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]
Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark U.S. Supreme Court decision in which the Court held that the United States does not have a general federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that do not involve federal questions.
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. [ 2 ] [ 3 ] Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. [ 4 ]
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used ...
Restitution in English law; Landmark Cases in the Law of Restitution (2006) by Charles Mitchell and Paul Mitchell; Landmark Cases in the Law of Tort (2010) by Charles Mitchell and Paul Mitchell; Landmark Cases in Family Law (2011) by Stephen Gilmore, Jonathan Herring and Rebecca Probert; Landmark Cases in Equity (2012) by Charles Mitchell and ...
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 Aspen 2012) Books. OW Holmes, The Common Law (1890) chs 7-9
One of the central themes of the cases prior to the landmark decision in Commonwealth vs. Hunt was the applicability of the English common law in post-revolutionary America. Whether the English common law applied—and in particular whether the common law notion that a conspiracy to raise wages was illegal applied—was frequently the subject ...
The defense counsel had argued that there was no duty imposed on the defendant to be responsible for the exercise of any given degree of care, in contrast to the duty of care imposed on common carriers and bailees, or under an implied contract. This case was decided during a transitional period in the history of the common law rule on ...