Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In order to recover for any injury caused by a product, the product must be proven to have been defective. Yet many product injuries are caused by defects that are not readily ascertainable. Does that mean you should reject the case or discontinue?
If the action is based on an express warranty or misrepresentation, it is generally not necessary to prove that the product was defective or unreasonably dangerous. Such a claim focuses on whether a product conforms to the manufacturer's statements about the product rather than on whether or not the product is defective. UCC 2-313.
If a plaintiff is injured in an automobile accident, must the plaintiff identify some character trait or personality defect in the defendant, which caused the defendant to drive negligently? Of course not. Likewise, a plaintiff does not necessarily have to prove the specific defect in a product that caused injury to the plaintiff. Proof of a defect may be made by: 1) direct proof based on the nature of the accident in the context of the particular product involved; 2) direct affirmative proof through opinion testimony by an expert witness; or 3) circumstantial proof based on an inference of the defect from a weighing of several factors.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?