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Washington Law Review

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Full-Text Articles in Law

State And Local Taxation—County-Imposed Real Estate Sales Tax—Applicabilty To Corporate Transfers In Dissolution, Gordon G. Conger Jul 1962

State And Local Taxation—County-Imposed Real Estate Sales Tax—Applicabilty To Corporate Transfers In Dissolution, Gordon G. Conger

Washington Law Review

Extending the reasoning in Deer Park Pine Indus., Inc. v. Stevens County, Doric Co. v. King County holds that a distribution of a dissolved corporation's sole asset to its sole shareholder, who does not assume an existing debt of the corporation, is not a sale within the meaning of RCW 28.45.050, which authorizes counties to levy a tax on the sale of real estate.


Torts—Evidence Of Lack Of Malice By Defendant To Mitigate Damage In Defamation Action, John H. Binns, Jr. Jul 1962

Torts—Evidence Of Lack Of Malice By Defendant To Mitigate Damage In Defamation Action, John H. Binns, Jr.

Washington Law Review

Prior to the appearance of Farrar v. Tribune Publishing Co., it appeared reasonably clear that in defamation actions, evidence of the defendant's malice or good faith was not admissible for the purpose of enhancing or mitigating damages. Since malice is not an essential element of civil libel or slander, evidence of malice was considered immaterial and hence inadmissible under the Washington rule prohibiting punitive or exemplary damages. The actual malice of the defendant was considered relevant only in those actions which involved overcoming a qualified privilege. Farrar seems to have changed or at least obscured the clarity of these rules.


Security Transactions—Survival Of Mortgage-Lien On Conditional Vendee's Interest Following Declaration Of Forfeiture, Hartley Paul Jul 1962

Security Transactions—Survival Of Mortgage-Lien On Conditional Vendee's Interest Following Declaration Of Forfeiture, Hartley Paul

Washington Law Review

In Norlin v. Montgomery the Washington court (1) held that a mortgagee of the vendee's interest under a forfeitable real estate contract has a lien on the equity of the vendee, and (2) implied that the lien survives a default by the vendee and a subsequent declaration of forfeiture by the vendor.


Sales—Automobile Warranties, Daniel B. Ritter Jul 1962

Sales—Automobile Warranties, Daniel B. Ritter

Washington Law Review

A defective switch in a new automobile started a fire that destroyed the entire machine. Under the standard warranty given by all automobile manufacturers, the dealer's only obligation was to supply a new switch. By so deciding, Norway v. Root illustrated the worthlessness of the standard warranty. But the importance of the case lies in the Washington court's intimation that it might invalidate disclaimers of implied warranty in automobile sales were the issue squarely presented.


Torts—Occupier's Liability—The Licensee And Invitee In Washington, Dick Steincipher Jul 1962

Torts—Occupier's Liability—The Licensee And Invitee In Washington, Dick Steincipher

Washington Law Review

Since their development by the English court in Indermaur v. Dames, the categories of trespasser, licensee and invitee have played a significant role in the law of torts. Though they were founded upon nineteenth century notions of liability, and reflect an age which had not yet discarded the feudal principles of landowner's sovereignty, these distinctions have persisted, plaguing courts and litigants alike. While other archaic rules have fallen before the demands of our industrial complex and rising social consciousness, these classifications have endured. Since few valid reasons can be given for their longevity, the distinctions are slowly losing standing under …


Torts—Landowner's Liability To Servants Of Independent Contractors, Dwayne Coople Jul 1962

Torts—Landowner's Liability To Servants Of Independent Contractors, Dwayne Coople

Washington Law Review

In Murk v. Aronsen the Washington Supreme Court had occasion to consider a landowner's tort liability where work is placed under the control of an independent contractor. In a 5-to-4 decision the court held that an owner is not liable to a contractor's servant injured by the negligence of a contractor who has control of the premises. By its decision the court has reaffirmed its earlier position, despite a trend toward expanding the exceptions to the rule of non-liability for torts of independent contractors.


Torts—Tavernkeeper's Liability For Act Of Guest, Stanley H. Barer Jul 1962

Torts—Tavernkeeper's Liability For Act Of Guest, Stanley H. Barer

Washington Law Review

In Miller v. Staton, the members of the Washington Supreme Court disagree on how properly to apply the general rule that a tavernkeeper "owes the duty to his guests to exercise reasonable care to protect them from injury at the hands of a fellow guest."


Torts—Recovery For Suicide—Wrongful Death, Hartley Paul Jul 1962

Torts—Recovery For Suicide—Wrongful Death, Hartley Paul

Washington Law Review

The Washington Supreme Court, by a 5-to-4 decision in Orcutt v. Spokane County, made possible recovery by wrongful death action for negligent conduct resulting in suicide.


Torts—Interspousal Actions—Personal Torts, Richard H. Williams Jul 1962

Torts—Interspousal Actions—Personal Torts, Richard H. Williams

Washington Law Review

In Goode v. Martinis, the Washington Supreme Court held that a wife has a cause of action in tort for an assault committed upon her by her husband while the parties are legally separated and divorce proceedings are pending. While restricting its holdings to the particular facts, the court rejected the rationale advanced in favor of the common law doctrine of spousal disability.


