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Articles 31 - 44 of 44
Full-Text Articles in Legal Remedies
Restitution -- 1955 Tennessee Survey, John W. Wade
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.
Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile
Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile
Washington and Lee Law Review
No abstract provided.
Equity-Certainty And Completeness Of Terms As Prerequisites To Specific Enforcement Of A Contract To Sell Land
Washington and Lee Law Review
No abstract provided.
Equity, Ben F. Small Jr.
Estoppels-Legal And Equitable-Question As To Whether Equitable Estoppels May Be A Defense At Law
Estoppels-Legal And Equitable-Question As To Whether Equitable Estoppels May Be A Defense At Law
Michigan Law Review
An estoppel has been defined as "an impediment or bar, by which a man is precluded from alleging, or denying a fact, in consequence of his own previous act, allegation, or denial to the contrary". Jacob. In both law and equity estoppels were introduced at a very early date. Legal estoppels long antedated Coke, who attempted to enumerate them. Co. LIT. (17th ed.) 352, a. In fact, in some forms, as the estoppels by deed and of record, legal estoppels must have existed from the early beginnings of the common law. The doctrine which gave rise to equitable estoppels also …
The Remedies Of A Landlord Against A Subtenant
The Remedies Of A Landlord Against A Subtenant
Michigan Law Review
As against the assignee of the lessee the landlord at common law has practically the same remedies that he had against the original lessee. He can distrain on goods found on the leased premises, to secure rent which is in arrears, 2 TIFFANY, LANDLORD AND TENNANT, § 328; and he has the right to re-enter on breach of expressed condition. 2 TIFFANY, LANDLORD AND TENANT, § 194h. As there is privity of estate between the parties, the landlord can recover for breaches of those covenants in the lease, which run with the land. These primarily are those which touch and …
Simplified Civil Procedure Under The Wisconsin Code
Simplified Civil Procedure Under The Wisconsin Code
Michigan Law Review
A rare illustration of the possibility of simplified procedure, under the modern codes, is presented by a recent decision of the Wisconsin court. Singularly enough the case was also productive of some very interesting problems of substantive law, and will be commented upon, from that standpoint, elsewhere in this publication. As for the fact situation, it will be sufficient for our present purposes, to note that the plaintiff was injured, while riding as a guest, as the result of a collision occasioned by the negligent driving of her host and the operator of another automobile. The guest and the driver …
Remedies, Rights, And Equitable Estates
Remedies, Rights, And Equitable Estates
Michigan Law Review
Reasoning from remedies to rights has always been in vogue. In primitive law, as Sir Henry Maine observed, the law of actions has such ascendency that "the substantive law has at first the look of being gradually secreted in the interstices of procedure." EARLY LAW AND CUSTOM, 389. As law matures, the distinction between substantive and adjective law becomes clearly recognized and it becomes the common method of legal analysis to found conclusions as to rights and duties upon bases remote from procedure and then to turn to adjective law demanding a remedy for the rights thus established. This process …
Injunction As Remedy For Unlawful Taxation
Injunction As Remedy For Unlawful Taxation
Michigan Law Review
Whether or not a court of equity should issue an injunction restraining the assessment or collection of an illegal or wrongful tax is a question concerning which there is little harmony among the cases and writers. 4 POMEROY, EQUITY JURISPRUDENCE, ed. 4, §1781; HIGH, lNJUNCTIONS, ed. 3, §484, p. 363; 37 HARV. L. REV. 255.
Basis Of Relief From Penalties And Forfeitures, Edgar N. Durfee
Basis Of Relief From Penalties And Forfeitures, Edgar N. Durfee
Articles
The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that he does not waive it, yet all such stipulations …
The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland
The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland
Articles
It is doubtful whether American legal institutions have witnessed a more far-reaching procedural reform since New York adopted its Code of Civil Procedure in 1848, than the movement toward the authorization of judicial declarations of rights which has received its chief impetus from legislation enacted in three American States during the past year. A somewhat timid step in this direction was taken by the New Jersey Chancery Practice Act of 1915, but it disclosed a want of confidence in the broad effectiveness of the remedy. Now for the first time American legislation has definitely committed itself to the principle that …
Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour
Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour
Articles
ANYONE whom the study of equity has led into the by-paths of V Canon Law will recall that the Sext ends with a splendid array of imposing maxims, not improbably the source of the Latin maxims with which every lawyer is familiar. The inveterate habit formed by the ecclesiastics of expressing a legal principle in a short and crisp formula persisted when they came into the courts of law and is peculiarly in evidence among the chancellors of the fifteenth century. What may at first have been merely casual became through repetition a habit and the result has been to …
A New Function For Courts - Declaring The Rights Of Parties, Edson R. Sunderland
A New Function For Courts - Declaring The Rights Of Parties, Edson R. Sunderland
Articles
In a recent opinion of the Supreme Court of the United States Justice Holmes makes this interesting observation:- "The foundation of jurisdiction is physical power, although in civilized times it is not necessary to maintain that power throughout proceedings properly begun." Paraphrased, the statement comes to this: In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential.
Trusts And Duties Of Trustees: Instruction Paper, George L. Clark
Trusts And Duties Of Trustees: Instruction Paper, George L. Clark
Books
“Trusts and Duties of Trustees: Instruction Paper” is an overview of the history and current [1912] practice regarding express trusts. Chapters: Chapter I. Origin and Requisites of Expressed Trusts; Chapter II. Nature and Requisites of Express Trusts; Chapter III. Nature of Cestui Que Trust’s Interest; Chapter IV. Resulting and Constructive Trusts; Chapter V. Transfer of Trust Property; Chapter VI. Relinquishment of a Trust; Chapter VII. Duties of a Trustee. Included is an “Examination Paper” for self-testing -- the material is designed to facilitate distance learning under the auspices of the American School of Correspondence based in Chicago, Illinois, as of …