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Articles 2461 - 2490 of 3365
Full-Text Articles in Law
The Uniform Commercial Code—A Modernization Of Commercial Law, Warren L. Shattuck
The Uniform Commercial Code—A Modernization Of Commercial Law, Warren L. Shattuck
Washington Law Review
Editor's Note: The Uniform Commercial Code continues to be the major topic of interest in the commercial law area as additional states enact this important statute. The roster now includes Pennsylvania, Massachusetts, Kentucky, Connecticut, New Hampshire, and Rhode Island. This issue of the Review contains the first of a series of articles by Richard Cosway, which will complete the discussion of the sales coverage of the Code, commenced by Ralph W. Johnson (Sales-A Comparison of the Law in Washington and the Uniform Commercial Code, 34 Wash. L. Rev. 78 (1959)), and will continue with a comparison of the Code and …
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part 2), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part 2), Richard Cosway
Washington Law Review
This article is a continuation of the analysis made by Professor Ralph Johnson in an earlier issue of this Review of the effect on Washington law of article 2 (Sales) of the Uniform Commercial Code. As such, it will continue the format there established of a section by section analysis of the Code. Continues with section 2-204, Formation in General.
Damages In Washington Wrongful Death Actions, David C. Cummins
Damages In Washington Wrongful Death Actions, David C. Cummins
Washington Law Review
At common law there was no right of recovery for wrongful death and the cause of action for personal injuries did not survive the death of either the injured person or the tort-feasor. In 1846 Lord Campbell's Act was adopted, and not long thereafter wrongful death legislation appeared in every state, patterned largely after the English statute.
The Bulk Sales Law In Washington, P. Bruce Wilson
The Bulk Sales Law In Washington, P. Bruce Wilson
Washington Law Review
The recent case of Hull v. Minkler clarifies certain aspects and presents some new problems concerning Washington's Bulk Sales Law. The purpose of this comment is to discuss the general application of the statute as well as the principles set forth in the Minkler case.
Infants' Contracts And Their Enforcement, R. Ted Bottiger
Infants' Contracts And Their Enforcement, R. Ted Bottiger
Washington Law Review
The growing number of minors having sizable funds of their own to spend, either because of greater earning capacity or larger allowances, combined with concurrent growth in competition for such business, has posed with increasing frequency problems in the area of infant's contracts, rights and liabilities. Before an adult contracts with a minor, he should consider the minor's limited capacity and the availability of the infancy defense in suits to enforce such contracts. The defense of infancy is, however, subject to common law and statutory limitations which may preserve the adult's contract or property rights. The adult, upon realization that …
Trespass—Unseen Particles Constituting Invasion—Distinguished From Nuisance, Timothy R. Clifford
Trespass—Unseen Particles Constituting Invasion—Distinguished From Nuisance, Timothy R. Clifford
Washington Law Review
In the 1959 Oregon decision of Martin v. Reynolds Metals Co., the supreme court of that state re-investigated the fields of trespass and nuisance and incorporated into the former modern understanding which had previously been excluded from the aged legal concept.
Tax—Lease Agreements—Deductibility Of "Rental" Payments As Business Expense, Robert W. Mckisson Jr.
Tax—Lease Agreements—Deductibility Of "Rental" Payments As Business Expense, Robert W. Mckisson Jr.
Washington Law Review
During 1959 two cases involving the right to deduct as an "ordinary and necessary" business expense rental payments made pursuant to equipment lease contracts came before the Courts of Appeals of the Eighth and Ninth Circuits. Both taxpayers claimed the deductions were permissible by authority of section 162 (a) (3) of the 1954 Internal Revenue Code. In both cases the Commissioner of Internal Revenue determined that the "lease" agreements were actually conditional sales contracts, the taxpayer thereby having title to the property, or that with each "rental" payment the taxpayer acquired an equity in the property. The Commissioner disallowed the …
Washington Case Law—1959; Constitutional Law, Joyce M. Thomas, Timothy R. Clifford
Washington Case Law—1959; Constitutional Law, Joyce M. Thomas, Timothy R. Clifford
Washington Law Review
Presented below is the seventh annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by the Casenote Survey Editor of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1959. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute substantial …
Contracts, Robert Baronsky
Contracts, Robert Baronsky
Washington Law Review
Covers cases on consideration—promise to perfom duty and on restraint of trade in the form of a condition.
Corporations, Anon
Corporations, Anon
Washington Law Review
Summarizes one case of first impression on a law on ownership control of stock which is issued by a Washington corporation but held in another state by domiciliaries of the latter state.
Criminal Law, Robert G. Swenson
Criminal Law, Robert G. Swenson
Washington Law Review
Covers cases on discovery in criminal actions.
Domestic Relations, William L. Carter
Domestic Relations, William L. Carter
Washington Law Review
Covers cases on adoption—necessity of consent by natural parent—constitutitonal aspects.
Government Regulation, Robert W. Mckisson
Government Regulation, Robert W. Mckisson
Washington Law Review
Covers cases on fair trade regulation—"non-signer" provision unconstitutional.
Insurance, Thomas B. Grahn
Labor Law, Denny E. Anderson
Labor Law, Denny E. Anderson
Washington Law Review
Covers cases on the jurisdictional conflict between state courts and the National Labor Relations Board.
