Remedies Final Summer This fact pattern is regarding the misbehavior of Sony and its brand of music cds. In an effort to combat piracy‚ Sony hired a company to design a copy-protection system called XCP. This software was imbedded onto Sony’s cds and this software was designed to prevent unauthorized replication. If you tried to play a protected disk in your computer‚ you first had to agree to install a Sony music player to listen to it. Yet‚ this software used malware tactics‚ it took over the
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Hadley to lose some business. Hadley sued for the profits he lost due to Baxendale ’s late delivery‚ and the jury awarded Hadley damages of £25. Baxendale appealed‚ contending that he did not know that Hadley would suffer any particular damage by reason of the late delivery. Issue: Whether a defendant in a breach of contract case could be held liable for damages that the defendant was not aware would be incurred from a breach of the contract. Reasoning: The court said no to allowing Hadley
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advice or expressing an opionoin Damage: Recognised at all factual causation scope of liability Defences: Contributory negligence Remedies: Compensatory damages Consequential damage Lost opportunity Fraudulent misrepresentation (deceit) = A false representation made by one‚ who either has knowledge of its falsity‚ or is reckless as to its truth‚ with the intention that the Pl should act on it‚ and which causes damage as a result = A separate tort (and
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Remedies: Compensatory - A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party. When a contract has been breached‚ the court orders the party that breached to pay the amount of direct losses done to innocent party. Consequential - Special damges that compensate for a loss that is not direct or immediate (for example‚ lost profits0. The special damages must have been reasonably foreseeable at the time the breach or injury occurred in order
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to accept goods Section 56 states that‚ where the buyer wrongfully neglects or refuses to accept and pay for the goods‚ the seller may sue him for damages for non-acceptance. Section 56 of the local Act has no provision corresponding to sections 50(2) and (3) of the English Sale of Goods Act 1979 which lay down the rules for the assessment of damages for non-acceptance. In their absence‚ the local court will most likely apply the common law principle derived from the leading case of Hadley v. Baxendale
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The Role of Forensic Accountants in the Development of Judicial Process By: Nnoruem Timothy O. M.Sc Accountancy PROBLEM STATEMENT In recent times‚ the world has witnessed the failure of large corporate organizations which has been attributed to large scale fraud by Directors in connivance with auditors. There is the case of Enro in the U.S‚ Parmalat in Italy and many cases in the U.K such as Polly Peek‚ Maxwell communications and BCCI. This development brought about in
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TABLE OF CONTENTS INTRODUCTION This assignment will strive to outline points of law including identifying key vitiating factors‚ including duress and undue influence and illegality as well as forms of discharge of a contract and remedies for that. It will also apply these laws to the cases provided to illustrate the application of these laws. Vitiating factors represent some sort of defect in the formation of the contract. Examples of this are that the contract is based
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vacation. Assess face saving methods The method I unconsciously used in this particular situation was remediation. According to the textbook Close Encounters remediation is defined as “attempting to repair physical damage” (Guerrero‚ Andersen‚ Afifi‚2014‚ p.49). Although the damage in this contexts was not physical it still was repaired. Yes remediation was effective as I had hoped because it fixed the problem and I received my money back. This experience reflects the importance of maintaining identity
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Module: Common Law Assignment 2: Law of Torts Submission date: 25.4.2012 By Anna Permall Contents Verity Smith runs a small printing business in Whitstable‚ Kent. Verity’s business has been thriving and she is looking to expand her business into other parts of Kent. She would like some advice regarding the following incidents: 1. (i) Lesley‚ the Office Manager‚ suffered serious injuries to her Hands and face when her IPAD2 provided by Verity exploded at her desk. (ii)
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Kato v. Briney‚ 183 N.W. 2d 657 (Iowa 1971) Facts Defendant Briney inherited a farm house which remained unoccupied for approximately ten years. During that period there were multiple housebreaking occurrences which caused damage to the property. Defendant and her husband were annoyed by the constant vandalism and set up a 20 gauge spring shotgun trap in one of the bedrooms which was set to shoot the legs of a trespasser entering the room. Plaintiff Katko and his accomplice McDonough entered
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