Docket Digest - March 10th, 2021

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Docket Digest - March 10th, 2021
Good Afternoon,
This week’s Digest includes two segments of #LearnTheLaw about Contract Law and Fair Use within Copyright (Intellectual Property) Law.
Follow us on Twitter @DocketDigest and Instagram @DailyDocketDigest for Daily Updates. DM us with general questions or subjects you would like to know more about!
Without further ado… All rise.

#LearnTheLaw - What is a Contract?
Contracts are promises that the law will enforce to be met. The law behind the security of a contract provides remedies to the harmed party which is commonly resolved in the form of monetary damages. But in limited situations, the court will order “specific performance” of the promise to be made.
The basic elements required for a contract/agreement to be legally enforceable are:
  1. Mutual Assent
  2. A valid Offer and Acceptance has been made
  3. Adequate Consideration from any party involved
  4. Capacity (Usually requires a person to have reached a minimum age and to have soundness of mind.)  
  5. Legality (No parties being bound to perform or engage in illegal activity - the legality of the purpose of the contract is required for the contract to be enforceable.)
VOCABULARY -
Specific Performance - A contractual remedy in which the court orders a party to actually perform its promise as closely as possible because monetary damages are somehow inadequate to fix the harm. (Source: LII)
Breach of Contract - The violation of a contractual obligation. One may breach a contract by repudiating (or denying) a promise, failing to perform a promise, or interfering with another party’s performance.  (Source: LII)
Offer - A promise to do or refrain from doing something in exchange for something else.  An offer must be stated and delivered in a way that would lead a reasonable person to expect a binding contract to arise from its acceptance. (Source: LII)
Acceptance - To form a binding contract, acceptance should be relayed in a manner authorized, requested, or at least reasonably expected by the offeror (Source: LII)
Mutual Assent - Agreement by both parties to a contract. Mutual assent must be proven objectively and is often established by showing an offer and acceptance (e.g., an offer to do X in exchange for Y, followed by an acceptance of that offer). (Source: LII)
Interesting Fact:
The shorthand symbol used for a “contract” is “K” this term is used almost universally by lawyers and law students (Source: Law.com)
#LearnTheLaw - What is Fair Use?
Fair use, in the broadest sense, is the use of copyrighted content without permission from the relevant copyright owner for a restricted and, as the courts define it, “transformative” intent, such as commenting on, criticizing, or parodying such copyrighted work. It is based on the idea that parts of copyrighted works should be free to be used without the copyright owner’s permission. It is a widely used defense by those accused of copyright infringement.
In settling fair use disputes, courts have traditionally looked at four factors:
(1) the intent and character of the use
(2) the nature of the copyrighted work
(3) the volume and substantiality of the portion taken
(4) the impact of the use on the future market.
Section 107 of the Copyright Act provides the statutory framework for determining whether something is fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use. (Source: Copyright.gov)
Including - Star Wars v. Battlestar Galactica, Apple v. Microsoft, James Dyson v. Hoover, Gucci v. Guess, Apple v. Google, and A&M Records v. Napster.
Other Happenings...
Docket Digest 📁⚖️
A former Panda Express employee in Santa Clarita has claimed in a lawsuit that she was forced to strip down to her underwear and hug a partially clothed coworker as part of a “cult-like practice” at a company-sponsored training seminar in 2019.
Docket Digest 📁⚖️
A Las Vegas couple has claimed that they were dissatisfied with their home renovations and are suing the production company of “Property Brothers” and a local construction company. As per the complaint, the matter mainly arose from the “big smiles” & “Hollywood’s bright lights.”
Docket Digest 📁⚖️
A woman from Salem County, New Jersey, has filed a federal lawsuit against Penns Grove and its former police chief, claiming she was falsely identified as a confidential informant for a suspect with connections to a violent street gang.
Thank you for reading!
Credits For Today’s Digest:
Various Content - curated by Alexander M. Baron
Visit www.DocketDigest.com For More Content
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