Exam 3 Court Cases

Hadley v. Baxendale

Established the principle of foreseeability in damages. Ruled that damages must be a natural consequence of a breach of contract and that parties are only liable for losses that were reasonably foreseeable at the time the contract was made.

A&M Records v. Napster

Copyright law that established that peer to peer file sharing sites could be held liable for contributory and vicarious infringement. Napster knew and encouraged infringement and had a financial interest in the activity

MGM v. Grokster

Copyright infringement in the notion that software distributors could be secondarily liable for acts of copyright infringement by their users.

LVMH v. Haute Diggity Dog

Trademarks case that decided that the successful parodys of the Chewy Vutton was not trademark infringement

Jacob & Youngs v. Kent

Contract case: stated that Jacob and Young breached contract, however Kent still owes as they substantially performed.

Hamer v Sidway

Contract case: grandson forbode from drinking and partying until he was 21 in exchange for payment. Ruling: consideration exists if a party agrees to a detriment

Harvey V Facey

a party that lists a price for an item doesn’t necessarly offer it for sale.

Leonard v Pepsico

Advertisement for Harrier Jet was not a valid offer because no reasonable person would believe it was serious

Stilk v Myrick

Is performing an existing contractual duty counts as valid consideration. No new consideration, so no enforceable contract for extra pay