这种事当然都是先问当事方啊 谁会直接去找有关部门啊
假如你商场买到有问题的东西 你难道会不回去找商家直接去法院告吗
你不是自己也quote说了 first try to sort it out with the trader concerned 么
这里trader concerned 就是提供广告的sky,你看多少人是通过这个找到他的作者: silverxu 时间: 2016-6-2 14:55:32
silverxu 发表于 2016-6-2 14:03
The High Court of Australia overturned the decision of the Full Court. The High Court noted that Go ...
The Supreme Court decision in Red Eagle Corporation Ltd v Ellis4 does, however, make it clear that in New Zealand, the “mere conduit” defence will be applied relatively strictly.
In that case, the Supreme Court stated that to be a “mere conduit” the conveyor of information must have made it plain to the recipient that he or she is merely passing on information received from another, without making it appear to be information of which the conveyor has first-hand knowledge. Unless it must be obvious to the recipient that information is second-hand, the conveyor who does not make this clear takes the risk that he or she will be taken by the recipient to have spoken from personal knowledge. The Court of Appeal in the Red Eagle case had held that the defendant was a “mere conduit” because his communication contained no hint that he had checked or was capable of checking the correctness of information given to him by a Ms Black. The Supreme Court held this was the wrong approach and that it was the responsibility of Mr Ellis to say that he was merely passing on information that had been supplied to him.
the Supreme Court stated that to be a “mere conduit” the conveyor of information must have made it plain to the recipient that he or she is merely passing on information received from another, without making it appear to be information of which the conveyor has first-hand knowledge. Unless it must be obvious to the recipient that information is second-hand, the conveyor who does not make this clear takes the risk that he or she will be taken by the recipient to have spoken from personal knowledge