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Articles 31 - 60 of 88
Full-Text Articles in Contracts
Domestic Relations—Disposition Of Property Upon Termination Of Nonmarital Cohabitation—Marvin V. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), Linda R. Larson
Washington Law Review
Plaintiff and defendant began living together in 1964. At that time they entered into an oral agreement whereby they would combine their earnings and efforts and would share equally in all property accumulated while they cohabited. Plaintiff averred that, in addition, they agreed to hold themselves out to the general public as husband and wife, although both knew defendant was legally married to another woman. Plaintiff then consented to give up her career as an entertainer in exchange for financial support from defendant for the rest of her life. For the following seven years, plaintiff rendered full-time services as a …
Contracts—Modification Agreements: Need For New Consideration; Economic Duress—Rosellini V. Banchero, 83 Wn. 2d 268, 517 P.2d 955 (1974), Curtis L. Crocker
Contracts—Modification Agreements: Need For New Consideration; Economic Duress—Rosellini V. Banchero, 83 Wn. 2d 268, 517 P.2d 955 (1974), Curtis L. Crocker
Washington Law Review
Plaintiff, a contractor, and defendant, a property owner, orally contracted for the construction of defendant's building. The work was to be done on a time and materials basis with a ceiling price of $56,146, plus extras ordered by defendant and sales tax. Payments were to be made to plaintiff in installments' upon presentation of invoices for costs incurred. When construction was approximately 90 percent completed and the subcontractors were demanding payment from him, plaintiff submitted an invoice for $16,720. Defendant at that point manifested a vague dissatisfaction with the "whole job," withheld payment and proposed a written modification agreement lowering …
Contracts—Statue Of Frauds: Part Performance As A Basis For Money Damages—Miller V. Mccamish, 78 Wn.2d 821, 479 P.2d 919 (1971), Anon
Washington Law Review
Plaintiff entered into an oral agreement to work defendant's farm for three years with an option to buy at the end of the term. The agreement specified that plaintiff would receive an annual salary, one-half of which would be retained and applied to the purchase price should plaintiff choose to buy the farm. On election to buy, plaintiff was to receive, as a credit towards the purchase price, one-third of the farm's increased value over $40,000. In addition, the agreement provided for a board of appraisers to settle potential disputes about the farm's value. Plaintiff took possession, made valuable improvements, …
Employment Contracts—Covenants Not To Compete: Inseverable And Unreasonable Covenants Not To Compete May Be Enforced To A Reasonable Extent.—Wood V. May, 73 Wn. 2d 307, 438 P.2d 587 (1968), Anon
Washington Law Review
Plaintiff-employer sought to prevent defendant-employee from competing with him in the horseshoeing business within a proscribed area and time as set forth in an employment agreement between them. The trial court found the area of restriction to be excessive and thus unreasonable and refused to modify the covenant not to compete. It held that the unreasonable restriction was not severable from the remainder of the covenant and that the whole covenant was thus unenforceable. Plaintiff appealed, claiming error in the findings of unreasonableness and indivisibility and in the refusal to modify or enforce the covenant. The Washington Supreme Court upheld …
Problems Of Performance Of Sales Contracts Under Japanese And American Law, Katsuro Kanzaki, William C. Jones
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.
Impossibility And Frustration In Sales Contracts, Kiyoshi Igarashi, Luvern V. Rieke
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 …
Formation Of Contracts For The Sale Of Goods, Calvin W. Corman
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 …
Risk Of Loss In Japanese Sales Transactions, Hisashi Tanikawa
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 …
Arbitration Clauses And Fraudulent Inducement, Anon
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 …
Formation Of Contracts For The Sale Of Goods, Calvin W. Corman
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
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
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 …
Lottery Approach To Promotional Schemes, Anon
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
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
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 …
Lottery Approach To Promotional Schemes, Anon
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 …
Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon
Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon
Washington Law Review
It has been said that "fortunately ... experience indicates that the practical importance of . . . [Uniform Commercial Code priority] problems is probably less than their intellectual challenge."' This may be fair warning to eager students, lawyers, and legal scholars. Such warnings, however, are seldom heeded, and pursuits of intellectual challenge are often productive. Constructive analysis of section 9-301(1) (c) and (1) (d) of the Uniform Commercial Code, insofar as they relate to "chattel paper," "accounts," and "contract rights," may prove to be most beneficial.
