Contracts Commons^™

Contracts--Agent's Right To Commission On Reorders After Termination Of His Employment, David Gail Hanlon

West Virginia Law Review

No abstract provided.

Remedies Of The Vendor And Purchaser Under A Contract For The Sale Of Realty In Pennsylvania, Michael H. Hynes

Villanova Law Review (1956 - )

No abstract provided.

Legislative Solution To A Judicial Dilemma: The Pennsylvania Home Improvement Finance Act, Edward Gerald Donnelly Jr.

Villanova Law Review (1956 - )

No abstract provided.

Contracts And Sales, Joseph Curtis

Faculty Publications

No abstract provided.

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 …

Pleading And Practice - Partial Specific Performance And The Rights Of Third Parties, Stanley Morris

William & Mary Law Review

No abstract provided.

Interference With Contracts Terminable At Will - Clarke Langrall, Incorporated V. Shamrock Savings & Loan Association, Inc., Ronald P. Fish

Maryland Law Review

No abstract provided.

Contracts And Sales, Joseph Curtis

Faculty Publications

No abstract provided.

Formal And Doctrinal Differences Between Government And Private Contracts, Charles A. Lynch, Edward C. Reading

San Diego Law Review

Justice Holmes admonishes us that "men must turn square corners when they deal with the Government." This "Square Corner Doctrine" finds application in the extensive and expanding area of government contracting. This note surveys briefly some ways in which a contract between the United States Government and a private businessman or corporation may be at variance with a contract between private parties based upon common law principles.

Conflict Of Laws - Gambling Contract, Valid Where Made, Held Unenforceable By Forum Public Policy (Intercontinenal Hotels Corp. V. Golden, N.Y. 1963), Gerald A. Falbo

San Diego Law Review

This recent case discusses Intercontinenal Hotels Corp. v. Golden, N.Y. 1963.

Contracts And Sales, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Effect Of Public Policy Upon Reward Offers

Washington and Lee Law Review

No abstract provided.

Contracts -- 1962 Tennessee Survey, Paul I. Hartman

Vanderbilt Law Review

I. Revival of a Debt Barred by Statute of Limitations --An Acknowledgement by Debtor that He Owes the Debt as a Revival of the Cause of Action

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II. Rules for Determining Priority of Right Where Successive Assignees Competing for Same Claim --Applicability of those Rules in Contest Between an Assignee and Debtor whose obligation has been assigned

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III. Breach of Contract--Necessity for Tender of Performance by Promisee where Promisor cannot perform -- Rights of Promisee against Third Party inducing Breach of Contract

Contracts And Sales, Joseph Curtis

Faculty Publications

No abstract provided.

Contracts And Sales, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Book Reviews, Law Review Staff

Vanderbilt Law Review

Decision at Law

By David W. Peck.

New York: Dodd, Mead & Co.,1961. Pp. vii, 303.

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Corporation Lawyer: Saint or Sinner? By Beryl Harold Levy.

Philadelphia and New York: Chilton Co., 1961. Pp. x, 175.

reviewer: Elliott E. Cheatham

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Criminal Psychology Edited by Richard W. Nice. New York: Philosophical Library, Inc., 1962. Pp. 284.

reviewer: J. Paschall Davis

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Symposium on the Labor-Management Reporting and Disclosure Act of 1959 Edited by Ralph Slovenko. Baton Rouge: Claitor's Bookstore, 1961. Pp. xliv, 1237. $20.00.

reviewer: Robert N. Covington

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Handling Accident Cases, Vol. 3

By Albert Averbach.

Rochester: The Lawyers …

Trade Regulation -- 1961 Tennessee Survey (Ii), Leo I. Raskind

Vanderbilt Law Review

This field of law, not previously treated independently in the annual survey, is designated as Trade Regulation or alternatively as Government or Public Control of Business. In the limit, this body of doctrine is an amalgam of tort and contract principles bearing the impress of the equity practice. These distinct principles are now embodied in both state and federal statutes as the foundations of legal control over competitive commercial conduct. Their scope extends, with different emphasis, from public utility rate regulation to a variety of aspects of market structure and conduct in the unregulated sector of the economy. The principal …

Contracts And Sales, Joseph Curtis

Faculty Publications

No abstract provided.

