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Articles 301 - 328 of 328
Full-Text Articles in Common Law
Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff
Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff
Michigan Law Review
In speaking of statutory law in the common law courts, lawyers have ascribed to it a limiting office, namely, that of interference with the parties' freedom to act and transact at their pleasure. A closer consideration shows them that the function of statutory law varies not only with the legal system to which it belongs, but also with the structural changes within a single legal system.
Joint Tenancy-Effect Of Word "Jointly"-Parol Evidence As To Intent
Joint Tenancy-Effect Of Word "Jointly"-Parol Evidence As To Intent
Michigan Law Review
The common law rule was well settled that a conveyance to two or more, not husband and wife, made them joint tenants, not tenants in common, unless language was used to show an intent that they were not to be joint tenants. The reason for such a rule having passed, the modern rule is to the opposite effect-two or more conveyees, with certain exceptions, are presumptively tenants in common. The Illinois statute, for example, declares that "no estate in joint tenancy in any lands ... shall be held or claimed under any grant . . . unless the premises therein …
Contracts - Arbitration And Award -Validity At Common Law Of Proceedings Void Under Arbitration Statutes, Edward H. Schlaudt
Contracts - Arbitration And Award -Validity At Common Law Of Proceedings Void Under Arbitration Statutes, Edward H. Schlaudt
Michigan Law Review
Defendant contracted with plaintiff to grade an athletic field. The contract required all questions subject to arbitration thereunder to be submitted to statutory arbitration at the choice of either party. A dispute arose and at the plaintiff's demand three arbitrators were selected as provided in the contract. Plaintiff sued to collect an award granted in his favor. Defendant objected that both the contract of submission and the proceedings fell far short of the statutory requirements. Held, though the parties agreed to arbitrate under the statute, the proceedings pursuant to the contract fell so far short of statutory requirements that …
Marriage And Divorce - Power Of Court To Modify Decree For Alimony Or Property Settlement As Affected By Agreement Of The Parties, Roy L. Rogers
Marriage And Divorce - Power Of Court To Modify Decree For Alimony Or Property Settlement As Affected By Agreement Of The Parties, Roy L. Rogers
Michigan Law Review
Contracts settling the property interests of a husband and wife or providing for support of the wife or for both of these ends are no doubt valid in all jurisdictions where the parties may contract with each other if the purpose is not to facilitate divorce or future separation. Even at common law, separation agreements could be made, however, through the intervention of a trustee. If not invalid, the contract may ordinarily be enforced in an action on the promise. But, when a divorce is decreed, it is quite often the practice to incorporate in the divorce decree the provisions …
Gratuitous Promises-A New Writ?, Warren L. Shattuck
Gratuitous Promises-A New Writ?, Warren L. Shattuck
Michigan Law Review
Under the early common law, the fact situations which presented actionable wrongs were limited in number and stereotyped into various writs which issued from the Lord Chancellor. Only as new writs were devised by him was it possible for new fact situations to achieve the dignity of justiciability and so raise legal rights and duties. But with the liberalization of pleading the recognition of new legal rights and duties became a judicial function. In consequence, the constant struggle of new fact patterns for a place in the law is now principally waged before the courts. In this struggle some fail, …
State Farm Mutual Automobile Insurance Company V. Marie H. Justis
State Farm Mutual Automobile Insurance Company V. Marie H. Justis
Virginia Supreme Court Records, Volume 168
Supreme Court of Appeals of Virginia at Richmond
Contracts - Champerty
Michigan Law Review
Plaintiff leased her lands to defendant under a void oil and gas lease. One Johnston induced plaintiff to enter into a contract with him whereby Johnston agreed to pay the costs of a bill to cancel the lease in return for a new lease to himself should the bill be successful. Accordingly, this suit was brought to cancel the lease. The court, agreeing that the existing lease was void, nevertheless dismissed the bill on the ground that the contract between Johnston and plaintiff was void as against public policy, and that plaintiff had no standing in equity. Of the eight …
Effect Of A Restriction On Assignment In A Contract, Grover C. Grismore
Effect Of A Restriction On Assignment In A Contract, Grover C. Grismore
Michigan Law Review
The early common law took a strictly logical view in regard to the assignability of contract rights and duties. Since a contract is essentially a personal relationship voluntarily entered into by the parties to it, it follows as a logical deduction that one of the parties should not be allowed to destroy that relationship by introducing a third person into it in his place without the consent of the other party. This was the view of the early common law. However, in the course of time, as we know, the commercial spirit gradually made inroads into this doctrine until we …
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Michigan Law Review
The pleading rules concerning joinder and splitting of causes of action are complements of each other, though designed to achieve different objectives. The joinder rule is that separate causes cannot be "joined" or pleaded in the same suit unless they fall within one of the classes of permissible joinder specified in the codes. The purpose of the rule is to prevent too wide a field of litigation and too diverse issues in a single suit and thus to avoid a case of undue confusion and complexity. The rule against splitting is that a single cause shall not be "split" or …
New Types Of Negotiable Paper
Michigan Law Review
Admirers of the common law are prone to point with pride to its adaptability to meet changing conditions. In codification the tendency toward rigidity would seem to be almost inevitable, particularly in so far as there is an indulgence in attempts at definition. The Uniform Negotiable Instruments Law affords examples of the price to be paid in departing from the ready elasticity of the common law.