Sufficiency Of Proof To Establish Implied Contract, Anon
Sufficiency Of Proof To Establish Implied Contract, Anon
Washington Law Review
Plaintiffs, husband and wife, brought suit against decedent's estate for specific performance of an oral contract to convey or devise real property in return for personal services. An alternative claim asked for the reasonable value of services rendered and expenses paid by plaintiffs in decedent's behalf, and at his request, during the three years preceding his death. Plaintiff wife served as decedent's nurse, housekeeper and occasional provider during this period. Plaintiff husband performed various odd jobs at decedent's request. Throughout this period, plaintiffs received no compensation beyond infrequent use of decedent's lake cabin. Two witnesses testified that decedent told them …
Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon
Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon
Washington Law Review
Plaintiff, operator of a retail furniture store, sold a five hundred dollar stereo set on installment contract to defendant Williams, knowing that defendant supported herself and seven children on a two hundred eighteen dollar monthly welfare payment. At the time defendant bought the set, she owed plaintiff one hundred sixty four dollars on thirteen prior purchases. The form contract provided that plaintiff would retain title to all items purchased until the purchaser had paid all amounts due in full, and that the debt on each item was secured by the right to repossess all items purchased. When defendant defaulted shortly …
Contracts—Property—Evidence—Oral Contracts To Devise, Anon
Contracts—Property—Evidence—Oral Contracts To Devise, Anon
Washington Law Review
Nearly twenty years after it was announced, the Washington court has amplified an announced intention to enforce stringent technical rules in its consideration of oral contracts to devise. In an action for specific performance of his deceased employer's alleged oral contract to devise realty, plaintiff presented an uncontroverted line of evidence dating from 1937. At that time plaintiff was a friend and neighbor of decedent and her husband, and was employed as a logger at a wage of $5.60 per day. Shortly after the husband's death, plaintiff left his logging job and commenced operation of decedent's farm for $1.50 per …
Contracts—Promissory Estoppel—Forbearance, Kenneth O. Jarvi
Contracts—Promissory Estoppel—Forbearance, Kenneth O. Jarvi
Washington Law Review
The Washington court in Weitman v. Grange Ins. Ass'n., enforced a gratuitious promise by a promisor-insurer that it would notify the promisee-insured of any lapse or termination in his insurance coverage.
Contracts—Earnest-Money Payments—Vendee's Recovery Denied Where Agreement Fails To Comply With Statute Of Frauds, Stanley H. Barer
Contracts—Earnest-Money Payments—Vendee's Recovery Denied Where Agreement Fails To Comply With Statute Of Frauds, Stanley H. Barer
Washington Law Review
In Schweiter v. Halsey, the Washington Supreme Court held that if a vendor of real property has not repudiated, but is ready, willing and able to perform, the vendee cannot recover payments made upon the purchase price although the earnest-money agreement does not satisfy the Statute of Frauds.
Infants' Contracts And Their Enforcement, R. Ted Bottiger
Infants' Contracts And Their Enforcement, R. Ted Bottiger
Washington Law Review
The growing number of minors having sizable funds of their own to spend, either because of greater earning capacity or larger allowances, combined with concurrent growth in competition for such business, has posed with increasing frequency problems in the area of infant's contracts, rights and liabilities. Before an adult contracts with a minor, he should consider the minor's limited capacity and the availability of the infancy defense in suits to enforce such contracts. The defense of infancy is, however, subject to common law and statutory limitations which may preserve the adult's contract or property rights. The adult, upon realization that …
Contracts, Robert Baronsky
Contracts, Robert Baronsky
Washington Law Review
Covers cases on consideration—promise to perfom duty and on restraint of trade in the form of a condition.
Restitution In Washington Contracts, Donald P. Lehne
Restitution In Washington Contracts, Donald P. Lehne
Washington Law Review
The scope of this Comment will be limited to discussion of restitution as an alternative remedy for a breach of contract by the defendant, and as a sole remedy for a plaintiff unable to enforce a contract by reason of his own breach, his non-performance of a condition, or the Statute of Frauds. Restitution as a remedy where no agreement has been entered into, or where an agreement is void or voidable, will not be treated, although some fraud and misrepresentation cases are cited for principles which are equally germane to the restitution discussion.
Contracts In Washington, 1937-1957: Part Iii, Warren L. Shattuck
Contracts In Washington, 1937-1957: Part Iii, Warren L. Shattuck
Washington Law Review
Continues with conditions; and breach of promise as an excuse for failure to perform a return promise.
Contracts In Washington, 1937-1957: Part Ii, Warren L. Shattuck
Contracts In Washington, 1937-1957: Part Ii, Warren L. Shattuck
Washington Law Review
Continues with assignment of rights and delegation of duties or conditions.
Contracts, David C. Cummins, Morton G. Herman, Gene G. Olson
Contracts, David C. Cummins, Morton G. Herman, Gene G. Olson
Washington Law Review
Covers cases on options to purchase realty—manner of acceptance (Cummins), on the implied warranty of fitness as applied to building contracts—builder's liability for defects (Herman), and on subrogation—public construction contract—right of surety to unpaid funds upon contractor's default—effect of non-assignment and withholding provisions (Olson).
Contracts In Washington, 1937-1957 (Part I), Warren L. Shattuck
Contracts In Washington, 1937-1957 (Part I), Warren L. Shattuck
Washington Law Review
Reliable information about trends, developments, and possible abberations in an area as extensive as contracts is difficult to achieve by reading advance sheets as they appear. The preparation of this article has been in part motivated by a desire to acquire such information, related to the Washington decisions of the twenty years just past. Another motivation has been reluctance to let die of inattention a project initiated in 1935 with the publication of the Washington Annotations to the Restatement of the Law of Contracts. Such annotations make the Restatement more useful, and provide ready access to the Washington cases for …
Contracts, Allan D. Loucks
Contracts, Allan D. Loucks
Washington Law Review
Covers cases on insurance contracts—breach by anticipatory repudiation and on third-party beneficiary contracts.