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Articles 61 - 77 of 77
Full-Text Articles in Law
"Working To The Contract" In Virginia: Legal Consequences Of Teachers Attempts To Limit Their Contractual Duties, Rebecca D. Bray
"Working To The Contract" In Virginia: Legal Consequences Of Teachers Attempts To Limit Their Contractual Duties, Rebecca D. Bray
University of Richmond Law Review
In 1980, there were 233,000 local government employees in Virginia. Of this number, 60,588 were public school teachers employed by local school boards for the 1980-81 school year. Characterized as both professionals and public employees, public school teachers not only "teach the children" but perform many other duties crucial to the efficient operation of the schools. These additional responsibilities are generally assigned by the teacher's immediate supervisor, usually the school principal, under authority granted by the local school board. Like other state and local government employees in Virginia, teachers have no power to collectively negotiate their contracutal duties' which they …
Legal Malpractice In Virginia: Tort Or Contract?, R. Paul Childress Jr.
Legal Malpractice In Virginia: Tort Or Contract?, R. Paul Childress Jr.
University of Richmond Law Review
A client who attempts to recover from an attorney does so because the client feels that the attorney has acted negligently. The concepts of standard of care, negligence, and damages are usually associated with actions in tort. However, while an examination of applicable Virginia law reveals that concepts usually associated with tort apply to legal malpractice, the presence of elements of negligence does not always equal tort.
The Due-On-Sale Clause: A Marriage Gone Sour - A Checklist For The Practitioner, W. Wade Berryhill
The Due-On-Sale Clause: A Marriage Gone Sour - A Checklist For The Practitioner, W. Wade Berryhill
Law Faculty Publications
The purpose of this article is to identify and examine the influencing considerations and the attachment of significance given to them by the courts in the "due-on" cases. After a discussion of recent litigation addressing the enforceability of the "due-on" clauses in Virginia, a summarizing checklist will follow detailing the factors which must be considered by the practitioner preparing to draft or litigate the clause.
Employee Covenants Not To Compete: Where Does Virginia Stand?, Ann R. Bergan, Kenneth E. Chadwick, Hugh T. Harrison Ii, Barrett E. Pope
Employee Covenants Not To Compete: Where Does Virginia Stand?, Ann R. Bergan, Kenneth E. Chadwick, Hugh T. Harrison Ii, Barrett E. Pope
University of Richmond Law Review
Courts for some time now have been forced to deal with the validity of covenants not to compete as contained in employment contracts. Considered to be a restraint against trade, these covenants under common law were viewed with disfavor, if not hostility, both nationally and in the Commonwealth of Virginia, as being contrary to the American ideals of individual freedom, competition, and the free flow of commerce. As such they were seldom upheld. It was only after the courts recognized that employers had legitimate concerns and interests worthy of protections that reasonable covenants not to compete began to be enforced …
Design-Build Contracts In Virginia, Kevin B. Lynch
Design-Build Contracts In Virginia, Kevin B. Lynch
University of Richmond Law Review
Construction law is a varied and intricate outgrowth of the innumer- able complex relationships inherent in any building project. The role of the architect, once the master builder, has undergone and continues to undergo a redefinition. Due to recent changes in the construction industry, especially the development of construction management and design-build concepts, the regulatory framework within which the building project operates is, in many states, in need of reform. The purpose of this comment will be to examine the impact of the development of design- build concepts on the traditional model of owner, architect, and contractor relationships and to …
The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby
The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby
University of Richmond Law Review
The 1979 Virginia General Assembly turned the last shovel of earth onto the grave of the common law "release rule"' by adopting the covenant not to sue as a viable settlement device in joint tortfeasor actions. By this statutory adoption, Virginia became the last state to recognize, either by statute or judicial mandate, that a properly drawn covenant not to sue can act to release one or more tortfeasors without automatically releasing all those tortfeasors liable for the same injury or wrongful death. Judicial interpretations of the covenant not to sue, particularly those of California, Michigan and North Carolina, will …
A Contractual Analysis Of The Military Enlistment, Neil J. Dilloff
A Contractual Analysis Of The Military Enlistment, Neil J. Dilloff
University of Richmond Law Review
Since July 1, 1973, this nation has had what is termed an "all-volunteer military." As a result, the primary means available for an individual to enter military service has become the enlistment contract. This article will explore whether or not this type of agreement is, in fact, a contract. We shall analyze what documents or acts are necessary to comprise this agreement between a volunteer and the United States; whether a military enlistment agreement satisfies the traditional contractual elements, such as mutual assent, consideration, and capacity to contract; what is the effect of conditions stated in the contract; and, finally, …
Survey Of The Virginia Law Of Landlord And Tenant, J. Rodney Johnson
Survey Of The Virginia Law Of Landlord And Tenant, J. Rodney Johnson
University of Richmond Law Review
No aspect of the law of real property affects more people as pervasively as the law of landlord and tenant. A recent study undertaken by the Virginia Housing Study Commission showed that almost fifty percent of the Commonwealth's population are tenants.
