What Is The Can Spam Act

The Can Spam Act was passed in 2003 and was one of the first laws to control spam. There is much controversy surrounding this law; many people believe it is a victory for e-mail users who are worried about risky spam, and others feel that it is a green light to certain spammers who want to foist aggressive advertisments on consumers.

The law is quite strict about illegal activities, but seems to allow loopholes for regular commercial business whose spam many e-mail users also find annoying. Still others greet the law as a first step in bringing the battle against spam into the public sphere.

The Can Spam Act stands for Controlling Assault of Non-Solicited Pornography and Marketing Act. Those who must follow this law are all those who send commercial e-mail that promotes a service or product. Sending mass advertising is permitted as long as the information is not false or misleading and doesnt involve any illegality.

The agencies with the jurisdiction to enforce the Can Spam Act are the FTC (Federal Trade Commission) and the DOJ (Department of Justice). These agencies can enforce criminal sanctions against those who violate this law. Federal and State agencies can also serve as watchdogs and to take care of spam problems.

Under the Can Spam Act, businesses are not allowed to use misleading information in their headers, and cannot use false headers as hooks to lure someone to open an e-mail that contains information that is different from that suggested by the header. The e-mail must give the recipient the opportunity to state that he or she does not want to receive any more e-mail promotions from that company.

Once the recipient has ordered the sender to stop sending e-mails, the sender is given 10 business days to cease from sending e-mails to that person. Under the Can Spam Act, it is illegal to sell e-mail addresses to others.

Activities that are strictly prohibited under the Can Spam Act include: using other computers as spam zombies, selling e-mail addresses from those who do not want to be contacted, labeling sexually explicit material as something else with a deceptive header or subject line, and harvesting the net for private information about individuals, including e-mails. These activities can lead to a $11,000 fine or jail time.

Many people were heartened by this law, while others were disappointed. The reactions were often opposite of those expected. Many spammers who simply promote their business with mass, unsolicited e-mails, but do not create spam zombies or engage in illegal activities, applauded the law as a legitimization of their business practices.

Many Californians who wanted to make all spamming illegal in their state were disappointed by the laws leniency regarded unsolicited marketing. However, even those who were disappointed saw it as a first step toward spam regulation.

Some wonder about the effectiveness of the Can Spam Act, and indeed, about the viability of attempting to regulate the net at all. Many people receive so many spam e-mails that they do not have the energy to report every case that appears.

Similarly, agencies are usually swamped with complaints, and can only deal with the most serious cases. Therefore, some believe that this is the reason the law only deals with dangerous spammers rather than with annoying ones. So, at least for now, it looks like spamming is here to stay.

What to do if you are injured in a slip & fall accident

If you have been injured in slip and fall accidents due to a person who failed, or neglected, to put up warning signs, clean up spills, or other duties related to the responsibility of possessing property, makes him liable. Persons injured in slip and fall accidents may recover for various types of damages including past and future pain and suffering, lost wages, medical expenses, loss of future earnings and much more.

Personal injury attorney from Bronx, Mr. William H. Cooper1, who has been giving best representation possible in personal injury law tells–When you or a loved one is injured it is very important that you have a lawyer who knows how to deal directly with the insurance company for the responsible party that caused you to be injured. Fair compensation is not something that the insurance company will offer without proper legal representation and the opportunity for settlement is greatly increased with the right attorney on your side. If you are the victim of an accident that resulted in an injury, make sure that you have a lawyer to fight for your legal right to get compensation for your injury.-(Ref: Marvin A. Cooper P.C., http://cooper-law.com/ ) Things to do if you are injured in a slip & fall accident 1. If you have been injured in a slip & fall accident, seek medical attention immediately.

2. Once your medical needs have been addressed, it is also important that you contact an attorney to insure that your legal rights will be protected.

3. Keep in mind the location and the circumstances of the accident & the weather conditions.

4. Take witness’s phone number & keep in touch with him.

5. Take photographs of defect or ask people around you to take if you are not able to do so.

6. Find out who is the owner of the land on which you were injured or who is legally responsible for the safety of the property.

