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1964

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Full-Text Articles in Law

Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch Dec 1964

Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch

Vanderbilt Law Review

Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …


Contracts—The Effect Of The Statute Of Frauds On An Implied Contract, David Brown Dec 1964

Contracts—The Effect Of The Statute Of Frauds On An Implied Contract, David Brown

Buffalo Law Review

Cinefot International Corp. v. Hudson Photographic Industries, 13 N.Y.2d 249, 196 N.E.2d 54, 246 N.Y.S.2d 395 (1963).


Review Of Readings In Adoption, Edited By I. Evelyn Smith, Sanford N. Katz Nov 1964

Review Of Readings In Adoption, Edited By I. Evelyn Smith, Sanford N. Katz

Sanford N. Katz

No abstract provided.


State And Local Contracts And Subcontracts, J. Edward Conway Oct 1964

State And Local Contracts And Subcontracts, J. Edward Conway

Buffalo Law Review

No abstract provided.


Local Contracts And Sub-Contracts: The Roles Of City Government And Private Citizen Groups, Madison S. Jones Oct 1964

Local Contracts And Sub-Contracts: The Roles Of City Government And Private Citizen Groups, Madison S. Jones

Buffalo Law Review

No abstract provided.


Purchased Executory Contracts And The Federal Income Tax Jul 1964

Purchased Executory Contracts And The Federal Income Tax

Indiana Law Journal

No abstract provided.


Contracts -- 1963 Tennessee Survey, Paul J. Hartman Jun 1964

Contracts -- 1963 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Both the one year provision and the sale of goods provision of the Statute of Frauds were construed in Anderson-Gregory Co. v. Lea.'Regarding the duration of the contract, the facts in the opinion are somewhat sparse... The court held that the contract did not come within this provision of the statute. If a contract could have been performed, under its terms, within a year from the time of its making, it is not within the Statute of Frauds, even though it is improbable that the contract would be performed within a year.

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The Tennessee Supreme Court case of Oman …


New Values Under Old Oil And Gas Leases: Helium, Who Owns It?, C. Douglas Kranwinkle May 1964

New Values Under Old Oil And Gas Leases: Helium, Who Owns It?, C. Douglas Kranwinkle

Michigan Law Review

It is a well known maxim among oil and gas lawyers that "a producing well always clouds a title and a dry hole cures it." A variation of that maxim might be applied to producing wells which may or may not include, as by-products of the primary mineral, other substances that are extractible and valuable. Of course, once production of by-products begins, conveyancers give special attention to these resources, but many instruments executed before such development may be phrased in general terms without specific mention of substances unimportant when the conveyance was made. Even a recent instrument may lack specificity …


Civil Procedure- Venue-Effect Of Contract Provision Fixing Venue As To Future Litigation, Robert C. Bonges May 1964

Civil Procedure- Venue-Effect Of Contract Provision Fixing Venue As To Future Litigation, Robert C. Bonges

Michigan Law Review

Defendants, residents of Harris County, Texas, executed in Harris County a conditional sale contract to purchase a food freezer from plaintiff's assignor. One of the contract provisions was that any suit on the contract was to be tried in Travis County, Texas. Plaintiff subsequently brought an action on the contract in Travis County, and defendants, contrary to their agreement, requested the trial court to transfer the action to a court of proper jurisdiction in Harris County, which was the proper county for suit under the applicable venue statute. In response, plaintiff argued that, since the contract created an obligation performable …


Pleading And Practice - Partial Specific Performance And The Rights Of Third Parties, Stanley Morris Apr 1964

Pleading And Practice - Partial Specific Performance And The Rights Of Third Parties, Stanley Morris

William & Mary Law Review

No abstract provided.


The Attorney's Retaining Lien Mar 1964

The Attorney's Retaining Lien

Washington and Lee Law Review

No abstract provided.


Community Decision-Makers And The Promotion Of Values In The Adoption Of Children, Sanford N. Katz Feb 1964

Community Decision-Makers And The Promotion Of Values In The Adoption Of Children, Sanford N. Katz

Sanford N. Katz

No abstract provided.


Contracts - Accord And Satisfaction Jan 1964

Contracts - Accord And Satisfaction

William & Mary Law Review

No abstract provided.


The Conflict Of Laws: A Comparative Study, Second Edition. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel Jan 1964

The Conflict Of Laws: A Comparative Study, Second Edition. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel

Michigan Legal Studies Series

The third volume of Ernst Rabel's comparative treatise on the conflict of laws was originally published in 1950. With the continued support ofThe University of Michigan Law School and the cooperation of the Max-Planck-Institut für auslaändisches und internationals Privatrecht in Hamburg, this second edition of Volume III has been prepared. Plans for the revision of Volumes I and II were made before the death of the author on September 7, 1955, and the work was carried to completion by Dr. Ulrich Drobnig of the staff of the Institut in Hamburg. We were fortunate in obtaining the services of another well-qualified …


Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman Jan 1964

Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman

Articles & Chapters

No abstract provided.


Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman Jan 1964

Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman

Articles & Chapters

No abstract provided.


Contracts--United States Savings Bongs--Treasury Regulations As A Term, R. Cletus Maricle Jan 1964

Contracts--United States Savings Bongs--Treasury Regulations As A Term, R. Cletus Maricle

Kentucky Law Journal

No abstract provided.


