Legal Remedies Commons^™

Constitutional Requirements For Standardized Ability Tests Used In Education, Lewis D. Beckwith

Vanderbilt Law Review

This Note examines the groundwork for possible legal remedies to correct the abuses of tests and testing procedures used by some educators. Because the standardized ability tests administered as prerequisites to college admission are perhaps the most significant obstacles to an individual's educational development, the discussion herein is directed primarily to them. This Note attempts to demonstrate that existing legal doctrines provide an adequate basis for challenging some of the standardized ability tests used in determining college entrance requirements as violations of equal protection and procedural due process. It also discusses the scope of a proper remedy for individuals aggrieved …

Recent Treaties And Statutes, Shelley I. Stiles, Iii

Vanderbilt Journal of Transnational Law

Since the 1946 Supreme Court decision in Seas Shipping Co. v. Sieracki, the seaman's traditional remedy based on absolute liability of the vessel for an unseaworthy condition also has been available to longshoremen. Limited to longshoremen working aboard the vessel, the Sieracki opinion emphasized that the work of loading and unloading vessels was a maritime service formerly and historically rendered by seamen, and reasoned that because the work now performed by longshoremen involved risks commensurate with those undertaken by seamen, longshoremen injured on board ship should be entitled to unlimited recovery under the seaworthiness doctrine. The seaworthiness doctrine was expanded …

Variation On Libel Per Quod, Laurence H. Eldredge

Vanderbilt Law Review

During the nineteenth century it became settled common law in England and in the United States that in any action for libel, as distinct from slander, the plaintiff could recover damages without pleading or proving that he had in fact suffered any damages as a result of the publication. The American Law Institute accepted this as sound law. Volume III of the Restatement of Torts, published in 1938, stated the rule in section 569: "One who falsely, and without a privilege to do so, publishes matter defamatory to another in such a manner as to make the publication a libel …

Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.

Vanderbilt Law Review

Even if liability for indirect economic consequences of negligence may in some cases be too broad and open-ended to be endured, care should be taken to see whether that is true in all types of situations; if it is not true, one must examine whether a rule may be fashioned to separate the wheat from the chaff. In this discussion it has been assumed that if the pragmatic consideration has any validity, it is in the field of indirect economic loss rather than that of physical damage. As one commentator put it, "only a limited amount of physical damage can …

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 …

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 …

Equity--1959 Tennessee Survey, T. A. Smedley

Vanderbilt Law Review

The amazing versatility of the chancery courts in Tennessee has been demonstrated again in two decisions handed down during the past year; but on the other hand, two cases decided in this interval disclosed evidence of the regrettable "decadence of equity" which Dean Pound deplored more than half a century ago.' In most of the other decisions which may be classified under the ambiguous heading of "Equity," only normal application of established principles to routine situations seems to have been involved.

Equity -- 1957 Tennessee Survey, Thomas F. Green Jr.

Vanderbilt Law Review

JURISDICTION:

Among what is said' to be the largest number of public laws ever passed by a Tennessee Legislature, the General Assembly passed an act which creates a statutory exception to the doctrine that equity will not enjoin the commission of a crime unless the conduct comes within some recognized head of equity jurisdiction.

EQUITABLE REMEDIES:

Hall v. Briton was a suit in the chancery court to enjoin defendants, who were complainant's former employees, from selling a product produced with the aid of complainant's trade secret.

CONTEMPT:

One of the peculiarities of equity is that its decrees frequently consist of …

Sales Taxation Collection Problems, Paul J. Hartman, E. William Henry, George L. Foster

Vanderbilt Law Review

This treatment is designed to gather together a number of legal problems concerning collection of taxes in the field of sales taxation, which may confront attorneys who represent either the taxing authority or the taxpayer. Some of the problems taken up are not related to each other. They are, nevertheless, troublesome and ofttimes recurring problems. For convenience of discussion, they are grouped under the two main categories of procedural problems that arise in sales taxation collections, and the problems of the substantive liability of various parties for the tax.

Restitution -- 1955 Tennessee Survey, John W. Wade

Vanderbilt Law Review

"A person who has been unjustly enriched at the expense of another is required to make restitution to the other."' This principle is a pervasive one, running throughout the common law. It is implemented by many remedies, both at law and in equity; and only in recent times has the single idea underlying the several remedies been clearly perceived. The Tennessee cases on Restitution will here be collected according to the remedies involved.

Bills And Notes, Paul J. Hartman

Vanderbilt Law Review

The Parol Evidence Rule as Applied to Bills and Notes. The Tennessee Supreme Court case of Lazarov v. Klyce' presented the problem of when an agent who has signed a negotiable instrument can use parol evidence to exonerate himself from personal liability on the instrumentat the suit of the payee. The payee of a note sued the defendant, Arnold Klyce, to hold him individually liable on the note of a corporation of which defendant was an officer. The defense was that the note was an obligation of the corporation, that defendant signed as an officer of the corporation and that …

Should The Doctrine Of Implied Warranties Be Limited To Sales Transactions?, Robert B. Deen Jr., Charles H. Warfield

Vanderbilt Law Review

The purpose of this discussion is to examine implied warranties in order to determine if their application is limited to sales transactions. In approaching this problem, it is necessary to understand the development of warranty. In the early law, warranty was a pure action of tort.' Special assumpsit developed over a hundred years later than warranty and was based on the tort action of warranty. Thus, at the beginning, assumpsit was thought of as a tort action. Later assumpsit came to be regarded as similar to covenant and hence became classified with contract actions. Warranty was still considered a tort …

Agency To Make Representations, Merton Ferson

Vanderbilt Law Review

Representations, commands, threats and other utterances are a species of acts and may have legal consequences. An utterance may, for example, constitute fraud, negligence, slander or intimidation. The person who speaks is responsible and it may be that another person, in whose behalf the utterance was made, also is responsible. This discussion has to do with the question of what must be shown to establish the ability' of one person to speak in behalf of another, and thus to make the other liable for the legal consequences.