..., and was moored to the end of a pier with other barges. The tug Carroll, owned by Carroll Towing Co., whose the Appellant, chartered by Grace Line Inc., was sent to drill out one of the barges. The defendant went on board the barge and readjusted the mooring lines. It broke free of the mooring lines because of this readjustment. It hit a tanker and its propeller broke a hole in the barge. It lurched, dumped her cargo and sank. P’s cargo could have been saved if somebody was on board but the bargee was absent since the last evening. P sued D for negligence. Procedural History- Appellant sought review of the U.S. District Court’s Judgment who held them partly liable for the damages caused by the sinking of the barge as well as the cargo. The 2nd Circuit Court of Appeals affirmed the decision and apportioned the damages Issue- Who is held negligent and liable to pay the damages for the loss? Judgment- Appellant was held liable for the damages as the barge was left unattended during the working hours. Judge Learned Hand separated the damages into two parts: the Collision Damages which was caused when Anna C collided with the tanker in this one half damages was put on Grace Line Inc and the other half was put on Carroll Towing Co and the Sinking Damages which was caused when Anna C and the Cargo sank in this one third damages was put on each three i.e. Carroll Towing Company, Grace Line Inc. and Conners Marine Co. Rationale- Judge Hand asserted that there is no general rule...
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...3. Standard Oil violated the Sherman Antitrust Act by directly attempt to restrain trade by using the drawbacks within their agreements with the railroad companies. In addition, they also break laws with their price wars and competitor buyouts. Through these means they were attempting to monopolize the oil trade and commerce in the United States. In my opinion, just because Standard Oil was violating the law does not mean that Rockefeller was act unethically. Weather Standard oil was a monopoly or not, the more important question is, were the practices of the Standard Oil efficient and did it hurt the social wealth of the country? Rockefeller took advantage of his economies of scale in order to deliver the products cheaper to the consumer. The consumer benefits from the price wars that Rockefeller engaged in. They received extremely low prices during the war and afterwards despite a small raise in the price, Rockefeller would not raise the price too high as to not attract new competition. This reduction in prices contributed the greater social wealth of the country. Rockefeller’s purchase of the refineries also produced positive results. Those former refiners who were entrepreneurs had this buyout money and could move on to other ventures. This would free up their capital and to help move out the production possibilities of the nation. This obviously would increase social wealth and lifestyle of the country. I do not think contradiction exists between...
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...Parties: United States of America: The Plaintiff is the United States which says that the Sherman Antitrust Act has been violated by the defendants. Hilton Hotels Corporation: A defendant that allegedly agreed with other hotels to give preferential treatment to suppliers who paid assessments while decreasing purchases from those companies who refused. Along with its co-defendant, it is accused of bringing the combined economic power of the hotels against the suppliers who failed to pay. Western International Hotels Co.: Another defendant that was accused of violating the Sherman Act’s provisions with its refusals to deal with the unreasonable restraints on trade. Facts: In Portland, Oregon, representatives of hotels, restaurants and other business entities organized an association to attract potential conventions to their respective city. While at the convention, members were asked to make contributions equal to one percent of their sales in order to help finance. To help bolster their collections, hotel members, including the defendant Hilton Hotel Corp., agrees to give preferential treatment to the suppliers who paid their assessments. But for those who did not pay, actions were set in motion to help decrease the purchases from those particular suppliers. Procedure: The court found that the evidence was clearly sufficient to establish that the defendant hotels agreed to prefer suppliers who paid contributions over those who did not. The primary purpose and direct...
