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Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner
Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner
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"The existence and the alteration of human institutions," says DICEY, "must in a sense, always and everywhere depend upon the beliefs or feelings, or, in other words, upon the opinion of the society in which such institutions flourish."1 Undoubtedly, law, as much as any other human institution, has felt this influence of public opinion. The political, economical and ethical ideals of a people find expression in their laws. True it is that public opinion is usually, if not always, in the lead, but in a truly happy and contented society the distance is never great. As MAINE says, in progressive …
New Doctrine Concerning Contracts In Restraint Of Trade, Jerome C. Knowlton
New Doctrine Concerning Contracts In Restraint Of Trade, Jerome C. Knowlton
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Is a covenant in restraint of a particular trade and unlimited as to space against public policy and therefore void and unenforceable? Long ago an English judge, in speaking of the making of contracts, protested against arguing too strongly upon public policy. "It is a very unruly horse, and, when once you get astride it, you never know where it will carry you."1 Right he was and is, and the judge who would keep his saddle must be a good rider, for the horse shies badly on the way at every new condition in trade and commerce, occasioned by recent …