Law Commons^™

Introduction—U.S./Japanese Trade: Its Scope And Legal Framework, Dan Fenno Henderson

Washington Law Review

For the past several years, the United States has had more trade with Japan than with any other country in the world, except Canada. Furthermore, the state of Washington has had the highest per capita exports to Japan of any of the states, due largely to wheat, logs, and jet aircraft. Besides its obvious benefits, growing trade interdependence has caused its own frictions which have, in turn, required intervention by the American and Japanese governments. This has produced treaties as well as national legal regulation in both Japan and the United States to supplement the private law of sales. Something …

Arbitration Clauses And Fraudulent Inducement, Anon

Washington Law Review

Plaintiff and defendant entered into a contract containing a provision that "any controversy or claim arising out of or relating to this Agreement... shall be settled by arbitration." A dispute arose and defendant demanded arbitration. Plaintiff brought an action in federal district court to rescind the contract on the ground of fraudulent inducement, moving to stay arbitration. Defendant cross-moved to stay trial pending arbitration. The district court granted defendant's motion and denied plaintiff's. The Second Circuit Court of Appeals affirmed. Held: Unless there is an allegation that the arbitration provision itself was fraudulently induced, an issue of fraudulent inducement of …

Community Antenna Television—A Copyright Infringer, Anon

Washington Law Review

Plaintiff licensed its copyrighted motion pictures to a television broadcasting station. Defendant, a Community Antenna Television (CATV) System, received the station's broadcast, amplified the signal, and retransmitted it via coaxial cable to paying subscribers operating their own television sets in private homes and places of business. Plaintiff brought suit under the Copyright Act, alleging infringement on grounds that defendant had unlawfully performed plaintiff's copyrighted work. Held: Copyright protection of motion pictures extends to movies shown in private homes and places of business by means of CATV systems operated for profit. United Artists Television, Inc. v. Fortnightly Corp., 255 F. Supp. …

Formation Of Contracts For The Sale Of Goods, Calvin W. Corman

Washington Law Review

All advanced legal systems, and all bodies concerned with governing international trade transactions, are today struggling with the problems connected with the need to develop acceptable legal rules for contract formation, particularly involving the sale of goods. This article will set forth some of the problems that are inherent in contract formation, and will describe and compare some of the solutions offered (1) by the civil law systems, especially as seen in Japan, Germany, and France; (2) by the common law systems, especially as expressed both in the developing Second Restatement of Contracts and in the Uniform Commercial Code Article …

Impossibility And Frustration In Sales Contracts, Kiyoshi Igarashi, Luvern V. Rieke

Washington Law Review

Legal principles governing sales under Japanese law, a civil rather than common law system, are at some significant points different from the law of the United States. The treatment accorded problems in the two countries involving "impossibility" of performance and "frustration of purpose" present good examples of the differences. Indeed the latter doctrine, "frustration" in the sense of the well-known Coronation cases, may not have a genuine counterpart in the law of Japan. Historically the differentiation between impossibility and frustration has been difficult enough in the common law, as casual reading of the examples used by Judge Williams in Krell …

Risk Of Loss In Japanese Sales Transactions, Hisashi Tanikawa

Washington Law Review

The problems of risk of loss are defined somewhat more broadly in Japan than in the United States. The American lawyer looks at risk of loss as the problem of determining who shall bear the financial burden when some physical object is damaged or destroyed. While making this determination is also a risk of loss problem in Japan, the Japanese lawyer characterizes additional problems as being within the scope of risk of loss. In Japan risk of loss is an inherent problem in all bilateral contracts, not merely contracts involving the transfer of goods. This is because the common law …

Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway

Washington Law Review

Products liability involves the vulnerability of a supplier of goods in a sales transaction to compensate for defects in the goods and for harm or injury resulting from those defects. The discussion of Japanese law which follows deals with the liability of manufacturers. It does not extend to liability of wholesalers and retailers, since there is no Japanese case authority in point. In the United States, manufacturer's liability is involved in many of the cases and in much of the literature, but there is a vast amount of additional authority involving the liability of wholesalers and retailers. Because some of …

Disclaimers Of Warranty, Limitation Of Liability, And Liquidation Of Damages In Sales Transactions, Teisuke Akamatsu, George H. Bonneville

Washington Law Review

This article will set forth and compare the domestic law of the United States and Japan, in the narrow field of law defined in the title. Many American lawyers may feel that these subjects do not deserve equal dignity with the preceding article on products liability. They are probably right, since no amount of care or study in drafting disclaimers and limitations will protect against suit for personal injuries suffered, say, by a stevedore who steps through a hollow spot in a wrapped bundle of household doors. Moreover, this topic obviously covers only a small part of the general subject …