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...THE FORD PINTO CASE: THE VALUATION OF LIFE AS IT APPLIES TO THE NEGLIGENCE-EFFICIENCY ARGUMENT Christopher Leggett Law & Valuation Professor Palmiter Spring, 1999 Abstract Text of Paper Abstract The cases involving the explosion of Ford Pinto's due to a defective fuel system design led to the debate of many issues, most centering around the use by Ford of a cost-benefit analysis and the ethics surrounding its decision not to upgrade the fuel system based on this analysis. ISSUE Should a risk/benefit analysis be used in situations where a defect in design or manufacturing could lead to death or seriously bodily harm, such as in the Ford Pinto situation? RULE There are arguments both for and against such an analysis. It is an economically efficient method which has been accepted by courts for numerous years, however, juries may not always agree, so companies should take this into account. ANALYSIS Although Ford had access to a new design which would decrease the possibility of the Ford Pinto from exploding, the company chose not to implement the design, which would have cost $11 per car, even though it had done an analysis showing that the new design would result in 180 less deaths. The company defended itself on the grounds that it used the accepted risk/benefit analysis to determine if the monetary costs of making the change were greater than the societal benefit. Based on the numbers Ford used, the cost would have been $137 million versus the $49.5 million...
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...airport for negligence, and does O’Hare have a legal basis for a summary judgement against the plaintiff due to lack of evidence on the part of the plaintiff? Applicable Law: Under Illinois rules of negligence, 1-14 Illinois Tort Law § 14.01 the term negligence is applied both to conduct and to a cause of action. Some courts, following the Illinois Pattern Jury Instructions, define negligence as "the failure to do something which a reasonably careful person would do or doing something which a reasonably careful person would not do." This standard applies to the conduct of the defendant. It may also apply to the plaintiff when contributory negligence is an issue. Although Illinois state courts have not adopted the "Hand Formula" articulated in United States v. Carroll Towing Co., the United States Court of Appeals for the Seventh Circuit has applied it in negligence cases governed by Illinois law to define the negligence standard. Under the "Hand Formula," negligence involves determining whether the burden of precaution is less than the magnitude of the accident, if...
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...Remoteness of Damages in Torts Before we begin looking into the depth of the topic, let us start with a few definitions to draw out the basic structure of what all will we cover. 1) Tort – A tort is a civil wrong that causes unlawful harm to a person, giving them legal liability to sue the wrongdoer, or the ‘tortfeasor’. 2) Damages in Tort – These are the different forms of compensation usually given to a victim for injury or harm caused. 3) Remoteness – In Tort law, it is the set of rules that limits the amount of compensatory damage given, for any wrong. Following the above definitions, it is easy to deduce the broad idea of what the title is all about. Remoteness of damages in torts is a concept that deals with the rules regarding the limitation of the amount of compensatory damage awarded to an individual for any tort committed against him. The concept of ‘Remoteness in Torts’ is mostly with reference to the tort of negligence. This is due to the fact that most of the developments in this sphere have taken place with regard to the tort of negligence. However, once the basic principles are understood, they are easily applicable in the cases of all other torts, as well. Origin of Remoteness in Negligence Direct Consequence (or Directness) – According to traditional approach, before the present law was formulated, once a negligence had been established, a defendant was liable for all the consequent damage no matter how unusual or unpredictable that damage...
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...Case 1: Specific Performance Remedy Denied on Equity Standard Campbell Soup Co. v. Wentz et. al. UNITED STATES COURT OF APPEALS THIRD CIRCUIT 172 F.2d 80 (1949) OPINION BY: GOODRICH The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation, entered into a written contract with George B. Wentz and Harry T. Wentz, who are Pennsylvania farmers, for delivery by the Wentzes to Campbell of all the Chantenay red cored carrots to be grown on fifteen acres of the Wentz farm during the 1947 season . . . The contract provides . . . for delivery of the carrots at the Campbell plant in Camden, New Jersey. The prices specified in the contract ranged from $23 to $30 per ton according to the time of delivery. The contract price for January 1948 was $30 a ton. The Wentzes harvested approximately 100 tons of carrots from the fifteen acres covered by the contract. Early in January 1948, they told a Campbell representative that they would not deliver their carrots at the contract price. The market price at that time was at least $90 per ton, and Chantenay red cored carrots were virtually unobtainable. The Wentzes then sold approximately 62 tons of their carrots to . . . Lojeski, a neighboring farmer. Lojeski resold about 58 tons on the open market, approximately half to Campbell and the balance to other purchasers. On January 9, 1948, Campbell, suspecting that Lojeski was selling it "contract carrots," refused to...
