Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 13 of 13
Full-Text Articles in Law
Donations - Testaments - Captation Under Article 1492, Anthony J. Correro Iii
Donations - Testaments - Captation Under Article 1492, Anthony J. Correro Iii
Louisiana Law Review
No abstract provided.
Donations - Capacity Of United States Government To Accept Donations Mortis Causa Under Louisiana Law, Charles G. Gladney
Donations - Capacity Of United States Government To Accept Donations Mortis Causa Under Louisiana Law, Charles G. Gladney
Louisiana Law Review
No abstract provided.
Government Contracts-Judicial Review Under Disputes Clause, Amos J. Coffman Jr.
Government Contracts-Judicial Review Under Disputes Clause, Amos J. Coffman Jr.
Michigan Law Review
In a factual dispute arising under a standard government construction contract, the contractor followed the procedures required by the disputes clause. The contractor, after its claim was denied by the contracting officer, appealed to the Board of Claims and Appeals of the Corps of Engineers. The Board rejected the claim, and the contractor brought suit in the Court of Claims, alleging, in the words of the Wunderlich Act, that the Board's decision was "capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, or was not supported by substantial evidence." Over the Government's objection, a commissioner of …
New And Comprehensive Duties Of Securities Sellers To Investigate, Disclose, And Have An "Adequate Basis" For Representations, Willoughby C. Johnson
New And Comprehensive Duties Of Securities Sellers To Investigate, Disclose, And Have An "Adequate Basis" For Representations, Willoughby C. Johnson
Michigan Law Review
The duties of investigation and disclosure imposed upon securities salesmen have been significantly enlarged by several recent cases generated by the Second Circuit's 1963 decision of Berko v. SEC. In a hearing before the Securities and Exchange Commission it was found that Berko was a salesman working out of an acknowledged "boiler room." His employer had provided its salesmen, including Berko, with fraudulent sales brochures, some of which were subsequently distributed by Berko. The action by the Commission against Berko arose out of the sale of a specific security to a customer who had received fraudulent sales brochures and …
Current Problems In Securities Regulation, Robert N. Dorosin, Ira J. Jaffe, Rolfe A. Worden, James C. Lockwood, Willoughby C. Johnson
Current Problems In Securities Regulation, Robert N. Dorosin, Ira J. Jaffe, Rolfe A. Worden, James C. Lockwood, Willoughby C. Johnson
Michigan Law Review
This comment analyzes four areas of central significance to adequate protection for the investor: (1) qualifications of those in the securities industry who deal with the public; (2) dissemination of corporate publicity; (3) dissemination of investment advice; and (4) selling practices in the securities industry. The findings and recommendations of the Special Study are given special attention insofar as they bear upon the problems covered. In certain areas, however, recent developments in court and Commission decisions have brought about changes equally as significant as the findings and recommendations of the Special Study. Thus each section covers the background and recent …
A Reappraisal Of The Role Of Disclosure, Robert L. Knauss
A Reappraisal Of The Role Of Disclosure, Robert L. Knauss
Michigan Law Review
The objective of this paper is to assess the current role of disclosure in its various aspects in security regulation. Following a brief description of the current uses of disclosure in securities regulation, there are separate sections describing and evaluating (1) the obligation of disclosure imposed on issuers at the initial sale of securities, (2) the obligation of disclosure resting on issuers if they have securities which are traded, and (3) obligations of disclosure imposed on parties in the securities business other than issuers. This last section includes obligations of insiders, broker-dealers, and investment advisers, as well as duties of …
Fraud In Realty Transactions, David S. Lake
Fraud In Realty Transactions, David S. Lake
Cleveland State Law Review
In real estate transactions, the law will protect the innocent, unwary, and sometimes stupid, buyer from fraud, misrepresentation and deceit. This article presents a summary of that law, categorized according to the specific matter misrepresented (i.e., misrepresentations of value, income, size or quantity, and condition or quality).
Economic Problems Of Fraud Law, Robert A. Leflar
Economic Problems Of Fraud Law, Robert A. Leflar
Cleveland State Law Review
Whether fraud has changed or not, the economic society in which it occurs has changed, and ethical standards which prevailed a millennium or even a generation ago will not maintain the vaunted efficiency of today's complex commercial and industrial organization.
Damages In Fraud Actions, Howard M. Rossen, Howard H. Fairweather
Damages In Fraud Actions, Howard M. Rossen, Howard H. Fairweather
Cleveland State Law Review
Two distinct legal theories have been developed in determining the amount of damages to be awarded in an action for fraud and deceit. The majority view is the "benefit-of-the-bargain" rule (also known as the "warranty rule"), and the minority view is known as the "tort rule" (or more commonly, the "out-of-pocket" rule). Both rules have limited use. In Hines v. Brode the California court made it clear that the two rules should be applied only where a contract is fully executed or where the plaintiff stands on his contract and has not rescinded it. The rationale behind this holding is …
Negligent Misrepresentation: Fraud Or Negligence, June W. Wiener
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.
Doctrinal Problems Of Fraud Law, Page Keeton
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 …
Bad Checks For The Price Of Goods, William E. Mccurdy
Bad Checks For The Price Of Goods, William E. Mccurdy
Cleveland State Law Review
A seller receives a check from the buyer for the price of goods. When presented to the bank on which it was drawn, payment is refused. The buyer may, or may not, have had sufficient funds on deposit at the time the check was drawn, but insufficient when refused now although becoming sufficient immediately after the check was presented. Or the buyer may have known or have had reason to know that there would be insufficient funds to meet the check. Or the buyer never had an account at the bank. Or the one obtaining the goods may give a …