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Articles 271 - 297 of 297
Full-Text Articles in Contracts
Automobile Policy Exclusions, A. L. Plummer
Automobile Policy Exclusions, A. L. Plummer
Vanderbilt Law Review
The exclusions in the automobile liability insurance policies have required much litigation to clarify and interpret the intent of the draftsmen and underwriter who wrote them. An exclusion takes away or modifies certain coverages given in the insuring agreements. The giving and taking-away provisions of insurance policies are necessary in the making of a limited contract. They tend to avoid duplication of coverage, limit the assumed risk or hazard, avoid underwriting the primary liabilities of others that should be covered by other policy forms, and otherwise limit the scope of coverage. Since 1936 there has been a constant effort by …
Local Government Law -- 1960 Tennessee Survey, A. E. Ryman, Jr.
Local Government Law -- 1960 Tennessee Survey, A. E. Ryman, Jr.
Vanderbilt Law Review
This survey is directed to the law peculiar to local government. Although nearly every case involves law applicable to parties other than governmental agencies, the focus of attention here is on the aspects peculiar to such agencies. Critique of the law of general application is not within the scope of this article. Although "Elections and Representation" could be treated (as it was last year) under the topic of "Relations of Local Government and Private Persons," it is separated here to emphasize the logical distinction between laws concerned with the creation of governmental agencies on the theory that power is derivative …
Liability Of Funeral Directors For Negligence, Edgar E. Smith
Liability Of Funeral Directors For Negligence, Edgar E. Smith
Vanderbilt Law Review
Funeral directing cannot be classed absolutely as a "profession."'On the contrary, the funeral director's principal concern probably is the sale of caskets and burial supplies, thus making him a "merchant"or "trader." However, for purposes of rendering services in connection with the care and burial of the dead as well as in accommodating the family and friends of the deceased, the funeral director is considered a "professional man." It is the latter capacity which is under consideration here. It is inconsequential for legal purposes whether a mortician is referred to as a "funeral director," an "embalmer," or an "undertaker." An embalmer …
Defaulting Vendee's Right To Recover Part Payment On A Contract To Purchase Real Estate - Quillen V. Kelley, Lynn F. Meyers
Defaulting Vendee's Right To Recover Part Payment On A Contract To Purchase Real Estate - Quillen V. Kelley, Lynn F. Meyers
Maryland Law Review
No abstract provided.
Possession And Recording Under Conditional Sales Contracts - Mohr V. Sands, Richard E. Lovell, J. Paul Rogers
Possession And Recording Under Conditional Sales Contracts - Mohr V. Sands, Richard E. Lovell, J. Paul Rogers
Maryland Law Review
No abstract provided.
The Nature Of The Arbitration Process, William M. Hepburn, Pierre R. Loiseaux
The Nature Of The Arbitration Process, William M. Hepburn, Pierre R. Loiseaux
Vanderbilt Law Review
The process of reaching a decision in labor-management arbitrations involves many uncertain factors. As to the final result in a case, we can perhaps say that it is in accord with the contract of the parties or that it is not; that it is "fair" or not; "practical" or unworkable; or that it accords with "public policy" or violates it. Some or all of the criteria discussed in this article may be satisfied in a particular case, but, as is proper, the parties are most often interested in basic equities, in whether an award can be brought within the ambit …
Act Relating To Arbitration And To Make Uniform The Law With Reference Thereto, Law Review Staff
Act Relating To Arbitration And To Make Uniform The Law With Reference Thereto, Law Review Staff
Vanderbilt Law Review
A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This act also applies to arbitration agreements between employers and employees or between their respective representatives (unless otherwise provided in the agreement.)
Labor Law - Labor-Management Relations Act - Strike During Life Of Contract Under A Reopening Provision, Dudley Chapman
Labor Law - Labor-Management Relations Act - Strike During Life Of Contract Under A Reopening Provision, Dudley Chapman
Michigan Law Review
A collective bargaining agreement between Lion Oil Company and the union provided that if either party should desire to amend, notice should be served on the other, but not before August 24, 1951. The contract could be terminated by giving sixty days notice to terminate if agreement could not be reached within the sixty days following notice to amend. The contract did not contain a no-strike clause. The union gave notice on August 24, 1951 of its desire to amend, and having reached no agreement, struck on April 30, 1952 without having served notice to terminate. Both parties agreed that …
Corporations - Promotion - Discharge Of Promoter's Liability As Bidder At A Bankruptcy Sale, John Morrow
Corporations - Promotion - Discharge Of Promoter's Liability As Bidder At A Bankruptcy Sale, John Morrow
Michigan Law Review
On October 1, defendant made the high bid at a bankruptcy sale of hotel properties as "Mr. Ash, trustee." Later that same day a certificate of incorporation was executed for a corporation with Ash as treasurer. On October 4 the proper corporate papers were filed with the secretary of state. On October 4 the receivers receipted for the earnest money deposit, the instrument acknowledging, as interpreted by the court, that the receivers would look to the corporation to complete the contract and would not look to Mr. Ash personally. On October 14, the referee confirmed the sale to "Mr. Ash, …
Forbearance To Sue On An Invalid Claim As Consideration For A Contract - Fiege V. Boehm, J. M. Roulhac
Forbearance To Sue On An Invalid Claim As Consideration For A Contract - Fiege V. Boehm, J. M. Roulhac
Maryland Law Review
No abstract provided.
