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Articles 1 - 23 of 23
Full-Text Articles in Law
Contracts--Lmpracticability Of Performance As An Excuse For Breach Of Contract, Ira M. Price, Ii S.Ed.
Contracts--Lmpracticability Of Performance As An Excuse For Breach Of Contract, Ira M. Price, Ii S.Ed.
Michigan Law Review
ln a recent federal case, plaintiff construction company contracted to enlarge a dam for defendants, which would involve, according to the original estimates, the excavation of 30,000 cubic yards of earth. During the performance of the contract, defendants ordered further excavation in order to reach a firm foundation so that ultimately a total of 84,000 cubic yards were removed. It was defendant's claim that the plaintiff was obliged to perform this additional work to fulfill its contract. Plaintiff sued in quantum meruit for the value of labor and materials for the entire project; defendants stood upon the contract, contending that …
Contracts-Bills And Notes-Precedent Debt As Consideration In The Law Of Contracts And Negotiable Instruments, Shubrick T. Kothe S.Ed.
Contracts-Bills And Notes-Precedent Debt As Consideration In The Law Of Contracts And Negotiable Instruments, Shubrick T. Kothe S.Ed.
Michigan Law Review
Today, there is little left of the sixteenth century rule that a precedent debt is consideration sufficient to ground an action of assumpsit. Modern cases, such as those where a debt is barred by the Statute of Limitations or discharged in bankruptcy, where it is historically applicable, generally do not rest upon that theory. As a practical matter, it makes little difference. These cases achieve a just result, and have been confined to standard fact situations. The doctrine seems clearly at variance with the rule that consideration cannot be past, and serves no useful purpose today. Cases where this problem …
Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.
Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.
Michigan Law Review
In an action against an Ohio fraternal benefit society to recover insurance benefits resulting from the death of an insured member, the defense was that the constitution of the society prohibited the bringing of an action on such a claim more than six months after disallowance of the claim. This provision was valid under the statutes and court decisions of Ohio. The statute of limitations of the state of the forum, South Dakota, was six years on contract actions. Another statute of South Dakota declared void every stipulation in a contract limiting the time within which a party may enforce …
Bills And Notes-Reacquisition And Reissue By A Prior Party-Liability Of Intermediate Indorser To Subsequent Holder In Due Course, James R. Bliss S.Ed.
Bills And Notes-Reacquisition And Reissue By A Prior Party-Liability Of Intermediate Indorser To Subsequent Holder In Due Course, James R. Bliss S.Ed.
Michigan Law Review
The payee of a negotiable note indorsed to X, who later indorsed back to the payee, who before maturity indorsed to a holder in due course. All indorsements were special. On default, the holder brought suit to enforce the secondary liability of the payee and X, the intermediate indorser. Both defendants appealed from a judgment for the holder. Held, reversed as to X. The reacquisition of a note by a payee terminates the contractual liability of an intermediate indorser as to a holder subsequent to the payee. Denniston's Admr. v. Jackson, 304 Ky. 261, 200 …
Contracts-Proposals For Legislation Abrogating The Requirement Of Consideration In Whole Or In Part, Charles B. Blackmar S.Ed.
Contracts-Proposals For Legislation Abrogating The Requirement Of Consideration In Whole Or In Part, Charles B. Blackmar S.Ed.
Michigan Law Review
Consideration is the test evolved by our law for separating enforceable informal promises from those that are unenforceable. The doctrine of consideration has frequently been criticized, but it is so firmly established that most of the recent proposals for change have been addressed to the legislatures. The purpose of this discussion is to consider proposed legislation both as to its possible operation and as to the future effect of the proposals on the basic doctrine of consideration.
Quasi Contracts-Recovery Of Value Of Support And Care Rendered To Parent, Frank H. Roberts S.Ed.
Quasi Contracts-Recovery Of Value Of Support And Care Rendered To Parent, Frank H. Roberts S.Ed.
Michigan Law Review
In 1901, pursuant to an agreement for care and support, A conveyed land to his wife. After his wife's death in 1924, A supported himself for twelve years until he suffered a paralytic stroke, after which his son Adolph supported him and furnished constant care. The other children, including Charles, refused to aid Adolph financially or otherwise. After A's death, Charles petitioned in equity for a decree declaring the lien of his father on the land terminated by death. Adolph opposed, claiming a lien on the land for the value of support and care rendered to A. The …
Contracts, Sales And Assignments
Constructive Trusts--Duty Of Agent To Reconvey Land Purchased For Principal--Statute Of Frauds, M. S. K.
Constructive Trusts--Duty Of Agent To Reconvey Land Purchased For Principal--Statute Of Frauds, M. S. K.
West Virginia Law Review
No abstract provided.
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed.
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed.
Michigan Law Review
Previous to the enactment of the Fair Labor Standards Act, respondent had paid its employees monthly salaries for work schedules which fluctuated from week to week according to the demands of business. After the effective date of the act, respondent sought to comply with section 7 (a), requiring the payment of one. and one half times the "regular rate" of compensation for hours worked above the statutory maximum, by adopting new employment contracts which guaranteed weekly salaries equivalent to the former compensation and fixed an hourly rate which, multiplied by the maximum hours permitted by the act and by one …
Equity--Removal Of Cloud On Title--Right To Bring Suit When Defendant Has Possession, K. K. H.
Equity--Removal Of Cloud On Title--Right To Bring Suit When Defendant Has Possession, K. K. H.
West Virginia Law Review
No abstract provided.