7. Note down what kind of defect caused your injury.

8. Contact an experienced personal injury lawyer immediately. Do you need a lawyer for slip and fall accident? Slip and fall attorney in NY, Mr. Fatos Dervishi2 tells–While injuries due to physical harm from unsafe property conditions are frequent and common, premises liability can also include the failure to adequately light buildings and parking lots and an assault and/or mugging takes place as a result. If you have been injured, an experienced New York Premises Liability Lawyer can help you seek compensation for your pain and suffering! If you, a family member or a friend have suffered a serious injury from a premises liability accident, contact a New York Premises liability lawyer. (Ref: Dervishi Law Group P.C., http://www.dervishilaw.com/areas-of-practice/trip-and-falls/ )

If you have suffered a slip and fall accident because of the negligence of the property owner, then a personal injury lawyer can assist you. An experienced personal injury attorney can help guide you through the complicated legal process.

Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.

1.William H. Cooper:William H. Cooper began practicing law in a large New York City law firm before joining the law firm of Marvin A. Cooper, P.C., in 1991. Over the years, he has established himself as one of the most successful personal injury law practices in the New York Metropolitan Area. Since 1960, the law firm of Marvin A. Cooper, P.C. has provided expert legal advice, services and representation to clients residing in the Bronx, Westchester, Kings, Queens, New York, Rockland & Nassau Counties.His office is located at245 Main Street, Suite 510, White Plains, NY 10601. For more information, visithttp://www.cooper-law.com/or email . You can also call him at914-357-8911/?212-385-1954/?718-619-4215 or Fax at (914) 428-4126.

2.Fatos Dervishi:Fatos Dervishiis a Personal injury attorney in New York. He has also served as the Deputy Attorney General of Albania from 1994 to 1998. The goal of Dervishi Law Group, P.C is to offer comfort in times of need, unyielding dedication to clients and their families and to give a sense of trust and confidence. Call Dervishi Law Group, P.C at718-619-4525 or917-300-0797 or Fax: 718-484-4758. Office is located at 2322 Arthur Ave., Suite 3A Bronx, New York 10458. Visithttp://www.dervishilaw.com/for more information or you can e-mail .

Top Law College In India – Jeen Institute Of Law Behror Rajasthan India

There are many professional colleges in India where students opt for. Now days BCA, MCA, BBA MBA, medical and engineering are very common lines in which student want to go. The most interesting stream for which students are opting these days is Law and they are searching for law College in India.
Law College is in excessive rate in India for which student can go. Here are the lists of few law colleges in Delhi which are offering Legal Education including Civil Law, Criminal Law, Business Law, Forensic Law etc. and courses which are Bachelor of Law (BL), Master of Law (ML) etc.
1.Faculty of Law – Jamia Millia Islamia, Delhi
2.Amity Law School, Delhi
3.Vivekananda Institute of Qunnun Studies, Delhi
4.Campus Law Centre – University of Delhi, Delhi
5.Law Centre NO – I, Delhi University Campus, Delhi
6.Law Centre NO – II, ARSD College, Delhi
In India there are many law institutes but very few are advised. The law institutes are the places where students are given graduate in law .law is in different branches like criminal law study, HR in human law and many more.
Faculty of law is the best law college in India which is located as Delhi university law school. In many law colleges admissions are based on the merit marks that are the cut offs but in few there is special entrance exam which are held then few consoling sections are organized for students and then are finally selected for the law education. There are many best law institutes in india where student can take admission for law education and those are listed below:-
1.NLSIU,Banglore
2.NALSAR,Hydrabad
3.Symbiosis law college,pune
4.ILS law college
5.Faculty of law,BHU
6.Faculty of law,DU
and many more.
The law institutes in india directory provides wider information on the very leading law institutes of India. Now you can View detailed information on various courses of your choice offered by these institutes, fee structure, duration of course and admission procedure at the popular law institutes of India on various sites also. Just by accessing the websites of leading law institutes in India providing diplomas and degrees level education in the field of law in India on popular courses such as LLB (3yr), LLM (2yr), B.A (3yr).you can also view their contact information of these institutes and get online admission in to these popular courses by felling up there forms online or by going to the college.
In some law colleges the LLB Corse is of 3years where as in some the LLB cores are of 5years. The 3year cores is consist of only the law section the students who are graduate can get admission where as in LLB of 5 years the students who have passed there academics that is the XIIth can take admission. 5 year law divided into two section the graduation + law. There are few institutes and colleges too where the graduation took place for 1year and provide diploma in several fields in law just like the certifications.In some law colleges the LLB Corse is of 3years where as in some the LLB cores are of 5years. The 3year cores is consist of only the law section the students who are graduate can get admission where as in LLB of 5 years the students who have passed there academics that is the XIIth can take admission.

