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Recent Developments In Restitution: Rescission And Reformation For Mistake, Including Misrepresentation, Edward S. Thurston
Recent Developments In Restitution: Rescission And Reformation For Mistake, Including Misrepresentation, Edward S. Thurston
Michigan Law Review
In accordance with underlying equitable principles, restitution is granted where a mistake has been made by one or both parties to a transaction or series of transactions because of which one of them has obtained an advantage which it would be unjust for him to retain.
There are two forms of relief, one based upon rescission, the other upon reformation. The first seeks the undoing of a transaction and the replacing of the parties into the positions, as nearly as may be, originally occupied. On the other hand, reformation seeks the performance of an agreement as the parties to it …
Definiteness And Particularity In Patent Claims, William Redin Woodward
Definiteness And Particularity In Patent Claims, William Redin Woodward
Michigan Law Review
To the uninitiated the professional jargon of patents, and particularly of patent claims, is somewhat mystifying even in the most ordinary cases. The profession likes to define the elements of apparatus as "means" for this, "means" for that and "means" for the other. Words like "plurality," "predetermined" and "comminuted" find remarkably frequent use by patent attorneys. And the habit of using out-of-the-way verbiage may lead the practitioner by force of habit to pass over a simple term like "sleeping car" in favor of a more elaborate phrase like "a communal vehicle for the dormitory accommodation of nocturnal viators." But it …
Quasi-Contract-Impossibility Of Performance-Restitution Of Money Paid Or Benefits Conferred Where Further Performance Has Been Excused, J. R. Swenson S.Ed.
Quasi-Contract-Impossibility Of Performance-Restitution Of Money Paid Or Benefits Conferred Where Further Performance Has Been Excused, J. R. Swenson S.Ed.
Michigan Law Review
In a recent Oklahoma case, City of Barnsdall v. Curnutt, an attorney was retained by a city to prosecute a damage claim arising out of the pollution of a stream. The attorney was to receive a 40 per cent contingency fee. The defendant in the action made an offer in compromise of $25,000 which was rejected by the city on advice of the attorney. Before the action was brought to trial the attorney died. The counsel substituted by the city obtained a settlement in which the city received $35,000, out of which a fee of $ 10,500 was paid …