Misplaced Pages

#76923

118-742: In many cultures gifts are traditionally packaged in some way. For example, in Western cultures , gifts are often wrapped in wrapping paper and accompanied by a gift note which may note the occasion, the recipient's name and the giver's name. In Chinese culture , red wrapping connotes luck. Although inexpensive gifts are common among colleagues, associates and acquaintances, expensive or amorous gifts are considered more appropriate among close friends, romantic interests or relatives. Gift-giving occasions may be: Promotional gifts differ from regular gifts. Recipients may include employees or clients. These gifts are primarily used for advertising. They help promote

236-526: A MaxiCode 2-D code for parcel tracking. RFID labels for shipping containers are also increasingly used. A Wal-Mart division, Sam's Club , has also moved in this direction and is putting pressure on its suppliers to comply. Shipments of hazardous materials or dangerous goods have special information and symbols (labels, placards, etc.) as required by UN, country, and specific carrier requirements. On transport packages, standardized symbols are also used to communicate handling needs. Some are defined in

354-451: A Persian traveller visiting markets in Cairo , Arab Egypt , noted that vegetables, spices and hardware were wrapped in paper for the customers after they were sold. The use of tinplate for packaging dates back to the 18th century. The manufacturing of tinplate was the monopoly of Bohemia for a long time; in 1667 Andrew Yarranton , an English engineer , and Ambrose Crowley brought

472-419: A UFI . Technologies related to shipping containers are identification codes, bar codes , and electronic data interchange ( EDI ). These three core technologies serve to enable the business functions in the process of shipping containers throughout the distribution channel. Each has an essential function: identification codes either relate product information or serve as keys to other data, bar codes allow for

590-503: A life cycle assessment which considers the material and energy inputs and outputs to the package, the packaged product (contents), the packaging process, the logistics system, waste management , etc. It is necessary to know the relevant regulatory requirements for point of manufacture, sale, and use. The traditional "three R's" of reduce, reuse, and recycle are part of a waste hierarchy which may be considered in product and package development. Development of sustainable packaging

708-563: A resin identification code ), and the "Green Dot" . Food packaging may show food contact material symbols. In the European Union , products of animal origin which are intended to be consumed by humans have to carry standard, oval-shaped EC identification and health marks for food safety and quality insurance reasons. Bar codes , Universal Product Codes , and RFID labels are common to allow automated information management in logistics and retailing . Country-of-origin labeling

826-424: A reward for compliance , possibly for an underhand manipulative and abusive purpose. Giving the appropriate gift that aligns with the recipient's preferences poses a formidable challenge. Gift givers commonly err in the process of gift selection, either by offering gifts that the recipients' do not wish to receive or by failing to provide gifts that recipients earnestly desired. For example, givers avoid giving

944-533: A broader principle out of these predecessor cases. The facts were almost identical to Cadillac a year earlier: a wheel from a wheel manufacturer was sold to Buick, to a dealer, to MacPherson, and the wheel failed, injuring MacPherson. Judge Cardozo held: It may be that Statler v. Ray Mfg. Co. have extended the rule of Thomas v. Winchester . If so, this court is committed to the extension. The defendant argues that things imminently dangerous to life are poisons, explosives, deadly weapons—things whose normal function it

1062-425: A character inherently that, when applied to the purposes for which it was designed, it was liable to become a source of great danger to many people if not carefully and properly constructed". Yet the privity rule survived. In Cadillac Motor Car Co. v. Johnson (decided in 1915 by the federal appeals court for New York and several neighboring states), the court held that a car owner could not recover for injuries from

1180-481: A decision are often more important in the long run than the outcome in a particular case. This is the reason that judicial opinions are usually quite long, and give rationales and policies that can be balanced with judgment in future cases, rather than the bright-line rules usually embodied in statutes. All law systems rely on written publication of the law, so that it is accessible to all. Common law decisions are published in law reports for use by lawyers, courts and

1298-411: A defective wheel, when the automobile owner had a contract only with the automobile dealer and not with the manufacturer, even though there was "no question that the wheel was made of dead and 'dozy' wood, quite insufficient for its purposes". The Cadillac court was willing to acknowledge that the case law supported exceptions for "an article dangerous in its nature or likely to become so in the course of

SECTION 10

#1732765927077

1416-648: A government function in 1874 . West Publishing in Minnesota is the largest private-sector publisher of law reports in the United States. Government publishers typically issue only decisions "in the raw", while private sector publishers often add indexing, including references to the key principles of the common law involved, editorial analysis, and similar finding aids. Statutes are generally understood to supersede common law. They may codify existing common law, create new causes of action that did not exist in

1534-410: A line somewhere, a limit on the causal connection between the negligent conduct and the injury. The court looked to the contractual relationships, and held that liability would only flow as far as the person in immediate contract ("privity") with the negligent party. A first exception to this rule arose in 1852, in the case of Thomas v. Winchester , when New York's highest court held that mislabeling

