Conflict of Laws Commons^™

Book Reviews, Alan R. Bromberg, Albert A. Ehrenzweig, R. W. Fleming, William E. Hogan, David A. Bookstaver, Andrew V. Clements

Journal of Legal Education

No abstract provided.

Book Reviews, Albert S. Abel, Breck P. Mcallister, W. Friedmann, Rex A. Collings Jr., Frank J. Trelease, Elden S. Magaw, Albert A. Ehrenzweig, Reginald Heber Smith, Ilmar Tammelo, Jo Desha Lucas

Journal of Legal Education

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Conflict Of Laws--Effect Of Forum's Statute Of Frauds On Foreign Oral Contract To Bequeath Property, David D. Dowd, Jr. S.Ed.

Michigan Law Review

Plaintiff brought an action in New York for specific performance of an oral agreement allegedly made by testator in Florida not to change his will without plaintiff's consent. Defendant's motions for dismissal of the complaint and summary judgment were dismissed. The appellate division on reargument entered orders reversing the lower court. On plaintiff's appeal to the court of appeals, held, affirmed. The New York Personal Property Law, which states that oral contracts to bequeath property are void, is controlling, regardless of whether this section of the statute of frauds is procedural or substantive. If the section is procedural, the …

Conflict Of Laws - Brokerage Contracts - Out-Of-State Broker Denied Commission Because Of Isolated Acts Within Forum, Richard J. Riordan S.Ed.

Michigan Law Review

Plaintiff was a Massachusetts real estate broker, not licensed to do business in New York. Defendants, who resided in New York, owned real estate in Massachusetts and executed a brokerage contract there with the plaintiff. The real estate was leased to a Massachusetts corporation through plaintiff's efforts. All of plaintiff's services, with the exception of several important conferences in New York, were performed in Massachusetts. On plaintiff's suit for unpaid commissions, held, for defendant. The New York brokerage laws prohibit recovery in a New York court by brokers, unlicensed in New York, who perform any brokerage services within the …

Rationale Of Valuation Of Foreign Money Obligations, Charles Evan

Michigan Law Review

What then should a creditor of a foreign money obligation collect where there was a delay in payment? When are damages for depreciation of foreign money recoverable? As of what time and in what currency are they to be computed? How is the value of a foreign money obligation to be measured where no damages may be had? The answers to these and other incidental questions require a thorough analysis of certain features peculiar to the law of money.

It is the purpose of this article to clarify these problems, to sum up the primary principles by which they are …

Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.

Michigan Law Review

Plaintiff, a citizen of Texas, obtained from the defendant an insurance policy which was written and delivered in Texas. The defendant agreed to pay for any damages to plaintiff's truck caused by fire, but stipulated that any dispute over the amount of the loss should he determined by arbitration proceedings in accordance with the terms of the contract. The truck was damaged by fire in Arkansas and a dispute arose over the amount of the loss. Plaintiff refused to submit the question to arbitration and brought this suit in the Federal District Court for Arkansas. Defendant argued that the action …

The Eclipse Of The Lex Loci Solutionis -- A Fallacy Exploded, J. H.C. Morris

Vanderbilt Law Review

Traditionally, the question what law governs the validity of a contract is the most confused subject in the conflict of laws.' At least four theories have been advocated by writers or adopted by courts, namely that the law of the place of contracting, or the law of the place of performance, or the law intended by the parties, or the law of the country with which the contract has the closest and most real connection, determines the validity of the contract. In England the validity of a contract is governed by the "proper law," which Dicey defines as "the law, …

The Law Of Belligerent Occupation In The American Courts, Morris G. Shanker S.Ed.

Michigan Law Review

This comment will investigate the extent to which the law of belligerent occupation has actually become a part of the American municipal law, and thereby attempt to determine whether it was properly applied in this case.

Conflicts—Statute Of Frauds—Substance Or Procedure, Phyllis J. Hubbard

Buffalo Law Review

Rubin v. Irving Trust Co. et al., __ Misc. __ , 107 N. Y. S. 2d 847 (Sup. Ct. 1951).

Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes

Journal of Legal Education

No abstract provided.

Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School

Summer Institute on International and Comparative Law

The lectures contained in this volume were delivered at Ann Arbor in the course of the sessions of the Summer Institute on International and Comparative Law under the auspices of the University of Michigan Law School, August 5 to 21, 1949. As a part of the institute program that has been inaugurated with the encouraging support not merely of the Faculty of the Law School but also of many interested members of the bar - a program designed to supplement the ordinary course of legal studies through the exploration of "frontiers of the law" in lectures and discussions delivered or …

Conflict Of Laws-Rights Of Innocent Purchaser Of Automobile From Out-Of- State Conditional Sales Vendee [Denkins Motor Co. V. Humphreys, Ky. 1949].

Washington and Lee Law Review

No abstract provided.

Conflict Of Laws-Validity Of A Contract-Application Of Renvoi, R. Lawrence Storms S.Ed.

Michigan Law Review

Plaintiff (British actor, James Mason) and defendant signed an agreement in England contemplating the formation of an American company for producing motion pictures. Plaintiff was to give his exclusive services to the company, and defendant was to make all financial arrangements and generally to manage the company. A dispute arose as to the legal effect of the agreement. Plaintiff won a judgment that the agreement was not a valid contract because of its indefiniteness as to essential terms. On appeal, held, affirmed. Mason v. Rose, (2d Cir. 1949) 176 F. (2d) 486.

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

Michigan Legal Studies Series

Among the multitude of conflicts principles that, according to various claims, should determine the law applicable to all contracts, only two have resisted the test of critical analysis. These, indeed, form an adequate groundwork. First, the freedom of parties to choose the law applicable to their contract must be recognized as a general rule without petty restraint. Second, in the absence of such agreement, a contract should be governed by the law most closely connected with its characteristic feature.

The first proposition is essential to the second. To deny party autonomy means rigid conflicts rules created by some superior authority. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--FULL FAITH AND CREDIT--DOMESTIC SEPARATE MAINTENANCE DECREE SURVIVES FOREIGN DIVORCE

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CONSTITUTIONAL LAW--DUE PROCESS--USE OF PEREMPTORY'CHALLENGE TO EXCLUDE ALL MEMBERS OF ACCUSED'S RACE FROM TRIAL JURY

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CONSTITUTIONAL LAW--FREEDOM OF SPEECH--USE OF AMPLIFICATION DEVICE IN PUBLIC PARK HELD WITHIN CONSTITUTIONAL GUARANTEE

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CONSTITUTIONAL LAW--SEARCHES AND SEIZURES--EVIDENCE OBTAINED WITHOUT SEARCH WARRANT INADMISSIBLE THOUGH SEIZED IN PROCESS OF LAWFUL ARREST

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CONSTITUTIONAL LAW--RACIALLY RESTRICTIVE COVENANTS--JUDICIAL ENFORCEMENT AS STATE ACTION

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CONTRACTS--BROKER'S COMMISSIONS--RIGHT TO RECOVER UNDERDOCTRINE OF SUBSTITUTED PERFORMANCE

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CONTRACTS--COMMERCIAL FRUSTRATION--REQUIREMENT THAT A BASIC PURPOSE OF THE CONTRACT BE FRUSTRATED

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CRIMINAL LAW--CUMULATIVE SENTENCES--EFFECT OF STATE PAROLE UPON COMMENCEMENT OF …

Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.

Michigan Law Review

In an action against an Ohio fraternal benefit society to recover insurance benefits resulting from the death of an insured member, the defense was that the constitution of the society prohibited the bringing of an action on such a claim more than six months after disallowance of the claim. This provision was valid under the statutes and court decisions of Ohio. The statute of limitations of the state of the forum, South Dakota, was six years on contract actions. Another statute of South Dakota declared void every stipulation in a contract limiting the time within which a party may enforce …

The Conflict Of Laws: A Comparative Study. Volume Two. Foreign Corporations: Torts: Contracts In General, Ernst Rabel

