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Articles 871 - 888 of 888
Full-Text Articles in Entire DC Network
In Defense Of Certain Provisions Of The Uniform Commercial Code Relating To Formation Of Sales Contracts: A Partial Reply To Professor Babb, Frederick M. Hart
In Defense Of Certain Provisions Of The Uniform Commercial Code Relating To Formation Of Sales Contracts: A Partial Reply To Professor Babb, Frederick M. Hart
Faculty Scholarship
During the past two years, the former Portland Law Review and the reestablished Maine Law Review have carried articles by Professor Babb commenting on many provisions of the uniform Commercial Code. The adverse tenor of Professor Babb's comments causes some concern lest his views serve as a source of restrictive interpretation in the event that the Code is enacted in Maine. It is unlikely that an alert and careful court, confronted with a problem requiring construction of a Code provision, would reach its decision by following the rationale of decisions overruled or made obsolete by the Code, or that it …
Contracts (1963), Frederick M. Hart
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
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
Food, Drug, And Cosmetic Law (1961), Frederick M. Hart
Faculty Scholarship
No abstract provided.
Contracts (1961), Frederick M. Hart
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
Food, Drug, And Cosmetic Law (1960), Frederick M. Hart
Food, Drug, And Cosmetic Law (1960), Frederick M. Hart
Faculty Scholarship
No abstract provided.
Credit Cards And The Virtual Acceptance, Frederick M. Hart
Credit Cards And The Virtual Acceptance, Frederick M. Hart
Faculty Scholarship
A recent case decided in a lower New York court indicates an interesting use of the virtual acceptance. Neither the decision nor the opinion is of great import, but the case is noteworthy because of the theory advocated by the plaintiff which shows a clever (and successful) attempt to adapt a principle developed during the last century to a modern type of credit transaction. In addition, it furnishes an opportunity to discuss a significant change made by the Uniform Commercial Code in the field of Negotiable Instruments. The action was brought by the financer of a credit club to collect …
Testimony By A Judge Or Juror, Frederick M. Hart
Testimony By A Judge Or Juror, Frederick M. Hart
Faculty Scholarship
Although the early history of the jurata shows it to have been chosen from among those who were familiar with the controversy and parties before the court, it has long been recognized that the better system attempts to obtain jurors and judges who have no prior knowledge of the dispute to be tried. In furtherance of this policy the voir dire exists to eliminate unwanted jurymen and similar devices have been established to provide for the disqualification of judges. In spite of these protections, the situation still occasionally arises where it is discovered after a trial has begun that the …
Food, Drug, And Cosmetic Law (1960), Frederick M. Hart
Food, Drug, And Cosmetic Law (1960), Frederick M. Hart
Faculty Scholarship
No abstract provided.
Commercial Law (1960), Frederick M. Hart
Food, Drug, And Cosmetic Law (1959), Frederick M. Hart
Food, Drug, And Cosmetic Law (1959), Frederick M. Hart
Faculty Scholarship
No abstract provided.
Commercial Law (1959), Frederick M. Hart
Food, Drug, And Cosmetic Law (1959), Frederick M. Hart
Food, Drug, And Cosmetic Law (1959), Frederick M. Hart
Faculty Scholarship
No abstract provided.
Food, Drug, And Cosmetic Law (1958), Frederick M. Hart
Food, Drug, And Cosmetic Law (1958), Frederick M. Hart
Faculty Scholarship
No abstract provided.
Food, Drug, And Cosmetic Law (1958), Frederick M. Hart
Food, Drug, And Cosmetic Law (1958), Frederick M. Hart
Faculty Scholarship
No abstract provided.
Commercial Law (1958), Frederick M. Hart
The Postal Fraud Statutes: Their Use And Abuse, Frederick M. Hart
The Postal Fraud Statutes: Their Use And Abuse, Frederick M. Hart
Faculty Scholarship
Mr. Hart Warns That Authority for Issuance of a Fraud Order Should Be Made to Stand Rigid Tests as to Constitutionality.