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Articles 61 - 67 of 67
Full-Text Articles in Consumer Protection Law
Tying Arrangements Under The Antitrust Laws: The "Integrity Of The Product" Defense, F. Bruce Kulp Jr.
Tying Arrangements Under The Antitrust Laws: The "Integrity Of The Product" Defense, F. Bruce Kulp Jr.
Michigan Law Review
One of the most frequently asserted defenses to an action under either the Sherman Act or the Clayton Act against a tying arrangement-a contractual limitation imposed by a manufacturer whereby the purchaser of the "tying product" agrees to purchase a related "tied product" only from the manufacturer of the tying product-has been that the tying was necessary to protect the good will or the integrity of the tying product. Whether the tied product is service for the tying product, another component in a system in which the tying product is used, repair parts for the tying product, or any other …
Usury-Applicability Of State Usury Laws To Installment Sales, John H. Blish
Usury-Applicability Of State Usury Laws To Installment Sales, John H. Blish
Michigan Law Review
Plaintiff sued a vendor and a finance company to cancel a conditional sales contract and note, for return of payments made, and to obtain an unencumbered certificate of title to a house trailer. The trailer's cash price was 5,000 dollars and plaintiff had paid 1,250 dollars down. Charges of 1,569 dollars were added, making the total time-price 6,569 dollars and leaving a time-balance of 5,319 dollars, payable in sixty monthly installments. The contract and note were immediately assigned to the finance company. Plaintiff based his claim on Nebraska's Installment Loan Act, alleging that the difference between the cash price and …
Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.
Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.
Michigan Law Review
Plaintiff sustained injuries in the course of his employment when a defective abrasive wheel, while being used in its intended manner, exploded in his face. The abrasive wheel was purchased by plaintiff's employer directly from the manufacturer. Plaintiff sought recovery from the manufacturer on two grounds: negligence in the manufacture of the abrasive wheel and breach of implied warranty for fitness of purpose. The negligence issue was submitted to the jury, which returned a verdict adverse to the plaintiff. The manufacturer's demurrer to the cause of action based upon implied warranty was sustained by the trial court. On appeal from …
Insurance - Federal Regulation - Authority Of Federal Trade Commission To Regulate False Advertising By Insurance Companies As Affected By The Mccarran-Ferguson Act, Charles C. Moore S.Ed.
Insurance - Federal Regulation - Authority Of Federal Trade Commission To Regulate False Advertising By Insurance Companies As Affected By The Mccarran-Ferguson Act, Charles C. Moore S.Ed.
Michigan Law Review
Petitioner, the FTC, issued cease and desist orders prohibiting respondent health and accident insurance companies, doing business in interstate commerce, from disseminating allegedly false and deceptive advertising through the medium of local agents. These orders, issued pursuant to the FTC act, sought to proscribe such activity both in states that had statutes prohibiting unfair and deceptive practices and in states that did not. The Courts of Appeals for the Fifth and Sixth Circuits concluded that the FTC had no authority to regulate such advertising in states which had prohibitory legislation. On certiorari to the United States Supreme Court, held, …
Regulation Of Business - Jurisdiction Of The Civil Aeronautics Board And The Federal Trade Commission - Investigations In The Interest Of The Public, Robert W. Steele S.Ed.
Regulation Of Business - Jurisdiction Of The Civil Aeronautics Board And The Federal Trade Commission - Investigations In The Interest Of The Public, Robert W. Steele S.Ed.
Michigan Law Review
Petitioner, American Airlines, filed a memorandum with the Civil Aeronautics Board requesting that respondent's request for registration of the name North American Airlines be denied. Section 411 of the Civil Aeronautics Act provides that the board has the authority to prevent air carriers from engaging in unfair methods of competition in commerce and unfair or deceptive acts or practices, and may issue a complaint against any air carrier when it shall appear to the board that a proceeding by it would be in the interest of the public. The board found that the public was confused as to the origin …
Torts - Liability Of Supplier Of Chattel - Proof Of Manufacturer's Negligence, Whitmore Gray
Torts - Liability Of Supplier Of Chattel - Proof Of Manufacturer's Negligence, Whitmore Gray
Michigan Law Review
Plaintiff service station operator brought an action to recover for injuries resulting from the explosion of one of defendant manufacturer's tires. The tire, while admittedly new, had been purchased by a third party some eighteen months before being brought to the plaintiff for mounting. In addition to his own testimony, the only evidence supporting plaintiff's claim of negligence was expert testimony that such an explosion could be caused by defective wire in the bead when a tire was inflated to normal pressure, and also that there was opportunity for negligence in defendant's manufacturing processes. The district court set aside the …
Unwary Purchaser, Edward S. Rogers
Unwary Purchaser, Edward S. Rogers
Michigan Law Review
Anyone who has occasion to examine the cases involving trade mark infringement and other forms of unfair trading by the imitation of names, labels, packages and the like, must at once be struck by their irreconcilable conflict. While, of course, the facts in no two cases are alike, this diversity cannot account for the variance in result. The rule of law to be applied is not seriously disputed. The Lord Ordinary's definition of infringement, in Smith v. Carron, 13 R. P. C. 109, III, can hardly be improved upon: "A trade mark is infringed when goods are sent into the …