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Commercial Law

A Checklist for Product Recalls

“Consumers no longer view product recalls in a negative light. Millions of products have been recalled… How well a company conducts a timely, reasonable recall of a product can have a strong influence on consumers’ attitude about the firm. Successful product recalls in the past have rewarded companies with continuing consumer support and demand for […]
Commercial Law

Be Cautious When Accepting Checks

Check fraud costs individuals, businesses and financial institutions as much as $12 billion annually, according to some estimates. Forged checks have always been a problem. However, inexpensive laser printers and check quality paper that is easily accessible makes check fraud more of a problem today than ever before. When a Check Bounces If you receive […]
Commercial Law

Labels Must Contain Accurate Information

Since the time of Shakespeare, people have been asking: “What’s in a name?” Two separate cases involving Smucker’s fruit spreads illustrate some of the issues involved in a product’s name. J.M. Smucker Co. was sued twice for deceptive trade practices because it named one of its products “Simply 100 Percent Fruit.” Labeling Law A law […]
Commercial Law

Satisfaction Guaranteed?

If you’re in the business of selling or manufacturing products, then you’re in the business of offering warranties — whether you realize it or not. Basically, a warranty is a guarantee that an item is of a certain quality or has certain attributes. Offering written warranties makes good business sense. They help assure customers that […]
Commercial Law

Guarantee the Accuracy of Warranty Ads

Advertising is at the core of attracting new customers, publicizing products and building profits. Advertisements frequently focus on a certain aspect of a product, such as its ease of use, ergonomic design or superiority over the competition. Whatever you choose to emphasize, the Federal Trade Commission Act generally prohibits that ads contain “unfair or deceptive […]
Commercial Law

Holding Customers’ Property? Know the Rights and Duties of Bailments

Is your business in the practice of taking physical possession of another party’s property? If so, this may result in a legal relationship called a “bailment” and you should be aware of your rights and duties in this situation. Here are some common examples of when bailments are created: Computer owners leave their equipment at […]
Commercial Law

If You Say It Is Free, It Better Be

The word “free” attracts attention, generates phone calls, brings customers to websites and can boost volume. In fact, some experts say the word pulls in more business than any other term in advertising. Unclear Conditions In one case involving a free offer, three major online merchandisers advertised free or low-cost computers in a print, television, […]
Commercial Law

Contract Quiz

The answer is C. The term force majeure is French for “an act of God.” Force majeure clauses in contracts are usually applicable to performance failures caused by: Natural disasters such as earthquakes, hurricanes, floods, tornadoes or fires caused by lightening. Wars, riots or similar events. Consequences that are outside the control of one of […]
Commercial Law

Exclusive Dealing Policies Can Face Scrutiny

Exclusive dealing policies are not necessarily illegal under federal antitrust laws, but as one case illustrates, companies face pitfalls when using such agreements to squeeze out competitors. In early 2005, the 3rd U.S. Circuit Court of Appeals ruled that Dentsply International violated federal antitrust law by requiring its dealers to comply with an exclusivity policy. […]