Product Liability, Advertising Ethics, and Key Workplace Rights
Consumer Safety and Product Liability
Key Legal Concepts in Product Liability
- MacPherson v. Buick Motor Car Case
- Expanded the liability of manufacturers for injuries caused by defective products.
- Due Care
- The idea that consumers and sellers do not meet as equals, and that consumers’ interests are particularly vulnerable to harm by the manufacturer, who possesses knowledge and expertise the consumer lacks.
- Caveat Emptor
- Latin phrase meaning, “Let the buyer beware.”
Strict Product Liability and Utilitarianism
- Strict
Legal Defenses: Grounds for Exemption from Criminal Liability
Article 10: Grounds for Exemption from Criminal Liability
The following persons are exempt from criminal liability:
Mental Incapacity
The mentally incapacitated or insane person, unless they have acted during a lucid interval, and who, for whatever reason beyond their control, is totally deprived of reason.
Heading a second. REPEALED
Heading third. REPEALED
Minors
The youngest of eighteen (18) years. The responsibility of those under eighteen and over fourteen (14) years shall be governed by the provisions
Legal Essentials: Contract Law, Sale of Goods, and Arbitration
Elements of a Valid Contract
A contract is a legally binding agreement between two or more parties that creates mutual obligations enforceable by law. For a contract to be valid, it must include essential elements:
- Offer: A proposal made by one party to another, indicating a willingness to enter into a bargain. The offer must be clear, definite, and communicated.
- Acceptance: The willingness of the other party to enter into the bargain on the terms proposed in the offer. Acceptance can be expressed
Spain’s 1845 Constitution: Moderate Era Political Reform
The Spanish Constitution of 1845: Historical Context
The Constitution of 1845 is a legal, political, and historical document. It represented a constitutional reform of 1837, incorporating conservative ideas. Its enactment in 1845 coincided with a period of conflict between Moderates and Liberals, with the Moderates forming the majority. The framers of the Constitution of 1845 were members of the moderate government in Spain. After the fall of Espartero in 1843 and the proclamation of the coming of
Read MoreEmployment Contract Termination: Legal Framework
This document outlines the general provisions and specific articles of the Labor Code concerning the termination of employment contracts.
General Provisions for Contract Termination
- The employment contract can only be terminated according to Labor Code Articles 159, 160, and 161.
- Termination may occur immediately ipso facto under certain conditions.
- The employer is obligated to pay compensation for years of service when applicable.
- The employer must always report the termination of the contract.
- A medical
Legal Principles of Rights: Acquisition, Loss, and Prescription
Acquisition of Subjective Rights
Acquisition of a right is when a person becomes its holder. It can be:
Original Acquisition
If not based on any previous law, one becomes an ex novo holder; the thing does not belong to anyone prior.
Derivative Acquisition
When the right is based on the loss of it by the previous owner. There are two types:
Translational Acquisition
This occurs when the buyer purchases the property derivatively because the seller is deprived of it; i.e., the same right is transferred from