Law Commons^™

Contracts-Rescission For Substantial Breach-Lien For Improvements Given Vendee

Michigan Law Review

For statement of facts see preceding note in this issue, Younger v. Caroselli, 251 Mich. 533, 232 N.W. 378.

According to the majority view in the United States, a builder, whose substantial breach of contract (the instant case can hardly be considered one of substantial performance) is merely negligent and in good faith, can recover the value of his labor and materials less the damage caused the promisee.

Constitutional Law-Action For Personal Injury As Property

Michigan Law Review

In an action for personal injury to the plaintiff while a guest in defendant's car, the trial court instructed the jury that plaintiff must prove the elements required by the Guest Act, i.e., a heedless and reckless disregard of the rights of others, and not merely the common law requirements for negligence. The Guest Act (Pub, Acts, 1927, c. 308) was void for failure of the governor to sign in the prescribed time. Validating acts were passed after the accident in question. Held, action for personal injury was a property interest and the validating acts, operating retrospectively, impaired plaintiff's …

Should Iowa Establish A Court Of Claims? - Part I, Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Libel And Slander-Fair Comment

Michigan Law Review

The plaintiff sued the defendant publisher for an alleged malicious attack on him as the coach of the local high school football team. The newspaper article in question, after reciting several defeats suffered by the local aggregation, declared that the players were not well versed in the fundamentals of the game, that the system of plays furnished them was exceedingly antiquated, and that their latent ability had not been brought out by proper coaching. Held, judgment of non-suit reversed, as the plaintiff can recover on proof of express malice. Hoeppner v. Dunkirk Printing Co. (N. Y. 1930) 172 N.E. …

The Duty Problem And Cause Problem In Negligent Cases, Fowler Vincent Harper

Indiana Law Journal

No abstract provided.

Husband And Wife-Torts-Action By Wife Against Husband For Libel

Indiana Law Journal

No abstract provided.

Last Clear Chance And The Humanitarian Doctrine In Kentucky, John C. Bagwell

Kentucky Law Journal

No abstract provided.

Libel And Slander-Liability Of A Telegraph Company For The Transmission Of A Defamatory Message

Michigan Law Review

It is surprising that despite the tremendous number of messages handled, covering almost every conceivable subject, the question of the liability of a telegraph company for the transmission of a defamatory message has arisen in but half a dozen jurisdictions. The earliest reported case, decided in 1858 when the law as to the tort liability of a corporation was still in the formative period, asserted the liability of the telegraph company on the sole ground that a corporation could be guilty of malice. Following a series of cases arising in the state and federal courts of Minnesota, a modern rule …

Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff

Michigan Law Review

A, a minor, while riding in an automobile driven by B, his father, sustained injuries in a collision with an automobile driven by C. A sued C, and the latter impleaded B on a cross-complaint for contribution. The jury found the injuries to be the result of the concurring negligence of both defendants. The cross-complaint was dismissed. Held, that since there could be no recovery against the father by his son, no right of contribution existed. Zutter v. O'Connell (Wis. 1930) 229 N.W. 74-

Negligence-"Last Clear Chance" Doctrine

Michigan Law Review

ln an action for damages by a negligent driver oi a motorcycle against a negligent driver of an automobile for injuries sustained in a collision between them, the instructions to the jury were that the plaintiff could recover, "if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the plaintiff's negligence." Held, the instructions are erroneous in omitting the essential element of the last clear chance doctrine, that the plaintiff's peril must have been known to the defendant in time to have avoided the accident. Graybill v. Clancy …

Vicarious Liability For Fraud And Deceit In Iowa, Frank Edward Horack

Articles by Maurer Faculty

No abstract provided.

Torts--Wild Animals--Negligence As Basis Of Liability For Personal Injuries, Robert E. Stealey

West Virginia Law Review

No abstract provided.

Husband And Wife--Right To Wife To Sue Her Husband For Personal Injuries--Interpretation Of Statutes, Jerome Katz

West Virginia Law Review

No abstract provided.

Torts-Negligence-Bailee's Negligence As A Bar To An Action By The Bailor Against A Third Party

Michigan Law Review

The plaintiff's son borrowed the plaintiff's automobile for an evening's pleasure trip in which the plaintiff had no interest. While on this trip, the automobile was damaged as a result of the negligence of the defendant and the driver of the plaintiff's automobile. Held, the relation of the plaintiff to his son was that of bailor and bailee, but that the negligence of the bailee could not be imputed to the bailor so as to bar recovery for the damage to the automobile in an action against the negligent defendant. Robinson v. Waffen (Me. 1930) 151 Atl. 10.