Form Of Citation Of Japanese Legal Materials, Dan Fenno Henderson, Andy M. Ichiki

Washington Law Review

The chief purpose of a citation, aside from furnishing assurance of scholarly discipline, is to make the author's sources available to others. Citation style rules should strive to do this uniformly, briefly, and clearly. For the sake of uniformity in citing Japanese language sources it is suggested that writers use the manual published by the Harvard Law Review Association, A Uniform System of Citation (11th ed. 1967), whenever its rules can be directly applied, or whenever they can be readily adapted to citation of Japanese sources. New rules are suggested below only for those relatively few instances where they are …

Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson

Washington Law Review

But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …

Imputed Contributory Negligence, Anon

Washington Law Review

A master, riding as passenger in a vehicle operated by his servant within the scope of employment, sustained personal injuries and property damage when the vehicle collided with one negligently operated by an employee of defendant corporation. In the master's suit to recover from defendant corporation, his servant was found contributorily negligent. The trial court ruled that this contributory negligence was imputed to the master, as a matter of law, to bar recovery on his negligence claim. On appeal, the Minnesota Supreme Court reversed. Held: The rule that contributory negligence of a servant acting within the scope of his employment …

Community Antenna Television—A Copyright Infringer, Anon

Washington Law Review

Plaintiff licensed its copyrighted motion pictures to a television broadcasting station. Defendant, a Community Antenna Television (CATV) System, received the station's broadcast, amplified the signal, and retransmitted it via coaxial cable to paying subscribers operating their own television sets in private homes and places of business. Plaintiff brought suit under the Copyright Act, alleging infringement on grounds that defendant had unlawfully performed plaintiff's copyrighted work. Held: Copyright protection of motion pictures extends to movies shown in private homes and places of business by means of CATV systems operated for profit. United Artists Television, Inc. v. Fortnightly Corp., 255 F. Supp. …

Manufacturer's Liability For Defective Automobile Design, Anon

Washington Law Review

"The chariots shall rage in the streets" was a prediction announced twenty-five centuries ago. The degree of fulfillment of this vision must certainly have been beyond the wildest expectations of its maker, for every year, the raging chariots consume tens of thousands of lives and billions of dollars of property in the United States alone. With automobiles as well as chariots, the law has long imposed civil liability as a consequence for negligent operation of a vehicle which results in death or injury. However, liability of a manufacturer for errors in performance of his duties is a recent phenomenon, and …

Ftc Preliminary Relief Powers Under Section 7 Of The Clayton Act, Anon

Washington Law Review

Respondents Dean Foods Company and Bowman Dairy Company, substantial competitors in the sale of packaged milk, planned to merge. Dean was to purchase substantially all of Bowman's assets and Bowman was to cease doing business. The Federal Trade Commission, after issuing a formal complaint under section 7 of the Clayton Act and section 5 of the Federal Trade Commission Act, applied to the Seventh Circuit Court of Appeals for a preliminary injunction to maintain the status quo until the Commission could hold hearings to determine the legality of the merger. Dismissal of the Commission's petition was appealed to the Supreme …

Ftc Preliminary Relief Powers Under Section 7 Of The Clayton Act, Anon

Washington Law Review

Respondents Dean Foods Company and Bowman Dairy Company, substantial competitors in the sale of packaged milk, planned to merge. Dean was to purchase substantially all of Bowman's assets and Bowman was to cease doing business. The Federal Trade Commission, after issuing a formal complaint under section 7 of the Clayton Act and section 5 of the Federal Trade Commission Act, applied to the Seventh Circuit Court of Appeals for a preliminary injunction to maintain the status quo until the Commission could hold hearings to determine the legality of the merger. Dismissal of the Commission's petition was appealed to the Supreme …

Imputed Contributory Negligence, Anon

Washington Law Review

A master, riding as passenger in a vehicle operated by his servant within the scope of employment, sustained personal injuries and property damage when the vehicle collided with one negligently operated by an employee of defendant corporation. In the master's suit to recover from defendant corporation, his servant was found contributorily negligent. The trial court ruled that this contributory negligence was imputed to the master, as a matter of law, to bar recovery on his negligence claim. On appeal, the Minnesota Supreme Court reversed. Held: The rule that contributory negligence of a servant acting within the scope of his employment …

