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Full-Text Articles in Law
Contractual Control Over Adjective Law, Nathan Isaacs
Contractual Control Over Adjective Law, Nathan Isaacs
West Virginia Law Review
Adjective law, it is generally assumed, is a matter for the courts. The only reference to any attempt to control questions of practice and procedure contained in the ordinary treatises on contract law comes under the general proposition that it is against public policy and therefore beyond the power of contracting parties to interfere with the ordinary course of justice. To this proposition there are, of course, exceptions. But the authors generally do not feel called upon systematically to present these exceptions so as to inform the draftsman of a contract just exactly what, if anything, can be done towards …
Ultra Vires Transactions, James L. Parks
Ultra Vires Transactions, James L. Parks
University of Missouri Bulletin Law Series
It used to be commonly said that if a private corporation made a contract which the legislature, creating it, expressly or impliedly prohibited it to make, all courts would be bound to treat such agreement as "illegal and therefore wholly void." This statement probably accurately expresses the orthodox attitude of courts with respect to ultra vires contracts. In some cases the same proposition, stands today, but often it has been unsatisfactory in its application, and for this reason has been relaxed in many instances to a considerable degree. The problem of giving relief upon or enforcing ultra vires agreements of …
Contracts For Benefit Of Third Parties--Right Of Beneficiary To Sue In West Virginia, M. T. V.
Contracts For Benefit Of Third Parties--Right Of Beneficiary To Sue In West Virginia, M. T. V.
West Virginia Law Review
No abstract provided.
Recoupment--Set-Off-And Counterclaim, C. R. S.
Recoupment--Set-Off-And Counterclaim, C. R. S.
West Virginia Law Review
No abstract provided.