Friday, December 27, 2019

Definitions of Defamation, Libel, and Slander

â€Å"Defamation of character† is a legal term referring to any false statement—called a â€Å"defamatory† statement—that harms another person’s reputation or causes them other demonstrable damages such as financial loss or emotional distress. Rather than a criminal offense, defamation is a civil wrong or â€Å"tort.† Victims of defamation can sue the person who made the defamatory statement for damages in civil court. Statements of personal opinion are usually not considered to be defamatory unless they are phrased as being factual. For example, the statement, â€Å"I think Senator Smith takes bribes,† would probably be considered opinion, rather than defamation. However, the statement, â€Å"Senator Smith has taken many bribes,† if proven untrue, could be considered legally defamatory. Libel vs. Slander Civil law recognizes two types of defamation: â€Å"libel† and â€Å"slander.† Libel is defined as a defamatory statement that appears in written form. Slander is defined as a spoken or oral defamatory statement. Many libelous statements appear as articles or comments on websites and blogs, or as comments in publicly-accessible chat rooms and forums. Libelous statements appear less often in letters to the editor sections of printed newspapers and magazines because their editors typically screen out such comments. As spoken statements, slander can happen anywhere. However, to amount to slander, the statement must be made to a third party—someone other than the person being defamed. For example, if Joe tells Bill something false about Mary, Mary could sue Joe for defamation if she could prove that she had suffered actual damages as a result of Joe’s slanderous statement. Because written defamatory statements remain publicly visible longer than spoken statements, most courts, juries, and attorneys consider libel to be more potentially harmful to the victim than slander. As a result, monetary awards and settlements in libel cases tend to be larger than those in slander cases. While the line between opinion and defamation is fine and potentially dangerous, the courts are generally hesitant to punish every off-hand insult or slur made in the heat of an argument. Many such statements, while derogatory, are not necessarily defamatory. Under the law, the elements of defamation must be proven. How Is Defamation Proven? While the laws of defamation vary from state to state, there are commonly applied rules. To be found legally defamatory in court, a statement must be proven to have been all of the following: Published (made public): The statement must have been seen or heard by at least one other person than the person who wrote or said it.False: Unless a statement is false, it cannot be considered harmful. Thus, most statements of personal opinion do not constitute defamation unless they can objectively be proven false. For example, â€Å"This is the worst car I have ever driven,† cannot be proven to be false.Unprivileged: The courts have held that in some circumstances, false statements—even if injurious—are protected or â€Å"privileged,† meaning they cannot be considered legally defamatory. For example, witnesses who lie in court, while they can be prosecuted for the criminal offense of perjury, cannot be sued in civil court for defamation.Damaging or Injurious:   The statement must have resulted in some demonstrable harm to the plaintiff. For example, the statement caused them to be fired, denied a loan, shunned by family or friends, or harassed by the media. Lawyers generally consider showing actual harm to be the hardest part of proving defamation. Merely having the â€Å"potential† to cause harm is not enough. It must be proven that the false statement has ruined the victim’s reputation. Business owners, for example, must prove that the statement has caused them a substantial loss of revenue. Not only can actual damages be hard to prove, victims must wait until the statement has caused them problems before they can seek legal recourse. Merely feeling embarrassed by a false statement is rarely held to prove defamation.  