Michigan Legal Studies Series

Full application of comparative methods to the law of conflicts requires a working plan of some magnitude. We ought to take stock of the conflicts rules existing in the different countries of the world, state their similarities or dissimilarities, and investigate their purposes and effects. The solutions thus ascertained should moreover be subjected to an estimation of their usefulness, by the standards appropriate to their natural objective. Conflicts rules have to place private life and business relations upon the legal background suitable to satisfactory intercourse among states and nations. They are valuable to the extent that their practical functioning, rather …

Conflict Of Laws Relating To Installment Sales, Robert E. Lee

Michigan Law Review

The most perplexing problem in the field of installment contracts probably occurs when property sold by a title-retaining instrument (conditional sale, chattel mortgage, or bailment lease) in one state is removed to another state where rights of creditors of, or purchasers from, the buyer attach. Inasmuch as the possession of the article has been permitted to be in the buyer, so that outwardly, and with nothing more, he is the apparent owner, the important question arises as to whose rights are higher, the secret owner (the conditional seller, the chattel mortgagee, or the bailor) or the creditor of, or purchaser …

Mutual Insurance Contracts

Indiana Law Journal

Notes and Comments: Conflict of Laws

Conflict Of Laws-Statute Of Frauds As Defense To Enforcement Of Contract Executed In One State And Sued On In Another State. [Illinois]

Washington and Lee Law Review

No abstract provided.

Conflict Of Laws In Regard To Contracts In Field Code States Other Than California, Joseph M. Cormack

Faculty Publications

No abstract provided.

Conflict Of Laws--What Law Governs The Validity Of A Contract In Kentucky, James D. Allen

Kentucky Law Journal

No abstract provided.

California Conflict Of Laws In Regard To Contracts, Joseph M. Cormack

Faculty Publications

No abstract provided.

West Virginia Annotations To The Restatements Of Conflict Of Laws And Contracts

West Virginia Law Review

No abstract provided.

Conflict Of Laws - Contracts - Public Policy

Michigan Law Review

The decedent, in Florida, became the grantee of Florida land by a deed which recited that it was made subject to a mortgage held by one Key, in the sum of $9,000, securing a note for that amount. The deed stipulated that "the grantee herein assumes and agrees to pay the above mortgage and notes." By Florida law the grantee was effectually bound by such a clause. Upon the death of the grantee, Key entered a claim against the estate in Pennsylvania. The lower court disallowed the claim on the basis of a Pennsylvania statute which held a grantee of …

Conflict Of Laws-Damages-Obligation Payable In Russian Rubles

Michigan Law Review

In an action in New York to establish a claim against a Russian insurance company on a policy payable in rubles in Russia, the following history of Russian money appeared. Before the revolution, the gold ruble of the Empire had been supplanted by a paper currency of depreciated value. The Soviets, at the beginning of their regime, instituted a paper currency which had also greatly decreased in value. At the time the policy became due, this latter currency was still circulating, and in addition, a gold coinage with notes redeemable in gold had been established. From time to time the …

Conflict Of Laws-Contracts-Married Woman's Capacity

Michigan Law Review

Defendant, a married woman, domiciled in Idaho, entered into a guaranty contract in California with the plaintiff. In a bankruptcy proceeding brought against her in the district court for Idaho, she denied the validity of the obligation because it was not within the exceptions in Idaho law to the common law disability of a married woman to contract. Under California law the contract was valid. The agreement stipulated that it should be construed according to California law. Held, the capacity of the defendant to enter into the contract is governed by the law of California, the place where it …

Conflict Of Laws--Contracts--Excuses For Non-Performance

Michigan Law Review

Libellant sought to recover on a contract made in Duluth for the shipment of grain by defendant from Duluth to Montreal. The grain was reshipped by defendant at Port Colbourne, Ontario, and was sunk in the St. Lawrence River. Canadian Water Carrier of Goods Act, sec. 6 (9-10 Edw. VII, c. 81), provides that if the owner of any ship carrying merchandise from any port in Canada exercises due diligence to make the ship in all respects seaworthy and properly manned, neither the ship, owner, agent, nor charterer shall be liable for faults in navigation. The court held defendant was …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.