1652-474: A longer time frame. A package designed for one mode of shipment may not be suited to another. With some types of products, the design process involves detailed regulatory requirements for the packaging. For example, any package components that may contact foods are designated food contact materials . Toxicologists and food scientists need to verify that such packaging materials are allowed by applicable regulations. Packaging engineers need to verify that

1770-540: A means to redress certain challenges to established law. Oliver Wendell Holmes once dissented: "judges do and must legislate". There is a controversial legal maxim in American law that " Statutes in derogation of the common law ought to be narrowly construed ". Henry Campbell Black once wrote that the canon "no longer has any foundation in reason". It is generally associated with the Lochner era . The presumption

1888-424: A new line in the last sentence quoted above: "There must be knowledge of a danger, not merely possible, but probable." But while adhering to the underlying principle that some boundary is necessary, MacPherson overruled the prior common law by rendering the formerly dominant factor in the boundary, that is, the privity formality arising out of a contractual relationship between persons, totally irrelevant. Rather,

2006-457: A poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put "human life in imminent danger". Thomas relied on this reason to create an exception to the "privity" rule. In 1909, New York held in Statler v. Ray Mfg. Co. that a coffee urn manufacturer was liable to a person injured when the urn exploded, because the urn "was of such

2124-435: A practical gift that they have requested over a more expensive , showier gift chosen by the giver. One cause of the mismatch between the giver's and receiver's view is that the giver is focused on the act of giving the gift, while the receiver is more interested in the long-term utilitarian value of the gift. Due to the mismatch between givers' and recipients' gift preferences, a significant fraction of gifts are unwanted, or

2242-411: A presumption favoring the retention of long-established and familiar principles, except when a statutory purpose to the contrary is evident. Isbrandtsen Co. v. Johnson , 343 U.S. 779, 783 (1952); Astoria Federal Savings & Loan Assn. v. Solimino , 501 U.S. 104, 108 (1991). In such cases, Congress does not write upon a clean slate. Astoria , 501 U.S. at 108. In order to abrogate a common-law principle,

2360-573: A product defect, and if a part was built up out of parts from parts manufacturers, the ultimate buyer could not recover for injury caused by a defect in the part. In an 1842 English case, Winterbottom v Wright , the postal service had contracted with Wright to maintain its coaches. Winterbottom was a driver for the post. When the coach failed and injured Winterbottom, he sued Wright. The Winterbottom court recognized that there would be "absurd and outrageous consequences" if an injured person could sue any person peripherally involved, and knew it had to draw

2478-464: A result of an accident: as a Brooklyn printer and paper-bag maker during the 1870s, he was once printing an order of seed bags, and the metal ruler, commonly used to crease bags, shifted in position and cut them. Gair discovered that by cutting and creasing in one operation he could make prefabricated paperboard boxes. Commercial paper bags were first manufactured in Bristol , England , in 1844, and

SECTION 20

#1732765927077

2596-605: A strong allegiance to a large body of precedent, parties have less a priori guidance (unless the written law is very clear and kept updated) and must often leave a bigger "safety margin" of unexploited opportunities, and final determinations are reached only after far larger expenditures on legal fees by the parties. This is the reason for the frequent choice of the law of the State of New York in commercial contracts, even when neither entity has extensive contacts with New York—and remarkably often even when neither party has contacts with

2714-402: A unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies and reinstating a jury system—citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its verdict through evaluating common local knowledge , not necessarily through

2832-505: Is a strength of common law systems, and is a significant contributor to the robust commercial systems in the United Kingdom and United States. Because there is reasonably precise guidance on almost every issue, parties (especially commercial parties) can predict whether a proposed course of action is likely to be lawful or unlawful, and have some assurance of consistency. As Justice Brandeis famously expressed it, "in most matters it

2950-460: Is affected by other factors is its relationship to logistics . When the distribution system includes individual shipments by a small parcel carrier, the sorting, handling, and mixed stacking make severe demands on the strength and protective ability of the transport package. If the logistics system consists of uniform palletized unit loads , the structural design of the package can be designed to meet those specific needs, such as vertical stacking for

3068-621: Is an area of considerable interest to standards organizations , governments, consumers, packagers, and retailers. Sustainability is the fastest-growing driver for packaging development, particularly for packaging manufacturers that work with the world's leading brands, as their CSR (Corporate Social Responsibility) targets often exceed those of the EU Directive. Choosing packaging machinery includes an assessment of technical capabilities, labor requirements, worker safety, maintainability , serviceability, reliability , ability to integrate into

3186-571: Is an essential aspect of archaeology . The first usage of paper for packaging was sheets of treated mulberry bark used by the Chinese to wrap foods as early as the first or second century BC. The usage of paper-like material in Europe was when the Romans used low grade and recycled papyrus for the packaging of incense . The earliest recorded use of paper for packaging dates back to 1035, when

3304-617: Is any written, electronic, or graphic communication on the package or on a separate but associated label . Many countries or regions have regulations governing the content of package labels. Merchandising, branding, and persuasive graphics are not covered in this article. The first packages used the natural materials available at the time: baskets of reeds, wineskins ( bota bags ), wooden boxes , pottery vases , ceramic amphorae , wooden barrels , woven bags, etc. Processed materials were used to form packages as they were developed: first glass and bronze vessels. The study of old packages

