (Victoria, Australian resident). Trial and appellate courts found that Australian courts had personal jurisdiction over Dow Jones (US Company), which appealed to the High Court of Australia. All seven high court justices said that defamation did not happen when the article was published, but when a third party read about Gutnick and thought
Read MoreIntroduction to Criminal Justice
CH 1: Introduction to Criminal Justice
Social Disorganization
Social disorganization is a condition said to exist when a group is faced with social change, uneven development of culture, maladaptiveness, disharmony, conflict, and lack of consensus.
Individual Rights
Individual rights are guaranteed to all members of American society by the U.S. Constitution and are particularly important to all criminal defendants facing formal processing by the criminal justice system.
Trends in Crime
- In the 1990s, the
Introduction to Law and Legal Systems
Chapter 1: Foundations
Characteristics of Law
Rules:
Most law exists in this form.
Rules prescribe behavior and contain definitions of terms, etc.
Collective Enforcement:
Law is enforced collectively by organs of a State.
Creation:
Most legal rules are created by State agencies.
Positive Law:
Law that is laid down – it is in force.
Codified Law:
Existed before it was written down.
Created law = completely new.
Differences Between Law and Morality
Law gives guidelines for behavior.
Morality sets standards for what
Read MoreUnderstanding Legal Transactions, Invalidity, and Torts in Brazilian Law
Injury – Profit Overstated
Take advantage of the inexperience of parties, state of necessity, recklessness of the other.
Art. 157
Injury occurs when a person under urgent necessity or inexperience is obligated to provide something manifestly disproportionate to the value opposed to the provision.
Par. 1
The disparity of benefits is appreciated according to the values prevailing at the time the legal transaction was concluded.
Par. 2
Annulment of the deal will not be decreed if enough supplement is offered,
Read MoreThe Three Certainties in Trust Law: A Comprehensive Guide
Introduction: The Three Certainties in Trust Law
Contract Law Essentials: Mistakes, Misrepresentation, and Discharge
Setting Aside a Contract
A contract may be set aside due to mistake, misrepresentation, undue influence, or duress. Consumer protection relief through statutes may also set aside contracts.
Meaning of a Mistake
- Legal mistake: A mistaken belief about a factual situation, not the law itself.
- Unilateral mistake: One party is mistaken about the facts.
- Common/mutual mistake: Both parties are mistaken about the facts.
Only certain kinds of mistakes will make a contract void or voidable by equitable relief of
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