A Synopsis Of The Major Revisions To Article 9 Of The Uniform Commercial Code Adopted By Virginia, John W. Edmonds Iii
A Synopsis Of The Major Revisions To Article 9 Of The Uniform Commercial Code Adopted By Virginia, John W. Edmonds Iii
University of Richmond Law Review
When the Uniform Commercial Code became effective in Mississippi and South Carolina on January 1, 1968, it reached its goal of near uniform enactment. Maintaining this achievement of uniform adoption, however, has proven to be most difficult with regard to the Code's treatment of "secured transactions" in Article 9. In 1966, the Permanent Editorial Board 2 noted that there had been 337 non-uniform, non-official amendments to Article 9 of the Code. Accordingly, the Board established a Review Committee to restudy Article 9 in depth and report its findings. The study culminated in the Final Report of the Permanent Editorial Board …
Government Contracts For Subsurface Excavation: Misrepresentation And Change Of Conditions
Government Contracts For Subsurface Excavation: Misrepresentation And Change Of Conditions
University of Richmond Law Review
Throughout the current century, federal, state and local governments have engaged the services of private construction companies in an increasing number of governmental construction projects. Many of these projects, such as the construction of roads, tunnels, dams, bridges, and buildings, require, at least to some degree, subsurface excavation. This comment deals with some of the legal problems facing contractors and governmental agencies in such excavation, and suggests possible solutions to these problems.
Uniform Commercial Code- Breach Of Warranty- Applicable Statute Of Limitations For Personal Injury
Uniform Commercial Code- Breach Of Warranty- Applicable Statute Of Limitations For Personal Injury
University of Richmond Law Review
Statutes of limitation are statutes of repose, the object of which is to compel the exercise of a right of action within a reasonable time. They are designed to suppress fraudulent and stale claims from being asserted after a great lapse of time, to the surprise of the parties, when the evidence may have been lost, the facts may have become obscure because of defective memory, or the witnesses have died or dis- appeared.
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1967.
Perpetuities, Privity And Professional Liability, D. Orville Lahy
Perpetuities, Privity And Professional Liability, D. Orville Lahy
University of Richmond Law Review
As the number of malpractice cases against members of all professions continues to increase, it seems appropriate to review several new developments which may be of considerable importance to the practicing lawyer with respect to his professional liability. The time has come to approach this delicate subject with some plain language about property law and the portentous responsibility of the legal profession in the context of the rule against perpetuities.
A Child's First Book Of Sellers' And Buyers' Remedies- Then And Now, Harry L. Snead Jr.
A Child's First Book Of Sellers' And Buyers' Remedies- Then And Now, Harry L. Snead Jr.
University of Richmond Law Review
If you are one of those uncomfortable lawyers who as yet has not made his first penetration into Article 2 of the Uniform Commercial Code perhaps this brief comparative note can start you on the road to learning the sellers' and buyers' remedies under the Code. The emphasis will be on fundamental differences in approach between the Code and prior law; detailed treatment may be found in texts, treatises, and numerous law review articles.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1966.
Notable Legislation Of 1962, Harry L. Snead Jr.
Notable Legislation Of 1962, Harry L. Snead Jr.
University of Richmond Law Review
Unless otherwise indicated, the statutes and amendments noted below will be effective on June 29, 1962. All code refer- ences are to the 1950 Code of Virginia.