3422-633: Is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc (that is, all active judges of the court) or by a higher court. In these courts, the older decision remains controlling when an issue comes up the third time. Other courts, for example, the Court of Appeals for the Federal Circuit (formerly known as Court of Customs and Patent Appeals) and the US Supreme Court , always sit en banc , and thus

3540-457: Is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a " case of first impression " with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it

3658-499: Is destruction. What is true of the coffee urn is equally true of bottles of aerated water ( Torgesen v. Schultz , 192 N. Y. 156). We have mentioned only cases in this court. But the rule has received a like extension in our courts of intermediate appeal. In Burke v. Ireland (26 App. Div. 487), in an opinion by CULLEN, J., it was applied to a builder who constructed a defective building; in Kahner v. Otis Elevator Co. (96 App. Div. 169) to

Gift - Misplaced Pages Continue

3776-447: Is expected to have a major impact on the market. Packaging and package labeling have several objectives Packaging may be of several different types. For example, a transport package or distribution package can be the shipping container used to ship, store, and handle the product or inner packages. Some identify a consumer package as one which is directed toward a consumer or household. Packaging may be described in relation to

3894-477: Is inferrable as a synthesis of the "thing of danger" principle stated in them, merely extending it to "foreseeable danger" even if "the purposes for which it was designed" were not themselves "a source of great danger". MacPherson takes some care to present itself as foreseeable progression, not a wild departure. Cardozo continues to adhere to the original principle of Winterbottom , that "absurd and outrageous consequences" must be avoided, and he does so by drawing

4012-539: Is more important that the applicable rule of law be settled than that it be settled right." This ability to predict gives more freedom to come close to the boundaries of the law. For example, many commercial contracts are more economically efficient, and create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on

4130-416: Is often used. Some products might use QR codes or similar matrix barcodes . Packaging may have visible registration marks and other printing calibration and troubleshooting cues. The labelling of medical devices includes many symbols, many of them covered by international standards, foremost ISO 15223-1. Several aspects of consumer package labeling are subject to regulation. One of the most important

4248-401: Is required for all but the simplest package design and development programs. An effective quality management system and Verification and Validation protocols are mandatory for some types of packaging and recommended for all. Package development involves considerations of sustainability , environmental responsibility, and applicable environmental and recycling regulations. It may involve

4366-424: Is shown) reinterpret and revise the law, without legislative intervention, to adapt to new trends in political, legal and social philosophy . Second, the common law evolves through a series of gradual steps , that gradually works out all the details, so that over a decade or more, the law can change substantially but without a sharp break, thereby reducing disruptive effects. In contrast to common law incrementalism,

4484-576: Is that legislatures may take away common law rights, but modern jurisprudence will look for the statutory purpose or legislative intent and apply rules of statutory construction like the plain meaning rule to reach decisions. As the United States Supreme Court explained in United States v Texas , 507 U.S. 529 (1993): Just as longstanding is the principle that "[s]tatutes which invade the common law ... are to be read with

4602-625: Is to accurately state the quantity (weight, volume, count) of the package contents. Consumers expect that the label accurately reflects the actual contents. Manufacturers and packagers must have effective quality assurance procedures and accurate equipment; even so, there is inherent variability in all processes . Regulations attempt to handle both sides of this. In the US, the Fair Packaging and Labeling Act provides requirements for many types of products. Also, NIST has Handbook 133, Checking

4720-508: Is to injure or destroy. But whatever the rule in Thomas v. Winchester may once have been, it has no longer that restricted meaning. A scaffold ( Devlin v. Smith , supra) is not inherently a destructive instrument. It becomes destructive only if imperfectly constructed. A large coffee urn ( Statler v. Ray Mfg. Co. , supra) may have within itself, if negligently made, the potency of danger, yet no one thinks of it as an implement whose normal function

4838-511: The ASTM D5445 "Standard Practice for Pictorial Markings for Handling of Goods", ISO 780 "Pictorial marking for handling of goods", and GHS hazard pictograms . Package design and development are often thought of as an integral part of the new product development process. Alternatively, the development of a package (or component) can be a separate process but must be linked closely with the product to be packaged. Package design starts with

Gift - Misplaced Pages Continue

4956-577: The Bristol Channel in 1725. The tinplate was shipped from Newport, Monmouthshire . By 1805, 80,000 boxes were made and 50,000 exported. Tobacconists in London began packaging snuff in metal-plated canisters from the 1760s onwards. With the discovery of the importance of airtight containers for food preservation by French inventor Nicholas Appert , the tin canning process was patented by British merchant Peter Durand in 1810. After receiving

5074-495: The FCC and TÜV marks), trademarks , proof of purchase , etc. Some requirements and symbols exist to communicate aspects of consumer rights and safety, for example the CE marking or the estimated sign that notes conformance to EU weights and measures accuracy regulations. Examples of environmental and recycling symbols include the recycling symbol , the recycling code (which could be