Ã‚   However, the courts will sometimes automatically presume some types of especially devastating false statements to be defamatory. In general, any statement falsely accusing another person of committing a serious crime, if it was made maliciously or recklessly, may be presumed to constitute defamation. Defamation and Freedom of the Press In discussing defamation of character, it is important to remember that the First Amendment to the U.S. Constitution protects both freedom of speech and freedom of the press. Since in America  the governed are assured the right to criticize the people who govern them, public officials are given the least protection from defamation. In the 1964 case of New York Times v. Sullivan, the U.S. Supreme Court ruled 9-0 that certain statements, while defamatory, are specifically protected by the First Amendment. The case concerned a full-page, paid advertisement published in The New York Times claiming that the arrest of Rev. Martin Luther King, Jr. by Montgomery City, Alabama, police on charges of perjury had been part of a campaign by city leaders to destroy Rev. Kings efforts to integrate public facilities and increase the black vote. Montgomery city commissioner L. B. Sullivan sued The Times for libel, claiming that the allegations in the ad against the Montgomery police had defamed him personally. Under Alabama state law, Sullivan was not required to prove he had been harmed, and since it was proven that the ad contained factual errors, Sullivan won a $500,000 judgment in state court. The Times appealed to the Supreme Court, claiming that it had been unaware of the errors in the ad and that the judgment had infring ed on its First Amendment freedoms of speech and the press. In its landmark decision better defining the scope of â€Å"freedom of the press,† the Supreme Court ruled that the publication of certain defamatory statements about the actions of public officials were protected by the First Amendment. The unanimous Court stressed the importance of â€Å"a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.† The Court further acknowledged that in public discussion about public figures like politicians, mistakes—if â€Å"honestly made†Ã¢â‚¬â€should be protected from defamation claims. Under the Court’s ruling, public officials can sue for defamation only if the false statements about them were made with â€Å"actual intent.† Actual intent means that the person who spoke or published the damaging statement either knew it was false or did not care whether it was true or not. For example, when a newspaper editor doubts the truth of a statement but publishes it without checking the facts. American writers and publishers are also protected from libel judgments issued against them in foreign courts by the SPEECH Act signed into law by President Barack Obama in 2010. Officially titled the Securing the Protection of our Enduring and Established Constitutional Heritage Act, the SPEECH act makes foreign libel judgments unenforceable in U.S. courts unless the laws of the foreign government provide at least as much protection of the freedom of speech as the U.S. First Amendment. In other words, unless the defendant would have been found guilty of libel  even if the case had been tried in the United States, under U.S. law, the foreign court’s judgment would not be enforced in U.S. courts. Finally, the â€Å"Fair Comment and Criticism† doctrine protects reporters and publishers from charges of defamation arising from articles such as movie and book reviews, and opinion-editorial columns. Key Takeaways: Defamation of Character Defamation refers to any false statement that harms another person’s reputation or causes them other damages such as financial loss or emotional distress.Defamation is a civil wrong, rather than a criminal offense. Victims of defamation can sue for damages in civil court.There are two forms of defamation: â€Å"libel,† a damaging written false statement, and â€Å"slander,† a damaging spoken or oral false statement.   Sources â€Å"Defamation FAQs.† Media Law Resource Center.  Ã¢â‚¬Å"Opinion and Fair Comment Privileges.† Digital Media Law Project.â€Å"SPEECH Act.† U.S. Government Printing OfficeFranklin, Mark A. (1963). â€Å"The Origins and Constitutionality of Limitations on Truth as a Defense in Tort Law.† Stanford Law Reviewâ€Å"Defamation.† Digital Media Law Project

