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eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), is a case in which the Supreme Court of the United States unanimously determined that an injunction should not be automatically issued based on a finding of patent infringement, but also that an injunction should not be denied simply on the basis that the plaintiff does not practice the patented invention. [1]
A contract may state a period of notice which either/any party is required to give to the other contractual parties. The contract between Winter Garden Theatre (London) Ltd. and Millennium Productions Ltd., which gave rise to a 1948 legal case, stated that Millennium would have to give a month's notice if it wished to terminate, but Winter Garden's obligations were not stated.
Many U.S. states impose versions of those cooling-off period laws, and offer similar laws for an additional range of transactions, such as time share purchases and health club contracts. For example, California provides cooling-off periods for many consumer transactions, including insurance purchases, car warranties, dental services, and weight ...
An automatic renewal clause is used in the insurance and healthcare industries . An automatic renewal clause (also referred to as an evergreen clause), is activated towards the end of the contractual period whereby it automatically renews the terms of an agreement except when the contract is terminated (through mutual agreement or contract breach), or one of the contracting parties has sent a ...
The online service provider may additionally limit its liability for the removal of the material itself as well as its liability for restoring the removed material, by complying with a counter notification process. [5] [6] In this process, the service provider must promptly inform the subscriber of the removal of the content. [7]
A product recall is a request from a manufacturer to return a product after the discovery of safety issues or product defects that might endanger the consumer or put the maker or seller at risk of legal action. Product recalls are one of a number of corrective actions that can be taken for products that are deemed to be unsafe.
Mistake of law is when a party enters into a contract without the knowledge of the law in the country. The contract is affected by such mistakes, but it is not void. The reason here is that ignorance of law is not an excuse. However, if a party is induced to enter into a contract by the mistake of law then such a contract is not valid. [3]
The UCC was designed "to simplify, clarify, modernize, and make uniform the law of commercial transactions." [3] In a contract for the sale of goods, if the goods fail to conform exactly to the description in the contract (whether as to quality, quantity, or manner of delivery) the buyer may nonetheless accept the goods, or reject the goods, or ...