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Full-Text Articles in Law

Statute Of Frauds And Land Transactions, Brendan F. Brown Jan 1964

Statute Of Frauds And Land Transactions, Brendan F. Brown

Cleveland State Law Review

The English Parliament enacted the Statute of Frauds in 1676 "for the prevention of many fraudulent practices which are commonly endeavoured to be upheld by perjury and subornation of perjury." It became effective the following year. These practices had become common as a result of the confusion, turmoil, and lawlessness which had accompanied and followed the English Civil War and the Restoration. They were peculiarly common in those categories of transactions which were included within the formalism prescribed by the Statute. Those categories related to land transactions, and to certain types of agreements involving personal property.


Fraud In Realty Transactions, David S. Lake Jan 1964

Fraud In Realty Transactions, David S. Lake

Cleveland State Law Review

In real estate transactions, the law will protect the innocent, unwary, and sometimes stupid, buyer from fraud, misrepresentation and deceit. This article presents a summary of that law, categorized according to the specific matter misrepresented (i.e., misrepresentations of value, income, size or quantity, and condition or quality).


Change Of Neighborhood In Nuisance Cases, Martin A. Levitin Jan 1964

Change Of Neighborhood In Nuisance Cases, Martin A. Levitin

Cleveland State Law Review

The law of nuisance lies somewhere between the legal principle that each person may use his property as he sees fit, and the contradictory principle that he must so use it as not to injure the property or rights of his neighbors. With the growth of our nation, and its changing balance between rural and urban populations, the established principles of tort law as applied to nuisances evidence the "elastic adaptability" of the common law.