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...The Non-Obvious Problem: How the Indeterminate Nonobviousness Standard Produces Excessive Patent Grants Gregory Mandel∗ The dominant current perception in patent law is that the core requirement of nonobviousness is applied too leniently, resulting in a proliferation of patents on trivial inventions that actually retard technological innovation in the long run. This Article reveals that the common wisdom is only half correct. The nonobviousness standard is not too low, but both too high and too low. It is indeterminate. Three principal factors produce nonobviousness indeterminacy: a failure to identify the quantum of innovation necessary to satisfy the standard, a failure to define the baseline level of ordinary skill against which to measure an innovation, and the epistemic infeasibility of requiring a technologically lay decision maker to judge from the perspective of a more highly trained and educated person of ordinary skill in the art. This Article introduces a mathematical model of innovation and patenting to analyze the effects of nonobviousness indeterminacy. Based on the model, indeterminacy in nonobviousness decisions has several unexpected consequences. First, indeterminacy results in an excessive total number of patent grants, and in many patent grants on obvious inventions. Second, indeterminacy leads to too many patent applications on obvious inventions and too few applications on non-obvious inventions. ∗ Professor of Law, Temple University — Beasley School of...
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........................... A. The Tools for Curbing Excessive Risk-taking ............................................. 1. Regulation of Business Activities .......................................................... 2. Capital Requirements ........................................................................... 3. Compensation Rules ............................................................................. 4. Liability for Unreasonable Risks .......................................................... 5. Selection of Management (Rules of Corporate Governance) ............... B. Dividing the Tools Between Banking and Corporate Law .......................... IV. WHY IT MATTERS: CITIGROUP AS AN ILLUSTRATION OF THE LIMITATIONS OF STATE CORPORATE LAW ........................................................ A. Citigroup As a Case Study In Weak Corporate Law................................... 1. Overview ............................................................................................... 2. The Standard......................................................................................... 3. Application............................................................................................ 4. The Waste Claim................................................................................... B. The Structural Underpinnings...
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...NOT FOR DISTRIBUTION: USE ONLY IN COMPLIANCE WITH COPYRIGHT: DAVID RISSTROM AN INTERPRETATION OF LAW IN CONTEXT Bottomley, S., Gunningham, N. and Parker, S., 1991, Law in Context, The Federation Press, Leichhardt. { } = additional material from lectures. ( ) = my comments. (See ‘x’) refers to book page number. A short (somewhat boring) message from the summary executioner before you dive in; These notes are an interpretation of the book Law in Context and the lectures given as part of the 1991 Course. They are not a satisfactory substitution for reading the text. You are only likely to get the maximum value out of this summary by reading it in conjunction with the text. The question of ‘the law in whose context’ may be worth keeping in mind as you read. This is an interpretation seen through my eyes, not yours. My comments are not unbiased, as it is as equally unlikely that yours may be. So my ‘advice’ is consider what is said here and in the book considering the need to understand the ‘mechanics’ that help make sense of the more involved themes that develop in the book as you progress through Law in Context. The observations, important in their own right, may be particularly useful for seeing how their often ubiquitous expression is taken as ‘normal’ in the areas of wider society, such as in discussions of economics and power. It is unlikely that you will find any ‘right answers’ from this summary, but I do hope it helps you in synthesising...