5192-623: The High Court of Justiciary has this power instead (except on questions of law relating to reserved matters such as devolution and human rights). From 1966 to 2009, this power lay with the House of Lords , granted by the Practice Statement of 1966. Canada's federal system, described below , avoids regional variability of federal law by giving national jurisdiction to both layers of appellate courts. The reliance on judicial opinion

5310-411: The can opener . Robert Yeates, a cutlery and surgical instrument maker of Trafalgar Place West, Hackney Road, Middlesex , UK, devised a claw-ended can opener with a hand-operated tool that haggled its way around the top of metal cans. In 1858, another lever-type opener of a more complex shape was patented in the United States by Ezra Warner of Waterbury, Connecticut . Set-up boxes were first used in

5428-646: The jury , ordeals , the penalty of outlawry , and writs – all of which were incorporated into the Norman common law – is still a subject of much discussion. Additionally, the Catholic Church operated its own court system that adjudicated issues of canon law . The main sources for the history of the common law in the Middle Ages are the plea rolls and the Year Books . The plea rolls, which were

5546-468: The later decision controls. These courts essentially overrule all previous cases in each new case, and older cases survive only to the extent they do not conflict with newer cases. The interpretations of these courts—for example, Supreme Court interpretations of the constitution or federal statutes—are stable only so long as the older interpretation maintains the support of a majority of the court. Older decisions persist through some combination of belief that

5664-409: The 1180s) from his Curia Regis to hear the various disputes throughout the country, and return to the court thereafter. The king's itinerant justices would generally receive a writ or commission under the great seal. They would then resolve disputes on an ad hoc basis according to what they interpreted the customs to be. The king's judges would then return to London and often discuss their cases and

5782-650: The 13th century to the 17th, can be viewed online at the Anglo-American Legal Tradition site (The O'Quinn Law Library of the University of Houston Law Center). The doctrine of precedent developed during the 12th and 13th centuries, as the collective judicial decisions that were based in tradition, custom and precedent . The form of reasoning used in common law is known as casuistry or case-based reasoning . The common law, as applied in civil cases (as distinct from criminal cases ),

5900-469: The 16th century and modern folding cartons date back to 1839. The first corrugated box was produced commercially in 1817 in England. Corrugated (also called pleated) paper received a British patent in 1856 and was used as a liner for tall hats. Scottish-born Robert Gair invented the pre-cut paperboard box in 1890—flat pieces manufactured in bulk that folded into boxes. Gair's invention came about as

6018-605: The American Francis Wolle patented a machine for automated bag-making in 1852. Packaging advancements in the early 20th century included Bakelite closures on bottles , transparent cellophane overwraps and panels on cartons . These innovations increased processing efficiency and improved food safety . As additional materials such as aluminum and several types of plastic were developed, they were incorporated into packages to improve performance and functionality. In 1952, Michigan State University became

SECTION 50

#1732765927077

6136-540: The Great Hall of the king's Palace of Westminster , permanently except in the vacations between the four terms of the Legal year . Judge-made common law operated as the primary source of law for several hundred years, before Parliament acquired legislative powers to create statutory law . In England, judges have devised a number of rules as to how to deal with precedent decisions . The early development of case-law in

6254-567: The Net Contents of Packaged Goods. This is a procedural guide for compliance testing of net contents and is referenced by several other regulatory agencies. Other regions and countries have their own regulatory requirements. For example, the UK has its Weights and Measures (Packaged Goods) Regulations as well as several other regulations . In the EEA , products with hazardous formulas need to have

6372-453: The U.S. each year is estimated to be about a billion dollars. In some cases, people know the preferences of recipients very well, and can give highly valued gifts. Some value in gift-giving comes from assisted preference discovery - people receiving gifts they did not know they would like, or which they did not know were available. Behavioral economists propose that the non-material value of gifts lies in strengthening relationships by signalling

6490-522: The United Kingdom (including its overseas territories such as Gibraltar), the United States (both the federal system and all 50 states save Louisiana ), and Zimbabwe. According to Black's Law Dictionary , common law is "the body of law derived from judicial decisions , rather than from statutes or constitutions ." Legal systems that rely on common law as precedent are known as "common law jurisdictions," while those that do not are referred to as " civil law " or " code " jurisdictions. Until

6608-425: The United States' commercial center, New York common law has a depth and predictability not (yet) available in any other jurisdictions of the United States. Similarly, American corporations are often formed under Delaware corporate law , and American contracts relating to corporate law issues ( merger and acquisitions of companies, rights of shareholders, and so on) include a Delaware choice of law clause, because of

6726-559: The United States. Commercial contracts almost always include a "choice of law clause" to reduce uncertainty. Somewhat surprisingly, contracts throughout the world (for example, contracts involving parties in Japan, France and Germany, and from most of the other states of the United States) often choose the law of New York, even where the relationship of the parties and transaction to New York is quite attenuated. Because of its history as

