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This page was last edited on 23 November 2009, at 17:41 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply.
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]
Sherman Act claims are arbitrable, even when contract calls for arbitration before a foreign panel. Shearson/American Express Inc. v. McMahon, 482 U.S. 220 (1987). Securities fraud claims under the Securities Exchange Act of 1934 are arbitrable. Perry v. Thomas, 482 U.S. 483 (1987) Volt Inf. Sciences v. Stanford Univ., 489 U.S. 468 (1989 ...
Jacob & Youngs, Inc. v. Kent, 230 N.Y. 239 (1921) is an American contract law case of the New York Court of Appeals with a majority opinion by Judge Benjamin N. Cardozo.The case addresses several contract principles including applying the doctrine of substantial performance in preventing forfeiture and determining the appropriate remedy following a partial or defective performance.
AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), is a legal dispute that was decided by the United States Supreme Court. [1] [2] On April 27, 2011, the Court ruled, by a 5–4 margin, that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class-wide arbitration, such as the law previously upheld by the California Supreme Court in the case of ...
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
The Moorcock 14 P.D. 64 (1889): the concept of implied terms in contract law. Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256: establishing the test for formation of a contract. Dunlop Pneumatic Tyre v Selfridge and Co. Ltd. [1915] A.C. 847: confirming privity of contract: only a party to a contract can be sued on it. (This principle was ...
Case history; Prior: On appeal from the Circuit Court of the United States for the District of Kentucky: Holding; Where a river is said to be the boundary between two states, the boundary properly extended to the low water mark of the opposite shore and no higher; plaintiff's motion of ejectment based on title granted by the state of Kentucky was denied.
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