An Overview of Contract Law

The Extraordinary Importance of Contract Law:
Contract law lies at the heart of our system of laws and serves as the foundation of our entire society. This is not an exaggeration. It is a simple observation – one that too often goes unobserved.

Our society depends upon free exchange in the marketplace at every level. Contract law makes this possible. Exchanges in the marketplace always depend upon voluntary agreements between individuals or other “legal persons”. Such voluntary agreements could never work without contract law.

Contract law serves to make these agreements “enforceable”, which usually means that it allows one party to a contract to obtain money damages from the other party upon showing that the latter stands in breach.

Without contract law, these voluntary agreements would instantly become impractical and unworkable. Since such agreements lie at the very heart of our society and economy, and since they depend upon contract law, it is no exaggeration to say, as I have just done, that “contract law lies at the heart of our system of laws and serves as the foundation of our entire society.” Those were the very words that I used to begin this essay.

Stated more precisely, it is our system of contract law that underpins and makes possible the many private, voluntary agreements by which exchanges of goods and services are accomplished in our society at every level. No exchange is exempt from the contract law, which indeed can be rightly called the cornerstone of marketplace civilization.

In this article, I will briefly explain the different types of contracts that can be made, paying special attention to the common problems that arise in their formulation. I will also discuss how contracts are enforced or avoided, and how a wronged party to a contract can obtain recompense and other relief from the wrongdoing party. I will explain the principle of good faith, which in California is known as the “covenant of good faith and fair dealing”, and which has been too often overlooked by commentators and practitioners alike.

I do not aim to provide a comprehensive explanation of all the theoretical and practical difficulties. This is an overview, not an exhaustive treatise. Sometimes the overview will better help the reader understand the essential points, or the “forest” if you will, while the treatise is better for explaining the many intricacies and complexities that can be rightly called the “trees” of contract law.

Definition of a Contract:
A contract is nothing other than a voluntary, private agreement to exchange valuable things. It most often is an exchange of valuable promises. For example, a home-buyer might promise to pay $250,000 to the seller, who in exchange promises to deliver unencumbered title to the buyer.

Good Faith and Fair Dealing:
Most exchanges are straightforward matters that are self-executing and done without any problem at all. When I buy a cup of coffee at my local cafe (which I have just done so that I may enjoy it while I compose the present essay on my laptop), the cafe and I have made a self-executing exchange, which we have done without a hitch.

Ditto, if I buy a book at the local bookstore or have my car washed at the local car-wash. Ditto again, if I purchase airplane tickets from a travel agent, or have my house painted, or have my teeth cleaned at the dentist’s office.

Fortunately, most exchanges are performed on the spot to everyone’s satisfaction. Were this otherwise, our society and general commerce would soon become choked by controversy and disputes. Thus it may be said that our system depends above all on the good faith and honesty of our people. Indeed, the principle of “good faith” is central to contract law.

Every contract made or performed in California is said to include an implied-in-law covenant of good faith and fair dealing, by which each party to the contract agrees to act in good faith and deal fairly with the other. This has been construed to mean that one party to a contract should not try in bad faith to cheat the other party of the benefit of the bargain made by the contract.

Inevitable Complications and Controversies:
While most exchanges are performed without incident, not all of them are, as we all know. This is true even in the simplest of matters (e.g., the sale of a cup of coffee) and is even more likely in a complicated transaction (e.g., the financing, delivery, and insurance of commercial aircraft for an overseas company over a thirty-year term).