6844-412: The application of law to specific facts. The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals (plus a thirteenth, the Court of Appeals for the Federal Circuit , which hears appeals in patent cases and cases against the federal government, without geographic limitation). Decisions of one circuit court are binding on the district courts within

6962-653: The automated input of identification codes and other data, and EDI moves data between trading partners within the distribution channel. Elements of these core technologies include UPC and EAN item identification codes, the SCC-14 (UPC shipping container code), the SSCC-18 (Serial Shipping Container Codes), Interleaved 2-of-5 and UCC/EAN-128 (newly designated GS1-128 ) bar code symbologies , and ANSI ASC X12 and UN/EDIFACT EDI standards. Small parcel carriers often have their own formats. For example, United Parcel Service has

7080-422: The boundaries within which their freedom of expression rights apply. In contrast, in jurisdictions with very weak respect for precedent, fine questions of law are redetermined anew each time they arise, making consistency and prediction more difficult, and procedures far more protracted than necessary because parties cannot rely on written statements of law as reliable guides. In jurisdictions that do not have

7198-424: The brand name and increase its awareness. In promotional gifting, the quality and presentation of the gifts are more important than the gifts themselves, as they serve as a gateway to acquire new clients or associates. Giving a gift to someone is not necessarily just an altruistic act. It may be given in the hope that the receiver reciprocates in a particular way. It may take the form of positive reinforcement as

SECTION 60

#1732765927077

7316-752: The bread and wine that are consecrated during the Divine Liturgy are referred to as "the Gifts." They are first of all the gifts of the community (both individually and corporately) to God, and then, after the epiklesis , the Gifts of the Body and Blood of Christ to the Church. Ritual sacrifices can be seen as return gifts to a deity . Packaged Packaging is the science , art and technology of enclosing or protecting products for distribution, storage, sale, and use. Packaging also refers to

7434-422: The buyer and receivers' tastes is advance coordination, often undertaken in the form of a wedding registry or Christmas list . Wedding registries in particular are often kept at a single store, which can designate the exact items to be purchased (resulting in matching housewares), and to coordinate purchases so the same gift is not purchased by different guests. One study found that wedding guests who departed from

7552-399: The circuit and on the circuit court itself, but are only persuasive authority on sister circuits. District court decisions are not binding precedent at all, only persuasive. Most of the U.S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels (most of the courts of appeal almost always sit in panels of three), the earlier panel decision

7670-860: The common law, or legislatively overrule the common law. Common law still has practical applications in some areas of law. Examples are contract law and the law of torts . At earlier stages in the development of modern legal systems and government, courts exercised their authority in performing what Roscoe Pound described as an essentially legislative function. As legislation became more comprehensive, courts began to operate within narrower limits of statutory interpretation . Jeremy Bentham famously criticized judicial lawmaking when he argued in favor of codification and narrow judicial decisions. Pound comments that critics of judicial lawmaking are not always consistent - sometimes siding with Bentham and decrying judicial overreach, at other times unsatisfied with judicial reluctance to sweep broadly and employ case law as

7788-410: The completed package will keep the product safe for its intended shelf life with normal usage. Packaging processes, labeling, distribution, and sale need to be validated to assure that they comply with regulations that have the well being of the consumer in mind. Sometimes the objectives of package development seem contradictory. For example, regulations for an over-the-counter drug might require

7906-415: The consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. ... There must be knowledge of a danger, not merely possible, but probable. Cardozo's new "rule" exists in no prior case, but

8024-516: The decisions they made with the other judges. These decisions would be recorded and filed. In time, a rule, known as stare decisis (also commonly known as precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another. Once judges began to regard each other's decisions to be binding precedent,

8142-542: The deep body of law in Delaware on these issues. On the other hand, some other jurisdictions have sufficiently developed bodies of law so that parties have no real motivation to choose the law of a foreign jurisdiction (for example, England and Wales, and the state of California), but not yet so fully developed that parties with no relationship to the jurisdiction choose that law. Outside the United States, parties that are in different jurisdictions from each other often choose

8260-485: The early 20th century, common law was widely considered to derive its authority from ancient Anglo-Saxon customs. Well into the 19th century, common law was still defined as an ancient, unwritten law in legal dictionaries including Bouvier's Law Dictionary and Black's Law Dictionary . The term "judge-made law" was introduced by Jeremy Bentham as a criticism of this pretense of the legal profession but acceptance of William Blackstone 's declaratory theory of common law

8378-494: The emergence of a consensus from a multitude of particularized prior decisions". Justice Cardozo noted the "common law does not work from pre-established truths of universal and inflexible validity to conclusions derived from them deductively", but "[i]ts method is inductive, and it draws its generalizations from particulars". The common law is more malleable than statutory law. First, common law courts are not absolutely bound by precedent, but can (when extraordinarily good reason

8496-489: The first university in the world to offer a degree in Packaging Engineering . In-plant recycling has long been typical for producing packaging materials. Post-consumer recycling of aluminum and paper-based products has been economical for many years: since the 1980s, post-consumer recycling has increased due to curbside recycling , consumer awareness, and regulatory pressure. Many prominent innovations in

