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Articles 421 - 450 of 453
Full-Text Articles in Law
Contracts And Sales, Joseph Curtis
Contracts And Sales, Douglass Boshkoff
Contracts And Sales, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Contracts And Sales, Joseph Curtis
Contracts And Sales, Joseph Curtis
Foreword: Damages In Contract, William Burnett Harvey
Foreword: Damages In Contract, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Guerrieri V. Severini, Jesse W. Carter
Guerrieri V. Severini, Jesse W. Carter
Jesse Carter Opinions
Where seller repudiated a contract for goods, buyer had the right to treat the declaration as a wrongful renunciation of the contract and obtain similar goods to fulfill the obligation, then seek damages from the seller for the increased cost.
Fox V. Aced [Dissent], Jesse W. Carter
Fox V. Aced [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although there had been a breach of a real property exchange agreement because of the failure of one party to deliver property to the other, the damages award was improper because the award was based in part on bad faith that was not shown.
Washington Timber Deeds And Contracts, Ralph W. Johnson
Washington Timber Deeds And Contracts, Ralph W. Johnson
Articles
The law of Washington concerning the interests conveyed by timber deeds and contracts is foggy. Many vital questions are still totally unanswered, or have been left in confusion, by the cases in point. The principal area of doubt revolves around the question of whether standing timber, which has been sold separately from the land on which it stands, is realty or personalty. The answer is vital for many reasons. It determines whether a husband has power as manager of the community to convey community-owned timber without his wife's signature, which statute of frauds applies to a timber transaction, which recording …
Co-Operative Marketing--Statutes Providing Penalty Against Third Persons Who Induce Breach Of Marketing Contracts, Thomas F. Broden
Co-Operative Marketing--Statutes Providing Penalty Against Third Persons Who Induce Breach Of Marketing Contracts, Thomas F. Broden
Journal Articles
Capitalism is most prudent in accepting into its legal system measures of governmental regulation which apply to economic relations generally and contract relations particularly. Efforts of the executive, legislative or judicial branches of either British or American governments to directly control phases of contractual relationships have generally met staunch and rigid opposition. The spirit of the sacredness and inviolability of the contract relation was a logical outgrowth of the capitalistic system in its inception. At that time freedom was a passion, self-sufficiency a goal. From an era thus shrouded and bedecked with individualism, it is little wonder that measures affecting, …
Key To Understanding The Law Of Contracts (A Modern Rationale Of The Law Of Contracts), Hugh Evander Willis
Key To Understanding The Law Of Contracts (A Modern Rationale Of The Law Of Contracts), Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
California Conflict Of Laws In Regard To Contracts, Joseph M. Cormack
California Conflict Of Laws In Regard To Contracts, Joseph M. Cormack
Faculty Publications
No abstract provided.
Rationale Of Bargain Consideration, Hugh Evander Willis
Rationale Of Bargain Consideration, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Rationale Of Agreement, Hugh Evander Willis
Rationale Of Agreement, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Conflict Of Laws In Regard To Contracts In Field Code States Other Than California, Joseph M. Cormack
Conflict Of Laws In Regard To Contracts In Field Code States Other Than California, Joseph M. Cormack
Faculty Publications
No abstract provided.
Book Review Of Cases And Materials On Contracts, Dudley Warner Woodbridge
Book Review Of Cases And Materials On Contracts, Dudley Warner Woodbridge
Faculty Publications
No abstract provided.
Book Review. Cases On Quasi-Contracts 3rd Ed. By Edwin H. Woodruff, Frank Edward Horack Jr.
Book Review. Cases On Quasi-Contracts 3rd Ed. By Edwin H. Woodruff, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Rationale Of Past Consideration And Moral Consideration, Hugh Evander Willis
Rationale Of Past Consideration And Moral Consideration, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Book Review. Cases On Suretyship By Stephen I. Langmaid, William E. Treanor
Book Review. Cases On Suretyship By Stephen I. Langmaid, William E. Treanor
Articles by Maurer Faculty
No abstract provided.
