Also known as:formulae · formulary · formata · formulary system · Roman formula
Written by attorneys · grounded in primary & secondary sources — see below
A prescribed method or recipe for compounding a chattel. A manufacturer using such a method that is secret or unlikely to be understood by expected users must exercise reasonable care in adopting the method and in providing directions that make the chattel reasonably safe for its intended use.
Sources & Authorities
How it applies
Common Examples
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Secret Cleaning Compound
Foxfire Biotech compounds a new industrial solvent using a secret formula. It ships the solvent without any usage instructions. A worker at a client plant suffers chemical burns when the solvent reacts unexpectedly with water. The manufacturer faces liability for failing to supply directions that would have made the product safe for ordinary use.
Landmark Designation Balance
Frontier Capital owns Grand Central Terminal. New York City designates the building a landmark, blocking a proposed office tower above it. The owner claims the restriction destroys the property's economic value. The court weighs the owner's investment-backed expectations against the city's preservation goals without applying any rigid calculation.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Restatements
Dictionaries
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Marriage Recognition Analysis
Fumiko Fujimoto and her partner seek a marriage license in a state that refuses recognition to same-sex couples. They argue the exclusion burdens a fundamental liberty. The court identifies the right to marry as fundamental by examining the interests at stake rather than following any fixed test.
Obergefell v. Hodges576 U.S. 644 (2015)
Contraception Privacy Claim
Freya Freeman, a married woman, seeks a prescription for contraception from a licensed physician. State law criminalizes providing or using such devices. The court recognizes a right of privacy protecting intimate marital decisions without relying on any single textual provision.
Griswold v. Connecticut381 U.S. 479 (1965)
Trust Notice Requirements
Fairfield Bank serves as trustee for a common trust fund. It publishes notice of an accounting in a local newspaper but does not mail individual notice to known beneficiaries. A beneficiary later objects that she never received actual notice. The court requires notice reasonably calculated to reach interested parties.
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
Public Official Libel Standard
Felix Franco, a city commissioner, sues a newspaper over an advertisement criticizing his official conduct. The advertisement contains factual errors. The court requires the official to prove actual malice before recovering damages for defamation.
New York Times v. Sullivan376 U.S. 254 (1964)
Common questions
Frequently Asked
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When a separation agreement keeps profit-sharing details confidential, what must the divorce decree still include?+
The decree must identify the agreement and state that the court found its terms not unconscionable. This satisfies the court's review obligation while respecting the parties' choice to withhold the specific formula from public record.
Supporting sources
Does a dispute over adjusting child support for overtime pay fall inside an arbitration clause covering custody and support?+
Yes. The dispute concerns how parental income affects the amount of financial support for the child. It therefore qualifies as a child-related issue within the scope of the arbitration agreement.
Supporting sources
May a court deny primary custody solely because a parent engages in secret online gambling?+
No. Private conduct that does not affect the parent's relationship with the child or the child's well-being does not control the custody decision. The best-interest analysis focuses on factors that actually impact the child.
Supporting sources
376 U.S. 254 (1964)Remedies
…contempt, advocacy of unlawful acts, breach of the peace, obscenity, solicitation of legal business, and the various other formulae for the repression of expression that have been challenged in this court, libel can claim no talismanic immunity from constitutional limitations. It must be measured by standards that…