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Articles 331 - 360 of 378
Full-Text Articles in Commercial Law
Sales - Privity - Disclaimer Of Implied Warranty, Richard W. Odgers
Sales - Privity - Disclaimer Of Implied Warranty, Richard W. Odgers
Michigan Law Review
Husband purchased a new automobile from a dealer. The contract of sale contained on its reverse side an express warranty from the manufacturer to the "original purchaser" providing for the replacement of any parts which were returned to the manufacturer and were in its judgment defective. The warranty was " ... expressly in lieu of all other warranties expressed or implied .... " The dealer warranty was substantially identical to that extended by the manufacturer; both adhered to the form prescribed by the Automobile Manufacturer's Association. Shortly after the delivery of the automobile, wife was injured in a collision caused …
Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.
Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.
Michigan Law Review
Plaintiff sustained injuries in the course of his employment when a defective abrasive wheel, while being used in its intended manner, exploded in his face. The abrasive wheel was purchased by plaintiff's employer directly from the manufacturer. Plaintiff sought recovery from the manufacturer on two grounds: negligence in the manufacture of the abrasive wheel and breach of implied warranty for fitness of purpose. The negligence issue was submitted to the jury, which returned a verdict adverse to the plaintiff. The manufacturer's demurrer to the cause of action based upon implied warranty was sustained by the trial court. On appeal from …
Abstracts Of Recent Cases, M. D. W. Jr.
Abstracts Of Recent Cases, M. D. W. Jr.
West Virginia Law Review
No abstract provided.
Negligence - Duty Of Care - Manufacturer's Duty To Warn Of Obvious Dangers, George R. Haydon Jr.
Negligence - Duty Of Care - Manufacturer's Duty To Warn Of Obvious Dangers, George R. Haydon Jr.
Michigan Law Review
Plaintiff purchased a "Lithe-Line" exerciser, a rubber rope forty inches long with a loop on each end, manufactured by defendant Helena Rubenstein, Inc. With the exerciser plaintiff received a leaflet of instructions stating that "anybody" could reduce with it, and containing sketches and descriptions of eight exercises. While plaintiff was lying on the floor with the rope under her feet doing one of the exercises, the rope slipped off her feet and snapped back, hitting her in the eye and causing partial loss of vision. She sued the manufacturer for negligence, alleging that the exerciser was inherently dangerous when used …
Contracts -- 1957 Tennessee Survey, Paul J. Hartman
Contracts -- 1957 Tennessee Survey, Paul J. Hartman
Vanderbilt Law Review
Breach of contract to publish advertisement--certainty of lost anticipated profits--nominal damages: The rule of "certainty" with respect to awarding damages for a breach of contract is simply a standard requiring a reasonable degree of persuasiveness in the proof of the fact of damage and of the amount of damage.' Through the use of the standard of certainty, the court is enabled to insist that the jury must have factual data--something more than guesswork--to guide themin fixing the award. Loss of commercial profits, claimed as damages for breach of contract, has become the principal field for the application of the standard …
Regulation Of Business - Robinson-Patman Act - Injury To Competition Between Buyers Of Auto Parts, A. Duncan Whitaker S.Ed.
Regulation Of Business - Robinson-Patman Act - Injury To Competition Between Buyers Of Auto Parts, A. Duncan Whitaker S.Ed.
Michigan Law Review
Petitioner manufactured and sold automobile parts to distributors who resold them to jobbers in interstate commerce. The products were classified into three lines: leaf spring line, coil action line, and piston ring line. A progressive, cumulative discount was given in each line, based upon the aggregate yearly purchases of either a single buyer or a group-buying organization. The Federal Trade Commission charged petitioner with price discrimination in violation of the Robinson-Patman Act. Every customer who testified at the hearing denied that he had been injured competitively by the petitioner's pricing practices. Nevertheless, in view of the substantial price differentials, the …
Sales - Contributory Negligence - Use As A Defense In Action For Breach Of Implied Warranty, Thomas S. Erickson
Sales - Contributory Negligence - Use As A Defense In Action For Breach Of Implied Warranty, Thomas S. Erickson
Michigan Law Review
Defendant installed an oil burner in plaintiff's apartment building. The burner failed to function properly and exploded two months after installation. There was no evidence that the furnace was repaired subsequent to the explosion. Plaintiff continued to use the furnace for four years until a second explosion caused considerable damage to the building. Upon inspection, the cause of the explosions was found to be a defective system of heating and piping the oil. Plaintiff brought this action for breach of implied warranty to install the furnace in a good and workmanlike manner and recovered consequential damages. On appeal, held, …
Torts - Liability Of Supplier Of Chattel - Proof Of Manufacturer's Negligence, Whitmore Gray
Torts - Liability Of Supplier Of Chattel - Proof Of Manufacturer's Negligence, Whitmore Gray
Michigan Law Review
Plaintiff service station operator brought an action to recover for injuries resulting from the explosion of one of defendant manufacturer's tires. The tire, while admittedly new, had been purchased by a third party some eighteen months before being brought to the plaintiff for mounting. In addition to his own testimony, the only evidence supporting plaintiff's claim of negligence was expert testimony that such an explosion could be caused by defective wire in the bead when a tire was inflated to normal pressure, and also that there was opportunity for negligence in defendant's manufacturing processes. The district court set aside the …
Sales - Conditional Sales - Punitive Damages For Forcible Repossession Of Chattel, William G. Cloon, Jr. S.Ed.
