Contracts Commons^™

A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans

Michigan Law Review

The problem of the survival of actions after death of one of the parties is unfortunately not merely a mater of history. Like the poor, it is always with us. We can no longer profitably wave aside the problems likely to be presented by a comparative study of American legislation on survival by stating that our legislation covers the same general field as do the English statutes of 4 Edward III and 3 and 4 William IV and others of less importance. There is a need for an outline of these American statutes and for a rationalization of the principles …

Infants-Liability On Tort Arising Out Of Contract

Michigan Law Review

Plaintiff was the assignee of a conditional sales contract for an automobile purchased by defendant, a minor. The contract contained a provision that the car should not be used in connection with any violation of any state or federal law. The defendant was apprehended by federal officers while using the car for the illegal transportation of liquor. The car was seized and later forfeited, and the plaintiff brought a tort action for the conversion of the car. Held, the infancy of the conditional buyer was no defense to an action for conversion by a wilful, illegal use. Vermont Acceptance …

Review: A Textbook On Law And Business, J. Wayne Ley

Michigan Law Review

A Book Review on A TEXTBOOK ON LAW AND BUSINESS By William H. Spencer

Carriers-Contract Against Liability For Negligence By Telephone Company

Michigan Law Review

Plaintiff sought to recover for damages to its business resulting from the failure of defendant company to list plaintiff's main office and number and the incorrect listing of plaintiff's branch office in the 1928 telephone directory plaintiff being a subscriber to defendant's service. The contract of service contained a clause providing that defendant shall not be liable "for damages arising from errors or omissions in the making up or printing of its directory." The court held that in the absence of any showing of gross negligence or wilful misconduct; there was no liability for the omission and error. Hamilton Employment …

Contracts-Rescission For Substantial Breach-Lien For Improvements Given Vendee

Michigan Law Review

For statement of facts see preceding note in this issue, Younger v. Caroselli, 251 Mich. 533, 232 N.W. 378.

According to the majority view in the United States, a builder, whose substantial breach of contract (the instant case can hardly be considered one of substantial performance) is merely negligent and in good faith, can recover the value of his labor and materials less the damage caused the promisee.