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In constitutional and administrative law, reasonableness is a lens through which courts examine the constitutionality or lawfulness of legislation and regulation. [12] [13] [14] According to Paul Craig, it is "concerned with review of the weight and balance accorded by the primary decision-maker to factors that have been or can be deemed relevant in pursuit of a prima facie allowable purpose".
Among the criteria used to determine the fairness of a use are the purpose and character of the dealing, the nature of the work, the possibility of obtaining the work commercially within a reasonable time, the effect of the use on the potential market for the work or on its value, and how much of a work is copied.
Reasonable time is that amount of time which is fairly necessary, conveniently, to do whatever is required to be done, as soon as circumstances permit. [1] As a U.S. legal term, the phrase has been a topic of controversy for many years. It is generally used in reference to performing an action or remitting payment, but this is a very vague term ...
Incidental damages refers to the type of legal damages that are reasonably associated with, or related to, actual damages.. In American commercial law, incidental damages are a seller's commercially reasonable expenses incurred in stopping delivery or in transporting and caring for goods after a buyer's breach of contract, (UCC Sec. 2-710) or a buyer's expenses reasonably incurred, e.g ...
Our software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212.
When the buyer learns of repudiation plus a commercially reasonable time UCC 2-610(a) gives this indication, the purchaser would be waiting at your risk if the vendor determined the market price at the time you learn of repudiation.
For example, this would commonly invite one to examine the commercial purpose of the transaction, its background and context, common practices etc. [118] [119] [120] Moreover, courts tend to favour an interpretation that produces a reasonable commercially accepted result and avoids unjust or inconvenient consequences to both parties. [121]
All the factors are considered and balanced in each case: a book reviewer who quotes a paragraph as an example of the author's style will probably fall under fair use even though they may sell their review commercially; but a non-profit educational website that reproduces whole articles from technical magazines will probably be found to ...