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Full-Text Articles in Law

Contracts, Mitchel P. House Jr. Dec 1976

Contracts, Mitchel P. House Jr.

Mercer Law Review

During the survey period, the appellate courts of Georgia reviewed approximately 80 cases involving problems of contract law. As is usually the case, the great majority of the cases merely applied well-settled principles. Many turned on procedural points. While none have truly landmark significance, a few are worthy of discussion in that they present interesting problems in the application of established principles to new situations.


The Uniform Commercial Code And The Deceptive Trade Practices Act., Eugene M. Anderson Jr. Dec 1976

The Uniform Commercial Code And The Deceptive Trade Practices Act., Eugene M. Anderson Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Imposition Of Penalty Must Be Caused By Prepayment., George H. Spencer Jr. Dec 1976

Imposition Of Penalty Must Be Caused By Prepayment., George H. Spencer Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett Oct 1976

Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett

Dalhousie Law Journal

Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville …


Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett Oct 1976

Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett

Dalhousie Law Journal

Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville …


Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett Oct 1976

Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett

Dalhousie Law Journal

Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville …


Joseph Smith And Legal Process: In The Wake Of The Steamboat Nauvoo, Dallin H. Oaks, Joseph I. Bentley Sep 1976

Joseph Smith And Legal Process: In The Wake Of The Steamboat Nauvoo, Dallin H. Oaks, Joseph I. Bentley

BYU Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach Jun 1976

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.


The Reclaiming Seller Under Ucc Section 2-702 Vs. His Four Horsemen Of The Apocalypse., Eugene M. Anderson Jr. Jun 1976

The Reclaiming Seller Under Ucc Section 2-702 Vs. His Four Horsemen Of The Apocalypse., Eugene M. Anderson Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Justiciability In Texas: A Study In The Law Of Public Contracts., Kenneth L. Malone Jun 1976

Justiciability In Texas: A Study In The Law Of Public Contracts., Kenneth L. Malone

St. Mary's Law Journal

Abstract Forthcoming.


Contracts - Adoption-A Flexible Standard For Determining When A Contract To Make A Will, Incidental To An Adoption Agreement, Is Void As Against Public Policy - Reimche V. First National Bank May 1976

Contracts - Adoption-A Flexible Standard For Determining When A Contract To Make A Will, Incidental To An Adoption Agreement, Is Void As Against Public Policy - Reimche V. First National Bank

BYU Law Review

No abstract provided.


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …


Constitutional Law - Impairment Of Contracts - Pyramid Sales Schemes - Remaining Limitations, If Any, On The Police Power Under The Contract Clause - Koscot Interplanetary, Inc. V. Draney Mar 1976

Constitutional Law - Impairment Of Contracts - Pyramid Sales Schemes - Remaining Limitations, If Any, On The Police Power Under The Contract Clause - Koscot Interplanetary, Inc. V. Draney

BYU Law Review

No abstract provided.


Contractual Arbitration - Associated General Contractors V. Savin Brothers, Inc. - Judicial Review Of An Arbitrator's Punitive Award, David M. Heller Jan 1976

Contractual Arbitration - Associated General Contractors V. Savin Brothers, Inc. - Judicial Review Of An Arbitrator's Punitive Award, David M. Heller

Loyola University Chicago Law Journal

No abstract provided.


Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo Jan 1976

Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo

Buffalo Law Review

No abstract provided.


Choice Of Forum Clauses In International And Interstate Contracts, James T. Gilbert Jan 1976

Choice Of Forum Clauses In International And Interstate Contracts, James T. Gilbert

Kentucky Law Journal

No abstract provided.