Negligence-Duty To Trespassers--Duty To Warn Known Trespasser

Indiana Law Journal

No abstract provided.

Workmen's Compensation-Injuries Arising Out Of Employment

Indiana Law Journal

No abstract provided.

Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile

Michigan Law Review

After the sound of a crash, the defendant's motortruck was found on the plaintiff's porch. Held, the doctrine of res ipsa loquitur was applicable.

Torts-Inducing Breach Of Contract

Michigan Law Review

A contracted to build a dwelling for B, a negro. C, learning that A was building the structure for B, called on B and gave B to understand that the neighborhood would not permit B to use the building after completion. There were no direct threats, nor was there any violence, nor was B requested to cancel the contract. A sues C for inducing the breach which follows C's conversation with B. Held, A was entitled to damages even though C bore no malice toward A and did not intend to cause damage to A. Carson v. Stephens (La. …

Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check

Michigan Law Review

In an action by a creditor against his debtor for the non-payment of the debt, the ordinary measure of damages for non-performance of the contract is the sum of money itself with interest at the legal rate from the time it was due. Tradition has it that the relation between bank and depositor is that of debtor and creditor. Clearly, it is a contractual relationship. The contract, however, is not merely to pay the creditor but also to pay, on his behalf, such third persons as he may designate. It is not an adequate description to say, merely, that the …

Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son

Michigan Law Review

Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.

Partnership-Dissolution By Death Of Partner

Michigan Law Review

Suit was brought by holders of certificates of deposit against the defendants as partners in an insolvent private bank. At the trial plaintiffs amended their petition by alleging that though defendants called themselves a partnership, they were in law and fact a joint stock company. But they failed to strike out the first allegation. The articles of agreement provided for a manager and a financing committee and for transferable stock, but transferable only to those whom the committee might admit. Several of the shareholders were deceased previous to the time the liability was incurred by the manager, and the status …

Torts--Joint Tort-Feasors-Release Or Covenant Not To Sue

Michigan Law Review

Plaintiff was injured while she was a passenger in a taxicab as a result of a collision of the cab with a motor truck. After starting a suit against the taxicab company, plaintiff signed a written agreement, whereby, in consideration of the payment to the plaintiff of $1,032.40 by the cab company, plaintiff agreed not to prosecute any suit pending, nor to file any suit against the cab company for any damage growing out of the collision, and to pay all costs in the said pending suit. The agreement also declared that the promise of the plaintiff should in no …

Quasi-Contracts--Duress--Tort Action For

Michigan Law Review

The court in the instant case implied by way of dictum that the plaintiff could have recovered if duress had existed. Perhaps as to the commissions sufficient benefit was conferred upon the defendant to form the basis of quasicontractual liability. WOODWARD, LAW OF QUASI-CONTRACTS, sec. 211; Astley v. Reynolds, 2 Strange 915; Darling-Singer Lumber Co. v. Oriental Navigation Co., 127 Or. 655, 272 Pac. 275.

Negligence--Proximate Cause

Indiana Law Journal

No abstract provided.

Cases On Torts, By Francis H. Bohlen, Fowler Vincent Harper

Indiana Law Journal

No abstract provided.

Tort-Concurrent Negligence--Knowledge Of Party Charged--Proximate Cause

Indiana Law Journal

No abstract provided.

The Law Of Torts, By Thomas M. Cooley, Fowler Vincent Harper

Indiana Law Journal

No abstract provided.

Criminal Conservation--Damages--Refusal Of Writ Of Error, Fletcher W. Mann

West Virginia Law Review

No abstract provided.

Torts--Contributory Negligence Of An Automobile Passenger, Melville Stewart

West Virginia Law Review

No abstract provided.

Gross Negligence, Frank L. Mechem, Lowell P. Mickelwait

Washington Law Review

The rule is well established that the operator of an automobile owes an invited guest a duty to exercise reasonable care inits operation, and will be liable to the guest for ordinary negligence which causes injury to him. Nevertheless, a few jurisdictions have adopted the rule that gross negligence must be shown in order to hold the operator liable to his invited guest, or stated conversely, that only slight care is required of the operator of an automobile toward his invited guest.