Contracts Commons^™

The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby

University of Richmond Law Review

The 1979 Virginia General Assembly turned the last shovel of earth onto the grave of the common law "release rule"' by adopting the covenant not to sue as a viable settlement device in joint tortfeasor actions. By this statutory adoption, Virginia became the last state to recognize, either by statute or judicial mandate, that a properly drawn covenant not to sue can act to release one or more tortfeasors without automatically releasing all those tortfeasors liable for the same injury or wrongful death. Judicial interpretations of the covenant not to sue, particularly those of California, Michigan and North Carolina, will …

Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini

St. Mary's Law Journal

Abstract Forthcoming.

Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn

Buffalo Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

The Interlocking Death And Rebirth Of Contract And Tort, Jeffrey O'Connell

Michigan Law Review

The first portion of this article will examine the growing inclination of courts to apply tort principles to cases based on contracts; at the same time, the defects of tort will be discussed insofar as they militate against the wisdom of so extending tort principles. In the last half of the article, an alternative contractual method for allocating losses in one particular area will briefly be presented; this method does not contain the defects in loss allocation that have impelled courts to reject traditional contractual principles, but it also avoids many inefficiencies of traditional tort remedies.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo

Buffalo Law Review

No abstract provided.

Uniform Commercial Code - Section 2-719(3) - Presumption Of Unconscionability On The Part Of Tire Manufacturer For Exclusion Of Liability For Personal Injuries Under Express Warranty Against Blowouts Is Not Rebutted By Proof That The Tire Was Not Defective, Katherine A. Bomba

Villanova Law Review (1956 - )

No abstract provided.

A Discharged Attorney Is Limited To Quantum Meruit Recovery For The Reasonable Value Of His Services And The Right Of Recovery Under A Contingent Fee Contract Does Not Accrue Until The Occurrence Of The Contingency., Sean P. Martinez

St. Mary's Law Journal

Abstract Forthcoming.

Uniform Commercial Code- Breach Of Warranty- Applicable Statute Of Limitations For Personal Injury

University of Richmond Law Review

Statutes of limitation are statutes of repose, the object of which is to compel the exercise of a right of action within a reasonable time. They are designed to suppress fraudulent and stale claims from being asserted after a great lapse of time, to the surprise of the parties, when the evidence may have been lost, the facts may have become obscure because of defective memory, or the witnesses have died or dis- appeared.

Liability Of Engineer For Defective Design, Emil F. Sos Jr.

Cleveland State Law Review

The practice of "Professional Engineering" in the United States is governed by licensing statutes in all fifty states and the District of Columbia. Liability for incompetency is only indirectly affected by these statutes. The statutes do have an effect on the contractual relationships of the engineer and most states make a violation of the licensing sections a misdemeanor, punishable by fine and/or imprisonment.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk

Villanova Law Review (1956 - )

No abstract provided.

The Independent Doctrine Of Ratification V. The Restatement And Mr. Seavey, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts

Cornell Law Faculty Publications

The author points up the decline of caveat emptor as a viable doctrine governing the sale of new homes and analyzes the emergence of implied warranty as a remedy for both structural deficiencies and personal injuries. He argues that the concept of implied warranty tends to obfuscate real distinctions between the builder-vendor’s responsibility for the material integrity of a new home and for personal injuries occasioned by defects therein, concluding that legislation is needed to reestablish a system of order in the law.

Building Contractor's Liability After Completion And Acceptance, James Jay Brown

Cleveland State Law Review

Schipper v. Levitt & Sons, Inc., held that a tract home-builder must defend his actions against the prima facie case established by an injured third party. The importance of this case lies in the application of a tort doctrine, previously applied exclusively to negligent acts by chattel manufacturers, to real property construction. This extension is shattering the ancient property concepts so much the bedrock of our Common Law. We will review that foundation and the old rules of non-liability as they concern the landowner, contractor, and third party, in order to grasp the significance of this new change in jurisprudential …

Inducing Breach Of Contract In Trade Disputes: Development Of The Law In England And Canada, Innis Christie

Innis Christie Collection

In the course of his judgement in the Posluns case Gale J., now the Chief Justice of the High Court of Ontario, thus defined the tort of inducing breach of contract. The Posluns case was an action by a stockbroker against the Toronto Stock Exchange, but it is in the context of trade disputes, especially in cases of picketing, that the tort of inducing breach of contract is significant in Canada. In the confused fact situations arising out of trade disputes Canadian courts have not always been as careful as was Gale J. to identify each of the elements of …

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1967.

