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Articles 1 - 11 of 11
Full-Text Articles in Legal Remedies
Restitution For Benefits Conferred Without Request, John W. Wade
Restitution For Benefits Conferred Without Request, John W. Wade
Vanderbilt Law Review
The principle is now fully recognized in this country that a "person who has been unjustly enriched at the expense of another is required to make restitution to the other." This is the language of the first section of the Restatement of Restitution.' When one person confers a benefit upon another without the latter's solicitation, the benefit received constitutes an enrichment--a windfall, so to speak. This benefit may take one of several forms. It may involve (1) transferring property to the defendant, (2) saving, preserving or improving his property, (3) rendering personal services for him, or (4) performing for him …
Forward: A Symposium On Restitution, John P. Dawson
Forward: A Symposium On Restitution, John P. Dawson
Vanderbilt Law Review
The editors of the Vanderbilt Law Review deserve praise for arranging this symposium on the neglected subject of Restitution, a great and growing area of our private law whose literature is extra-ordinarily meager. Partly because of this neglect by legal scholars,the practicing profession as a whole remains unaware of the range and variety of restitutionary remedies and the possibilities they offer for solving problems that are otherwise intractable. The volume of restitution cases reported in current advance sheets shows that courts and lawyers are learning to make use of restitution remedies, but the subject still inspires hesitation and diffidence, for …
Divestiture Of Illegally Held Assets: Observations On Its Scope, Objective, And Limitations, William T. Kerr
Divestiture Of Illegally Held Assets: Observations On Its Scope, Objective, And Limitations, William T. Kerr
Michigan Law Review
"Divestiture has been called the most important of antitrust remedies. It is simple, relatively easy to administer, and sure." This observation was made with reference to an order requiring divestiture of illegally held stock. In the context of the divestiture of illegally held assets, however, the statement is an oversimplification of myriad complex problems. This Comment will examine the difficulties encountered in eliminating the anticompetitive effects of a fully consummated merger found to have violated section 7 of the Clayton Act. No attempt will be made to assess the substantive doctrine upon which the violation in any instance was based, …
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Some Bases For Remittitur In Personal Injury Cases, Robert Saxer
Some Bases For Remittitur In Personal Injury Cases, Robert Saxer
Cleveland State Law Review
In reviewing an award various factors before it can determine whether the award is so excessive that remittitur should be granted or a new trial ordered. Remittitur is justified when the award is based on computation errors, oversight or consideration of an improper element, or when, in view of the evidence, the judgment is excessive enough to indicate prejudice, passion, partiality or corruption on the part of the jury.
Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte
Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte
Cleveland State Law Review
The burden of this paper is the extent to which a plaintiff in a malicious prosecution action will be permitted to recover damages for the injury he has suffered to his feelings. Simply stated, there is no serious legal question presented by this broad topic. In a malicious prosecution action based on criminal proceedings the plaintiff may recover damages for his mental suffering (and for the harm to his reputation) and the great majority of jurisdictions permit these damages to be recovered without special pleading or proof-i.e., these elements are considered to be general damages.
Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day
Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day
Cleveland State Law Review
To insure the focus of theme it is assumed for present purposes that the hurdles of proof and proximate cause in an actionable defamation have been cleared and that there is no concern with any other issues that may arise, offensively or defensively, in a defamation action beyond the propriety, or impropriety, of proving mental suffering as an element of compensable damage. Stated another way, the crux of the matter is whether mental anguish is, can, or ought to be classified as special damage in defamation actions. Punitive damages are, of course, an element of no relevance here except in …
Damages For Emotional Distress In Ohio, James G. Young
Damages For Emotional Distress In Ohio, James G. Young
Cleveland State Law Review
A review of Ohio cases reveals that Ohio law declares there cannot be recovery for mental distress unless it is accompanied by contemporaneous physical injury (i.e., contact), or unless the act was wilful, wanton or intentional. No Ohio cases were found where recovery for purely mental suffering, caused negligently, in and of itself was permitted.
Municipal Liability For Exemplary Damages, David H. Hines
Municipal Liability For Exemplary Damages, David H. Hines
Cleveland State Law Review
Although the law is not altogether free from doubt on the subject of municipal liability for exemplary damages, it is a settled principle that exemplary damages may not be recovered against a municipal corporation, nor a state, in the absence of statutory authority.
Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz
Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz
Cleveland State Law Review
The logic and validity of the public policy argument that to require insurance companies to pay punitive damages would place a burden upon the innocent insurance carrier, and ultimately the public itself, is weak and indefensible. The concern for not wanting to punish the insurance carrier, an innocent party, is not logical since any insurance company is an innocent party. The involvement is based on the contractual relationship of indemnification. If an insurance company does not wish to indemnify for punitive damages, then it should specifically exclude such coverage in the policy. In the absence of such a specific exclusion, …
Damages For Mental Suffering In Discrimination Cases, John E. Duda
Damages For Mental Suffering In Discrimination Cases, John E. Duda
Cleveland State Law Review
This article explores the legal basis for an award of damages for mental suffering caused by unlawful racial discrimination. It necessarily includes religious and nationality discrimination,since these three areas are intertwined in the law. For the most part, the legal principles are applicable alike to all three forms of discrimination. Mental suffering is treated as an element of compensatory damages on the theory that the purpose of such an award is to compensate the claimant for his loss and not necessarily to penalize the discriminator. Punishment enters the analysis only to the extent that the prevailing legal rules governing damage …