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Use this for questions where the award of damages, or its possibility, is involved.

7
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situation for liability to be determined. Oh, and also — both of them could be held liable. It's not necessarily a case of one or the other. …
answered Jul 12 '15 by jimsug
4
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Tortious liability in France Every act whatever of man that causes damage to another, obliges him by whose fault it occurred to repair it. We are responsible not only for the damage … Civil Code Articles 1382 and 1383 provide for damages to be awarded for tortious acts, and specifically, liability for negligence. French Civil Code Article 1384 provides for vicarious liability
answered Oct 2 '15 by jimsug
1
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, maintaining standards, franchise unit design, food safety, and security.4 In the US, the Restatement (Second) of Agency extent of control test imposes vicarious liability on a franchisor that controls (or … judgement on such a matter. This information was synthesised from Franchisor Liability for Franchisee Conduct, (2013) Andrew Terry and Joseph Huan, Monash Law Review pp.388-410, page references below …
answered Sep 11 '15 by jimsug
2
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Restraint clauses, restrictive covenants, or non-compete clauses are fairly standard in professional contracts. You would usually find, in a well-drafted restraint clause, cascading duration and geogr …
answered Aug 28 '15 by jimsug
8
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conferred by such a provision; or (c) any liability of a person for a failure to comply with a guarantee that applies under this Division to a supply of goods or services. (2) A term of a …
answered Jul 28 '15 by jimsug
1
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The school must comply with relevant legislation and regulations within its jurisdiction. Unless there is something specifically forbidding their suspending a student who makes insulting remarks on t …
answered Dec 10 '15 by jimsug
1
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The DMCA provides the requirements, found in 17 U.S.C. § 512: (2) Designated agent.—The limitations on liability established in this subsection apply to a service provider only if the service …
answered May 14 '16 by jimsug
3
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The simple answer is yes. There's a famous case that illustrates this: A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (2001). A number of record companies successfully sued Napster for infringing …
answered Jul 11 '15 by jimsug
2
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It is unlikely that you find a commercial provider of a service such as the one you describe that does not require its users to consent to some kind of agreement. The service provider, in spite of t …
answered Jul 30 '15 by jimsug
2
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provide for some kind of vicarious liability. Brazilian law apparently derives from Portuguese, French, Italian, and German law. I only know for a fact that French law provides for vicarious liability … in employer-employee relationship. Having said that, a brief search for vicarious liability in Brazil shows at least one article4 states that: although there is no doctrine of vicarious liability
answered Oct 12 '15 by jimsug
6
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Do the police have to pay to fix your front door? If they took a year to analyse a mobile phone, can you claim due to the excessive amount of time it took? What if the device is returned broken, or w …
answered Sep 9 '15 by jimsug