Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

University of New Mexico

Faculty Scholarship

Annual Survey

Articles 1 - 15 of 15

Full-Text Articles in Entire DC Network

Contracts (1964), Frederick M. Hart Jan 1964

Contracts (1964), Frederick M. Hart

Faculty Scholarship

§6.1. Covenants not to compete. In the 1961 ANNUAL SURVEY, attention was called to the large number of cases involving covenants not to compete.1 In that year most of the litigation pitted employer against employee.2 During the 1964 SURVEY year two cases in which the buyer of a business attempted to enforce a covenant not to compete are worth noting. A third case,a decided in 1962, is also included as it provides the necessary background for one of this year's decisions.


Contracts (1963), Frederick M. Hart Jan 1963

Contracts (1963), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. None of the contract cases decided during the 1963 Survey year requires extensive comment. This conclusion probably reflects an approval of the manner in which the Supreme .Judicial Court handled the many issues presented by litigants. In reviewing a year's judicial production, it is easier to get excited about a decision that one disapproves. One trend is worthy of note. From the cases discussed in this and other chapters, it is apparent that the Court is becoming more sophisticated in its understanding and use of the Uniform Commercial Code.


Contracts (1962), Frederick M. Hart Jan 1962

Contracts (1962), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. The 1961 Annual Suroey of American Law pointed to the Uniform Commercial Code as the most significant development in the law of contracts during recent years. This statute, with its many provisions affecting the rules of offer and acceptance, consideration, unconscionable agreements and other aspects of the contractual relationship, will undoubtedly have a substantial effect upon traditional contract concepts. At the very least, there has been a shift from the Willistonian rigidity to Llewellynian flexibility in contracts involving the sale of personal property. Furthermore, with the natural tendency of some courts to reason by analogy and apply the …


Food, Drug, And Cosmetic Law (1961), Frederick M. Hart Jan 1961

Food, Drug, And Cosmetic Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Contracts (1961), Frederick M. Hart Jan 1961

Contracts (1961), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. It has often been argued that certainty is desirable, if indeed not necessary, in that branch of the law which adjusts rights in commercial disputes. Entrepreneurs have the responsibility of weighing business risks, but, as far as possible, they should be relieved of the danger that their commercial judgments may be frustrated by some novel legal decision. There is another attractive attribute of certainty which appeals to some students of jurisprudence - it has a tendency to decrease litigation. Where the law clearly defines rights and liabilities, the commercial community can adjust its actions accordingly and disputes may …


Commercial Law (1961), Frederick M. Hart Jan 1961

Commercial Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Food, Drug, And Cosmetic Law (1960), Frederick M. Hart Jan 1960

Food, Drug, And Cosmetic Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Food, Drug, And Cosmetic Law (1960), Frederick M. Hart Jan 1960

Food, Drug, And Cosmetic Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Commercial Law (1960), Frederick M. Hart Jan 1960

Commercial Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Food, Drug, And Cosmetic Law (1959), Frederick M. Hart Jan 1959

Food, Drug, And Cosmetic Law (1959), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Commercial Law (1959), Frederick M. Hart Jan 1959

Commercial Law (1959), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Food, Drug, And Cosmetic Law (1959), Frederick M. Hart Jan 1959

Food, Drug, And Cosmetic Law (1959), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Food, Drug, And Cosmetic Law (1958), Frederick M. Hart Jan 1958

Food, Drug, And Cosmetic Law (1958), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Food, Drug, And Cosmetic Law (1958), Frederick M. Hart Jan 1958

Food, Drug, And Cosmetic Law (1958), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Commercial Law (1958), Frederick M. Hart Jan 1958

Commercial Law (1958), Frederick M. Hart

Faculty Scholarship

No abstract provided.