Wednesday, December 18, 2019

How Boys Become MenA Rites Of Passage For African-American

How Boys Become Men: A Rites of Passage for African-American Boys Adolescence can be the most crucial part of a person’s development. It is the time of transition into adulthood. The experiences gathered this time of a person’s life have lasting effects that linger long into adulthood. Proper guidance and support during this time is a person’s life is essential to ensuring that the person is able to become a successful adult in society. However, many African-American youth are lacking this type of support and guidance during this critical stage in life. Disproportionately some African American male adolescents aren’t provided proper mechanisms for their transition to manhood. Some sociologists believe that the lack of a rites of†¦show more content†¦Without structural guidelines to follow, this may lead these individuals to adopt rules that may be more negative than positive. While prevalent within the African- American culture, this is expe rienced by many adolescent boys in the United States as stated within The Norton Sampler 8th Edition, â€Å"Boys live in a world with its own Code of Conduct, a set of values of ruthless, unspoken, and unyielding rules†( Katz 317). However, in American media and culture it is evident that African-American boys encounter more hardships and are more prone to making bad decisions. In order to combat this, implementation of rites of passage would suffice. One important aspect of African rites of passage is explicit guidance. Boys are signaled to begin their transition into manhood by first being separated from childhood roles and sometimes their parents (Baker, â€Å"Egbe Akokonrin Rites of Passage†). This activity would be the first step of the program and initiated by an adult who has undergone this rites of passage program previously. 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Tuesday, December 10, 2019

