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Escola v. Coca-Cola Bottling Co., 24 Cal.2d 453, 150 P.2d 436 (1944), was a decision of the Supreme Court of California involving an injury caused by an exploding bottle of Coca-Cola.
The court refused to impose direct liability on Netcom for making copies. The court first reasoned that in contrast with the MAI case, Netcom did not take any affirmative action that could result in copying of RTC's work. The mere fact that Netcom's system incidentally made temporary copies of plaintiff's work did not mean Netcom had caused the ...
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator.
One of the theories widely accepted as a basis for liability in copyright infringement cases is vicarious liability. [7] The concept of vicarious liability was developed in the Second Circuit as an extension of the common law doctrine of agency – respondeat superior (the responsibility of the superior for the acts of their subordinate ...
The general rule in criminal law is that there is no vicarious liability. This reflects the general principle that crime is composed of both an actus reus (the Latin tag for "guilty act") and a mens rea (the Latin tag for "guilty mind") and that a person should only be convicted if they are directly responsible for causing both elements to occur at the same time (see concurrence).
Grokster case is frequently characterized as a re-examination of the issues in Sony precedent, in light of rapidly progressing technologies and consumer behaviors. MGM and the other plaintiffs argued that makers of file sharing technology should held liable for their users' copyright infringement, via the contributory and vicarious infringement ...
In this case, Perfect 10 sued Visa International, MasterCard International, and several affiliated banks and data processing services, alleging secondary liability under federal copyright and trademark law, secondary liability under California statutory and common law, and violations of California laws proscribing unfair competition and false ...
In such a case, while a defendant, as the car's original owner, could possibly "avoid liability by transferring all incidents of ownership of a vehicle to a family business, the defendant will remain liable under the family purpose doctrine where, at the time of the accident in which the plaintiff is injured, the defendant retains some degree ...