Products Within The Strict Liability Regime

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
United States ◽  
Consumer Protection ◽  
Consumer Goods ◽  
Strict Liability ◽  
The United States ◽  
Raw Material ◽  
Component Part ◽  
Toxic Substances ◽  
Consumer Protection Act ◽  
Definition Of

Before liability is incurred under the Consumer Protection Act 1987, a product containing a defect must cause damage. Section 1(2) of the Act provides a definition of ‘product’. It states that ‘product’ means ‘any goods or electricity and … includes a product which is comprised in another product, whether by virtue of being a component part or raw material or otherwise’. Notwithstanding the short title of the Act, the definition of product is sufficiently broad to have a wider application than merely to consumer goods. For example, disasters resulting from chemicals or aircraft could be litigated under the Act, as could asbestos and other toxic substances which have given rise to much litigation in the United States.

scholarly journals The New Privacy Battle: How the Expanding Use of Drones Continues to Erode Our Concept of Privacy and Privacy Rights

2013 ◽  
Vol 13 (2) ◽  
Author(s):  
Chris Schlag
Keyword(s):  
United States ◽  
Consumer Protection ◽  
Privacy Protection ◽  
Common Law ◽  
The United States ◽  
Third Parties ◽  
Privacy Rights ◽  
Individual Privacy ◽  
Consumer Protection Act ◽  
Technological Developments

The exciting, thriving and developing technology that everybody has been talking about recently is drones. Due to recent technological developments, which make drones an affordable and universal tool, drones have expanded out of military use and into domestic applications. The enactment of the FAA Modernization and Reform Act in 2012 further pushed for the development and expansion of drone use in the United States’ airspace, by requiring the FAA to license over 30,000 drone operators. While drone use has an unlimited potential for beneficial use within society, drone technology is not without risks. For example, drone use in domestic airspace raises the significant and undeniable risk of individual privacy invasions through the use of drones by both public entities and third parties. This article argues current common law and legislative protections of potential privacy invasions resulting from drone use are drastically insufficient as neither affords strong protection of an individual’s privacy from such sophisticated technology’s potential. The article concludes by recommending a federal baseline consumer protection act that would establish a reasonable level of protection for an individual’s privacy by ensuring drone use was being monitored from a privacy protection standpoint and limiting the use of drones in a way that would invade an individual’s privacy expectations.

Deregulating Wall Street

2018 ◽  
Vol 10 (1) ◽  
pp. 199-217 ◽  
Author(s):  
Matthew Richardson ◽  
Kermit L. Schoenholtz ◽  
Lawrence J. White
Keyword(s):  
United States ◽  
Consumer Protection ◽  
Systemic Risk ◽  
The United States ◽  
Capital Regulation ◽  
Wall Street ◽  
Trade Off ◽  
Consumer Protection Act ◽  
Volcker Rule ◽  
Regulatory Reforms

We argue that implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act has contributed significantly to the reduction of systemic risk in the United States. However, Dodd-Frank also introduced burdensome rules that have little to do with systemic risk. This article evaluates the trade-off between capital regulation and regulation of scope in the context of Dodd-Frank, with a particular emphasis on the Volcker Rule. Recent regulatory reforms aimed at rolling back Dodd-Frank are evaluated and discussed.

The Producer’s Liability in Negligence

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
United States ◽  
Strict Liability ◽  
Primary Source ◽  
The United States ◽  
Personal Injury ◽  
Commercial Property ◽  
Consumer Protection Act ◽  
General Law ◽  
Alternative Sources ◽  
Obvious Source

Although the provisions of Pt I of the Consumer Protection Act 1987 imposing strict liability for damage caused by defective products are the primary source of tortious liability in the area covered by this work, they are by no means the sole such source. This is principally because of the limitations which have been placed on the scope of the Act. These affect such issues as the persons who are potentially subject to liability, the types of damage or loss covered, and in particular the exclusion of damage to commercial property, the incidence of limitation periods, and the fact that the Act does not apply to products which the defendant supplied before it came into force on 1 March 1988. Moreover, even where the Act is potentially applicable it will often be considered prudent to pursue alternative sources of liability, notably those which arise under the general law of negligence. Certainly, this has been the experience of the position in the United States. Nonetheless, in reading the text which follows it should be remembered that nowadays the Act is the most obvious source of liability in most cases in which it is claimed that a defective product has caused death, personal injury, or damage to what may be broadly termed consumer property.

