New answers tagged any-jurisdiction
2
votes
What is the situation when a computer "agrees" to a contract without the explicit knowledge of a human?
First, see:
Can a computer program agree to Terms of Service? — No.
Does contract formation require subjective "meeting of the minds"? — No.
Computers are not entities that can be party to ...
- 43.9k
2
votes
Spending overpaid stipend instalments
england-and-wales
Both the university and Bob made mistakes, with the consequence that Bob received more money than he should have received. Apparently:
the university didn't notice Bob had dropped ...
- 15k
2
votes
Can psychiatric illness factor into the question of guilt?
canada
Involuntariness negates the actus reus of the offence. Involuntary conduct is not criminal, and the law recognizes that voluntariness for the conviction of a crime is a principle of fundamental ...
- 43.9k
5
votes
Spending overpaid stipend instalments
ontario
Overpayments from the Student Assistance Program are recoverable by the government. The Social Benefits Tribunal, however, has discretion to vary or defer the amount recoverable. Typically ...
- 43.9k
0
votes
What is the closest equivalent to criminal compensation orders in your jurisdiction(s) of expertise?
united-states
In the United States, in criminal cases, this is known as a restitution order.
The measure of amounts awarded is narrower than in a civil action. The example of the Colorado law on the ...
- 195k
2
votes
Can a court’s decision be copyrighted?
Not in brazil. Law 9.610/98 (our copyright law):
Art. 8º Não são objeto de proteção como direitos autorais de que trata
esta Lei:
[...]
IV - os textos de tratados ou convenções, leis, decretos,
...
- 201
11
votes
Can a court’s decision be copyrighted?
united-kingdom
Generally the UK judgments available from the Courts and Tribunals Judicary website and BAILII are asserted to be Crown copyright and licensed for use under the Open Government Licence.
- 15k
14
votes
Can a court’s decision be copyrighted?
No in united-states
The court is part of the trifecta of government - it's part of the Judicative. The government can not have copyright in its works: 17 USC 105 declares such papers to be without ...
- 33.8k
6
votes
Can a court’s decision be copyrighted?
new-south-wales
Not only can it be, it is copyright
Copyright in judicial decisions continues to reside in the State pursuant to the Copyright in Judicial Decisions Notice 1995 (NSW).
There is a ...
- 198k
6
votes
Can a court’s decision be copyrighted?
In slovakia, it cannot:
§ 5 par. b) of the copyright law 185/2015 Z. z. says explicitely:
Za predmet autorského práva sa nepovažuje
...
b) text právneho predpisu, úradné rozhodnutie alebo súdne ...
- 240
8
votes
Does the English or the American rule prevail in Canada?
canada
The general rule is that the substantially successful party is entitled to "costs" on a prescribed scale (e.g. British Columbia; Manitoba) not full indemnity costs.
- 43.9k
6
votes
Would it be ok to supply an item that deliberately stops working after the guarantee expires?
In the UK for consumer products you can normally claim for a fault that was present or developing at the time of sale for up to six years after purchase (five in Scotland). However, after six months ...
- 161
20
votes
Accepted
Would it be ok to supply an item that deliberately stops working after the guarantee expires?
australia
Deliberately rendering the TV non-operational through software would appear to be malicious damage.
Under the Australian Consumer Law, one of the statutory guarantees is that a product must ...
- 198k
3
votes
Does ownership of an abandoned/lost item at some point “revert” to the person who has found it?
germany
Alice would be required to report the incident to the municipal lost&found office (Fundbüro). If Omar does not inquire for the item within six months, Alice can start to use it, but not ...
- 14.5k
29
votes
Would it be ok to supply an item that deliberately stops working after the guarantee expires?
germany
If your machine actively destroys itself after the warranty is up, you commit the crime of damage to someone else's property under StGB § 303. You might also be liable for fraud, as this ...
- 33.8k
1
vote
If one person's illegal act causes another person to unintentionally commit an infraction punished by a fine, can the second person sue the first?
Probably not
Bob did not cause Alice to drive without a licence. Alice chose to get in the car without first checking she had her licence with her. Bob's not responsible for that. In general, seeking ...
- 198k
1
vote
Accepted
Can a public copyright license take effect upon the author's death?
united-states
There are two main questions here:
Can you direct your estate to apply a copyright license to your work?
Is the resulting license irrevocable?
In the case of (1), the answer is very ...
- 3,513
9
votes
Accepted
Has any acquitted defendant ever lost a defamation case, accused of committing the crime?
This will depend on what Trevor is actually saying to people when telling them that Craig committed the crime.
Scenario A. If Trevor is saying that "Craig was convicted," or "Craig is ...
- 43.9k
2
votes
Accepted
Legality of tearing down Israeli kidnapping victim posters
Fly-posting
Under the Town and Country Planning Act 1990 it is illegal to display an advertisement (a word that captures these posters) without permission punishable by a fine of £1,000 plus £100 a ...
- 198k
2
votes
Does redundant first party consideration nullify a contract?
united-states
The majority rule in the U.S. is that modification of a contract does not generally require new consideration.
The bigger concern for Alice is that her debt either is or almost is barred ...
- 195k
1
vote
Basis of real property ownership in civil law and non-Anglosphere countries
In Canada, there is no unified federal conception of property rights. "Property and Civil Rights in the Province" is a matter within the exclusive legislative jurisdiction of the provinces.
...
- 43.9k
1
vote
Basis of real property ownership in civil law and non-Anglosphere countries
It’s exactly the same
Note that ownership by “the Crown” is not the same as ownership by King Charles III. What you describe is the former, ownership of by the government of the UK which is ...
- 198k
2
votes
Does redundant first party consideration nullify a contract?
The traditional rule: variation would require fresh consideration
The common law rule has traditionally been that partial performance of a pre-existing debt is not good consideration1 that could bind ...
- 43.9k
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