Lottery Approach To Promotional Schemes, Anon

Washington Law Review

Plaintiff, assignee of a conditional sales contract for the purchase of a home fire alarm system, sued defendant-purchaser upon default. The assignor-seller had obtained the contract using a referral sales scheme as an inducement, and plaintiff knew of the scheme at the time of assignment. The scheme included a Representative's Commission Agreement in which seller promised to pay purchaser one hundred dollars for each sale made to purchaser's sixty referrals. In addition, seller promised five Bonus Presentation Guarantees of 200 dollars, each payable when seller had contacted fifteen of purchaser's referrals. Seller represented that the referral plan would pay for …

Problems Of Performance Of Sales Contracts Under Japanese And American Law, Katsuro Kanzaki, William C. Jones

Washington Law Review

This article will discuss the problem of performance of contracts for the sale of goods (personal property) under American and Japanese law. The discussion of American law will be limited almost entirely to the Uniform Commercial Code. Excluded from this discussion are risk of loss, impossibility and frustration, and products liability; these topics are treated elsewhere in this symposium.

Arbitration Clauses And Fraudulent Inducement, Anon

Washington Law Review

Plaintiff and defendant entered into a contract containing a provision that "any controversy or claim arising out of or relating to this Agreement... shall be settled by arbitration." A dispute arose and defendant demanded arbitration. Plaintiff brought an action in federal district court to rescind the contract on the ground of fraudulent inducement, moving to stay arbitration. Defendant cross-moved to stay trial pending arbitration. The district court granted defendant's motion and denied plaintiff's. The Second Circuit Court of Appeals affirmed. Held: Unless there is an allegation that the arbitration provision itself was fraudulently induced, an issue of fraudulent inducement of …

Constitutionality Of The Voting Provisions In The Seventeenth Amendment To The Washington Constitution, Anon

Washington Law Review

The seventeenth amendment to the state constitution provides Washington with one of the most restrictive property tax systems in the nation. Under its provisions the aggregate of tax levies upon real and personal property in any given taxing district may not exceed forty mills on the dollar of assessed valuation in any one year. Moreover, the forty mill limit may be exceeded only when three fifths of the electors voting authorize an excess levy. The amendment further provides that the election is not valid unless the number of persons voting constitutes not less than forty per cent of the total …

Extension Of The Sullivan Rule To Non-Official Public Figures, Anon

Washington Law Review

On two separate occasions, Dr. Linus Pauling sued news services for libel. In one case, involving a magazine which had identified Dr. Pauling as a communist without proof of the accusation, his libel action was dismissed by a New York court. In the second case, an editorial in defendant's newspaper falsely reported that Dr. Pauling had been cited for contempt of Congress. He had failed to comply with a congressional demand for a list of associates who had aided him in circulating a petition against nuclear testing, but was never actually cited for contempt. A federal district court's verdict for …

Lottery Approach To Promotional Schemes, Anon

Washington Law Review

Plaintiff, assignee of a conditional sales contract for the purchase of a home fire alarm system, sued defendant-purchaser upon default. The assignor-seller had obtained the contract using a referral sales scheme as an inducement, and plaintiff knew of the scheme at the time of assignment. The scheme included a Representative's Commission Agreement in which seller promised to pay purchaser one hundred dollars for each sale made to purchaser's sixty referrals. In addition, seller promised five Bonus Presentation Guarantees of 200 dollars, each payable when seller had contacted fifteen of purchaser's referrals. Seller represented that the referral plan would pay for …

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the Tripartite Treaty and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key isues that form the focal points of the disagreement.6 Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle in international law? What are the policy arguments for and against abstention, …

Law And Institutions In The Atlantic Area, Readings, Cases And Problems, By Eric Stein And Peter Hay (1967), Don Berger

Washington Law Review

No abstract provided.

Law And Institutions In The Atlantic Area, Readings, Cases And Problems, By Eric Stein And Peter Hay (1967), Don Berger

Washington Law Review

No abstract provided.

Recreational Rights And Titles To Beds On Western Lakes And Streams, Ralph W. Johnson, Russell A. Austin Jr.

Articles

What rights do riparians, their licensees, and the public have to use the small lakes and streams of the West when the beds are privately owned? This is the question which this Article attempts to answer. However, to do this, an analysis had to be made of which lake and stream beds were privately owned. Thus, the Article covers both the questions of title to beds and rights of surface use. This Article represents the first time that an effort has been made to systematically and comprehensively survey the lake and stream surface use cases of the Western part of …

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the International Convention for High Seas Fisheries of the North Atlantic Ocean (the Tripartite Treaty) and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key issues that form the focal points of the disagreement.

Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle …

Consumer Legislation And The Poor, Eric Schnapper

Articles

No abstract provided.