Let us take a simple example first. I will list only a few of the problems that might arise from a simple contract for a one-time sale of a single box of tomatoes. If you offer to give me $10 for a carton of tomatoes that I have sitting on a table behind me, and if I agree to accept it as payment in full for the tomatoes, we have made an oral contract that we can perform on the spot: You hand me the $10 bill, and I give you the carton. Nothing more simple or straightforward, right? But what if you discover that my tomatoes were too ripe when you bought them, and that they all go rotten within two hours of the purchase? What if I take your $10 bill, but then refuse to give the box of tomatoes, telling you to “beat it, scram, or else you’ll get hurt!” What happens if your $10 bill turns out to be counterfeit, or if you take the tomatoes but refuse to pay, or pay with a check that you later cancel or that is returned unpaid by the bank? What if the carton breaks while you are carrying it, and all the tomatoes fall to the ground and are ruined? What if you needed these tomatoes for the dinner you meant to make for your boss, who, in disappointment, decides not to give you the promotion he had earlier discussed with you? My point is only that problems can and often do arise in even the simplest, easiest exchanges.

In more complicated transactions, the possible difficulties are varied and sometimes difficult for the parties even to envision at the outset, much less address in an intelligent, orderly manner. Let’s consider one such example. Suppose a large American company makes a contract with a large foreign company by which it becomes obliged to design, deliver, and insure an entire generation of commercial aircraft over a thirty-year period. The possible complications might take me literally years to ponder, list, analyze, and explain. It could take a decade or longer for feuding teams of lawyers in several countries to sort out the possible complications that might arise.

To avoid such controversy, which results in burdensome attorney’s fees and an equally burdensome devotion of attention and effort that could be better employed in more constructive endeavors, it is necessary to have a proper contract in place at the outset: If the exchange is to be done on the spot and simultaneously, a written contract need not be used, but the parties should either reasonably trust one another’s good faith or have an exact understanding of the exchange before they undertake it. If the exchange cannot be performed in full on the spot, there should be a written contract to state the parties’ obligations and the essential terms of the exchange. A good written contract will also address at least the most likely complications that might arise, assigning responsibility for any such complication to a specific party in a specified manner.

A good written contract is one that clearly describes the exchange to be done and also addresses the possible complications that might arise during the performance of the exchange.

Different Kinds of Contracts:
I earlier provided a simple definition of a contract. Here is a more technical definition: A contract is a private compact, voluntarily made, by which the parties agree to exchange valuable things with one another. A contract comes into existence when (1) one party makes an offer that the other party accepts, and (2) the parties thereby agree to exchange valuable benefits on specified terms and conditions, with reasonably specific agreement on the price, place, time, the goods or services to be delivered, and the other essential terms of the exchange.

Explaining The Meaning Of Uninsured Losses

Car insurance is not merely an important part of protecting yourself financially on the road – its a legal necessity. However if youre trying to make a claim after being involved in an accident that wasnt your fault, you might come across something called uninsured losses. We take a look at exactly what that means for your cover

Uninsured losses can be described as potential financial losses, and they aren’t usually covered by a standard insurance policy. Uninsured losses generally include: injury to yourself or your passengers; loss of earnings; cost of alternative travel arrangements; or recovery of your policy excess from a third party. These are all very common costs incurred as a result of an accident, and you will understandably want to protect yourself against them.

According to the Department for Transport, around 3,500 people are killed and 40,000 are seriously injured on Britain’s roads each year. If youre involved in an accident, it could seriously affect your health or ability to work, and therefore have grave financial implications too. Standard insurance will always cover liabilities to third parties. However, if an accident isnt your fault, you will have to make a case to the other partys insurance provider in order to cover the damage incurred. If the other party does not take responsibility, this could potentially turn into a costly and lengthy legal procedure.

Some insurance providers may recommend that you take out optional additional cover, often from as little as 20, to boost your protection and cover uninsured losses. With Greenbee Legal Protection, for example, you would have up to 100,000 towards legal expenses to help recover these potential losses. Just make sure you contact your insurance provider immediately after an accident, as there may be time limits that apply.

The Government is currently investing in a road safety strategy, which is aiming for a 40% reduction in the number of people killed or seriously injured in road accidents by the end of 2010. We can all do our part to make Britains roads safer by driving carefully at all times. However, even if you are a safe and conscientious driver, you cannot always guarantee how other people may behave on the roads. By taking out comprehensive insurance you will give yourself great financial protection from accidents and as a result hopefully feel a little safer behind the wheel.