The Trouble with Trebles: What Violates G.S. 75-1.1?

At first glance the North Carolina Unfair and Deceptive Trade Practices Act appears to be a broad, almost unconstitutionally vague statute. Its federal counterpart, the Federal Trade Commission Act, evoked similar responses when it was first enforced. Like the FTC Act, North Carolina General Statute § 75-1.1 has taken shape through judicial interpretation and legislative modification. (North Carolina General Statutes hereinafter referred to as G.S.). As this process has proceeded over the last decade or so, many aspects of the scope and application of the statute have been determined. No general answer, however, has been given to the question of just what does violate the statute. The boundary between a simple breach of contract, rendering one liable for at most simple damages, and an unfair trade practice, rendering one liable for treble damages and attorney\u27s fees, remains ill-defined. The significance of the question is clear, both to the used car dealer and his customer arguing over an $800 automobile, and to the businessman whose$8,000,000 deal falls through. This problem is highlighted, but not illuminated, by the conflict of analytical processes between the Supreme Court of North Carolina and the U.S. Court of Appeals for the Fourth Circuit. This conflict is evidence of uncertainty in the objectives of the statute and uncertainty among the judiciary as to the basic desirability of the statutory remedy

The Trouble with Trebles: What Violates G.S. 75-1.1?

At first glance the North Carolina Unfair and Deceptive Trade Practices Act appears to be a broad, almost unconstitutionally vague statute. Its federal counterpart, the Federal Trade Commission Act, evoked similar responses when it was first enforced. Like the FTC Act, North Carolina General Statute § 75-1.1 has taken shape through judicial interpretation and legislative modification. (North Carolina General Statutes hereinafter referred to as G.S.). As this process has proceeded over the last decade or so, many aspects of the scope and application of the statute have been determined. No general answer, however, has been given to the question of just what does violate the statute. The boundary between a simple breach of contract, rendering one liable for at most simple damages, and an unfair trade practice, rendering one liable for treble damages and attorney\u27s fees, remains ill-defined. The significance of the question is clear, both to the used car dealer and his customer arguing over an $800 automobile, and to the businessman whose$8,000,000 deal falls through. This problem is highlighted, but not illuminated, by the conflict of analytical processes between the Supreme Court of North Carolina and the U.S. Court of Appeals for the Fourth Circuit. This conflict is evidence of uncertainty in the objectives of the statute and uncertainty among the judiciary as to the basic desirability of the statutory remedy

The Ursinus Weekly, October 21, 1940

Democrats due tomorrow for rally in gymnasium • Haines group supports Willkie but says FDR will win in November • Bears don wings to swoop down on Blue Hens, 25-0 • Student from Near East is speaker at vespers • Moritz paints picture of life in Chinese colleges • Agan appoints committees as juniors plan year\u27s activities • Pre-legal society to hear about criminal law action • Vocalists from Phila. Opera Company please in musical • College president is named head of local draft board • IRC to discuss new eastern axis at afternoon session • Bears take to passing for air raid on Delaware Hens • F.M. penalty kick takes soccer game from booters, 1-0 • Men\u27s debating society admits two juniors and four frosh • Women debaters hear report on college debate conference • McClure represents Ursinus at Haverford inauguration • Freshmen entertained at tea by the combined YM-YWCA • Noted scholar reviews book written by president McClure • Carter and Miller journey to convention of history associationhttps://digitalcommons.ursinus.edu/weekly/1795/thumbnail.jp

Rational Prediction Of Future Pension Expense: A Simulation Approach

Because future pension expense can have a material influence on a firm’s future earnings, financial analysts are faced with the difficult task of forecasting its impact.  The purpose of this paper is to demonstrate a model that can be used with a simulation approach to predict future pension expense and its associated uncertainties.  Because of the importance and complexity of the pension expense component in the estimate of future earnings, a simulation model acts as a powerful analytical tool that can give the analyst greater confidence as to the magnitude and variability of future pension expense

Return to return point memory

We describe a new class of systems exhibiting return point memory (RPM) that are different from those discussed before in the context of ferromagnets. We show numerically that one dimensional random Ising antiferromagnets have RPM, when configurations evolve from a large field. However, RPM is violated when started from some stable configurations at finite field unlike in the ferromagnetic case. This implies that the standard approach to understanding ferromagnetic RPM systems will fail for this case. We also demonstrate RPM with a set of variables that keep track of spin flips at each site. Conventional RPM for the spin configuration is a projection of this result, suggesting that spin flip variables might be a more fundamental representation of the dynamics. We also present a mapping that embeds the antiferromagnetic chain in a two dimensional ferromagnetic model, and prove RPM for spin exchange dynamics in the interior of the chain with this mapping

Ursinus College Alumni Journal, Spring 1944

Editor\u27s page: Regrets and best wishes; Thank you for writing; Don\u27t forget to vote • President\u27s page • Our war correspondents • Resignation of Jing Johnson • Commencement • Opening of new term • Forums • Men\u27s sports • Messiah • Dr. Haines visits campus • Alumni news • Letters to the alumni • Women\u27s sports • Prominent alumni pass away: Dr. Stibitz; Congressman Ditter dies • Supply store • Men and women in the service • Navy needs officers • Library receives gifts • Alumni association nomineeshttps://digitalcommons.ursinus.edu/alumnijournal/1020/thumbnail.jp