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Articles 91 - 93 of 93
Full-Text Articles in Contracts
Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley
Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley
Articles
A very interesting and important question frequently is, what effect has been produced upon a right of action, or upon a previously existing defence to an action, by a change in the law effected by statute after the right has accrued, or the cause of action has arisen, to which the defence was applicable. The question is encountered in a great variety of cases, and is sufficiently important to be considered under the several heads where the cases seem to range themselves. This is done imperfectly below.
Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley
Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley
Articles
The distinctions between an action for a tort and one upon contract are such that where the one will lie the other generally will not; but there are nevertheless some cases in which either may be brought at the election of the party injured. Thus, it is sometimes the case, that, in a business relation, the law makes it the duty of a party to observe a certain course of conduct with regard to the rights of others, where by contract he has also undertaken for the same thing; and in such a case a breach of duty is coincident …
Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley
Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley
Articles
The distinctions between an action for a tort and one upon contract are such that where the one will lie the other generally will not; but there are nevertheless some cases in which either may be brought at the election of the party injured. Thus, it is sometimes the case, that, in a business relation, the law makes it the duty of a party to observe a certain course of conduct with regard to the rights of others, where by contract he has also undertaken for the same thing; and in such a case a breach of duty is coincident …