Search results
Results from the WOW.Com Content Network
Walker, 66 Mich. 568, 33 N.W. 919 (Mich. 1887), [1] was a case that has played an important role in the evolution of American contract law involving the doctrine of mutual mistake. One of the main issues in the case was whether the remedy of rescission is available if both parties to a contract share a misunderstanding about an essential fact. [2]
When it did, in Southland Corp. v. Keating, [18] then-Chief Justice Warren Burger wrote for a 7-2 majority that not only upheld Prima Paint but held that the law applied to arbitration clauses in contracts executed under state law as well. Justices Rehnquist and O'Connor dissented, as they would in subsequent cases where the court upheld that ...
Laidlaw has been recognized by U.S. legal scholars as a central case in the history of U.S. contract law. It was "one of the first cases to come before the [Supreme] Court involving a contract for future delivery of a commodity." [1] It is also the first case to start to articulate a doctrine of forbidding active concealment.
Caperton v. A. T. Massey Coal Co., 556 U.S. 868 (2009), is a case in which the United States Supreme Court held that the Due Process Clause of the Fourteenth Amendment requires judges to recuse themselves not only when actual bias has been demonstrated or when the judge has an economic interest in the outcome of the case but also when "extreme facts" create a "probability of bias."
The Supreme Court of Oklahoma found that, while the coal company breached its contract with the Peevyhouses, Garland did not have to fix the property nor pay for the work necessary to restore the land, but instead could just pay the Peevyhouses for the difference in land value. The land, while destroyed, had only lost $300 in value.
Louisiana, 165 U.S. 578 (1897), was a landmark case of the Supreme Court of the United States in which a unanimous bench struck down a Louisiana statute for violating an individual's liberty of contract. [1] It was the first case in which the Supreme Court interpreted the word liberty in the Due Process Clause of the Fourteenth Amendment to ...
RE Barnett, The Oxford Introductions to U.S. Law: Contracts (2010). MA Chirelstein, Concepts and Case Analysis in the Law of Contracts (6th edn 2010) EA Farnsworth, Contracts (2008) LL Fuller, MA Eisenberg and MP Gergen Basic Contract Law (9th edn 2013) CL Knapp, NM Crystal and HG Prince, Problems in Contract Law: Cases and Materials (7th edn ...
Securities and Exchange Commission v. W. J. Howey Co., 328 U.S. 293 (1946), was a case in which the Supreme Court of the United States held that the offer of a land sales and service contract was an "investment contract" within the meaning of the Securities Act of 1933 (15 U.S.C. § 77b) and that the use of the mails and interstate commerce in the offer and sale of these securities was a ...