Sales - Conditional Sales - Punitive Damages For Forcible Repossession Of Chattel, William G. Cloon, Jr. S.Ed.
Michigan Law Review
Plaintiff purchased a truck under a conditional sales contract which was assigned to the defendant finance company. He drove the truck to the place of business of the defendant to adjust differences between the two parties, but when he attempted to leave after no agreement had been reached, he discovered that the keys had been removed from the truck. When informed that the truck had been repossessed, the plaintiff produced another set of keys but was unable to leave with the truck. The testimony of the plaintiff that an agent of the defendant seized his hand to prevent the unlocking …
Book Reviews, Robert L. Hale, John P. Dawson, Monrad G. Paulsen, William R. Roalfe, John C. Payne, Maxwell Cohen, L. C. B. Gower, John S. Bradway, Paul Sayre, Herbert A. Berman, James S. Savage, Joseph Dainow, Edwin P. Friedberg, Edwin J. Hadd, Kenneth L. Black, H. W. Hannah, Dix W. Noel, Robert F. Koretz, Heinrich Kronstein
Book Reviews, Robert L. Hale, John P. Dawson, Monrad G. Paulsen, William R. Roalfe, John C. Payne, Maxwell Cohen, L. C. B. Gower, John S. Bradway, Paul Sayre, Herbert A. Berman, James S. Savage, Joseph Dainow, Edwin P. Friedberg, Edwin J. Hadd, Kenneth L. Black, H. W. Hannah, Dix W. Noel, Robert F. Koretz, Heinrich Kronstein
Journal of Legal Education
No abstract provided.
Book Reviews, Henry H. Foster Jr., John Honnold, Robert Braucher, Laurence M. Jones, Robert R. Wilson, Norman D. Lattin, Paul W. Bruton
Book Reviews, Henry H. Foster Jr., John Honnold, Robert Braucher, Laurence M. Jones, Robert R. Wilson, Norman D. Lattin, Paul W. Bruton
Journal of Legal Education
No abstract provided.
Sales-Right Of Sub-Vendee To Recover From Manufacturer For Property Damage Caused By Defective Goods [Jordon V. Brouwer, Ohio 1949]
Washington and Lee Law Review
No abstract provided.
Liability Of A Business Proprietor For Attraction Of Crowds
Liability Of A Business Proprietor For Attraction Of Crowds
Indiana Law Journal
Recent Cases: Torts
Torts-Liability Of Hotel Keeper For Refusing Dining Service To Person Not Lodging In Hotel. [Virginia]
Washington and Lee Law Review
No abstract provided.
Torts - Negligence - Liability Of Manufacturer To Remote Vendee, William H. Buchanan S.Ed.
Torts - Negligence - Liability Of Manufacturer To Remote Vendee, William H. Buchanan S.Ed.
Michigan Law Review
Plaintiff purchased at a retail shop some perfume manufactured by defendant. Plaintiff suffered a second-degree burn when she applied the perfume to her skin, and brought suit against the manufacturer. The lower court entered a judgment for the defendant after the jury had brought in a verdict for the plaintiff. Held, reversed, and lower court ordered to render its judgment in favor of plaintiff upon verdict returned by jury; the manufacturer was liable for negligence to the plaintiff even though there was no privity of contract between them. Carter v. Yardley & Co., Limited, (Mass. 1946) 64 N.E. …
Tort Liability Of Suppliers Of Defective Chattels, Paul A. Leidy
Tort Liability Of Suppliers Of Defective Chattels, Paul A. Leidy
Michigan Law Review
A recent case decided by the Supreme Court of Pennsylvania and a recent article appearing in the University of Pennsylvania Law Review have served to focus attention upon the interesting problem of the liability, on other than warranty principles, of the vendor of a defective chattel. Because of the line of attack taken in the dissenting opinion and in the article, attention is directed, specifically, to the vendor's duty of inspection and, incidentally, to the liability of the manufacturer of a defective article, the reasons for that liability, and the question: Are the situations of the actual maker and the …
Torts - Liability Of Manufacturer Or Supplier Of Defective Chattel - Limitation According To Type Of Harm, Michigan Law Review
Torts - Liability Of Manufacturer Or Supplier Of Defective Chattel - Limitation According To Type Of Harm, Michigan Law Review
Michigan Law Review
Defendant manufactured a type of building lath which was represented to the trade as "practical and satisfactory" and as "a sufficient and superior base for plaster on walls and ceilings in building construction." These laths were sold through another defendant, a supply company, to the plaintiffs, who were builders and owners. The laths were defectively constructed and would not retain plaster after installation. Consequently, the plaintiffs were compelled to remove the plaster and to purchase and install different laths at a high expense. Plaintiffs sued both the manufacturer and the supplier for the damages sustained. Held, a motion for …
Sales - Implied Warranty By Victualler, Michigan Law Review
Sales - Implied Warranty By Victualler, Michigan Law Review
Michigan Law Review
Plaintiff purchased a meal at defendant's restaurant, in connection with which he was served contaminated drinking water obtained from defendant's well; he became ill from drinking the water. Plaintiff sued on the theory of implied warranty by defendant of the fitness of the water sold under the Uniform Sales Act, and on the ground that the service of the contaminated water in violation of the Ohio Pure Food Law constituted negligence by defendant. Held, plaintiff may recover on either theory. Yochem v. Gloria, Inc., 134 Ohio St. 427, 17 N. E. (2d) 731 (1938).
Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy
Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy
Michigan Law Review
Plaintiff purchased cigars from a retail merchant. The cigars were sold under a trade name and when purchased from a wholesaler by the retailer were wrapped in cellophane, and were sold to the plaintiff while still in the original wrapper. One of the cigars contained a firecracker, which exploded when plaintiff lighted the cigar, causing substantial injury. Held, that the plaintiff can recover from the retailer. Dow Drug Co. v. Nieman, 57 Ohio App. 190, 13 N. E. (2d) 130 (1936).
Manufacturer's Liability For Injuries Caused By His Products: Defective Automobiles, Lester W. Feezer
Manufacturer's Liability For Injuries Caused By His Products: Defective Automobiles, Lester W. Feezer
Michigan Law Review
When a manufactured article fails to meet the reasonable expectations of the purchaser-user and in consequence he suffers personal injury or property damage, is the manufacturer responsible? When the user purchases from the manufacturer, so that there is privity of contract and the formulated concepts of sales and warranty law are available, we have a relatively simple situation which it is not the primary purpose of this paper to discuss. The common-law concepts for dealing with such problems seem to have been formulated in times when this privity element was usually present, and it is therefore not a matter of …
Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold
Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold
Michigan Law Review
Defendant transferred a piano to plaintiff under a conditional sales contract retaining the right in case of any default in payment "to peacefully or forcibly, and without process of law, enter the premises where said property is . . . and to take . . . possession thereof." Plaintiff de-faulted in payment. Employees of defendant, entering the house of plaintiff in his absence and without notice, removed the piano. Held, plaintiff may not recover for a conversion, but may recover for a breaking and entering whether defendant's agents broke into the house with actual force, or mere technical force, …
Sales - Implied Warranty Of Fitness - Restaurateur
Sales - Implied Warranty Of Fitness - Restaurateur
Michigan Law Review
Defendant, proprietor of a hotel and dining room, served unwholesome food to the plaintiff who became ill as a result of its impurity. The plaintiff sued for the damages resulting from his illness, on the theory that there was an implied warranty that the food was fit for human consumption. Held, the serving of food for immediate consumption on the premises was not a "sale" within the Uniform Sales Act, and therefore there was no warranty attached under the terms of the Act, and there was no implied warranty of fitness of food so served at common law. Lynch …
Sales-Breach Of Implied Warranty-Liability For Death
Sales-Breach Of Implied Warranty-Liability For Death
Michigan Law Review
The daughter of plaintiff's decedent purchased; from defendant retailer, a can of corned beef packed by a foreign concern for defendant packer. The latter's name and trademark appeared upon the can. Decedent, while eating some of the meat, swallowed a small piece of tin which apparently became detached from the can itself and became imbedded in the contents. Death followed the injury to decedent's esophagus, and an action was brought by the administrator against the retailer for breach of implied warranty, and against the packer for negligence. The trial court permitted a recovery against the retailer for damages accruing up …
Carriers-Liability For Loss Of Goods-Connecting Carriers In Foreign Commerce
Carriers-Liability For Loss Of Goods-Connecting Carriers In Foreign Commerce
Michigan Law Review
A box of furs, shipped from London, England, to New York City, U. S. A., over the line of the defendant navigation company, was delivered to the defendant trucking company at the order of the United States because the duties had not been paid. The trucking company delivered it to the defendant warehouse where it remained a week before being moved by the same trucking company to the United States Appraisal Stores. Here it was discovered that some of the furs had been stolen from the box. Held, the defendant navigation company was not liable as initial carrier under …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
No abstract provided.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …