respondent's actions. All legal systems place limitations on damage awards. The most common limitations are causation, foresee ability, certainty, fault, and avoid ability. In order to obtain damages, there must be a causal connection between the respondent's
Damages may also be limited by the doctrine of avoidability, which provides that damages which could have been avoided without undue risk, burden, or humiliation are not recoverable'. (John, 2006)
2) 'The Uniform Commercial Code is the dominant source of American commercial law. All 50 States have enacted all or most of the UCC. It is written and maintained under the auspices of NCCUSL and ALI, rather than by a government body. The private, non-partisan drafting and review process for updating or rewriting a Uniform Law (such as the UCC) stretches over several years. Hearings are open. Competing viewpoints can be heard and considered calmly'. (Cem, 1996)
'(44) "Goods" means all things that are movable when a security interest attaches. The term includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or contract for sale, (iii) the unborn young of animals, (iv) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes, and (v) manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if (i) the program is associated with the goods in such a manner that it customarily is considered part of the goods, or (ii) by becoming the owner of the goods, a person acquires a right to use the program in
connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments,
investment property, letter-of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction. "The term (goods) does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded." Please also notice also in the excerpt above that what is excluded is "SW shipped as SW itself", so the electronic distribution of patches and the like are not Goods... likewise putting an application on a Disk, CD, or DVD doesn't classify that SW as a "Goods item" although the physical media it comes on would be. And while the listing of 'other General Intangibles (outside of those specified as 'embedded programs' or as defined in the 'part of the package' definition) are excluded, SW as defined in the two key cases is. "The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment propert ...
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