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Articles 61 - 78 of 78
Full-Text Articles in Legal Remedies
A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle
A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle
Michigan Journal of International Law
This article briefly examines the principal expropriatory measures undertaken between 1945 and 1989, the agreements between the two German governments relating thereto, and the divisive constitutional issues raised by this fusion of two antithetical legal systems in the area of property law. The text concludes with an analysis of the German Supreme Court's "Land Reform" decision and the juridical controversy surrounding it.
Restitution And Reform, Dale A. Oesterle
Restitution And Reform, Dale A. Oesterle
Michigan Law Review
A Review of Restitution and Reform by George E. Palmer
Review Of The Law Of Restitution, Whitmore Gray
Review Of The Law Of Restitution, Whitmore Gray
Reviews
The appearance of this excellent treatise is a major step toward a better understanding of the place of restitution in Anglo-American law. The authors' exhaustive treatment of the English case law and the inclusion of much American authority give a perspective on the field which has not previously been available. Like the 1937 Restatement of Restitution, this is a presentation in one volume of legal and equitable remedies for enforcing a substantive right to restitution.' It goes well beyond the uneasy, loose association of the legal and equitable parts of the Restdtement, however, and gives us a unified treatise. Until …
Sec Enforcement Of The Rule I0b-5 Duty To Disclose Material Information-Remedies And The Texas Gulf Sulphur Case, Edmund B. Frost
Sec Enforcement Of The Rule I0b-5 Duty To Disclose Material Information-Remedies And The Texas Gulf Sulphur Case, Edmund B. Frost
Michigan Law Review
On April 16, 1964, the Texas Gulf Sulphur Company announced one of the most significant mineral discoveries of the twentieth century-a major copper and zinc deposit near Timmins, Ontario, found by means of geophysical exploration and exploratory drilling. Unusual market activity prior to this announcement prompted a Securities Exchange Commission (SEC) investigation of insider stock transactions. In April 1965, the SEC brought suit against a group of Texas Gulf insiders, alleging that their purchase of stock on national exchanges before the disclosure of the information concerning the Timmins strike constituted a violation of section 10(b) of the Securities Exchange Act …
Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott
Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott
William & Mary Law Review
No abstract provided.
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 …
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 …
Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst
Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst
Michigan Law Review
This article examines the legislative techniques for taking land, showing their confiscatory operation. For many lawyers, the analysis would then be easily completed: confiscation is wrongful and must be condemned. Rejecting the implicit absolutism of that conclusion, this article inquires into the justifications that can be pleaded on behalf of selective confiscation as an aid in solving some of Latin America's economic and social ills.
Restitution--Quasi-Contract--Non-Conformance With State Building Contractors Licensing Statute As Basis For Denial Of Restitution, Stefan Tucker
Restitution--Quasi-Contract--Non-Conformance With State Building Contractors Licensing Statute As Basis For Denial Of Restitution, Stefan Tucker
Michigan Law Review
Defendants, owners of an apartment building containing stores and living units, contracted with plaintiff to replace the roof of the building. Pursuant to the contract plaintiff replaced the roof, and when defendants refused to pay for the work done, plaintiff sued in the alternative for damages on the contract or for restitution on an implied contract. Defendants moved for dismissal at pre-trial, contending that plaintiff was a residential alteration contractor and as such was required by state statute to have a license in order to bring an action for the collection of compensation. On appeal from pre-trial orders dismissing the …
Restitution - Purchaser's Remedies Where Real Estate Broker Falsely Purports To Be Owner's Agent And Misrepresents Owner's Minimum Price, John W. Simpson
Restitution - Purchaser's Remedies Where Real Estate Broker Falsely Purports To Be Owner's Agent And Misrepresents Owner's Minimum Price, John W. Simpson
Michigan Law Review
Defendant, a licensed real estate broker, represented that he was exclusive agent for the sale of 72 acres of property. Plaintiff made him an offer to purchase at $4,000 per acre, but was later informed by defendant that the owner had rejected the offer, insisting on at least $5,000 per acre. Plaintiff then submitted an offer of $5,000 per acre, which defendant subsequently indicated that the owner had accepted. The deal was consummated with most of the papers handled through a third party employee of defendant. Plaintiff subsequently learned that defendant had never been the agent of the owner, had …
Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.
Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.
Michigan Law Review
The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …
Restitution - Availabilty As An Alternative Remedy Where Plaintiff Has Fully Performed A Contract To Provide Goods Or Services, Jerome K. Walsh Jr.
Restitution - Availabilty As An Alternative Remedy Where Plaintiff Has Fully Performed A Contract To Provide Goods Or Services, Jerome K. Walsh Jr.
Michigan Law Review
It is hornbook law that restitution is sometimes available as an alternative remedy to a party who has suffered a breach of contract after having conferred a benefit on the defaulting party. It is equally clear, however, that in many cases where a benefit has been conferred, the plaintiff may not elect to sue for the value of his performance but is left to his action for damages on the contract. The cases which are concerned with one or the other of the above rules constitute a large portion of the area of the law called Restitution, and no attempt …
Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.
Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.
Michigan Law Review
Plaintiff mining company sued to impose a constructive trust on mineral interests purchased by the defendant employee in breach of his oral agreement with the company. The agreement included a promise to hold any property so acquired in trust for the employer at his election. Ruling that this agreement was unenforceable under the Oklahoma statute of frauds, the trial court relied on the defendant's status as an ordinary employee without duties relating to the acquisition of mineral interests or access to confidential information, and gave judgment for the defendant. On appeal, held, affirmed. Without proof of positive fraud or …
Corporations - Shareholders - Majority Liability For Improper Stock Redemption By Corporation And For Misrepresentations In Private Stock Purchases From Minority Holders, James M. Tobin
Michigan Law Review
In 1942 a seemingly innocuous suit was brought against the Axton-Fisher Tobacco Corporation to determine the propriety of the alteration of a stock redemption. In 1955 Judge Leahy of the Federal District Court for Delaware handed down an opinion on the damages and relief to be given in the case in what he hopefully termed was the final phase of this famous litigation. It is the purpose of this comment to appraise the basis of the recovery allowed by Judge Leahy. Two readily distinguishable problems will be treated: (1) the nature of relief from a stock redemption called by fiduciaries …
Restitution - Recission - Measure Of Restitution Required Of Rescinding Vendee Of Executed Land Contract, Donald W. Shaffer S.Ed.
Restitution - Recission - Measure Of Restitution Required Of Rescinding Vendee Of Executed Land Contract, Donald W. Shaffer S.Ed.
Michigan Law Review
Plaintiff vendee sought to rescind an executed contract for the sale of an inn, alleging fraud in the inducement. The lower court granted rescission and ordered repayment to the plaintiff of that part of the purchase price already paid over to defendant- vendor, less $2,500, which was found to be the fair or reasonable rental value for the period of the plaintiff's possession. Both parties appealed, defendant claiming a higher rental figure and plaintiff asserting that no rental should be allowed. Held, the plaintiff should be charged rent measured by the value of the benefits which accrued to him …
Restitution - Fraud - Prospective Vendee's Rights Against Broker, Stephen C. Bransdorfer S.Ed.
Restitution - Fraud - Prospective Vendee's Rights Against Broker, Stephen C. Bransdorfer S.Ed.
Michigan Law Review
Defendant was retained as a real estate agent by the vendor. He listed the vendor's eighty acres and buildings for sale. Plaintiff, a prospective purchaser, offered $7,000 for the property. Defendant failed to transmit this offer to the vendor and, instead, fraudulently caused the vendor to convey to two strawmen, as purported purchasers, for $6,500. After the defendant had falsely told the plaintiff that the latter's offer for the whole tract had been rejected, plaintiff purchased seventeen acres, including the buildings, for $6,000, an admittedly fair price. The strawmen conveyed the remaining sixty-three acres to the defendant's son, defendant giving …
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.
Practice And Procedure - Conditional Judgments At Law - Validity And Advantages
Practice And Procedure - Conditional Judgments At Law - Validity And Advantages
Michigan Law Review
Some modern courts have asserted and many lawyers have assumed that in common law actions a court can not render a judgment conditional in form. It is argued that the court is without jurisdiction so to decide a case, and that in any event the common law has never recognized such a form of judgment as valid. The first point is not so difficult to disprove, and the second, so far as actual decision is concerned, is clearly incorrect." In several early cases common law courts were willing not only to stay execution of judgments until conditions were performed, but …