Business Associations -- 1956 Tennessee Survey, F. Hodge O'Neal
Business Associations -- 1956 Tennessee Survey, F. Hodge O'Neal
Vanderbilt Law Review
Surprisingly few cases were decided in the field of Business Associations during the survey period. Those decisions for the most part merely reaffirmed legal principles already established in Tennessee law. One of the cases, Wyatt v. Brown,' raised again the interesting old question of what is a partnership and what factual elements are necessary to constitute the partnership relation. This article discusses that question first and then comments rather briefly on the other cases and the principles they enunciate.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks
Michigan Law Review
After there has been a contract to make a will it is often said that the promisor is a trustee of the property for the use of the promisee. This statement is usually offered as a reason for or an explanation of the relief granted in a particular case, without any indication as to how such a premise was arrived at and without any consideration of other possible results that might How from the designation of the relationship as a trust.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.
Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.
Vanderbilt Law Review
The motives and purposes behind the binate Sections 301 and 303, no less than other sections of the Taft-Hartley Act,' are mixed and ambiguous. Foremost, however, seems the notion that Congress intended to create new federal rights, contract and tort, enforceable nationally in a federal forum. In broad terms, where the required relationship to interstate commerce exists, Section 301 permits suits by either employers or unions for violation of collective bargaining agreements; Section 303 permits those injured by certain boycotts and unlawful combinations to bring suit-- in both cases, the forum provided is the district court of the United States. …
Tortious Interference With Real Estate Contracts - Horn V. Seth
Tortious Interference With Real Estate Contracts - Horn V. Seth
Maryland Law Review
No abstract provided.
Further On The Rights Of Third Party Beneficiaries Under A Contract - Marlboro Shirt Co., Inc. V. American District Telegraph Co.
Maryland Law Review
No abstract provided.
Specific Performance Of Oral Contract To Devise Real Property - Rendition Of Personal Services As Part Performance - Shives V. Borgman
Maryland Law Review
No abstract provided.
Rights Of Ticketholders To Places Of Amusements - Greenfeld V. Maryland Jockey Club Of Baltimore, Mannes F. Greenberg
Rights Of Ticketholders To Places Of Amusements - Greenfeld V. Maryland Jockey Club Of Baltimore, Mannes F. Greenberg
Maryland Law Review
No abstract provided.
Action At Law By A Creditor Beneficiary In Maryland - Mackubin V. Curtiss-Wright Corporation
Action At Law By A Creditor Beneficiary In Maryland - Mackubin V. Curtiss-Wright Corporation
Maryland Law Review
No abstract provided.
Specific Performance Of Contract Containing Liquidated Damage Clause - Armstrong V. Stiffler
Specific Performance Of Contract Containing Liquidated Damage Clause - Armstrong V. Stiffler
Maryland Law Review
No abstract provided.
Liability Of Lessors Of Safe Deposit Boxes - Takoma Park Bank V. Abbott
Liability Of Lessors Of Safe Deposit Boxes - Takoma Park Bank V. Abbott
Maryland Law Review
No abstract provided.
Further Concerning Illicit Cohabitation Of Parties As Affecting Contracts Made Between Them - Lynch V. Rogers
Maryland Law Review
No abstract provided.
Partnership By Estoppel Based On A Holding Out By One Other Than The Party Sought To Be Held - Brocato V. Serio
Maryland Law Review
No abstract provided.
Equity-Personal Rights-Contract Not To Molest Or Annoy Enforced By Injunction
Equity-Personal Rights-Contract Not To Molest Or Annoy Enforced By Injunction
Indiana Law Journal
No abstract provided.
The Seal As Consideration On A Negotiable Instrument - Citizen's Nat. Bank Of Pocomoke City V. Custis
Maryland Law Review
No abstract provided.
Contract For Lifetime Employment Held Void For Indefiniteness Of Subject Matter - Baltimore And Ohio Railroad Company V. King
Maryland Law Review
No abstract provided.