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Full-Text Articles in Law
Equity Derivatives And The Challenge For Berle’S Conception Of Corporate Accountability, Janis Sarra
Equity Derivatives And The Challenge For Berle’S Conception Of Corporate Accountability, Janis Sarra
Seattle University Law Review
With the proliferation of equity derivatives and related structured financial products, the North American conception of corporate governance faces a new and distinct challenge to its underlying premises.This Article analyzes these developments with a focus on the implications for director and officer accountability and corporate sustainability, using the occasion of the third symposium of the Adolf A. Berle, Jr. Center on Corporations, Law & Society to consider whether Berle’s analysis of corporate accountability offers any insights into how to address the uncoupling of economic interest and legal rights in corporate governance. Part II of this Article sets the context for …
The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.
The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.
University of Richmond Law Review
No abstract provided.
The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth
The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth
University of Richmond Law Review
In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891,1 thus adopting the Uniform Trust Code ("UTC"), with modifications considered appropriate to this state's institutions, traditions, and jurisprudence. The Virginia Uniform Trust Code ("Virginia UTC"), set forth in new Chapter 31 of Title 55 of the Virginia Code, has an effective date of July 1, 2006, but, once in effect, it will be applicable (with some exceptions) to trusts created before, on, or after that date. The new Virginia UTC, which encompasses the great bulk of the principles and rules that comprise the law of trusts in Virginia, …
The Four Phases Of Promissory Estoppel, Eric Mills Holmes
The Four Phases Of Promissory Estoppel, Eric Mills Holmes
Seattle University Law Review
Case law accurately delineates the four evolutionary stages of promissory estoppel. As an overview, promissory estoppel has evolved in American case law in four developmental stages: (1) Estoppel Phase, consisting initially of “defensive equitable estoppel” to estop contract defenses based on statutes of limitations and the statute of frauds. In the second part of this first phase, courts have extended “estoppel” based on representations of facts to “promissory” representations and enforced the promissory basis of the representation, thereby creating an affirmative theory of relief. Thus, this first phase of promissory estoppel consists of defensive equitable estoppel and offensive equitable estoppel. …
Law And Equity In Contract Enforcement, Emily L. Sherwin
Law And Equity In Contract Enforcement, Emily L. Sherwin
Maryland Law Review
No abstract provided.
The Real Estate Installment Sale Contract: Its Drafting, Use, Enforcement, And Consequences, Maurice Cathey
The Real Estate Installment Sale Contract: Its Drafting, Use, Enforcement, And Consequences, Maurice Cathey
University of Arkansas at Little Rock Law Review
No abstract provided.
A Definition Of "Investment Contracts" And Equitable Defenses To Suit For Rescission For Nonregistration Under The Arkansas Securities Act, Anne P. Ritchey
A Definition Of "Investment Contracts" And Equitable Defenses To Suit For Rescission For Nonregistration Under The Arkansas Securities Act, Anne P. Ritchey
University of Arkansas at Little Rock Law Review
No abstract provided.
Profits And Their Recovery, Graham Douthwaite
Profits And Their Recovery, Graham Douthwaite
Villanova Law Review
No abstract provided.
The Nature Of The Arbitration Process, William M. Hepburn, Pierre R. Loiseaux
The Nature Of The Arbitration Process, William M. Hepburn, Pierre R. Loiseaux
Vanderbilt Law Review
The process of reaching a decision in labor-management arbitrations involves many uncertain factors. As to the final result in a case, we can perhaps say that it is in accord with the contract of the parties or that it is not; that it is "fair" or not; "practical" or unworkable; or that it accords with "public policy" or violates it. Some or all of the criteria discussed in this article may be satisfied in a particular case, but, as is proper, the parties are most often interested in basic equities, in whether an award can be brought within the ambit …
Equity--Contracts In Restraint Of Trade--Partial Enforcement--Ceresia V. Mitchell, James S. Kostas
Equity--Contracts In Restraint Of Trade--Partial Enforcement--Ceresia V. Mitchell, James S. Kostas
Kentucky Law Journal
No abstract provided.
Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile
Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile
Washington and Lee Law Review
No abstract provided.
