Stealing the good name of the company: the Fourth Circuit strengthens constitutional barriers for corporate defamation plaintiffs
Article Abstract:
The US Court of Appeals for the 4th Circuit, in Biospherics, Inc. v. Forbes, Inc., made it extremely difficult for corporations to protect their stock value from the defamatory statements of defendants. The case concerned a company whose share price dropped after a stock tip column in Forbes magazine questioned its value. Contrary to the court's First Amendment analysis, defamed corporations should confront the same requirements as individuals in proving defamatory statements of fact.
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1999
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Much ado leads to nothing: that "basis of the bargain" in Section 2-313 of the Uniform Commercial Code should be eliminated is still lost on drafters
Article Abstract:
The proposed Revised UCC 2-403, which will replace existing UCC 2-313, unfortunately retains the phrase "benefit of the bargain" in relation to breach of express warranty. Legal scholars have much criticized this phrase as too vague to inform plaintiff-buyers of exactly what elements they must prove to succeed in an action for breach of express warranty. The Revised UCC's attempt to repair this deficiency with an inadequate definition is equally misguided.
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1999
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