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Articles 1 - 4 of 4
Full-Text Articles in Law
Alternative Parties And The Common Law Hangover, Dale E. Bennett
Alternative Parties And The Common Law Hangover, Dale E. Bennett
Michigan Law Review
Professor Edson R. Sunderland stated in 1920 that a glaring failure chargeable to the legal profession in America was "its ignorance and indifference to improvements in procedural practice developed in other jurisdictions," pointing out that while discoveries by foreign scholars in the field of medicine were eagerly accepted, similar innovations in the field of law were uniformly ignored regardless of merit. Such apathy is largely attributable to the legislatures, but the courts cannot be given an entirely clean bill of health, for attempted procedural reforms have often been nullified, in whole or in part, by technical construction and an attempted …
Contracts - Champerty
Michigan Law Review
Plaintiff leased her lands to defendant under a void oil and gas lease. One Johnston induced plaintiff to enter into a contract with him whereby Johnston agreed to pay the costs of a bill to cancel the lease in return for a new lease to himself should the bill be successful. Accordingly, this suit was brought to cancel the lease. The court, agreeing that the existing lease was void, nevertheless dismissed the bill on the ground that the contract between Johnston and plaintiff was void as against public policy, and that plaintiff had no standing in equity. Of the eight …
Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes
Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes
Michigan Law Review
All civilized States, in the interest of an efficient administration of justice, have felt compelled to fix time limits beyond which access to their courts would be denied to aggrieved parties. Interest reipublicae ut sit finis litium. This was true even of Roman law in which actions were normally perpetual. Since the limitations enacted by various legislatures differ widely, and since debts are transitory, permitting suit wherever the creditor can find the debtor (at least in countries where the Common Law prevails), it is of the first practical importance that definite rules of Conflict of Laws be evolved to …
Effect Of A Restriction On Assignment In A Contract, Grover C. Grismore
Effect Of A Restriction On Assignment In A Contract, Grover C. Grismore
Michigan Law Review
The early common law took a strictly logical view in regard to the assignability of contract rights and duties. Since a contract is essentially a personal relationship voluntarily entered into by the parties to it, it follows as a logical deduction that one of the parties should not be allowed to destroy that relationship by introducing a third person into it in his place without the consent of the other party. This was the view of the early common law. However, in the course of time, as we know, the commercial spirit gradually made inroads into this doctrine until we …