Legal Remedies Commons^™

Process--Defects--Objections And Waiver, G. M. S.

West Virginia Law Review

No abstract provided.

Defeasance As A Restrictive Device In Michigan, William F. Fratcher

Michigan Law Review

Quite apart from any question of their validity, the imposition of use restrictions by means of a prohibition was not practicable before the development of equitable remedies because the common law afforded no method of enforcing such a prohibition. One who conveyed land in violation of a prohibition on alienation might attempt to enforce the prohibition by attacking the validity of his own conveyance but one who violated a prohibition on use had neither motive nor method for challenging his own acts. Hence attempts to restrict use by common law devices are necessarily confined to penalty restraints and to limitations …

The Treble Damage Bonanza: New Doctrines Of Damages In Private Antitrust Suits, Homer Clark

Michigan Law Review

Section 7 of the Sherman Act, as amended by section 4 of the Clayton Act, gives a private right of action for treble damages to persons injured "in . . .business or property by reason of anything forbidden in the antitrust laws. . . ." The lucrative possibilities of this section for plaintiffs and their attorneys have recently received sufficient notoriety to arouse curiosity concerning the legal doctrines involved.

The purposes of the section have been said to include compensation for those affected by violations, prevention of violations, and assistance for the government in discovering and bringing before the courts …

Torts - Child's Right To Recover For Alienation Of Parent's Affection, Marvin O. Young S.Ed.

Michigan Law Review

Plaintiff's parents were divorced in 1934 when plaintiff was five years old. Custody of plaintiff was awarded to her mother, but plaintiff alleged that she received "usual paternal love, affection, maintenance, and support" from her father until 1941, when plaintiff's father took defendant as his mistress, keeping her until his death in 1952. Plaintiff brought this action for damages on the theory that defendant alienated the affections of her father, thereby depriving plaintiff of fatherly affection, guidance and support. Defendant's demurrer was overruled by the trial court. On appeal, held, reversed. In the absence of a statute, a child …

Equity-Injunction Against Establishment Of Funeral Home Inresidential District As "Nuisance In Fact." [Louisiana]

Washington and Lee Law Review

No abstract provided.

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 …

Damages-Power Of Court To Allow Defendant To Avoid Newtrial By Paying Plaintiff More Than Inadequate Damagesverdict. [California]

Washington and Lee Law Review

No abstract provided.

Book Reviews, Jerome Frank, Edmond Cahn, Jay Wesley Murphy, Delmar Karlen, Lehan K. Tunks, Thomas A. Thomas, John W. Wade, Robert C. Bensing, Ralph R. Neuhoff, Allan D. Vestal, Edward D. Re, Thomas I. Emerson, John J. Parker

Journal of Legal Education

No abstract provided.

Relief For Vendee From Vendor's Strike, Warren D. Langer

Cleveland State Law Review

While all persons affected by strikes do not have an available remedy, there are many situations where rights and actions have not been exercised and innocent persons have suffered although the necessity of doing so has been precluded by our existing laws. In the first remedy, breach of contract, an injured vendee may maintain an action either against a vendor who fails to protect himself by an appropriate strike clause or a vendor who willfully breaches a contract and then attempts to utilize the fact of a strike as a defense. The second remedy, an action against the striking union, …

Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi

Cleveland State Law Review

An improved, workable, and sensible test for "excessiveness" in the area of personal injury awards must be established. It is fairly easy to confuse "excessive" with the concept of "large" or "high" awards. In some particular instances perhaps relatively larger or higher awards are proper in today's economy. But, the bulk of over a million injury cases is at a level fairly easy to classify and thereby to compensate properly. When proper standards are established, then awards become excessive when they go beyond this just and equitable measure. Classifications and guides for the vast majority of personal injury claims will …

Damages-Recovery For Loss Of Use Of Damaged Automobile During Abnormal Period Required For Repair [Parsons V. Lambert, Miss. 1950]

Washington and Lee Law Review

No abstract provided.

Damages-Application Of American And English Rules For Measure Of Damages For Breach Of Contract To Sell Land [Raisor V. Jackson, Ky. 1950]

Washington and Lee Law Review

No abstract provided.

Indemnification Before Payment--A New Remedy For The Surety?, T. A. Smedley

Kentucky Law Journal

No abstract provided.

Remedies For Intruding Branches And Roots--Sterling V. Weinstein, Robert C. Moffit

Kentucky Law Journal

No abstract provided.

Equity, Charles J. Hilkey, Robert H. Hall

Mercer Law Review

Although the cases decided in Equity during the survey period suggest little that is new, yet some of them contain excellent restatements of the principles and doctrines of chancery and in some instances their application to new and interesting factual situations. In a few cases new rules were formulated. Some attempt will be made to connect the conclusions reached in these cases with those found in older cases in Georgia and, in certain instances, with those reached in other jurisdictions.

Constitutional Law—Damages Judgment For Breach Of Racial Restrictive Covenant As Violation Of Fourteenth Amendment. [Weiss V. Leaon, Mo. 1949]

Washington and Lee Law Review

No abstract provided.

Procedure-Divisibility Of Right To Recover Damages For Injury To Person And Property Sustained In Same Accident [Carter V. Hinkle, Va. 1949]

Washington and Lee Law Review

No abstract provided.

Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile

Washington and Lee Law Review

No abstract provided.

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 …

Judicial Control Of Administrative Action By Means Of The Extraordinary Remedies In Minnesota, John A. Bauman, Stefan A. Riesenfeld, Richard C. Maxwell

Articles by Maurer Faculty

No abstract provided.

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.

Damages-Extent To Which Earnings Of Employee After Wrongful Discharge Apply In Mitigation Of Damages For Breach Of Contract

Washington and Lee Law Review

No abstract provided.

Damages-Measure Of Damages In Contract And Tort Actions For Destruction Of Growing Crops

Washington and Lee Law Review

No abstract provided.

Labor Law-Availability Of Injunctive Relief Against Peaceful Picketing Under Illegal Purpose Doctrine

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.

Damages-Counsel Fees As Item Of Damages For Malicious Inducement Of Breach Of Contract. [Federal]

Washington and Lee Law Review

No abstract provided.

Habeas Corpus: Exhaustion Of State Remedies In Indiana

Indiana Law Journal

Notes and Comments: Habeas Corpus

Equity, Ben F. Small Jr.

Indiana Law Journal

No abstract provided.

Mandamus To Compel A Change Of Venue, John E. Howe

Kentucky Law Journal

No abstract provided.

Mandatory Injunction: As A Remedy Of A Reversioner For Waste Committed By A Tenant, Howard E. Trent Jr.

Kentucky Law Journal

No abstract provided.