Contracts--Modern Rules As To Past Consideration Furnished At Request
Contracts--Modern Rules As To Past Consideration Furnished At Request
Michigan Law Review
Very early in the history of contract law it was recognized that goods delivered or services rendered in the past could not furnish valid consideration for a present promise, for there was no quid pro quo, no element of exchange. But the equities in favor of the promisee in such cases, in view of the fact that assumpsit would lie only on an express promise, were frequently so strong that in 1615 we find an exception created. Lampleigh v. Brathwait, Hobart 105, held, that if the past services or goods had been furnished at request, the present promise …
What Is Consideration In The Anglo-American Law Of Contracts?, Hugh Evander Willis
What Is Consideration In The Anglo-American Law Of Contracts?, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …
Mutuality In Specific Performance, Edgar N. Durfee
Mutuality In Specific Performance, Edgar N. Durfee
Articles
Prior to the present century, the subject of mutuality in specific performance was an unsolved puzzle. The decisions of the courts were in the main wise, but the attempts both of courts and text writers to formulate a statement of the principle governing these decisions were far from happy. After two centuries of litigation and discussion, the current formula was that the remedy must be mutual, must be equally available to both parties. The worst fault of this formula was its plausibility. Equality is equity, and perfect equality between the parties to a contract is not attained unless remedies are …
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Michigan Law Review
Including (a) Warranty of Title, and (b) Warranty of Quality. Perhaps the most primitive commercial transaction affecting legal rights was the executed barter; in a more 'advanced state when money had been introduced, the executed sale.
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Michigan Law Review
The several forms of contract will be taken up in the following order: I. the Surety Contract, including (a) the creditor's rights against the debtor, (b) the creditor's rights to sue the surety, and (c) the surety's right of reimbursement; 2. the Warranty Contracts, including (a) warranty of title, and (b) warranty of quality; 3. the Contract of Court Record; 4. the Coitract of Plighted Faith; 5. the Pledge Contract; 6. the' "Delivery-Promise"; 7. the Written Contract; and 8. the "Earnest" Contract.
The 'Right' To Break A Contract, Willard T. Barbour
The 'Right' To Break A Contract, Willard T. Barbour
Articles
It is common knowledge that the fully developed common law affords no means to compel the performance of a contract according to its terms. Does it follow from this that there is no legal obligation to perform a contract, or if obligation there be, that it is alternative: to perform or pay damages? A note in the XIV MICH. L. REV. 480 appears to give an affirmative answer to this question and at least one court (Frye v. Hubbell, 74 N. H. 358, at p. 374) has taken the same view. Probably the most forcible exposition of this position is …
The 'Right' To Break A Contract, Willard T. Barbour
The 'Right' To Break A Contract, Willard T. Barbour
Articles
It is common knowledge that the fully developed common law affords no means to compel the performance of a contract according to its terms. Does it follow from this that there is no legal obligation to perform a contract, or if obligation there be, that it is alternative: to perform or pay damages? A note in the XIV MICH. L. REV. 480 appears to give an affirmative answer to this question and at least one court (Frye v. Hubbell, 74 N. H. 358, at p. 374) has taken the same view. Probably the most forcible exposition of this position is …
Anomalous Growth Of The Common Law -- The Anglo-American Quest For Justice, Hugh Evander Willis
Anomalous Growth Of The Common Law -- The Anglo-American Quest For Justice, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Revocability Of Licenses - The Rule Of Wood V. Leadbitter, Ralph W. Aigler
Revocability Of Licenses - The Rule Of Wood V. Leadbitter, Ralph W. Aigler
Articles
That a mere license purporting to create in the licensee a new right or privilege is revocable at law at the will of the licensor seems to have been definitely settled in England by Wood v. Leadbitter, 13 M. & W. 838 (1845). It was there held that the plaintiff who had entered the close of the defendant's master after the purchase of a proper ticket could be forcibly ousted, notice having been first given that he should leave. The only remedy open to the ousted ticket holder-in law at least-no excessive violence1 having been used, is to sue for …
The History Of Contract In Early English Equity, W. T. Barbour
The History Of Contract In Early English Equity, W. T. Barbour
Books
