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Applying Economic Loss Doctrine to Article 2 Transactions : A Doctrine at a Loss
Martin, Jennifer S. - 2012
The purpose of this Essay is to analyze the treatment and the types of tort and strict liability claims that courts are …
Persistent link: https://www.econbiz.de/10013099528
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The Repo Man Did What? A Secured Creditor's Article 9 Right to Repossess Collateral and When Lenders Have Liability for Repossessions Gone Awry
Martin, Jennifer S. - 2013
This Article observes that there is not a clear consensus among courts in how to describe the scope and nature of a breach of the peace when a lender elects self-help repossession and things go awry. That does not mean that courts have not deduced some guideposts that parties can use in deciding...
Persistent link: https://www.econbiz.de/10013075501
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Wi-Fi Liability : Potential Legal Risks in Accessing and Operating Wireless Internet
HALE, ROBERT V. - 2014
nearby wireless Internet access point owned and operated by a neighbor. What potential liability may ensue from accessing … questions as the popularity of wireless technology continues to increase. This paper explores several theories of liability …
Persistent link: https://www.econbiz.de/10014066068
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Public Interest Damages
Janeček, Václav - 2020
This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...
Persistent link: https://www.econbiz.de/10012843998
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Third-Party Liability for Breach of Fiduciary Duty in Malaysia
Liew, Ying Khai - 2021
in relation to the liability of third parties for breach of fiduciary duty provides clear examples this sort of risk …. This paper examines in detail these third-party claims — tracing-related claims, recipient liability, and assistant … liability — in the light of English law, and explains how they contain errors which are (or threaten to be) entrenched …
Persistent link: https://www.econbiz.de/10013247619
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Choice of Law in Cross-Border Torts
Symeonides, Symeon - 2014
This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...
Persistent link: https://www.econbiz.de/10014211298
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Rethinking Product Liability Rules for Online Marketplaces : A Comparative Perspective
Busch, Christoph - 2021
US and EU consumer retail markets. It is a matter of controversy whether and how product liability rules, which have been … Article explores how courts and lawmakers on both sides of the Atlantic are trying to adjust the existing product liability … the US differ considerably. While US law focusses on indirect regulation through product liability, EU law puts its …
Persistent link: https://www.econbiz.de/10013246172
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Copyright Liability and Music ‘Piracy’ : Capitol Records v Thomas-Rasset
Mezei, Péter - 2021
Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...
Persistent link: https://www.econbiz.de/10013234254
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Tainted Loans : The Value of a Mass Torts Approach in Subprime Mortgage Litigation
Brescia, Raymond H. - 2010
Persistent link: https://www.econbiz.de/10013152485