8614-461: The following general types: Common law Common law (also known as judicial precedent , judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law

8732-605: The general public. After the American Revolution, Massachusetts became the first state to establish an official Reporter of Decisions. As newer states needed law, they often looked first to the Massachusetts Reports for authoritative precedents as a basis for their own common law. The United States federal courts relied on private publishers until after the Civil War, and only began publishing as

8850-462: The gift is given with an implicit or explicit agreement between the giver of the gift and its receiver that some type of service will be rendered (often outside of normal legitimate methods) because of the gift. Some groups, such as government workers, may have strict rules concerning gift giving and receiving so as to avoid the appearance of impropriety. Cross border monetary gifts are subject to taxation in both source and destination countries based on

8968-407: The giver pays more for the item than the recipient values it, resulting in a misallocation of economic resources known as a deadweight loss . Unwanted gifts are often " regifted ", donated to charity, or thrown away. A gift that actually imposes a burden on the recipient, either due to maintenance or storage or disposal costs, is known as a white elephant . One means of reducing the mismatch between

9086-518: The giver was thoughtful, or spent time and effort on the gift. At common law , for a gift to have legal effect, it was required that there be (1) intent by the donor to give a gift, and (2) delivery to the recipient of the item to be given as a gift. In some countries, certain types of gifts above a certain monetary amount are subject to taxation. For the United States, see Gift tax in the United States . In some contexts, gift giving can be construed as bribery . This tends to occur in situations where

9204-454: The government. Eyres (a Norman French word for judicial circuit, originating from Latin iter ) are more than just courts; they would supervise local government, raise revenue, investigate crimes, and enforce feudal rights of the king. There were complaints of the eyre of 1198 reducing the kingdom to poverty and Cornishmen fleeing to escape the eyre of 1233. Henry II's creation of a powerful and unified court system, which curbed somewhat

9322-419: The gradual change that typifies evolution of the common law is the gradual change in liability for negligence. The traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful instrumentality unless the two were parties to a contract ( privity of contract ). Thus, only the immediate purchaser could recover for

9440-533: The identification of all the requirements: structural design, marketing , shelf life , quality assurance , logistics , legal, regulatory, graphic design , end-use, environmental, etc. The design criteria, performance (specified by package testing ), completion time targets, resources, and cost constraints need to be established and agreed upon. Package design processes often employ rapid prototyping , computer-aided design , computer-aided manufacturing and document automation . An example of how package design

9558-486: The law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. More recent decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts. Finally, one integrates all

9676-537: The law of England and Wales, particularly when the parties are each in former British colonies and members of the Commonwealth. The common theme in all cases is that commercial parties seek predictability and simplicity in their contractual relations, and frequently choose the law of a common law jurisdiction with a well-developed body of common law to achieve that result. Likewise, for litigation of commercial disputes arising out of unpredictable torts (as opposed to

9794-422: The legislative process is very difficult to get started, as the work begins much earlier than just introducing a bill. Once the legislation is introduced, the process to getting it passed is long, involving the committee system, debate, the potential of conference committee, voting, and President approval. Because of the involved process, many pieces must fall into place in order for it to be passed. One example of

9912-420: The legislature has had the foresight and diligence to address the precise set of facts applicable to a particular situation. For that reason, civil law statutes tend to be somewhat more detailed than statutes written by common law legislatures—but, conversely, that tends to make the statute more difficult to read. The common law—so named because it was "common" to all the king's courts across England—originated in

10030-473: The lines drawn and reasons given, and determines "what the law is". Then, one applies that law to the facts. In practice, common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction , and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in

10148-475: The manufacturer of an elevator; in Davies v. Pelham Hod Elevating Co. (65 Hun, 573; affirmed in this court without opinion, 146 N. Y. 363) to a contractor who furnished a defective rope with knowledge of the purpose for which the rope was to be used. We are not required at this time either to approve or to disapprove the application of the rule that was made in these cases. It is enough that they help to characterize

10266-413: The method to England where it was improved by ironmasters including Philip Foley . By 1697, John Hanbury had a rolling mill at Pontypool for making "Pontypoole Plates". The method pioneered there of rolling iron plates by means of cylinders enabled more uniform black plates to be produced than was possible with the former practice of hammering . Tinplate boxes first began to be sold from ports in

10384-472: The more controversial clauses of the Constitutions of Clarendon . Henry nevertheless continued to exert influence in any ecclesiastical case which interested him and royal power was exercised more subtly with considerable success. The English Court of Common Pleas was established after Magna Carta to try lawsuits between commoners in which the monarch had no interest. Its judges sat in open court in

10502-424: The most important factor in the boundary would be the nature of the thing sold and the foreseeable uses that downstream purchasers would make of the thing. The example of the evolution of the law of negligence in the preceding paragraphs illustrates two crucial principles: (a) The common law evolves, this evolution is in the hands of judges, and judges have "made law" for hundreds of years. (b) The reasons given for