Interference With Contracts Terminable At Will - Clarke Langrall, Incorporated V. Shamrock Savings & Loan Association, Inc., Ronald P. Fish Jan 1964

Interference With Contracts Terminable At Will - Clarke Langrall, Incorporated V. Shamrock Savings & Loan Association, Inc., Ronald P. Fish

Maryland Law Review

No abstract provided.


Contracts--Adams V. Lindsell Rule--Unjustified Significance Placed On Loss Of Control, James L. Avritt Jan 1964

Contracts--Adams V. Lindsell Rule--Unjustified Significance Placed On Loss Of Control, James L. Avritt

Kentucky Law Journal

No abstract provided.


Contracts--Consideration--Effect Of Subsequent Compromise For More Money, Sidney Clay Kinkead Jr. Jan 1964

Contracts--Consideration--Effect Of Subsequent Compromise For More Money, Sidney Clay Kinkead Jr.

Kentucky Law Journal

No abstract provided.


Negligent Misrepresentation: Fraud Or Negligence, June W. Wiener Jan 1964

Negligent Misrepresentation: Fraud Or Negligence, June W. Wiener

Cleveland State Law Review

Although there was no remedy for negligent misrepresentation at common law, and English law apparently still provides none, the American courts have all, in one way or another, accepted the thesis that "conscience, fair dealing and the usages of business require" some type of liability. But the nature and limits of that liability have never been clearly defined by the majority of American jurisdictions.


Industrial Relations - Torts - Intentional Interference With Advantageous Trade Relationships By Illegal Means - Intimidation - Conspiracy To Threaten Breach Of Contract, Innis Christie Jan 1964

Industrial Relations - Torts - Intentional Interference With Advantageous Trade Relationships By Illegal Means - Intimidation - Conspiracy To Threaten Breach Of Contract, Innis Christie

Innis Christie Collection

Canadian courts will doubtless have to contend in the future with the tort of intimidation, as constituted by a threat to breach one's own contract, to which the House of Lords has given its blessing in Rookes v Barnard. This case, considered by many to be the most important decision in the area of trade union law since the Taff Vale case, has attracted considerable public attention in England. Much of the comment has emphasized their Lordships' treatment of section 3 of the Trade Disputes Act, 1906, of which there is no Canadian equivalent, but the new basis of …


Conflict Of Laws - Gambling Contract, Valid Where Made, Held Unenforceable By Forum Public Policy (Intercontinenal Hotels Corp. V. Golden, N.Y. 1963), Gerald A. Falbo Jan 1964

Conflict Of Laws - Gambling Contract, Valid Where Made, Held Unenforceable By Forum Public Policy (Intercontinenal Hotels Corp. V. Golden, N.Y. 1963), Gerald A. Falbo

San Diego Law Review

This recent case discusses Intercontinenal Hotels Corp. v. Golden, N.Y. 1963.


Interpretation Of Indemnity Clauses In Construction Contracts - Macon V. Warren Petroleum Corp., Sheila K. Sachs Jan 1964

Interpretation Of Indemnity Clauses In Construction Contracts - Macon V. Warren Petroleum Corp., Sheila K. Sachs

Maryland Law Review

No abstract provided.


Formal And Doctrinal Differences Between Government And Private Contracts, Charles A. Lynch, Edward C. Reading Jan 1964

Formal And Doctrinal Differences Between Government And Private Contracts, Charles A. Lynch, Edward C. Reading

San Diego Law Review

Justice Holmes admonishes us that "men must turn square corners when they deal with the Government." This "Square Corner Doctrine" finds application in the extensive and expanding area of government contracting. This note surveys briefly some ways in which a contract between the United States Government and a private businessman or corporation may be at variance with a contract between private parties based upon common law principles.


Doctrinal Problems Of Fraud Law, Page Keeton Jan 1964

Doctrinal Problems Of Fraud Law, Page Keeton

Cleveland State Law Review

The editorial staff of the Cleveland-Marshall Law Review is to be commended for making and carrying out the decision to publish this symposium issue on Fraud and Misrepresentation. The legal rules and principles related to the general question as to when an alleged misrepresentation will serve as a basis for any kind of relief in favor of the prejudiced party to a bargaining transaction are being constantly adjusted to meet new marketing practices and the ingenuity of mankind either to avoid unfavorable transactions or to induce favorable ones. It can be said without fear of contradiction that both case law …


Compulsory Oil And Gas Unitization: Effect On Overriding Royalty Obligations- A Hypothetical Judgement Of The High Court Of Juristic Review In Peter Fox Brewing Co. V. Sohio Petroleum Co., Maurice H. Merrill Jan 1964

Compulsory Oil And Gas Unitization: Effect On Overriding Royalty Obligations- A Hypothetical Judgement Of The High Court Of Juristic Review In Peter Fox Brewing Co. V. Sohio Petroleum Co., Maurice H. Merrill

Michigan Law Review

Jus, Chief Justice. As should be well known, our practice is to sit in review of decisions presenting elements of difficulty, and concerning the propriety of which there seems reason for doubt. We have no jurisdiction to reverse, to modify, or to affirm. Our judgment must be confined to approval or to disapprobation, or to some position between these two extremes.


Contracts And Sales, Joseph Curtis Jan 1964

Contracts And Sales, Joseph Curtis

Faculty Publications

No abstract provided.


Contracts And Sales, Douglass Boshkoff Jan 1964

Contracts And Sales, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.