Recent Developments In Restitution: 1940-1947, Edward S. Thurston
Recent Developments In Restitution: 1940-1947, Edward S. Thurston
Michigan Law Review
For some lawyers, perhaps, the term "Restitution," as a title in the classification of our law, sprang Athena-like from the head of the American Law Institute, when, in 1937, it published The Restatement of the Law of Restitution. Yet the subject matter included under this title is far from new; it is simply a grouping together of the common law Quasi Contract--the "contract implied in law" of an earlier day--and the corresponding right to equitable relief to prevent an unjust enrichment. Although the name may be unfamiliar its importance is indicated by the following statement by Lord Wright.
The Vendor-Purchaser Relationship In Washington, Stuart G. Oles
The Vendor-Purchaser Relationship In Washington, Stuart G. Oles
Washington Law Review
The persistence with which our court clings to the unfortunate language of the leading case of Ashford v. Reese has given rise to considerable confusion in the local practice. This comment is written with the hope that it may aid in dispelling that confusion. The overwhelming weight of authority in this country has been to the effect that the vendee under an executory contract to purchase land is the equitable owner. The early cases in this jurisdiction adhered closely to the prevailing view, which in essence simply states the eminently practical attitude that such a vendee has certain equities in …
Contracts-Tender-Check As Tender, George A. Rinker
Contracts-Tender-Check As Tender, George A. Rinker
Michigan Law Review
Plaintiff had paid $300 as down payment on a restaurant under contract of purchase from defendant. On the day specified in the contract for payment of the balance, plaintiff tendered to defendant a check drawn on the local bank and bearing the notation "OK G. R. P ." Defendant refused the check, saying he did not have to accept a check in payment, and that he did not know what the notation meant, even though plaintiff had told him it was placed there by the president of the local: bank, and meant that the check was good. Plaintiff recovered damages …
Suretyship-Consideration To Support A Gratuitous Guaranty Promise Made Subsequent To The Execution Of The Principal Contract. [Washington]
Washington and Lee Law Review
No abstract provided.
Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed.
Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed.
Michigan Law Review
The concept of the Sabbath, the setting apart of one day in seven as a day of rest, was derived from the Mosaic code, the Fourth Commandment directs abstention from labor on the seventh day of the week, and although there is nothing in the New Testament relating to Sunday, the Christian world adopted the first day of the week as a day of rest. Constantine, by an edict in 321 A.D., ordered the suspension on Sunday of all business in the courts of law, except the manumission of slaves, and all other- business except agricultural labor.
De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon
De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon
Michigan Law Review
An age-old maxim often applied but infrequently rationalized is that of de minimus non curat lex. In the recent case of Steve Anderson v. Mt. Clemens Pottery Company, the United States Supreme Court focused attention upon the doctrine by ruling that it should be applied in determining whether "walking time" and other "preliminary activities" constitute "work" for which employees are entitled to compensation under the Fair Labor Standards Act of 1938. The so-called "portal-to-portal" problems which have arisen as a result of the last mentioned ruling make timely a discussion of the origin, meaning, function and application of …
Bailment-Unknown Chattels Contained In Object Bailed, B. E. Heath
Bailment-Unknown Chattels Contained In Object Bailed, B. E. Heath
Michigan Law Review
Plaintiff's automobile was stolen from defendant's parking lot. Plaintiff had previously disclosed to defendant's agent that certain things were in the car, but had failed to mention other items also present. In an action to recover the value of all the items, held, recovery allowed only for those things that defendant knew were in the automobile, he being a bailee of those things only. Palotto v. Hanna Parking Garage Co., (Ohio 1946) 68 N.E. (2d) 170.
Necessity Of Notice To A Guarantor Of Acceptance Of His Offer In Kentucky, William O. Gilbreath
Necessity Of Notice To A Guarantor Of Acceptance Of His Offer In Kentucky, William O. Gilbreath
Kentucky Law Journal
No abstract provided.
Contracts--The Liability Of A Building Contractor For Defects In Plans And Specifications Furnished By The Owner, James C. Brock
Contracts--The Liability Of A Building Contractor For Defects In Plans And Specifications Furnished By The Owner, James C. Brock
Kentucky Law Journal
No abstract provided.
Contracts--The Anticipatory Breach Doctrine In Kentucky, Arnett Mann
Contracts--The Anticipatory Breach Doctrine In Kentucky, Arnett Mann
Kentucky Law Journal
No abstract provided.
Torts--Negligent Interference With Contractual Relations, E. Durward Weldon
Torts--Negligent Interference With Contractual Relations, E. Durward Weldon
Kentucky Law Journal
No abstract provided.
Economic Duress -- An Essay In Perspective, John P. Dawson
Economic Duress -- An Essay In Perspective, John P. Dawson
Michigan Law Review
The boundaries of common law duress have been gradually expanding for more than a century. The processes of expansion are themselves of interest, as illustrating methods of growth in a system of case law. More important is the goal toward which this movement aims. For it is through duress and related ideas that private law has dealt most directly with problems raised by inequality in bargaining power. Particularly in the field now known as economic duress, courts have been compelled to take a stand on that central issue of modern politics, the control of economic power. Both the growth in …
Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.
Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.
Michigan Law Review
Defendant had a right of way over plaintiff's land limited to the transportation of coal mined on that land. Plaintiff seeks to recover for use and occupation of his land by defendant when he exceeded his right by transporting coal mined on adjacent property. Held, the plaintiff is entitled to quasi-contractual recovery of the value of the benefit to defendant based on the prevailing rate of purchase of right of way for transportation of coal over another's land. Raven Red Ash Coal Co., Inc. v. Ball, (Va. 1946) 39 S.E. (2d) 231.