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Full-Text Articles in Law
Contracts--Mutual Assent--Effect Of Insanity, Earl R. Boonstra
Contracts--Mutual Assent--Effect Of Insanity, Earl R. Boonstra
Michigan Law Review
Defendant listed a hotel with plaintiff, a broker, who procured a purchaser. Defendant refused to sell and pleaded insanity in defense to an action for a commission. The jury was charged to hold for defendant if it found defendant mentally incapable of entering into the contract. On appeal from a judgment for defendant, held, the instruction was erroneous. The unadjudicated insanity of one of the parties is not sufficient reason for setting a contract aside where the executed contract was made in good faith, for a fair consideration, and without notice of infirmity, and if the parties cannot be …
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 …
Contracts-Remedies For Misrepresentation-Measure Of Recovery, Richard J. Archer S.Ed.
Contracts-Remedies For Misrepresentation-Measure Of Recovery, Richard J. Archer S.Ed.
Michigan Law Review
In a preceding comment in this series, the various remedies affording relief for misrepresentation were examined for the purpose of determining what remedies are available in case of an innocent misrepresentation. Discussion was directed toward actions for damages for deceit, actions at law and in equity for restitution, the recovery of damages for breach of warranty, and the action based on the enforcement of representations on a theory of estoppel. The purpose of the present comment is to re-examine these remedies to determine what relief can be obtained by each of them, assuming for this purpose that all of the …
Bills And Notes-Imposters In The Law Of Bills And Notes, Ralph W. Aigler
Bills And Notes-Imposters In The Law Of Bills And Notes, Ralph W. Aigler
Michigan Law Review
Two crooks, Baron and Brasch, now apparently residents of the New Jersey penitentiary, yielded to the temptation to acquire money by supposedly easy means. They selected as their victim a Miss Russell, a retired school teacher with more cash than is usual in the cases of people with her background. She seems to have had a strong leaning towards charitable contributions, and it was this trait which commended her to Baron and Brasch.
Corporations--Section 16 (B) Of Securities Exchange Act-Short Swing Profits-Statute Of Limitations, Emerson T. Chandler
Corporations--Section 16 (B) Of Securities Exchange Act-Short Swing Profits-Statute Of Limitations, Emerson T. Chandler
Michigan Law Review
Plaintiffs brought a shareholders' class action under section 16 (b) of the Securities and Exchange Act of 1934 alleging that defendant, an officer, director, and substantial stockholder of the corporation, had realized profits from trading in the corporation's securities within a six-month period and had fraudulently concealed such profits by failing to file the statement required by section 16 (a) of the act until after suit was instituted against him over four years later by the S.E.C., thereby delaying plaintiff's discovery of the facts. Defendant moved for dismissal on the ground that suit was not brought within the two-year period …