Administrative Law—Standing To Challenge Constitutionality Of Loyalty Oath, David C. Lycette Jul 1962

Administrative Law—Standing To Challenge Constitutionality Of Loyalty Oath, David C. Lycette

Washington Law Review

In Nostrand v. Little, the Washington State Supreme Court had an opportunity to pass on the much publicized loyalty oath required of certain state employees. Against a charge that procedural due process was violated because the statute calls for immediate dismissal upon non-compliance, the court found that the oath abridged no constitutional rights of the plaintiffs, two University of Washington professors.


Foreword, Harry M. Cross Apr 1962

Foreword, Harry M. Cross

Washington Law Review

The enactment of Initiative 2081 in the 1960 election authorizes creation of joint tenancies in real and personal property in Washington generally. Many of the potential problems which may confront Washington lawyers because of the general availability of the joint tenancy device are discussed in this symposium. An orderly presentation of the arguments and identification of the particulars to be resolved will be fostered by the effort of the Review editors in assembling the material in this issue. I am sure that members of the Washington bar will agree that we owe a substantial debt to the authors. The discussions …


Joint Tenancy And Estate Planning, Charles B. Stacey Apr 1962

Joint Tenancy And Estate Planning, Charles B. Stacey

Washington Law Review

In many states both lawyers and laymen advise taking of title to property in joint tenancy without sufficient knowledge of the legal incidents of this ancient common law estate. Due to the increasing use of this form of ownership, lawyers must learn both the advantages and disadvantages of joint tenancies. Since joint tenancy involves the element of "survivorship," the taking of title to property in this form is usually a conscious act of estate planning. To the knowledgeable estate planner, however, joint tenancies are more often bothersome than useful. The planner is often faced with the problem of eliminating or …


Joint Tenancy—Creditor-Debtor Relations, Kenneth S. Treadwell, Jerome Shulkin Apr 1962

Joint Tenancy—Creditor-Debtor Relations, Kenneth S. Treadwell, Jerome Shulkin

Washington Law Review

By Initiative No. 208, adopted and now codified as RCW 64.28, the former prohibition against joint tenancy with the right of survivorship has been repealed and substituted with ".... a form of co-ownership of property, real and personal, known as joint tenancy."' The proviso that the transfer shall not derogate from the rights of creditors raises serious questions of meaning and interpretation. If the proviso means that the rights of creditors will not be changed by joint tenancy ownership, then this article will serve little purpose. If the proviso is to be applied only to the creditors existing at the …


Joint Tenancy In Real Property—The Title Insurer's Viewpoint, H. E. Tully Apr 1962

Joint Tenancy In Real Property—The Title Insurer's Viewpoint, H. E. Tully

Washington Law Review

Initiative Measure No. 2081 is necessarily brief and does little more than authorize in Washington "a form of co-ownership of property, real and personal, known as joint tenancy." In view of the prior history of joint tenancy with right of survivorship in Washington, so far as real property is concerned, practically the entire existing local law on the subject is provided by the initiative measure. This engrafts a new system of real property ownership onto the existing body of Washington real property law which has been in the process of development for over a century. This article must therefore deal …


Joint Tenancy And Community Property, Yale B. Griffith Apr 1962

Joint Tenancy And Community Property, Yale B. Griffith

Washington Law Review

The public demand in Washington which led to the adoption of the joint tenancy initiative is not surprising in view of the widespread use of this form of title in other states. However, Washington is still a community property state and the people's desire for joint tenancy with its popular survivorship feature does not necessarily indicate their intention to change the community property system. Laymen will commonly use community funds to buy property and will now take title in joint tenancy, fully hoping to have some of the advantages of each. This practice has led to a deluge of litigation …


The Inter Vivos Rights Of Cotenants Inter Se, Dale E. Kremer Apr 1962

The Inter Vivos Rights Of Cotenants Inter Se, Dale E. Kremer

Washington Law Review

The inter vivos rights and remedies among joint tenants with respect to their common property are in general the same as those of other co-owners of property. Differences become most apparent upon the death of one tenant. During the period when all of the joint tenants are alive, they are included in the general group, "cotenants," the term for co-owners of property, and their rights and remedies for the most part fall within the rules governing co-tenants. Some exceptions will be considered here. One difference between the rules governing joint tenants and those governing other co-owners is that while service …


Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness Apr 1962

Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness

Washington Law Review

The recent passage in Washington of Initiative No. 208 providing for creation of joint tenancies in real and personal property provides the occasion for a reconsideration of the current status of the statutory and case law in Washington relating to the effect given to "joint tenancy" accounts with right of survivorship. Such an account typically takes the form of a deposit opened in the name of the depositor and another, payable to either or to the survivor. Does such an account, by virtue of present statutes, in fact create a joint tenancy with all its incidents as known to the …


Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway Nov 1961

Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway

Washington Law Review

The final part of this five-part article, resuming with section 2-701, Remedies for Breach of Collateral Contracts Not Impaired.


