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Full-Text Articles in Law
Mistake And Fraud In Wills--Part Ii: A Suggested Statutory Departure, James A. Henderson Jr.
Mistake And Fraud In Wills--Part Ii: A Suggested Statutory Departure, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts
The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts
Cornell Law Faculty Publications
The author points up the decline of caveat emptor as a viable doctrine governing the sale of new homes and analyzes the emergence of implied warranty as a remedy for both structural deficiencies and personal injuries. He argues that the concept of implied warranty tends to obfuscate real distinctions between the builder-vendor’s responsibility for the material integrity of a new home and for personal injuries occasioned by defects therein, concluding that legislation is needed to reestablish a system of order in the law.
Mistake And Fraud In Wills--Part I: A Comparative Analysis Of Existing Law, James A. Henderson Jr.
Mistake And Fraud In Wills--Part I: A Comparative Analysis Of Existing Law, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Preliminary Notes Toward A Study Of Judicial Notice, E. F. Roberts
Preliminary Notes Toward A Study Of Judicial Notice, E. F. Roberts
Cornell Law Faculty Publications
The author describes the common law as a "machine," with judges and lawyers as its working parts. He explains that its successful operation requires a kind of "intellectual adrenalin" in order to keep it responsive to its changing environment. This is the function of judicial notice. The author next examines the different views of judicial notice and points out that each is a reflection of the era in which it was created. He concludes that judicial notice is not a distinct doctrine like the hearsay rule, but rather is simply the art of thinking as practiced within the legal system.