10620-577: The official court records for the Courts of Common Pleas and King's Bench, were written in Latin. The rolls were made up in bundles by law term: Hilary, Easter, Trinity, and Michaelmas, or winter, spring, summer, and autumn. They are currently deposited in the UK National Archives , by whose permission images of the rolls for the Courts of Common Pleas, King's Bench, and Exchequer of Pleas, from

10738-546: The old decision is right, and that it is not sufficiently wrong to be overruled. In the jurisdictions of England and Wales and of Northern Ireland , since 2009, the Supreme Court of the United Kingdom has the authority to overrule and unify criminal law decisions of lower courts; it is the final court of appeal for civil law cases in all three of the UK jurisdictions, but not for criminal law cases in Scotland, where

10856-620: The ordinary usage to be contemplated by the vendor". However, held the Cadillac court, "one who manufactures articles dangerous only if defectively made, or installed, e.g., tables, chairs, pictures or mirrors hung on the walls, carriages, automobiles, and so on, is not liable to third parties for injuries caused by them, except in case of willful injury or fraud". Finally, in the famous case of MacPherson v. Buick Motor Co. , in 1916, Judge Benjamin Cardozo for New York's highest court pulled

10974-571: The package to be tamper-evident and child resistant : These intentionally make the package difficult to open. The intended consumer, however, might be disabled or elderly and unable to readily open the package. Meeting all goals is a challenge. Package design may take place within a company or with various degrees of external packaging engineering : independent contractors , consultants , vendor evaluations, independent laboratories, contract packagers, total outsourcing , etc. Some sort of formal project planning and project management methodology

11092-478: The packaging industry were developed first for military use. Some military supplies are packaged in the same commercial packaging used for general industry. Other military packaging must transport materiel , supplies, foods, etc. under severe distribution and storage conditions. Packaging problems encountered in World War II led to Military Standard or "mil spec" regulations being applied to packaging, which

11210-460: The packaging line, capital cost, floorspace, flexibility (change-over, materials, multiple products, etc.), energy requirements, quality of outgoing packages, qualifications (for food, pharmaceuticals, etc.), throughput, efficiency, productivity, ergonomics , return on investment , etc. Packaging machinery can be: Efforts at packaging line automation increasingly use programmable logic controllers and robotics . Packaging machines may be of

11328-411: The packaging sector accounted for about two percent of the gross national product in developed countries . About half of this market was related to food packaging . In 2019 the global food packaging market size was estimated at USD 303.26 billion, exhibiting a CAGR of 5.2% over the forecast period. Growing demand for packaged food by consumers owing to quickening pace of life and changing eating habits

11446-476: The patent, Durand did not himself follow up with canning food. He sold his patent in 1812 to two other Englishmen, Bryan Donkin and John Hall, who refined the process and product and set up the world's first commercial canning factory on Southwark Park Road, London. By 1813, they were producing the first canned goods for the Royal Navy . The progressive improvement in canning stimulated the 1855 invention of

11564-584: The power of canonical (church) courts, brought him (and England) into conflict with the church, most famously with Thomas Becket , the Archbishop of Canterbury . The murder of the archbishop gave rise to a wave of popular outrage against the King. International pressure on Henry grew, and in May 1172 he negotiated a settlement with the papacy in which the King swore to go on crusade as well as effectively overturned

11682-725: The practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. Prior to the Norman Conquest, much of England's legal business took place in the local folk courts of its various shires and hundreds . A variety of other individual courts also existed across the land: urban boroughs and merchant fairs held their own courts, and large landholders also held their own manorial and seigniorial courts as needed. The degree to which common law drew from earlier Anglo-Saxon traditions such as

11800-420: The pre-Norman system of local customs and law varying in each locality was replaced by a system that was (at least in theory, though not always in practice) common throughout the whole country, hence the name "common law". The king's object was to preserve public order, but providing law and order was also extremely profitable – cases on forest use as well as fines and forfeitures can generate "great treasure" for

11918-540: The presentation of evidence , a distinguishing factor from today's civil and criminal court systems. At the time, royal government centered on the Curia Regis (king's court), the body of aristocrats and prelates who assisted in the administration of the realm and the ancestor of Parliament , the Star Chamber , and Privy Council . Henry II developed the practice of sending judges (numbering around 20 to 30 in

12036-460: The process of designing, evaluating, and producing packages. Packaging can be described as a coordinated system of preparing goods for transport, warehousing, logistics , sale, and end use. Packaging contains, protects, preserves, transports, informs, and sells. In many countries it is fully integrated into government, business, institutional, industrial, and for personal use. Package labeling ( American English ) or labelling ( British English )

12154-444: The prospective choice of law clauses in contracts discussed in the previous paragraph), certain jurisdictions attract an unusually high fraction of cases, because of the predictability afforded by the depth of decided cases. For example, London is considered the pre-eminent centre for litigation of admiralty cases. This is not to say that common law is better in every situation. For example, civil law can be clearer than case law when