The Contractual Aspect Of Consumer Protection: Recent Developments In The Law Of Sales Warranties, William C. Pelster

Michigan Law Review

As might have been expected, the courts have not confined their efforts in updating the law of products liability to fostering innovations in that segment dealing with warranties. The struggle to impose strict tort liability upon a manufacturer for harm caused by his defective products has made significant advances and is continuing: However, the citadel has yet to be taken. Indeed, even the California Supreme Court, which may be considered the leading proponent of this strict tort theory, has limited its availability so that only those seeking redress for harm to person or property may invoke the doctrine; thus, a …

The Friendly Versus Hostile Fire Dichotomy, Robert I. Reis

Villanova Law Review (1956 - )

No abstract provided.

Perpetuities, Privity And Professional Liability, D. Orville Lahy

University of Richmond Law Review

As the number of malpractice cases against members of all professions continues to increase, it seems appropriate to review several new developments which may be of considerable importance to the practicing lawyer with respect to his professional liability. The time has come to approach this delicate subject with some plain language about property law and the portentous responsibility of the legal profession in the context of the rule against perpetuities.

Contracts -- 1963 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Both the one year provision and the sale of goods provision of the Statute of Frauds were construed in Anderson-Gregory Co. v. Lea.'Regarding the duration of the contract, the facts in the opinion are somewhat sparse... The court held that the contract did not come within this provision of the statute. If a contract could have been performed, under its terms, within a year from the time of its making, it is not within the Statute of Frauds, even though it is improbable that the contract would be performed within a year.

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The Tennessee Supreme Court case of Oman …

Negligent Misrepresentation: Fraud Or Negligence, June W. Wiener

Cleveland State Law Review

Although there was no remedy for negligent misrepresentation at common law, and English law apparently still provides none, the American courts have all, in one way or another, accepted the thesis that "conscience, fair dealing and the usages of business require" some type of liability. But the nature and limits of that liability have never been clearly defined by the majority of American jurisdictions.

Industrial Relations - Torts - Intentional Interference With Advantageous Trade Relationships By Illegal Means - Intimidation - Conspiracy To Threaten Breach Of Contract, Innis Christie

Innis Christie Collection

Canadian courts will doubtless have to contend in the future with the tort of intimidation, as constituted by a threat to breach one's own contract, to which the House of Lords has given its blessing in Rookes v Barnard. This case, considered by many to be the most important decision in the area of trade union law since the Taff Vale case, has attracted considerable public attention in England. Much of the comment has emphasized their Lordships' treatment of section 3 of the Trade Disputes Act, 1906, of which there is no Canadian equivalent, but the new basis of …

Zim Israel Navigation Co. V. Maziar, Moshe Silberg, Moshe Landau, Alfred Witkon

Translated Opinions

During a voyage between Marseilles and Haifa, the respondent fell ill, apparently from food she had eaten on board, and for three months after arriving in Israel suffered from a stomach infection. She sued the ship owners and the ship's chef for negligence. The appellants pleaded in defence inter alia the exemption clause relieving them from liability which appeared in the passenger ticket sold to the respondent. The District Court found for the respondent on the ground that res ipsa loquitur and held that the exemption clause was null and void.

Held (per Silberg, J.): As between the English approach …

Actions In Contract Resulting From Aircraft Crashes, Stephen M. Feldman

Cleveland State Law Review

The purpose of this article is to examine possible causes of actions sounding in contract available in cases of death or personal injuries arising out of aircraft crashes. The ability of the plaintiff to sustain an action in contract may have a decisive effect on the outcome of the litigation in any one of the following respects: First, as a general rule the law of the place of the accident governs tort actions, while the law of the place of contracting governs contract actions and for one of several reasons it may be advantageous to the plaintiff to avoid the …

The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis

Michigan Law Review

When an insured loss occurs under circumstances that make a third person liable to reimburse the insured, there are various possible ways to adjust the loss among the three persons involved. One solution would permit the policyholder to recover both on the insurance and from the third person, i.e., would permit double recovery for the loss. A second solution would give the third person the benefit of the insurance by denying recovery from him. A third solution would subrogate the insurer to the policyholder's rights against the third person. Combinations of these three solutions are possible by applying sometimes …

Notable Legislation Of 1962, Harry L. Snead Jr.

University of Richmond Law Review

Unless otherwise indicated, the statutes and amendments noted below will be effective on June 29, 1962. All code refer- ences are to the 1950 Code of Virginia.

Agency -- 1961 Tennessee Survey, Elvin E. Overton

Vanderbilt Law Review

The topic "agency" includes the areas of "master and servant" as well as those of "principal and agent." There were few cases in these areas decided by the Tennessee courts during the period under survey. Generally, basic principles were applied to routine cases.In certain instances the reliance upon a prior fact determination avoided the necessity of an elaborate treatment of the facts. In one or two cases the court reached a result that may not be deemed desirable though supported by much authority. Significant points received less attention than they deserved in certain cases. In one case the basic question …