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doi: 10.2139/ssrn.2943971
Analytical measurement plays a critical role in modern society. 'Millions of analytical measurements are made every day in thousands of laboratories around the world. There are innumerable reasons for making these measurements, for example: as a way of valuing goods for trade purposes; supporting healthcare; checking the quality of drinking water; analyzing the elemental composition of an alloy to confirm its suitability for use in aircraft construction … Virtually every aspect of society is supported in some way by analytical measurement'. It should come as no surprise then that measurements often play an important role in legal disputes as well. In a Contract action, a measurement can determine whether the merchandise delivered by the defendant satisfied the specifications in the agreement between the plaintiff and the defendant. In a Patent lawsuit, a measurement could be dispositive of the question of whether the defendant’s product infringes the plaintiff’s patent. In a Property dispute, a measurement could well determine whether the structure that the defendant constructed trespasses onto the plaintiff’s land.
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