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Foreword: Fault In American Contract Law, Omri Ben-Shahar, Ariel Porat
Foreword: Fault In American Contract Law, Omri Ben-Shahar, Ariel Porat
Michigan Law Review
The basic rule of liability in tort law is fault. The basic rule of liability in contract law is no fault. This is perhaps one of the most striking divides within private law, the most important difference between the law of voluntary and nonvoluntary obligations. It is this fault line (speaking equivocally) that the present Symposium explores. Is it a real divide-two opposite branches of liability within private law-or is it merely a rhetorical myth? How can it be justified? As law-and-economics scholars, this fault/no-fault divide between contract and tort is all the more puzzling. In law and economics, legal …
Williston: A Treatise On The Law Of Contracts, Collins J. Seitz
Williston: A Treatise On The Law Of Contracts, Collins J. Seitz
Michigan Law Review
A Review of A Treatise on the Law of Contracts. By Samuel Williston.
Nature Of American Religious Corporations, Carl Zollman
Nature Of American Religious Corporations, Carl Zollman
Michigan Law Review
From the earliest period of our history it has been recognized that corporate existence and capacity is desirable if not indispensable in order to carry on the affairs of the various church societies in the most efficient manner. Accordingly various forms of religious corporations have been developed. Of these the earliest, namely the territorial parish and the corporation sole, grew out of the then existing union of church and state. They were public municipal corporations and passed away with the system which had given them birth. Their place was taken by other church corporations of which there are three principal …