12272-515: The registry typically did so because they wished to signal a closer relationship to the couple by personalizing a gift, and also found that as a result of not abiding by the recipients' preferences, their gifts were appreciated less often. An estimated $ 3.4 billion was spent on unwanted Christmas gifts in the United States in 2017. The day after Christmas is typically the busiest day for returns in countries with large Christmas gift giving traditions. The total unredeemed value of gift cards purchased in

12390-437: The same gifts more than once while recipients are more open to receiving a repeated gift, givers prefer to avoid giving self-improvement products (e.g., self-help books ) as gifts while recipients are more open to receiving such gifts, when choosing between giving digital and physical gift cards , givers opt for the latter more often than recipients want, and many receivers prefer a future experience instead of an object , or

12508-435: The same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law , statutory law and regulatory law also give rise to considerable complexity. Oliver Wendell Holmes Jr. cautioned that "the proper derivation of general principles in both common and constitutional law ... arise gradually, in

12626-499: The statute did not affirmatively require statutory solemnization and was silent as to preexisting common law. Court decisions that analyze, interpret and determine the fine boundaries and distinctions in law promulgated by other bodies are sometimes called "interstitial common law," which includes judicial interpretation of fundamental laws, such as the US Constitution , of legislative statutes, and of agency regulations , and

12744-411: The statute must "speak directly" to the question addressed by the common law. Mobil Oil Corp. v. Higginbotham , 436 U. S. 618, 625 (1978); Milwaukee v. Illinois , 451 U. S. 304, 315 (1981). As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage , because

12862-812: The style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in mixed legal systems that combine the common law with the civil law, including Antigua and Barbuda, Australia , The Bahamas , Bangladesh, Barbados, Belize, Botswana, Cameroon, Canada (both the federal system and all its provinces except Quebec), Cyprus , Dominica, Fiji, Ghana, Grenada, Guyana, Hong Kong , India , Ireland , Israel , Jamaica, Kenya, Liberia, Malaysia , Malta , Marshall Islands, Micronesia, Myanmar, Namibia, Nauru, New Zealand , Nigeria, Pakistan , Palau, Papua New Guinea, Philippines, Sierra Leone, Singapore , South Africa , Sri Lanka , Trinidad and Tobago,

12980-463: The thirteenth century has been traced to Bracton 's On the Laws and Customs of England and led to the yearly compilations of court cases known as Year Books , of which the first extant was published in 1268, the same year that Bracton died. The Year Books are known as the law reports of medieval England, and are a principal source for knowledge of the developing legal doctrines, concepts, and methods in

13098-760: The treaty between the two countries. Lewis Hyde claims in The Gift that Christianity considers the Incarnation and subsequent death of Jesus to be the greatest gift to humankind, and that the Jataka contains a tale of the Buddha in his incarnation as the Wise Hare giving the ultimate alms by offering himself up as a meal for Sakka . (Hyde, 1983, 58–60) In the Eastern Orthodox Church ,

13216-405: The trend of judicial thought. We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, explosives, and things of like nature, to things which in their normal operation are implements of destruction. If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of

13334-407: The type of product being packaged: medical device packaging, bulk chemical packaging, over-the-counter drug packaging, retail food packaging , military materiel packaging, pharmaceutical packaging, etc. It is sometimes convenient to categorize packages by layer or function: primary , secondary , tertiary ,etc. These broad categories can be somewhat arbitrary. For example, depending on

13452-593: The use, a shrink wrap can be primary packaging when applied directly to the product, secondary packaging when used to combine smaller packages, or tertiary packaging when used to facilitate some types of distribution, such as to affix a number of cartons on a pallet. Packaging can also have categories based on the package form. For example, thermoform packaging and flexible packaging describe broad usage areas. Many types of symbols for package labeling are nationally and internationally standardized. For consumer packaging, symbols exist for product certifications (such as

13570-570: Was "common" to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. England spread the English legal system across the British Isles, first to Wales, and then to Ireland and overseas colonies ; this was continued by the later British Empire . Many former colonies retain the common law system today. These common law systems are legal systems that give great weight to judicial precedent, and to

13688-497: Was devised as a means of compensating someone for wrongful acts known as torts , including both intentional torts and torts caused by negligence , and as developing the body of law recognizing and regulating contracts . The type of procedure practiced in common law courts is known as the adversarial system ; this is also a development of the common law. In 1154, Henry II became the first Plantagenet king. Among many achievements, Henry institutionalized common law by creating

13806-418: Was near universal for centuries. Many notable writers, including A. V. Dicey , William Markby , Oliver Wendell Holmes , John Austin , Roscoe Pound , and Ezra Ripley Thayer , eventually adopted the modern definition of common law as "case law" or ratio decidendi , which serves as binding precedent . In a common law jurisdiction several stages of research and analysis are required to determine "what

13924-586: Was then designated "military specification packaging". As a prominent concept in the military, mil spec packaging officially came into being around 1941, due to operations in Iceland experiencing critical losses, ultimately attributed to bad packaging. In most cases, mil spec packaging solutions (such as barrier materials, field rations , antistatic bags , and various shipping crates ) are similar to commercial grade packaging materials, but subject to more stringent performance and quality requirements. As of 2003 ,

#76923