scholarly journals Financial Consumer Protection Cases in the United States' Case-Law

2017 ◽  
Author(s):  
Beáta Gergely
Keyword(s):  
United States ◽  
Consumer Protection ◽  
Case Law ◽  
The United States

Principles of Internet contracting: Illuminating the shadows

2019 ◽  
Vol 48 (4) ◽  
pp. 208-232
Author(s):  
Caterina Gardiner
Keyword(s):  
United States ◽  
United Kingdom ◽  
Consumer Protection ◽  
Common Law ◽  
Case Law ◽  
The United States ◽  
Contract Law ◽  
Contract Formation ◽  
The Common ◽  
The Relationship

The common law that applies to Internet contract formation could be said to exist in a penumbra—a grey area of partial illumination between darkness and light—where it may be possible to lose sight of established contract law principles. Internet contracts raise difficult issues relating to their formation that challenge traditional contract doctrine. Analysis of case law from the United States, United Kingdom and Ireland illustrates that the courts have not applied contract formation doctrine in a principled or consistent way. There is a tendency for decisions to be reached for policy reasons, for example, to facilitate the development of e-commerce, or to achieve a result that is considered fair, rather than on sound principles of contract law. There may also be some uncertainty arising from the relationship between statutory consumer protection rules and common law contract formation doctrine. The enforceability of Internet contracts in the common law courts remains unpredictable. This article argues that although Internet contracting may raise distinctive contract formation issues, it is possible for the judiciary to invoke the inherent flexibility of the common law, to take into account the specific characteristics of Internet contracts, while still adhering to established contract law doctrine and maintaining a principled approach.

Thinking About Scots Law

1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
British Empire ◽  
United States Of America ◽  
Case Law ◽  
The United States ◽  
Memorial Lecture ◽  
University Of Edinburgh ◽  
The University

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.

scholarly journals SEMANTICS AND LEGAL INTERPRETATION: AN APPROACH FROM A COMPARATIVE STUDY OF THE VALUE OF EMBRYONIC LIFE UNDER THE ARGENTINE AND U.S. CONSTITUTIONAL CASE LAW

2014 ◽  
Vol 1 (2) ◽  
pp. 33
Author(s):  
María del Pilar Zambrano ◽  
Estela B. Sacristán
Keyword(s):  
United States ◽  
Comparative Study ◽  
Case Law ◽  
The United States ◽  
Comparative Approach ◽  
Legal Interpretation ◽  
Embryonic Life

The paper analyzes the issue of legal interpretation of the Constitution in the light of a comparative approach between the case law of Argentina and the United States about the value attributed to embryonic life.

scholarly journals Informed consent to clinical research in India: A private law remedy

2020 ◽  
Vol 20 (3) ◽  
pp. 256-283
Author(s):  
Himani Bhakuni
Keyword(s):  
United States ◽  
Informed Consent ◽  
Clinical Research ◽  
Information Disclosure ◽  
Common Law ◽  
Case Law ◽  
The United States ◽  
Private Law ◽  
Patient Relationship ◽  
Treatment Context

There is a well-established common law doctrine for ascertaining information disclosure in informed consent claims within the treatment context that governs the doctor–patient relationship. But there is no such doctrine in clinical research governing the researcher–participant relationship in India. India, however, is not exceptional in this regard. Common law countries like the United States and Canada at most have sparse, non-systematised, criteria for such cases; arguably, a doctrine for research is at its nascent stage. But the adequacy of the existing criteria for settling informed consent claims in research has hardly ever been discussed. Furthermore, a specific discussion on the applicability of this ‘nascent doctrine’ to India is non-existent. This article discusses both. The article examines case law from India and other common law jurisdictions that hint at developments in this area. It suggests that Indian courts need to move abreast with other jurisdictions to better protect India’s patients and research participants.

scholarly journals A Managerial Guide to Products Liability: A Primer on the Law in the United States

2012 ◽  
Vol 2 (3) ◽  
pp. 34
Author(s):  
Jr. Richard J. Hunter ◽  
Henry J. Amoroso ◽  
John H. Shannon
Keyword(s):  
United States ◽  
Strict Liability ◽  
Case Law ◽  
The United States ◽  
Managerial Decision ◽  
Products Liability ◽  
Product Manager ◽  
The Common ◽  
The Law ◽  
Product Defect

This article provides an overview or primer on the law of products liability in the United States for use in the managerial decision-making process.  It focuses on the development of case law under the common law in determining a product defect, types of defects, theories of recovery, and the move to the adoption of the theory of strict liability in products cases.  The article is written within the context of the Restatement of the Law of Torts.  The article provides useful information to the product manager who is responsible for production decisions in a business organization. Key words: Products Liability, Product Defects, Strict Liability in Tort

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