Revenue Procedure 60-18—New Techniques For The Early Consideration And Disposition Of Tax Court Cases, Melvin L. Sears Nov 1961

Revenue Procedure 60-18—New Techniques For The Early Consideration And Disposition Of Tax Court Cases, Melvin L. Sears

Washington Law Review

With the promulgation of Revenue Procedure 60-18 (published in IRB No. 1960-37, p. 61), the Internal Revenue Service has again instituted a procedure for the benefit of the taxpayers, the tax Bar, the Tax Court and the Service. The effective operation of this new procedure undoubtedly will prove to be of substantial benefit to all parties concerned by securing a fair and expeditious disposition, either by settlement or trial, of tax controversies before the Tax Court.


Instructing A Jury In Washington, Lloyd L. Wiehl Nov 1961

Instructing A Jury In Washington, Lloyd L. Wiehl

Washington Law Review

One of the most burdensome, time-consuming and vexing aspects of a jury trial is the preparation of jury instructions. Several matters in the area of instructions are particularly troublesome in Washington, and the purpose of this article is to analyze some of them, point out certain pitfalls, and make certain suggestions, with emphasis on simplification and standardization.


The End Of An Experiment In Federalism—A Note On Mapp V. Ohio, Arval Morris Nov 1961

The End Of An Experiment In Federalism—A Note On Mapp V. Ohio, Arval Morris

Washington Law Review

When one views the full panoply of constitutional rights from the perspective of total United States Supreme Court history, he soon becomes aware that relatively few cases have directed that Court's attention to the constitutional immunity from unreasonable searches and seizures. However, the right expressed by the fourth amendment is obviously one of the most fundamental' for it gives legal protection to the "right of a man to privacy in his home, a right which is one of the indispensable ultimate essentials of our concept of civilization." Since this right is "basic to a free society"' and "implicit in the …


Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer Nov 1961

Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer

Washington Law Review

This article delineates the purposes which exemption laws should serve and surveys ways in which a comprehensive revision of the Washington statutes can more equitably (both as to debtors and creditors) effectuate these purposes. The discussion is far from exhaustive of the many provisions which might be considered in a revision of the debtor exemption area. It is intended only as a starting point for the thinking of attorneys.


The Washington Law Of Arrest Without Warrant—Incidental Search, Robert D. Duggan Nov 1961

The Washington Law Of Arrest Without Warrant—Incidental Search, Robert D. Duggan

Washington Law Review

The scope of this comment is limited to considerations of the substantive law of arrest without a warrant and the permissible scope of searches and seizures incidental thereto. The discussion of substantive requirements for arrest without warrant and its incidental search will be confined to present Washington case law as measured against the federal constitutional and common law backgrounds.


Washington Justice Court System—Constitutionality Of The Fee System Of Compensating Justices Of The Peace, Forest W. Walls Nov 1961

Washington Justice Court System—Constitutionality Of The Fee System Of Compensating Justices Of The Peace, Forest W. Walls

Washington Law Review

In the case of In re Borchert the Washington Supreme Court decided that a person tried before an unsalaried justice of the peace on a criminal charge was not deprived of due process of law because the justice was compensated on a fee basis.


Washington Consumer Protection Act—Enforcement Provisions And Policies, John J. O'Connell Sep 1961

Washington Consumer Protection Act—Enforcement Provisions And Policies, John J. O'Connell

Washington Law Review

With the enactment of the Washington Consumer Protection Act, the Washington attorney will be meeting for the first time a comprehensive "antitrust" act designed to operate on the local or "intra-state" level. Because this act is, for the most part, unprecedented in this state, and because it involves, in addition to most of the complexities of federal antitrust law, a few novel features of its own, some sort of introduction to its provisions might be helpful to members of the Washington bar. There appears elsewhere in this issue an examination of the substantive provisions of this new law; my observations …


Washington Legislation—1961; Antitrust: The Washington Antitrust Laws, Julian C. Dewell, Wayne Gittinger Sep 1961

Washington Legislation—1961; Antitrust: The Washington Antitrust Laws, Julian C. Dewell, Wayne Gittinger

Washington Law Review

The following articles, the work of the faculty of the School of Law, the Attorney General, two members of the Washington Bar and a student, constitute the first academic comment on the laws of 1961. For obvious reasons, these articles are not represented to the reader as a complete survey of the legislative session. Rather, they are a compilation of comments on acts which the writers have found to be important, timely, or merely interesting. The Antitrust section considers the Consumer Protection Act of 1961 and its impact on Washington antitrust law.


Commercial Law, Robert L. Taylor Sep 1961

Commercial Law, Robert L. Taylor

Washington Law Review

Covers recent laws on mutual savings banks.


Corporations, J. Gordon Gose Sep 1961

Corporations, J. Gordon Gose

Washington Law Review

Covers recent laws on fiduciary security transfers and oln shareholders' consent in lieu of meeting.


Insurance, Robert L. Taylor Sep 1961

Insurance, Robert L. Taylor

Washington Law Review

Covers recent laws on credit life, accident, and health insurance and on life insurance.


Judicial Administration, George Neff Stevens Sep 1961

Judicial Administration, George Neff Stevens

Washington Law Review

Covers recent amendments.