Specific Performance-Marketable Title To Realty-Compelling Vendor To Purchase Outstanding Interest, Robert Dilts
Specific Performance-Marketable Title To Realty-Compelling Vendor To Purchase Outstanding Interest, Robert Dilts
Michigan Law Review
Plaintiffs sued for specific performance of a contract for the sale of real estate. Their attorney had concluded that the abstract furnished by defendant indicated a possible outstanding undivided one-half interest in the property. Refusing to accept a conveyance unless the alleged defect was eliminated or protection offered against an attack on the title, plaintiffs sought a decree requiring defendant to clear title and convey according to the contract. There was no showing that defendant could obtain a conveyance of the alleged outstanding interest. Held, specific performance denied. Bartos v. Czerwinski, 323 Mich. 87, 34 N.W. (2d) 566 …
Quasi-Contracts-Recission-Liability And Remedies For Innocent Misrepresentation, Bruce L. Moore S.Ed.
Quasi-Contracts-Recission-Liability And Remedies For Innocent Misrepresentation, Bruce L. Moore S.Ed.
Michigan Law Review
A number of courts and most writers recognize the existence of three types of misrepresentation. One type is described as intentional, a second type as negligent, and a third type as innocent. An innocent misrepresentation may be defined as one believed to be true and made without negligence, but false in fact.
Equity-Certainty And Completeness Of Terms As Prerequisites To Specific Enforcement Of A Contract To Sell Land
Washington and Lee Law Review
No abstract provided.
Fusion Of Law And Equity--Suit At Law For Purchase Price Of Land, Henry Howe Bramblet
Fusion Of Law And Equity--Suit At Law For Purchase Price Of Land, Henry Howe Bramblet
Kentucky Law Journal
No abstract provided.
Election Of Remedies- Contracts Induced By Fraud, Michigan Law Review
Election Of Remedies- Contracts Induced By Fraud, Michigan Law Review
Michigan Law Review
In 1939, plaintiff brought an action alleging in his complaint that defendant became indebted to him on December 17, 1928, for $13,400, for money had and received by defendant to the use of plaintiff. In a bill of particulars plaintiff pointed out that the indebtedness arose from the purchase of certain bonds and the subsequent rescission of the contract of purchase prior to the commencement of this action, basing his right to rescind upon misrepresentations made by, and the fraud of, defendant in inducing the purchase of said bonds. When defendant moved for a summary judgment on the ground that …
Specific Restitution In Equity Of Converted Stocks And Bonds - Farmer V. O'Carroll
Specific Restitution In Equity Of Converted Stocks And Bonds - Farmer V. O'Carroll
Maryland Law Review
No abstract provided.
Equity-Personal Rights-Contract Not To Molest Or Annoy Enforced By Injunction
Equity-Personal Rights-Contract Not To Molest Or Annoy Enforced By Injunction
Indiana Law Journal
No abstract provided.
Equity: Risk Of Loss, Albert R. Jones
Estoppel And Statutes Of Limitation, John P. Dawson
Estoppel And Statutes Of Limitation, John P. Dawson
Michigan Law Review
Among all the spheres of its activity estoppel probably performs no more useful service than in the alleviation of hardship caused by statutes of limitation. Here as in other places the elements of estoppel and its relations to more basic legal concepts are exceedingly hard to define. At some points its effects on limitation acts could be described in terms of express contract; at other points it merges into "fraud"; in general it provides the medium for official expressions of disapproval where civil litigation exceeds the permissible limits of private warfare.
Contracts - Assignment - Right Of Partial Assignee
Contracts - Assignment - Right Of Partial Assignee
Michigan Law Review
One White assigned to the plaintiff, for a valuable consideration, part of the amount due him (White) from the defendant as wages for the last half of October. Before the time of payment on November 15th, the plaintiff had given written notice of the partial assignment to the debtor, defendant, who refused to recognize it, and who on the 15th of November paid the total sum due to White. Plaintiff sues in equity for. the $25.00 assigned to him, alleging the above facts. Held, that the defendant was in equity bound by the notice of the partial assignment and must …
Contracts-Breach Of Implied Warranty That Construction Be Usable For Purpose Intended
Contracts-Breach Of Implied Warranty That Construction Be Usable For Purpose Intended
Michigan Law Review
Plaintiff and defendant entered into a contract by the terms of which defendant was to assign to plaintiff an equity in a land contract to purchase a lot. The plaintiff was to complete the payments and sell to the defendant on a land contract this same lot with a house and garage to be erected by the plaintiff, an experienced builder, according to plans and specifications to be drawn by the latter. The defendant was to be given credit for the amount he had previously paid on the lot, and the price was further reduced by the defendant doing the …
Review: The Recission Of Contracts And Cancellation Of Written Instruments
Review: The Recission Of Contracts And Cancellation Of Written Instruments
Michigan Law Review
A review of THE RECISSION OF CONTRACTS AND CANCELLATION OF WRITTEN INSTRUMENTS By Henry Campbell Black.