venerdì 7 novembre 2008

Lesson 10

6/11 Lesson 10

Part 1
From ILE text book pp.78-79
Discuss Reading 1 + types of damages:

Risarcimento da contratto

Compensatory Damages for the purpose of making a person "whole again" (put back in the position which existed before the loss or harm). Compensatory damages can be divided into two sub-categories
(a) General Damages resulting from the act or failure to act on the part of the person at fault - the amount needed to restore the fair market value of the property to its owner (the injured party); and
(b) Special Damages not resulting from the wrongful act or failure to act itself, but from the circumstances after the loss or harm has occurred. Special damages include out-of-pocket items that can be documented, such as the need to rent replacement property (such as a car rental) or the cost of services (such as the cost to have property valued or appraised).

nominal damages A term used when a judge or jury finds in favor of one party to a lawsuit--often because a law requires them to do so--but concludes that no real harm was done and therefore awards a very small amount of money. For example, if one neighbor sues another for libel based on untrue things the second neighbor said about the first, a jury might conclude that although libel technically occurred, no serious damage was done to the first neighbor's reputation and consequentially award nominal damages of $1.00.

punitive damages Sometimes called exemplary damages, awarded over and above special and general damages to punish a losing party's willful or malicious misconduct.

Reliance damages is the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill their obligation

Clausole contrattuali possono essere interpretate in modo diverso a secondo del sistema legale applicato.

Per un rinforzo e consolidamento del concetto di “remedies for Breach of Contracts” rimando a un’ottima presentazione illustrata da Henry R Cheeseman, autore di preziosi testi riguardanti Business Law

Reading 2: pp.80-81 Liquidated damages ex. 5-9

Reading 3: pp.83-84 Understanding contract clauses ex. 17-18

Frasi condizionali pp. 312-327
etra practice conditionals :

7 commenti:

roberta ha detto...

the use of convictions specimens was represented by cases of defamation, breach of voluntary physical integrity and property and increasingly other assumptions about how the producer responsibility, breaches of contractual obligations committed in bad faith, and the lesion civil rights and transgressions of specific rules of law.
Knowledge prior to the damage or dangerous than the actions or omissions is perhaps the most requests for punitive damages.
In a leading case was found that some children had been severely burn after the burning of the tissues of highly flammable pajamas. The production company, informed of the risk, was sentenced to withdraw the product from the market and to pay 1 million dollars in punitive damages

Dott.ssa Maria Lombardi ha detto...


chi era il foro competente per questa controversia?

spiega anche cosa si intende per:
- cases of defamation
- breach of voluntary physical integrity
- to withdraw the product from the market

Roberta Galati - Serena Borrillo - Roberta De Gese ha detto...

"The Uniform Commercial Code"
The Uniform Commercial Code ( UCC or Code )was adopted in the 1960's. it's a uniform act that have been promulgated to harmonize the law of sales and other commercial transictions in all 50 states within the USA.
The UCC deals pimarly with transictions involcing personal property (movable property), not real property (immovable property).
The UCC has been long-term, joint project of the National Conference of Commissioners on Uniform State Laws (NCCULS) and the American Law Institute (ALI).
The Code, as the product of private organizations, is not it self the law, but only recommendation of the las that should be adopted in the states.
Infacts Courts interpreting the Code generally seek to harmonize their interpretations of those f other states that have adopted the same or a similar provision, except where spcific aspects of the Code were changed by the state when adopting it.
since its birth the Code seemed a progressive document.
Over the years there has been a growing need to revise various articles of UCC to reflect the kinds of the technological changes.
In recent years every single article of the Cod has undergon revision.
sono of there revised articles have already been sent on the states for adoption, some are still being debated.

The UCC is dvide into nine articles, each containing povisions that relate to a specific area of Commercial Law.
art.1 provides definitions and general principles that apply to entire Code ("General Provisions";
art.2 covers the sale of goods;
art.3 addresses negotiable inistruments ("Commercial Paper")
art.4 deals with banks and other financial documents;
art.5 provides model laws on letter of credit, which are promises by a bank or some other party to pay the purchases o a buyer without delay and without reference to the buyer's financial solvency.
art.6 imposes an obligation on buyers who orde the major part of the inventory for certain types of business;
art. 7 offers rules on the relationships between buyers and sellers and any transporters of goods, called carries;
art.8 contains rules on the issuance and transfer of stocks;
art.9 covers security interests in real property ( a security interest is a partial or total claim to a piece of proprty to secure the performance of some obligations).
The Uniform Commiercial Code is similar to the V book of italian Civil Code, which covers both civil and commercial law matters.


roberta de gese ha detto...

-cases of defamation: casi di diffamazione;
-breach of voluntary physical integrity: danno volontario all'integrità fisica.
La condanna esemplare è rappresentata da questi due elementi.

-to withdraw the product from the market: l' azienda responsabile di tale accaduto è stata condannata al ritiro della merce dal mercato.

Roberta Galati ha detto...

nominal damages are very small damages awarded to show that the loss or harm suffred was technical rather than actual.
in english jurisdiction nominal damages are generally fixed at $1.
as examples: Mark owns a large lot and his neighbour continually cuts across his property line, he may not have sustained any damage, btan award of nominal damage will vindicate his right to exclusvelycpy his own land.

An injured plaintiff who proves thata defendant's actions caused the injury but fails to submit medical records to show the extent of the injury may be awarded only nominal damages.



Dott.ssa Maria Lombardi ha detto...

un invito a tutti

please quando pubblicate qualcosa assicuratevi che nel testo non ci siano errori di spelling.
Inoltre, sarebbe auspicabile vedere dei lavori di comparazione piuttosto che limitarci a un semplice copia-incolla, non siete d'accordo??

Anonimo ha detto...

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Sorry for offtopic