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 …

Contracts -- 1961 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

I. Offer and Acceptance--Notification of Acceptance Before Notification of Revocation--Duration of Offer with Fixed Expiration Date

II. Implied and Quasi Contract--Claim for Services Where Family Relationship Involved

III. Parol Evidence Rule--Application of Rule to Third Party Not a Party to the Written Instrument--Pre-existing Duty as Consideration

IV. Exculpatory Contracts--Contracting Against Liability for Consequences of Own Negligent Conduct

V. Agreement in Restraint of Trade-Agreement of Seller of Business Not to Compete--Enforcement of Restraint in Area Greater than Required to Protect Purchaser

Arbitration And Award: Specific Performance Of A Building Contract Affirmed By A Court Of Equity, Michael Peter Yahr

William & Mary Law Review

No abstract provided.

Constitutional Law -- 1961 Tennessee Survey, James C. Kirby, Jr.

Vanderbilt Law Review

Although a relatively small number of cases turned upon constitutional questions during the survey period, some important decisions were handed down in this area. In five separate decisions legislation was declared unconstitutional. The impact of the constitutional decisions varies from the right to millions of dollars in school funds in Shelby County and the salary of the clerk of General Sessions Court of Clay County to approval of permanent tenure for all franchised automobile dealers in the state. The scope of governmental power over the administration of estates, condemnation of private property and the pursuit of private businesses brought forth …

Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig

Journal of Legal Education

No abstract provided.

Contracts--Conditions--Restraint Of Remarriage, William Warren Upton

West Virginia Law Review

No abstract provided.

Incorporation By Reference In Commercial Contracts, Robert Whitman

Maryland Law Review

No abstract provided.

Contracts And Sales, Joseph Curtis

Faculty Publications

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Implied Warranties Governed by Law of the State Most Closely Associated with the Contract

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Constitutional Law--Due Process--Absolute Statutory Prohibition of the Use of Contraceptives Not a Violation of Rights Secured by Fourteenth Amendment

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Constitutional Law--Freedoms of Speech and Press--Ordinance Prohibiting Distribution of Handbills Without Identification of Author Violates Fourteenth Amendment

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Contracts--Termination--Employment for Indefinite Duration not Terminable for Refusal of Employee to Commit Perjury

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Evidence--Federal Courts--Evidence Obtained by State Officers Through Unreasonable Search and Seizure Inadmissible in Federal Courts

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Judgments--Limitation of Overruling Decision to Parties Before the Court and to Causes of …

Overlapping Coverages In Liability Contracts; Subrogation, John A. Appleman

Vanderbilt Law Review

Within the last twenty-five years, approximately, a considerable transition has taken place in approaching the coverages of automobile policies. At one time, liability insurers used to require their policy-holders to pledge that they did not carry other insurance of like character. It is difficult to understand why this situation ever arose. It may have been an outgrowth of fire coverages, or health and accident provisions, in which a moral hazard actually might exist where excessive protection is carried. Thereafter, instead of making this a matter of warranty, policies frequently provided that in the event there should be any other valid …

Business Associations -- 1960 Tennessee Survey, Kenneth L. Roberts

Vanderbilt Law Review

Two opinions of the court of appeals during the survey period-one unpublished-discussed the fiduciary duties owing by officers and directors to their corporations. In Harriman Welding Supply Co. v. Lake City Lightweight Aggregate Corp.,' Presiding Judge McAmis of the eastern section found occasion to state the principles applicable when the fairness of contracts between two corporations having interlocking directorates is questioned.

Creditors' Rights And Security Transactions -- 1960 Tennessee Survey, Forrest W. Lacey

Vanderbilt Law Review

Two cases involving mechanic's liens were decided during the period under survey. Rowland v. Lowe' presented the question of the validity of a material men's lien against the owner of land subject to a contract of sale which required the purchaser to erect improvements on the land. In order to protect the vendor's lien, which was to be retained in the deed, the contract provided:

"The purchaser obligates himself to pay all sums for labor and materials in the construction of the improvements on said lot, and in no event shall there be any lien on the lot of ground …