bdowling

68 ms·

781.
by bdowling 7y ago
The concept also applies to random employees. For example, if an employee placed in charge of a shop charges customers more than the set prices and keeps the difference for himself, that would be a breach of the duty of loyalty. The idea is
782.
by bdowling 7y ago
> Can a stolen item be possessed long enough for the person or entity in possession of it to rightfully be considered the owner? A true owner can recover a stolen item from a thief who still has possession. However, if the thief sells th
783.
by bdowling 7y ago
Adverse possession is a doctrine which exclusively applies to real property, i.e., land, and is therefore inapplicable here.
784.
by bdowling 7y ago
> The city attorney that approved the GE contract I do not understand making the city attorney the scapegoat. Here, this GE contract was entered into by the city because of an ordinance passed by the city council and signed into law b
785.
by bdowling 7y ago
> It's quite plausible that $10k-$100k does not meet that criteria. GE's dividend yield is currently about 0.34% [0], which means that an investment of $100k would pay about $340 annually. [0] https://www.nasdaq.com&
786.
by bdowling 7y ago
> I know the quote. The quote is from “Howl” by Allen Ginsburg, a poem about burnout (among other things). That’s applicable to a report of people working a 9-9-6 schedule, a recipe for burnout.
787.
by bdowling 7y ago
Re consideration, a promise to do or forego something in the future can be sufficient consideration to form a binding contract. In fact, most contracts are an exchange of promises (e.g., any sales contract where goods and payment will be de
788.
by bdowling 7y ago
I find this line in the CAL problematic: > You also agree that either the Licensor or a Recipient (as an intended third-party beneficiary) may enforce the terms and conditions of this License against You via specific performance . (emph
789.
by bdowling 7y ago
Here's another one: * We already had a candidate in mind but our hiring process requires us to publicly post the opening and interview other candidates before we hire the person we already decided on.
790.
by bdowling 7y ago
Indeed, the behaviors described in the article immediately reminded me of Games People Play [0], a popular psychology book from the 1960's based on transactional analysis. The book describes various "games" in which the par
791.
by bdowling 7y ago
> I'm really bad when it comes to negotiations and figuring out a good barter. > I absolutely don't want to take the legal route and want to work something out mutually. You know, a good lawyer is both good at listening to h
792.
by bdowling 7y ago
> If he had that kind of money he'd be talking to a lawyer not us. He, and you, may not know that you do not always need money up front to engage the services of a lawyer. Many lawyers extend credit to their clients or allow clients
793.
by bdowling 7y ago
It means that the service time is modeled as an exponential random variable. See https://en.m.wikipedia.org/wiki/Exponential_distribution .
794.
by bdowling 7y ago
In the U.S. a court would probably ignore the formality of the transactions you describe and simply look at the outcome. The outcome is that the reviewer has ended up with the property at no out-of-pocket cost, and would thus be considered
795.
by bdowling 7y ago
> isn't even paid for her labour... The IRS considers payment in kind (goods in exchange for services) to be taxable income. [0] So, I’d say she’s getting paid. [0] https://www.irs.gov/taxtopics/tc420
796.
by bdowling 7y ago
Regarding the donations, if she takes the charitable contribution deduction it will reduce her income tax due. That may affect the calculation on whether she’s “making money” or not. However, she should probably be paying income tax on the
797.
by bdowling 7y ago
Exchange of goods for services is called “payment in kind”. It is a form of payment.
798.
by bdowling 7y ago
Your example works because English pronouns are the only nouns in English which still have different forms for parts of speech (e.g., nominative I, possessive my, objective me; he, his, him; they, their, them). In other languages all noun
799.
by bdowling 7y ago
> if law enforcement finds evidence of guilt via illegal search, they cannot use that evidence in court. This is not strictly correct. If law enforcement violates your rights via an illegal search, they cannot use that evidence against
800.
by bdowling 7y ago
> back then, the granting of a patent was a sort of de-facto legal recognition of the novelty. There is still a de jure presumption of validity for an issued patent, but it only means that when a patentee sues an alleged infringer, the
801.
by bdowling 7y ago
In patent law, novelty only means new (never done before). Patent novelty has nothing to do with the cleverness, inventiveness, or importance of an invention. A patent must also be non-obvious, which is where many of the other inventive c
802.
by bdowling 7y ago
> how novel it was. There are no degrees of novelty. An invention is ether novel (new, never been done before) or it’s not.
803.
by bdowling 7y ago
IP infringement isn’t like theft because it doesn’t deprive owners of their property, but it is a lot like trespassing (e.g., sneaking into a concert, movie, or amusement park without paying). Your “watching a concert through the fence” ana
804.
by bdowling 7y ago
From your first link about Napoleon’s father: > Carlo Buonaparte died on 24 February 1785, and, due to his frivolous spending, left his surviving wife and eight children penniless.
805.
by bdowling 7y ago
> The idea had so little value it got sold for $1 Public assignment records often state that a thing was sold for “$1 plus other good and valuable consideration” to keep the actual sale price confidential. The $1 is there to ensure the
806.
by bdowling 7y ago
> Could I use Rottweiler as a trademarked brand? You can’t have exclusive use of the name Rottweiler for selling Rottweilers. However, you could register Rottweiler as a trademark for other goods or services. Where the mark isn’t the gen
807.
by bdowling 7y ago
This ruling is only on the Takings Clause question: whether the police actions violated the constitutional prohibition against the government taking private property for public use without adequate compensation. Here, the 10th Circuit affir
808.
by bdowling 7y ago
No, it’s not. Someone must make a trade based on non-public info for there to be insider trading.
809.
by bdowling 7y ago
The billing department is a profit center because it converts accounts receivable into cash and there are metrics like days sales outstanding that can be used to directly measure their impact on the bottom line. Cost centers on the other ha
810.
by bdowling 7y ago
Profit centers consist of people who can directly attribute revenues or savings to the work that they do. Everyone else is a cost center. No, it's not fair.

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