Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Extension Of Liability Of Abstracters, Harry R. Trusler
Extension Of Liability Of Abstracters, Harry R. Trusler
Michigan Law Review
The General Rule.- In 1900 a standard encyclopedia said: "By the weight of authority an abstracter is liable only to the person ordering and paying for the abstract; and where this view obtains, the fact that an abstracter has knowledge that his abstract is to be used in a sale or loan to advise a purchaser or person about to lend money does not affect the rule as to his liability. In some jurisdictions, however, the abstracter's liability has been extended to protect those who, relying on the correctness of the abstract, are injured."
The Seller's Action For The Price, John B. Waite
The Seller's Action For The Price, John B. Waite
Articles
WHEN a contract of sale has been broken by the buyer, before title has passed according to the usual rules of presumption, there arises the very practical question whether the seller can sue him for the purchase price, as such, or is limited to a suit for damages only. In the latter case his damage may happen to equal the purchase price, but it is usually considerably less than that amount. If the seller can recover the purchase price, as such, it must be because that price is legally due him as a consequence of the contract. The ultimate inquiry …
Implied Condition Involving Impossibility Of Performance, Edson R. Sunderland
Implied Condition Involving Impossibility Of Performance, Edson R. Sunderland
Articles
Early in 1914 the defendants contracted to sell to the plaintiffs a quantity of Finland birch timber. The practice was to send the timber direct by sea from Finnish ports. Before any timber was delivered the war broke out and the presence of German warships in the Baltic made the direct shipment by water impossible. The contract contained no war, force majeure or suspension provision. Held, that the contract was not dissolved, and the defendants were liable for damages for non-delivery of the timber. Blackburn Robbin Co., Lim. v. Allen & Sons, Lim. (1918) 87 L. J. K. B. 1085. …
Subsequent Impossibility As Affecting Contractual Obligations, Ralph W. Aigler
Subsequent Impossibility As Affecting Contractual Obligations, Ralph W. Aigler
Articles
Where the law creates a duty or charge and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. * * * But where the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. Paradine v. Jane, Aleyn, 26, a case not really involving a question of impossibility. Most discussions of the effect of subsequent impossibility of performance …