Law Commons^™

Discharge In The "Law" Of Arbitration, Roland P. Wilder Jr.

Vanderbilt Law Review

The vast majority of arbitrators will refuse to find just cause unless the discharge penalty bears some reasonable relation to the seriousness of the grievant's offense. They believe it to be their responsibility to determine whether the "punishment fits the crime" by realistically appraising the wrongful act's deleterious effects on the industrial community. If the grievant's proven offense appears to merit discipline short of discharge, the arbitrator usually will feel compelled to modify the discharge penalty in favor of some lesser degree of discipline. Since this amounts to a review of the penalty imposed by management, there is a substantial …

The Effect Of Misunderstanding On Contract Formation And Reformation Under The Restatement Of Contracts Second, George E. Palmer

Michigan Law Review

The presence of misunderstanding at the time of an apparent agreement creates difficult problems in the law of contract formation and equally difficult problems when the apparent agreement is in ·writing and reformation is sought. The rules formulated in the original Restatement of Contracts are unsatisfactory in both areas. The preparation of the Restatement Second, which is now under way for contracts, includes changes in the rules of contract formation but the changes emerging are no more satisfactory than the original rules. The current version of the Restatement Second, contained in Tentative Draft No. 1, accepts the …

Foster Parents Versus Agencies: A Case Study In The Judicial Application Of 'The Best Interests Of The Child' Doctrine, Sanford N. Katz

Sanford N. Katz

No abstract provided.

The Plaintiff In Default, Richard H. Lee

Vanderbilt Law Review

This article is concerned with one basic fact pattern. A party to a contract has commenced performance but has stopped short of completion. His failure to perform further is legally inexcusable. The other party has not performed, but is not in default. Can the one in default salvage anything from the wreckage of the contract when he himself "cast it on the rocks"? Can he recover the value of his part performance despite the fact that he refused to abide by his contract? The answer most commonly given by the courts is a righteous no.' But there are many factors …

Private Legislation And The Duty To Read--Business Run By Ibm Machine, The Law Of Contracts And Credit Cards, Stewart Macaulay

Vanderbilt Law Review

"It will not do for a man to enter into a contract, and, when called upon to abide by its conditions, say that he did not read it when he signed it, or did not know what it contained."' This rallying cry often is sounded in contracts and restitution opinions. Sometimes it makes such good sense that it is axiomatic. Yet in common with all grand slogans, there are situations where it just doesn't fit...

More difficult are the cases where the words are there in a form more easily read and understood but where the probabilities are very great …

Uncertainty Of Duration: The Continuing Performance Contract

Washington and Lee Law Review

No abstract provided.

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

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

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 …

The Contractual Aspect Of Consumer Protection: Recent Developments In The Law Of Sales Warranties, William C. Pelster

Michigan Law Review

As might have been expected, the courts have not confined their efforts in updating the law of products liability to fostering innovations in that segment dealing with warranties. The struggle to impose strict tort liability upon a manufacturer for harm caused by his defective products has made significant advances and is continuing: However, the citadel has yet to be taken. Indeed, even the California Supreme Court, which may be considered the leading proponent of this strict tort theory, has limited its availability so that only those seeking redress for harm to person or property may invoke the doctrine; thus, a …

Review Of Children For Adoption, By Pearl Buck, Sanford N. Katz

Sanford N. Katz

No abstract provided.

Contracts - Infant Bound As Third Party Beneficiary, Doyle V. Giuliucci, 43 Cal Rptr., 297 (1965), O. F. Morgan Jr.

William & Mary Law Review

No abstract provided.

Contracts - The Parol Evidence Rule - Exceptions; The Partial Integration And Collateral Contracts Doctrines Durham V. National Pool Equipment Co. Of Va., 205 Va. 441 (1964), Jerry Franklin

William & Mary Law Review

No abstract provided.

Contracts - Damages - Contractor Able To Recover Value Of Work Done Despite Wilful Departure. Kirk Reid Co. V. Fine, 205 Va 778 (1965), William C. Cowardin Jr.

William & Mary Law Review

No abstract provided.

Contracts - Agency - Right To Commission Hummer V. Engeman, 206 Va 102 (1965), Robert P. Wolf

William & Mary Law Review

No abstract provided.

Unilateral Contracts: An Examination Of Traditional Concepts And The Proposed Solution Of The Ali Restatement Of Contracts, Second (Tentative Draft No. 1), John Yetter

Duquesne Law Review

A basic function of any legal system is to provide a set of rules to govern the consequences of conduct in society. Some degree of inflexibility must necessarily attach to the application of those rules, not only to assure equal justice, but also to explicitly define what conduct is legally permissible. Although it is desirable that the legal consequences of conduct be reasonably certain, a rigid application of rules occasionally leads to clear injustice. To avoid these hardships, courts have resorted to certain fictionalizations in order to circumvent undesirable consequences. An alternative approach is to build an element of equitable …

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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.

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.

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

Cigarette Manufacturers' Warranty: Application Of Old Law Or New, John A. Luchsinger, Joseph A. Tate

Villanova Law Review

No abstract provided.

Objective: Tax Avoidance, Clay Brown And The Three-Party Sale And Leaseback, Louis F. Nicharot

Villanova Law Review

No abstract provided.

The Law Applicable To International Letters Of Credit, Roger J. Gewolb

Villanova Law Review

No abstract provided.

Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly

Villanova Law Review

No abstract provided.

Contracts, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Developments In Contract Liability Of Trusts And Trustees, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney

Villanova Law Review

No abstract provided.

The Uniform Commercial Code's Statute Of Frauds For Sales Of Goods, Joseph A. Tate

Villanova Law Review

No abstract provided.

The Friendly Versus Hostile Fire Dichotomy, Robert I. Reis

Villanova Law Review

No abstract provided.