Local Government, Donna Berg
Local Government, Donna Berg
Washington Law Review
Covers cases on municipal corporations—power of eminent domain—condemnation of lands for resale to private industry and on zoning ordinances—power to require termination of nonconforming use.
Practice And Procedure, Raymond E. Brown
Practice And Procedure, Raymond E. Brown
Washington Law Review
Covers cases on summary judgment.
Sales, John F. Colgrave
Sales, John F. Colgrave
Washington Law Review
Covers cases on the implied warranty of fitness—partial reliance.
Security Transactions, Yancey Reser
Security Transactions, Yancey Reser
Washington Law Review
Covers cases on purchase-money mortgages and mechanics' liens—priorities.
Statutory Construction, Thomas B. Grahn
Statutory Construction, Thomas B. Grahn
Washington Law Review
Covers cases on retroactivity of legislation—Workmen's Compensation Act—host-guest statute.
Torts, Lloyd W. Peterson, Robert D. Duggan, Jorgen Bader, Raymond E. Brown
Torts, Lloyd W. Peterson, Robert D. Duggan, Jorgen Bader, Raymond E. Brown
Washington Law Review
Covers cases on violation of civil rights—damages (Peterson); on personal injuries as community property—res ipsa loquitur (Duggan); on defamation (Duggan); on storekeeper's liability (Bader); on children staying after school—invitees or licensees (Bader); and on attractive nuisances (Brown).
Wills And Probate, Lloyd W. Peterson
Wills And Probate, Lloyd W. Peterson
Washington Law Review
Covers cases on testate succession—rights of adopted children.
Workmen's Compensation, Donald A. Eide
Workmen's Compensation, Donald A. Eide
Washington Law Review
Covers cases on employees for the short term.
Recent Community Property Decisions, Toni C. Rembe
Recent Community Property Decisions, Toni C. Rembe
Washington Law Review
Covers cases on the character of federal savings bonds purchased with community funds and property acquired under installment purchase contracts.
Joint Tenancy For Washington?, Harry M. Cross
Joint Tenancy For Washington?, Harry M. Cross
Washington Law Review
Recurring proposals to make joint tenancy ownership generally available in Washington justify consideration of possible consequences of such a change from what has been the pattern of law since territorial days except for the aberration for a few years beginning in 1940. The absence of joint tenancies in general has probably put both the ordinary rules and the special complications of joint tenancy law beyond the ken of the typical Washington lawyer, hence a rudimentary summary of that law is desirable.
Restitution In Washington Contracts, Donald P. Lehne
Restitution In Washington Contracts, Donald P. Lehne
Washington Law Review
The scope of this Comment will be limited to discussion of restitution as an alternative remedy for a breach of contract by the defendant, and as a sole remedy for a plaintiff unable to enforce a contract by reason of his own breach, his non-performance of a condition, or the Statute of Frauds. Restitution as a remedy where no agreement has been entered into, or where an agreement is void or voidable, will not be treated, although some fraud and misrepresentation cases are cited for principles which are equally germane to the restitution discussion.
Some Observations On The Law And The Nature Of The Judicial Process, Robert C. Finley
Some Observations On The Law And The Nature Of The Judicial Process, Robert C. Finley
Washington Law Review
My purpose in mentioning some of these developments is to point out and to emphasize that the most constructive changes have occurred (1) in the field of procedural law, and (2) in judicial administration. The latter term of course largely refers to methods or mechanics for expediting and handling the business of the courts. The one significant area wherein we have lagged the most is in the field of substantive law evaluation, revision, and improvement.
The Law Of Adverse Possession In Washington, William B. Stoebuck
The Law Of Adverse Possession In Washington, William B. Stoebuck
Washington Law Review
Adverse possession is an anomaly in the law in that it is a system whereby a legal right is obtained through conduct which must be wrongful. Essentially it consists of the nonpermissive occupation of another's land until a statute of limitations bars his right to recover it. Unlike the usual statute of limitations situation, in which only a remedy is barred, in adverse possession the occupant acquires an affirmative legal right, an original title in fee simple. Clearly such a strange and drastic doctrine must spring from strong necessity. Desire to reward the occupant or punish the lax owner should …
Forum Non Conveniens In Washington—A Dead Issue?, Philip A. Trautman
Forum Non Conveniens In Washington—A Dead Issue?, Philip A. Trautman
Washington Law Review
The Washington Supreme Court in the recent case of Lansverk v. Studebaker-Packard Corp. held the doctrine of forum non conveniens not to be a part of the law of this state. Probably as good a description of the doctrine as can be found is set forth in the Lansverk case, namely, that although a court in which a transitory action is commenced has jurisdiction to hear and determine it, the court can, nonetheless, in its discretion decline to exercise its jurisdiction and dismiss the action whenever it appears that there is another forum available where trial will best serve the …
The Divorce Act Of 1949—One Decade Later, Luvern Rieke
The Divorce Act Of 1949—One Decade Later, Luvern Rieke
Washington Law Review
In the legislative session of 1949 a new divorce law was enacted. Proposed departures from the existing act had been reported to the State Bar Association. The objectives and contemplated effects of the new legislation were discussed in an article immediately after the act was adopted. Trouble was predicted Today, with ten years of experience under the act and in light of 172 reported opinions dealing with it, it seems appropriate to see what has occurred. The objective of this review is to identify, by placing together the related decisions of the Washington court, trends which have appeared and significant …