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...Dictionary of Travel, Tourism and Hospitality By the same author Britain – Workshop or Service Centre to the World? The British Hotel and Catering Industry The Business of Hotels (with H. Ingram) Europeans on Holiday Higher Education and Research in Tourism in Western Europe Historical Development of Tourism (with A.J. Burkart) Holiday Surveys Examined The Management of Tourism (with A.J. Burkart eds) Managing Tourism (ed.) A Manual of Hotel Reception (with J.R.S. Beavis) Paying Guests Profile of the Hotel and Catering Industry (with D.W. Airey) Tourism and Hospitality in the 21st Century (with A. Lockwood eds) Tourism and Productivity Tourism Council of the South Pacific Corporate Plan Tourism Employment in Wales Tourism: Past, Present and Future (with A.J. Burkart) Trends in Tourism: World Experience and England’s Prospects Trends in World Tourism Understanding Tourism Your Manpower (with J. Denton) Dictionary of Travel, Tourism and Hospitality S. Medlik Third edition OXFORD AMSTERDAM BOSTON LONDON NEW YORK PARIS SAN DIEGO SAN FRANCISCO SINGAPORE SYDNEY TOKYO Butterworth-Heinemann An imprint of Elsevier Science Linacre House, Jordan Hill, Oxford OX2 8DP 200 Wheeler Road, Burlington MA 01803 First published 1993 Reprinted (with amendments) 1994 Second edition 1996 Third edition 2003 Copyright © 1993, 1996, 2003, S. Medlik. All rights reserved The right of S. Medlik to be identified as the author of this work has been asserted...
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...Lobschat, L., Zinnbauer, M. A., Pallas, F., & Joachimsthaler, E. (2013). Why Social Currency Becomes a Key Driver of a Firm's Brand Equity – Insights from the Automotive Industry. Long Range Planning, 46(PLS applications in strategic management: Partial Least Squares modeling in strategy research), 125-148. doi:10.1016/j.lrp.2012.11.004 Introduction In the past decade, managers have endeavored to build brands by creating a strong identity and conveying this identity through consistently managing relevant touch points with customers (e.g., Aaker and Joachimsthaler, 2000; Keller and Lehmann, 2003). To this end, managers are striving to better understand consumer behavior and positively influence consumers' brand perceptions through marketing initiatives (e.g., Keller, 1993). However, the direction of influence on a brand's perception and image has become increasingly bilateral. Today, consumers are no longer simply “receivers” of company- and brand-related information. Instead, they operate as “senders” of this information, e.g., by giving brand recommendations, by expressing criticism, or by sharing information with others (Hennig-Thurau et al., 2010). For this reason, managers no longer have exclusive control over information circulating about a company or brand. Consumers therefore play an important role in forming a company's or brand's perception and value in the marketplace (Keller, 2007). Exchange of information about companies and brands between consumers is not...
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...Transactions and Strategies Economics for Management This page intentionally left blank Transactions and Strategies Economics for Management ROBERT J. MICHAELS Mihaylo College of Business and Economics California State University, Fullerton Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Transactions and Strategies: Economics for Management Robert J. Michaels Vice President of Editorial, Business: Jack W. Calhoun Publisher: Joe Sabatino Sr. Acquisitions Editor: Steve Scoble Supervising Developmental Editor: Jennifer Thomas Editorial Assistant: Lena Mortis Sr. Marketing Manager: John Carey Marketing Coordinator: Suellen Ruttkay Marketing Specialist: Betty Jung Content Project Manager: Cliff Kallemeyn Media Editor: Deepak Kumar Sr. Art Director: Michelle Kunkler Frontlist Buyer, Manufacturing: Sandee Milewski Internal Designer: Juli Cook/ Plan-It-Publishing, Inc. Cover Designer: Rose Alcorn Cover Image: © Justin Guariglia/Corbis © 2011 South-Western, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright hereon may be reproduced or used in any form or by any means— graphic, electronic, or mechanical, including photocopying, recording, taping, Web distribution, information storage and retrieval systems, or in any other manner—except as may be permitted by the license terms herein. For product information and technology assistance, contact us at Cengage Learning Customer & Sales Support...
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