“Mr. Barbour’s contribution to the Studies is an attempt to characterize with some precision and detail the functions of the Chancery in the fifteenth century. The court was gradually differentiated from the King’s Council, and the writs of Edward III’s time calling on persons to appear under penalty of a fine or imprisonment (subpoena), and other special injunctions, was generally framed in terms which leave it undecided whether proceedings were to be taken by the King’s Council, or by the Council under the chairmanship of the Chancellor himself with or without the aid of assessors. By the time of Richard …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignment for Creditors--Validity of Common Law Assignment Under State Statutes--Assignee May Maintain Replevin; Bills and Notes--Fraud--Ability to Read; Bills and Notes--Signature by Agent or Representative--Personal Liability; Boundaries--Meander Line as Boundary in Government Grants--Mistake in Survey; Carriers--Liability as Carriers of Live Stock; Contracts--Antenuptial Agreements--Performance Prevented by Party; Courts--Supreme Court--Review of Decisions of State Courts; Courts--United States Courts Enjoining Proceedings in State Courts--establishment of Railroad Rates by Commission; Criminal Law--Larceny--Fraudulent Use of Legal Process; Criminal Law--Reception of Verdict--Accused's Right to be Present; Dead Bodies--Power of Court to Order Exhumation to Procure Evidence; Evidence--Burden of Proof; Evidence--compelling Accused to Criminate Himself--Waiver of Privilege; …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Banks--Equity--Insolvency--Preference of Creditors; Banks--Special or General Deposit; Constitutional law--Due Process of Law; Constitutional Law--Right of Property; Contract--Liability for Breach in Discharge of a Professor; Corporations--Liability of Directors for Excessive Indebtedness; Criminal Law--Larceny Distinguished from False Pretenses; Criminal Law--Remarks of District Attorney--Appeals to Race Prejudice; Damages--Proper Averment in an Action for Deceit in the Sale of Realty; Easement--Right of Way--Immemorial Custom--Easements Appurtenant; Elections--Constitutionality of Law Changing Date--Holding Over; Evidence--Personal Injury--Physical Examination of Plaintiff; Evidence--Physical Examination of Accused; Evidence--Privileged Communication--County Attorney; Execution--Premature--Collateral Attack; Foreign Corporations--Service of Process on Officer; Homestead--Oral Contract for Conveyance--Specific Performance; Husband and Wife--Liability of Husband for the Support …
Consideration V Causa In Roman-American Law, Joseph H. Drake
Consideration V Causa In Roman-American Law, Joseph H. Drake
Michigan Law Review
In the case of Mtembre v. Webster, decided recently (19o4) in the Supreme Court of Cape Colony, South Africa, the court (De VILLIERS, J.) says that the causa of Roman-Dutch Law* (oorsaak-German Ursache) has become for all practical purposes equivalent to the valuable consideration of the Common Law., The court says further, 'I can not find that in practice any gratuitous promises except donations-as to which there are especial rules were ever enforced by law.' Sir Frederick Pollock in commenting on this case says, "The power of the Common Law to impose its conceptions on foreign systems when opportunities occur …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Banks, National--Stockholders' Liability--Statute of Limitations; Bills and Notes--Indorsements Procured by Fraud; Carriers--Drover's pass--Release from Liability; Carriers--Unreasonable Freight Rates--Interstate Commerce Act--Common Law Remedy; Chattel Mortgages--Failure to Record--Mortgagor in Possession--Estoppel; Connecting Carriers--Loss of Goods--Liability; Constitutional Law--Civil Rights--Discrimination in Licenses; Constitutional Law--Eight Hour Law--Police Power--Health Regulations; Corporations--Duplicate Stock Certificate--Indemnity; Corporations--Subscription to Stock--Liability of Subscriber; Equity--Specific Performance--Contract to Make Will; Evidence--Physicians of conflicting Schools--Competency as Witnesses; Evidence--Radiograph--X-ray; Garnishment--One Railroad as Debtor of Another; Husband and Wife--Application of Doctrine of Tenancy by Entireties to Personality; Husband and Wife--Indebtedness to Wife--Notes--Presumption of Payment; Judgment--Default--appearance; Libel--Publishing of a White Man that He is "Colored"; Master and Servant--Concurrent …
Freedom Of Contract, Jerome C. Knowlton
Freedom Of Contract, Jerome C. Knowlton
Articles
The liberty mentioned in the Fourteenth Amendment of the Federal Constitution "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary …
Outlines Of The Law Of Bailments And Carriers, Edwin C. Goddard
Outlines Of The Law Of Bailments And Carriers, Edwin C. Goddard
Books
The Outlines of Bailments and Carriers form part of a complete work on that subject intended for the use of classes in law schools. The other part, which is nearly ready for publication, consists of select cases illustrating and amplifying principles stated in the Outlines. It is the purpose of the Outlines not only to state the foundation principles of the subject, but to put these in orderly and consecutive form in order that the student may have an opportunity to see the subject as a whole. It is believed that any study of the cases without some such connected …
The Liability Of The Custodian Of Public Funds Lost Without His Fault, Gustav Stein
The Liability Of The Custodian Of Public Funds Lost Without His Fault, Gustav Stein
Michigan Law Review
In a work on Public Offices and Officers, the writer characterizes the question of the liability of an officer and his sureties for loss of public funds by the officer without default on his part, as ''of great interest and importance, but one upon which the authorities are in conflict." Since the publication of that work in 1890, a con siderable number of cases has arisen continuing the conflict, and llustrating its importance. It is proposed in this article, to state the views entertained by the courts, the extent to which they have been applied, the reasons advanced to support …