scholarly journals Unpacking the Right to Plain and Understandable Language in the Consumer Protection Act 68 of 2008

2017 ◽  
Vol 16 (5) ◽  
pp. 514 ◽  
Author(s):  
Philip N Stoop ◽  
Chrizell Churr
Keyword(s):  
Consumer Protection ◽  
Procedural Fairness ◽  
The United States ◽  
Plain Language ◽  
Bargaining Process ◽  
Consumer Protection Act ◽  
Protection Legislation ◽  
Language Measures ◽  
Definition Of ◽  
The Right

The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and generally aim at ensuring transparency. Transparency in relation to the terms of a contract relates to whether the terms of the contract terms accessible, in clear language, well-structured, and cross-referenced, with prominence being given to terms that are detrimental to the consumer or because they grant important rights. One measure in the Act aimed at addressing procedural fairness is the right to plain and understandable language. The consumer’s right to being given information in plain and understandable language, as it is expressed in section 22, is embedded under the umbrella right of information and disclosure in the Act. Section 22 requires that notices, documents or visual representations that are required in terms of the Act or other law are to be provided in plain and understandable language as well as in the prescribed form, where such a prescription exists. In the analysis of the concept “plain and understandable language” the following aspects are considered in this article: the development of plain language measures in Australia and the United Kingdom; the structure and purpose of section 22; the documents that must be in plain language; the definition of plain language; the use of official languages in consumer contracts; and plain language guidelines (based on the law of the states of Pennsylvania and Connecticut in the United States of America).

Populism and Liberal Democracy

2019 ◽  
Author(s):  
Takis S. Pappas
Keyword(s):  
United States ◽  
Liberal Democracy ◽  
The United States ◽  
Comprehensive Theory ◽  
The People ◽  
Original Definition ◽  
Key Issues ◽  
Great Relevance ◽  
Definition Of

Based on an original definition of modern populism as “democratic illiberalism” and many years of meticulous research, Takis Pappas marshals extraordinary empirical evidence from Argentina, Greece, Peru, Italy, Venezuela, Ecuador, Hungary, the United States, Spain, and Brazil to develop a comprehensive theory about populism. He addresses all key issues in the debate about populism and answers significant questions of great relevance for today’s liberal democracy, including: • What is modern populism and how can it be differentiated from comparable phenomena like nativism and autocracy? • Where in Latin America has populism become most successful? Where in Europe did it emerge first? Why did its rise to power in the United States come so late? • Is Trump a populist and, if so, could he be compared best with Venezuela’s Chávez, France’s Le Pens, or Turkey’s Erdoğan? • Why has populism thrived in post-authoritarian Greece but not in Spain? And why in Argentina and not in Brazil? • Can populism ever succeed without a charismatic leader? If not, what does leadership tell us about how to challenge populism? • Who are “the people” who vote for populist parties, how are these “made” into a group, and what is in their minds? • Is there a “populist blueprint” that all populists use when in power? And what are the long-term consequences of populist rule? • What does the expansion, and possibly solidification, of populism mean for the very nature and future of contemporary democracy? Populism and Liberal Democracy will change the ways the reader understands populism and imagines the prospects of liberal democracy.

scholarly journals Factors Influencing Land Values in the Presence of Suburban Sprawl

1974 ◽  
Vol 3 (1) ◽  
pp. 112-124 ◽  
Author(s):  
Bruce E. Lindsay ◽  
Cleve E. Willis
Keyword(s):  
United States ◽  
Rural Areas ◽  
The United States ◽  
Land Values ◽  
Suburban Sprawl ◽  
Factors Influencing ◽  
Definition Of

The spread of suburbs into previously rural areas has become commonplace in the United States. A rather striking aspect of this phenomenon has been the discontinuity which results. This aspect is often manifest in a haphazard mixture of unused and densely settled areas which has been described as “sprawl”. A more useful definition of suburban sprawl, its causes, and its consequences, is provided below in order to introduce the econometric objectives of this paper.

International Law and Administrative Insulation: A Comparison of Refugee Status Determination Regimes in the United States, Canada, and Australia

2012 ◽  
Vol 37 (04) ◽  
pp. 933-968 ◽  
Author(s):  
Rebecca Hamlin
Keyword(s):  
United States ◽  
International Law ◽  
Control Policy ◽  
The United States ◽  
Border Control ◽  
Refugee Status ◽  
Common Definition ◽  
Political Debates ◽  
Political Interference ◽  
Definition Of

International law provides nations with a common definition of a refugee, yet the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many institutional, cultural, geographical, and political similarities. This article compares the refugee status determination regimes of three popular asylum seeker destinations—the United States, Canada, and Australia. Despite these nations' similar border control policies, asylum seekers crossing their borders access three very different systems. These differences have less to do with political debates over admission and border control policy than with the level of insulation the administrative decision-making agency enjoys from political interference and judicial review. Bureaucratic justice is conceptualized and organized differently in different states, and so states vary in how they draw the line between refugee and nonrefugee.

Mahjong

2021 ◽  
Author(s):  
Annelise Heinz
Keyword(s):  
United States ◽  
American Culture ◽  
The United States ◽  
Jewish American ◽  
The Pacific ◽  
Women's Culture ◽  
History Of ◽  
American Heritage ◽  
Cultural Origins ◽  
Definition Of

Mahjong: A Chinese Game and the Making of Modern American Culture illustrates how the spaces between tiles and the moments between games have fostered distinct social cultures in the United States. When this mass-produced game crossed the Pacific it created waves of popularity over the twentieth century. Mahjong narrates the history of this game to show how it has created a variety of meanings, among them American modernity, Chinese American heritage, and Jewish American women’s culture. As it traveled from China to the United States and caught on with Hollywood starlets, high society, middle-class housewives, and immigrants alike, mahjong became a quintessentially American pastime. This book also reveals the ways in which women leveraged a game for a variety of economic and cultural purposes, including entrepreneurship, self-expression, philanthropy, and ethnic community building. One result was the forging of friendships within mahjong groups that lasted decades. This study unfolds in two parts. The first half is focused on mahjong’s history as related to consumerism, with a close examination of its economic and cultural origins. The second half explores how mahjong interwove with the experiences of racial inclusion and exclusion in the evolving definition of what it means to be American. Mahjong players, promoters, entrepreneurs, and critics tell a broad story of American modernity. The apparent contradictions of the game—as both American and foreign, modern and supposedly ancient, domestic and disruptive of domesticity—reveal the tensions that lie at the heart of modern American culture.

Styles of Leadership Training

G/C/T ◽  
1978 ◽  
Vol 1 (5) ◽  
pp. 9-12 ◽  
Author(s):  
A. Harry Passow
Keyword(s):  
United States ◽  
Gifted And Talented ◽  
Leadership Training ◽  
The United States ◽  
Gifted Child ◽  
Child Education ◽  
Definition Of

The United States Office of Education includes leadership in its comprehensive definition of giftedness. In this address, Dr. Passow discusses the concept of leadership in general and then shares with the reader his ideas on the specifics of developing leaders in the area of gifted child education. Originally presented at the Office of Gifted and Talented (U.S.O.E.) sponsored Institute on Leadership Training and the Gifted, Chicago, Illinois, June 3, 1978, Styles of Leadership Training is reproduced here for G/C/T's readers.

Archives, Repatriation, and the Challenges Ahead

2018 ◽  
pp. 144-160
Author(s):  
Anthony Seeger
Keyword(s):  
United States ◽  
Research Ethics ◽  
The United States ◽  
Funding Agency ◽  
Digital Recording ◽  
Cultural Institutions ◽  
Local Circulation ◽  
Communications Technologies ◽  
Audiovisual Archives ◽  
Definition Of

For decades, ethnomusicologists, folklorists, anthropologists, and a variety of cultural institutions such as audiovisual archives and museums have been returning parts of their collections to the communities from which they were originally obtained. Starting with a definition of repatriation, this chapter describes some of the attributes of successful repatriation projects. They usually require a highly motivated individual or group within the community, an intermediary to help locate and obtain the recordings, and a funding agency for the effective return of the music to circulation within the community. Different kinds of repatriation are described using examples from the author’s research in Brazil and projects in Australia, India, and the United States. Projects to return music to local circulation have been greatly facilitated by changes in communications technologies and digital recording, and by profound changes in research ethics and the relations between researchers and documentarians and the communities in which they work. Despite these improvements, challenges remain.

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