Contract Law Combination of Rules and Regulations

Question: Discuss about the Contract Law Combination of Rules and Regulations. Answer: Introduction: Invitation to offer means when a person has posted an offer inviting people or other party to make an offer to him, which is not binding, in the initial stage. However, when the invitation to offer is accepted, an offer is made from the opposite party in response to which the other party either accepts the offer or rejects it. If the other party accepts the offer made then a legal contract may be formed between the parties. This means that for formation of a valid contract, it is very important that the other party accepts the offer and to make a contract legally binding, consideration has to be paid in return. As it is said that, no consideration, no contract. With this it may be concluded that offer, acceptance and consideration are the three most elements required to make a contract legally binding. Moreover, legal consent of the other party is needed and the parties to the contract should be of sound mind and major. Therefore, to make a contract legally binding so that damages and compensation can be claimed it is important that all the necessary elements in the contract are fulfilled. In the case of Carlill v. Carbolic Smoke Ball Co, the Court of Appeal in the United Kingdom held that an advertisement having terms of contract in which an award is to be received to the plaintiff, the same should be given by the company if the opposite party fulfills the terms of the contract. In this case, a legal and binding contract existed between both the parties, which made the contract legally binding on the opposite party. In the given case study, Rajeev was interested in buying a car having only 8000 dollars to spend. He saw an advertisement in the newspaper and told the car owner, Paul that he would be interested in buying the car. Rajeev signed the registration transfer paper and said that he would deposit the remaining money a day later. However, next day he did not return with the deposit nor was he further interested in buying the car. This disappointed Paul. However, Paul is not entitled to claim any damages or compensation from Rajeev, as they have not satisfied all the legal formalities of formation of contract. Paul made an invitation to offer for selling the car to which Rajeev, as a response, made an offer to Paul. Paul accepted his offer. Thus, the legal formality of offer and acceptance is completed. However, if we take note of the case study, then it may be said that Rajeev did not give consideration amount to Paul. He promised to pay the deposit next day, however, he never paid the deposit to Paul. With this it may be said that legal contract did not exist between Paul and Rajeev. Contract law is a combination of rules and regulations that is directed towards enforcing a set of promises. In Australia, contract law is regulated by common law however; the statutes link up with the common law of contract. As already discusses earlier, for a contract to be legally binding and enforceable it is important that all the essential elements of the contract are fulfilled, such as, offer, acceptance, consent, sound mind and a major. If both the parties fulfill these elements, a contract is valid. In case of infringement of contract, the other party may bring an action against another for damages or compensation. In the case of Alati v. Kruger, the issue was whether rescission of contract would restore the previous legal status of the parties to the contract. In this case, the Court held that since P had relied on the representation made by D, a contract existed between the parties on the ground of representation that was made. In this case, the Judge granted rescission of the contract. In this case, rescission was a good option as the other party relied on the representation made by the opposite party. Rescission ins simple language means cancellation of the contract and return of the parties to the positions from where they initiated the contract. In the given case, Rajeev could not insure the paintings for their value as his children had damaged one of the paintings damaging it to the point that it could not be repaired. In the given case, rescission of contract would not be a good remedy, as it would not help Bhanu restore the value of his paintings. As the paintings were very valuable and costly in price thus, the best option available to Bhanu is damages and compensation. Damages and compensation are the best common law remedies available in case of breach of contract. Rescission of contract would not provide Bhanu the value of the insured paintings. Conclusively, it may be held that Bhanu should not chose rescission or restoration of original position of the parties to the contract rather, file a suit against Rajeev for compensation or damages for breach of contract against Rajeev. Based on the facts, the issue that arises here is whether damages or injunction would be an appropriate remedy for Bhanu or not? Relevant Rule: Damages and liquidated remedies are the common type of remedy that is granted to people in case of breach of contract. Court grants damages to people in terms of monetary compensation. This means that on breach of contract, liquidated damages is granted to the opposite party. However, an injunction is an order that is passed by the Court for the parties either to do something or not to do something. This kind of relief is appropriate when the Court aims to prevent a given action. Injunctions and specific performance of contract are regarded as equitable remedies in case of breach of contract. Specific performance of contract is an order that is passed by the court directing the breaching party to perform the contract in a manner as ordered by the Court. In the case of Dougan v. Ley, the High Court of Australia held that, since the sale value of the taxi is majorly related to the original value of the taxi thus in that case damages would not be an adequate remedy as it would not be sufficient to replace the value of taxi license. Application: In the given case study as well, damages and injunction would not be an appropriate remedy as monetarily Bhanu would not be undergoing any loss. He relied on Shane that he would be buying the house by paying the remaining deposit, thus, in this case Bhanu should claim for specific performance of the contract. In this case, it would be Shane who would go monetary loss as he would not get back the deposit to Bhanu. Thus, the best remedy available for Bhanu is to seek for specific performance of the contract. Restitution would not be an appropriate remedy in this case, as Shane would have to give his gains to Bhanu. Restitution ideally takes place when the other party makes a gain or profit out of the existing contract and does not share the gains; in this case, Shane has not earned any profits. He has simply changed his mind for not buying the house anymore, therefore for the given case the best remedy is specific performance of contract ordering Shane to resume with the contract of sale and purchase. Specific performance of contract shall be the ideal remedy and not damages and injunction for the given case. Bibliography: Clive Turner, John Trone, Australian Commercial Law' (2015, 30th Edition), Thomson Reuters

