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Articles 1 - 15 of 15
Full-Text Articles in Law
Evidence--Contracts--Custom And Usages--Contradiction Of Statutory Definition By Trade Usage Or Special Contract, W. P. L.
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Intention Fallacy In The Construction Of Title Retaining Contracts, Abraham J. Levin
The Intention Fallacy In The Construction Of Title Retaining Contracts, Abraham J. Levin
Michigan Law Review
''Truth", said William James, "lives for the most part on a credit system. Our thoughts and beliefs 'pass', so long as nothing challenges them, just as bank-notes pass, so long as nobody refuses them." This can also be said of legal principles. In the interpretation and construction of conditional sales and kindred title retaining instruments the courts and lawyers and text writers have assumed that the intention of the parties governs under all circumstances regardless of whether the suit is between the original parties to the contract, or whether the issue involves the rights of third parties. So far as …
Contracts For The Benefit Of Third Parties, James L. Parks
Contracts For The Benefit Of Third Parties, James L. Parks
University of Missouri Bulletin Law Series
If the modern theory of consideration is that it is compensation in the form of either a promise, or an act for a promisor's agreement, it is impossible to contend that a defendant in a contract for the benefit of a third party has not received it, if the contract between him and his promisee complies with the requisites of simple contract law. Under these conditions there will be consideration, but it will move from the promisee and not from the plaintiff-beneficiary.
New Types Of Negotiable Paper
Michigan Law Review
Admirers of the common law are prone to point with pride to its adaptability to meet changing conditions. In codification the tendency toward rigidity would seem to be almost inevitable, particularly in so far as there is an indulgence in attempts at definition. The Uniform Negotiable Instruments Law affords examples of the price to be paid in departing from the ready elasticity of the common law.
Proof Of Good Faith, Jason L. Honigman
Proof Of Good Faith, Jason L. Honigman
Michigan Law Review
Section 59 of the Uniform Negotiable Instruments Law provides, that, "Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to the acquisition of such defective title." Numerous questions of interpretation have arisen in …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Notice Of Acceptance Of A Guaranty Contract
Notice Of Acceptance Of A Guaranty Contract
Michigan Law Review
In the recent case of Midland Nat. Bank v. Security Elevator Co. (Minn. 1924) 200 N. W. 851, the important question arises as to whether there need be a communicated acceptance of a guaranty in order to consummate a binding undertaking on the part of the guarantor. On this question there is great confusion in the authorities, both as to results and as to reasoning.
The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake
The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake
Michigan Law Review
Not the least serious of the evil effects of the Great War has been the resultant collapse in value of the currencies of foreign countries and the consequent dislocation of exchanges. The case of Sirie v. Godfrey, decided in the Appellate Division of the Supreme Court of New York, presents clearly one of the legal problems arising out of this situation. Goods were bought by an American lady in Paris, in 1913 and 1914, at a cost of about 10,000 francs. These goods were delivered in due time but were not paid for. At the time the goods were …
Conflict Of Laws Rules As Constitutional Limitations
Conflict Of Laws Rules As Constitutional Limitations
Michigan Law Review
With the constant growth of the United States as a commercial nation, it has been inevitable that state lines should figure in business transactions to an ever diminishing extent. Business relations, keeping pace with the rapid development of modem means of transportation, have increasingly assumed an interstate aspect. With this extension of commercial dealings, the question of the legal rights of the parties so engaged has frequently arisen. Diversity of local rules of law has led to much litigation and disagreement. Differences in local rules might be overcome through the services of competent commercial lawyers, and contracts might then be …
Specific Performance Of A Parol Agreement To Convey Real Estate. Part Performance To Take The Contract Out Of The Statute Of Frauds, J. H. W.
West Virginia Law Review
No abstract provided.
The Doctrine Of Anticipatory Breach As Applied In West Virginia, Robert J. Riley
The Doctrine Of Anticipatory Breach As Applied In West Virginia, Robert J. Riley
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Effect Of An Offeror's Death Upon His Outstanding Offer, James Lewis Parks
The Effect Of An Offeror's Death Upon His Outstanding Offer, James Lewis Parks
Michigan Law Review
If A makes an offer to contract with B and dies before B accepts, it has generally been said that the offer is at an end, and that no contract can result, even though later B gives an acceptance without knowing of A's intervening death. To support this rule, it has been stated that a contract can not exist unless the minds of the parties have met, and as the offeror's mind has passed on with his decease, there can be no subsequent mutual assent. It has been convincingly shown that the reasoning of such a decision is unfortunate and …
Justification For Inducing Breach Of Contract
Justification For Inducing Breach Of Contract
Michigan Law Review
Liability for inducing breach of contract, though of comparatively recent development in the field of torts, has grown so rapidly and with so little method or system in many decisions, that courts are somewhat anxious to find legitimate theories for checking the wholesale recoveries resulting from the application of the general principle. Justification for the tort shows some promise of being one of the checks for which the courts have been searching. The recent English case of Brimelow v. Casson (Aug. 1294) 93 L. J. Rep. 256, sheds some light on the problem of justification. In that case the plaintiff …