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Darwin’s (1871) observation that evolution has produced in us certain emotions responding to right and wrong conduct that lack any obvious basis in individual utility is a useful springboard from which to clarify the role of emotion in moral judgment. The problem is whether a certain class of...
Persistent link: https://www.econbiz.de/10014186009
The consumer movement aims to prevent monopoly and encourage competition. The movement encourages the development of standards to eliminate physical hazards from products which endanger safety. The most perplexing problem is to decide when the market left to itself provides the appropriate means...
Persistent link: https://www.econbiz.de/10014162054
This essay discusses the concept of loyalty in fiduciary law. It contrasts fiduciary loyalty with moral conceptions of loyalty, and argues that the distinctiveness of fiduciary loyalty is best appreciated in light of characteristic features of fiduciary relationships. The essay establishes the...
Persistent link: https://www.econbiz.de/10014126546
Class actions play an increasing role in Canadian health litigation, with more and more cases being brought forward to claim compensation for injuries caused by pharmaceutical drugs and other health products. However, the issues of causation these claims raise often create difficulties for...
Persistent link: https://www.econbiz.de/10014078572
The consumer expectations test in products liability law holds firms liable for producing goods that are more dangerous than the reasonable consumer would anticipate. But judicial experience in the majority of states that have utilized the consumer expectations test demonstrates that it is...
Persistent link: https://www.econbiz.de/10014107491
In this article the author outlines some difficulties facing the cyber-shopper. These include the practical difficulties of enforcement and redress which arise when a cyber-shopper purchases a defective product from an overseas supplier, or when misleading information is placed on the internet...
Persistent link: https://www.econbiz.de/10012999359
This article examines the benefits of the class action for New Zealand consumers. It analyses the current operation of the New Zealand class action and recommends significant reform to expand the use of the class action and to give clear specific guidelines on its operation. The author defines a...
Persistent link: https://www.econbiz.de/10012999361
Commentary, case law, and business practices all indicate the need for consumers to recognize a franchisee's independence and to understand the basic legal implications thereof. These consumers should know with whom they are dealing and what that means for the prospective liability of...
Persistent link: https://www.econbiz.de/10012889287
Persistent link: https://www.econbiz.de/10013073724
In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and...
Persistent link: https://www.econbiz.de/10014359032