Tuesday, December 3, 2019

Louis Vuitton in Japan

Abstract Japan is a lucrative market for global luxury brands. Many companies have realized this fact and have concentrated most of their operations in this country. Louis Vuitton is no exception. It succeeded in this market. This paper shows that the unique demographics of the Asian country and the company’s aggressive marketing campaigns have contributed to its Japanese success.Advertising We will write a custom essay sample on Louis Vuitton in Japan specifically for you for only $16.05 $11/page Learn More Evidences from this paper also show that poor economic conditions and changing customer preferences, in Japan, threaten the French-based company’s profitability. Nonetheless, there are many opportunities for increasing its sales growth. This paper suggests that the company should open new stores in mid-sized towns to increase its brand presence in the market. Similarly, it suggests the need to improve the popularity of Louis Vuitton bra nds by undertaking more local marketing campaigns. Overall, this paper shows that although Japan accounts for most of Louis Vuitton’s profits, the company could increase its dominance in this market by adopting new marketing strategies. Introduction Louis Vuitton is a global luxury brand that has operated in the Japanese market for more than four decades (Ivey, 2008). As a case study, this paper explores how the French-based company started its operations in the Asian nation and why it has achieved tremendous success in this market. Since Louis Vuitton is a successful global entity, this paper also investigates whether global economic conditions affect its operations. Similarly, it highlights how the company can overcome some of these challenges and exploit the demographics of the Japanese market to improve its market success. These analyses give a comprehensive understanding of Louis Vuitton’s operations in Japan. Why Louis Vuitton Succeeded in the Japanese Market Jap an is an important market for Louis Vuitton because it accounts for almost 50% of the company’s profits (Ivey, 2008). Aggressive marketing campaigns have boosted the brand’s profile in the country’s fashion industry. The success of the Omotesando marketing campaign, in Japan, attests to this fact (Ivey, 2008). Such campaigns have provided a platform for introducing extravagant stores in several parts of the Asian country (including successful outlets in Ginza and Roppongi) (Ivey, 2008). Besides its aggressive advertising strategy, Louis Vuitton’s success, in Japan, also stems from the company’s pricing strategy.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More In the past, the company adopted a premium pricing strategy for its branded products, but uncertain economic conditions have made it untenable for the company to continue doing so. Since then, it has changed its strategy and now adopts a flexible pricing plan that portrays the Louis Vuitton brand as affordable. This strategy largely boosted the brand’s sales. Opportunities and Challenges for Louis Vuitton in Japan Challenges: Poor economic conditions and changing customer preferences present the most notable challenges for Louis Vuitton’s operations in the Japanese market. These challenges affect the company’s sales and make it difficult for the brand to understand the nature of future fashion trends. Opportunities: Undoubtedly, there is a notable market presence of the Louis Vuitton brand in Japan. However, there is a lot of potential for the company to expand its operations in mid-sized cities and other locations where the brand does not have a notable market presence. This move would popularize the brand (further) and increase its revenue streams. Specifics of the Japanese Fashion Luxury Market The Japanese fashion market has accepted Louis Vuitton becaus e of its unique social and economic dynamics that differentiate it from western markets. For example, besides being fashion-conscious people, the Japanese society buys luxury brands as a status symbol. Moreover, a demographic analysis of the market shows a large middle-income population that affords luxury brands, such as Louis Vuitton. Furthermore, there is a huge population of middle-aged women who prefer to update their fashion, often (Ivey, 2008). Lastly, the Japanese culture requires people to dress according to their social status. People who have a high income prefer to have fashionable products like Louis Vuitton. This is why many global luxury brands depend on Japan to support their global operations (Ivey, 2008). Original Entry Strategy of Louis Vuitton in Japan and the Strategies it adopted to strengthen its Market Presence Louis Vuitton’s entry into the Japanese market started in 1977 through a direct market entry strategy. Albeit controversial, this strategy allo wed the company to acquire two stores. The stores were departmental and stocked a few brands. They accounted for more than $10 million (in annual profits) after selling directly exported fashion products from France (Ivey, 2008). The success of the stores paved the way for expanding the company’s network of outlets. Statistics, from 2007, show that Louis Vuitton owns more than 54 stores in Japan (Ivey, 2008). However, as a group, the company manages about 250 stores in the same market (Ivey, 2008). In the last decade, the brand has changed its operational strategy by operating some stores as franchises. Most of them are in Nagoya, Osaka, and Tokyo.Advertising We will write a custom essay sample on Louis Vuitton in Japan specifically for you for only $16.05 $11/page Learn More Will the Global Financial Crisis Affect Louis Vuitton and how will the Company Overcome it? Louis Vuitton is vulnerable to the intrigues of the global economy. Its vulnerabi lity stems from its reliance on tourist markets and disposable income fluctuations. Therefore, when the global economy suffers from terrorism threats and poor economic outcomes, the company suffers declined sales. Louis Vuitton learned this lesson in Japan after the 2001 terrorist attack in the US and the 2007/2008 economic crisis. It suffered decreased sales from low tourist numbers and a growing hesitation by shoppers to spend their money on expensive luxury items. To overcome such challenges, the company needs to localize its marketing strategy and grow its domestic markets (Melicher Norton, 2014). This strategy would make most of its global stores independent. For example, instead of relying on tourist markets to support the Japanese stores, the company should popularize its products to the Japanese people and make its stores independent. Therefore, when, an economic crisis happens in one part of the world, other stores (that do not operate in the affected regions) are not affe cted (Pearce Robinson, 2013). Conclusion Louis Vuitton’s Japanese success mirrors the success of other global luxury brands in the same market. This paper shows that the unique demographics of the Asian country largely contribute to a growing demand for Louis Vuitton products in Japan. Poor economic conditions and changing customer preferences emerge as the main challenges of the French-based company. However, there are many opportunities for increasing its sales numbers. Consequently, this paper suggests that the company should open new stores in mid-sized towns to increase its brand presence in Japan. Focusing on improving Louis Vuitton’s popularity in the country would also reduce the company’s reliance on overseas markets. Overall, although Japan accounts for most of Louis Vuitton’s profit, the company could benefit from adopting new strategies to improve its dominance in this market. References Ivey, R. (2008). Louis Vuitton in Japan. Retrieved from https://www.asiapacific.ca/Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Melicher, R. W., Norton, E. A. (2014). Introduction to Finance: Markets, Investments,  and Financial Management. Hoboken, NJ: John Wiley. Pearce, J., Robinson, R. (2013). Strategic Management: Planning for Domestic   Global Competition. Boston, MA: McGraw Hill. This essay on Louis Vuitton in Japan was written and submitted by user Anderson Everett to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.