Conflict Of Laws--Law Governing The Performance Of A Contract--Validity Of Power Of Attorney To Confess Judgment (Comment On Recent Cases), Bernard C. Gavit
Conflict Of Laws--Law Governing The Performance Of A Contract--Validity Of Power Of Attorney To Confess Judgment (Comment On Recent Cases), Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
What Is Consideration In The Anglo-American Law Of Contracts, Part Ii, Hugh Evander Willis
What Is Consideration In The Anglo-American Law Of Contracts, Part Ii, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
What Is Consideration In The Anglo-American Law Of Contracts?, Hugh Evander Willis
What Is Consideration In The Anglo-American Law Of Contracts?, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Conflict Of Laws--The Law Controlling The Validity Of A Married Woman's Contract, Victor H. Lane
Conflict Of Laws--The Law Controlling The Validity Of A Married Woman's Contract, Victor H. Lane
Articles
The case of Poole v. Perkins (Va.), IO S. E. 240, involves that troublesome question of whether the validity of a contract is to be ruled by the law of the place where made, or by that of the place of performance.
Contracts For The Benefit Of A Third Person In Michigan, Grover C. Grismore
Contracts For The Benefit Of A Third Person In Michigan, Grover C. Grismore
Articles
In the recent case of Preston v. Preston the supreme court of Michigan had occasion to consider the question as to whether or not one for whose benefit a contract is made has any enforcible rights. The suit was one 'in Chancery, the donee plaintiff was an invalid, and every consideration of justice and equity demanded that she be given relief. The court had, however, to face the fact that in recent cases it had indicated its opinion to be that the third party beneficiary has no rights. In Modern Maccabees v. Sharp, (1910) 163 Mich. 449, 456 the court …
The 'Right' To Break A Contract, Willard T. Barbour
The 'Right' To Break A Contract, Willard T. Barbour
Articles
It is common knowledge that the fully developed common law affords no means to compel the performance of a contract according to its terms. Does it follow from this that there is no legal obligation to perform a contract, or if obligation there be, that it is alternative: to perform or pay damages? A note in the XIV MICH. L. REV. 480 appears to give an affirmative answer to this question and at least one court (Frye v. Hubbell, 74 N. H. 358, at p. 374) has taken the same view. Probably the most forcible exposition of this position is …
The 'Right' To Break A Contract, Willard T. Barbour
The 'Right' To Break A Contract, Willard T. Barbour
Articles
It is common knowledge that the fully developed common law affords no means to compel the performance of a contract according to its terms. Does it follow from this that there is no legal obligation to perform a contract, or if obligation there be, that it is alternative: to perform or pay damages? A note in the XIV MICH. L. REV. 480 appears to give an affirmative answer to this question and at least one court (Frye v. Hubbell, 74 N. H. 358, at p. 374) has taken the same view. Probably the most forcible exposition of this position is …
Invalid Contracts For Contingent Fees, James H. Brewster
Invalid Contracts For Contingent Fees, James H. Brewster
Articles
It is not unusual that agreements between attorneys and clients providing for contingent fees contain a stipulation to the effect that no settlement of the controversy concerning which there is a bargain for fees shall be made by the client without the attorney's consent. In the recent case of Davy et at. v. Fidelity and Casualty Ins. Co., 85 N. E. 504, the Supreme Court of Ohio condemns such an agreement as champertous and, by the citation of many Ohio decisions, "demonstrates that this court has always maintained a consistent and unambiguous attitude in regard to contracts of the kind …
The Right Of Bailees To Contract Against Liability For Negligence, Hugh Evander Willis
The Right Of Bailees To Contract Against Liability For Negligence, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Freedom Of Contract, Jerome C. Knowlton
Freedom Of Contract, Jerome C. Knowlton
Articles
The liberty mentioned in the Fourteenth Amendment of the Federal Constitution "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary …
A Treatise On The Law Of Agency In Contract And Tort, George L. Reinhard
A Treatise On The Law Of Agency In Contract And Tort, George L. Reinhard
Articles by Maurer Faculty
No abstract provided.
Subscriptions, Henry W. Rogers
Subscriptions, Henry W. Rogers
Articles
One cannot expect, within the limits of a single article, to exhaust the law relating to Subscriptions. But within the limits assigned, I propose to consider some portions of the law relating to this subject, which seem to me to be of sufficient interest and importance to merit attention in these pages. The subject of Subscriptions is seemingly a narrow one, and yet it has given rise to very considerable litigation, and out of it have come many interesting questions, upon the determination of which large pecuniary interests have often-times depended, especially in the case of Stock Subscriptions.