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The courts have largely abandoned the Lochner era approach (c. 1897–1937), when substantive due process was used to strike down minimum wage and labor laws to protect freedom of contract. Since then, the Supreme Court has decided that the Constitution protects numerous other freedoms, even if they are not in the text.
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.
Kent 230 N.Y. 239 (1921) — The New York Court of Appeals ruled that a contracted homebuilder was entitled to full payment without tearing down and rebuilding the residence, simply because within it he had installed piping equal to, though a different brand name than, that which had been agreed upon in the contract.
The Supreme Court has formulated a balancing test to determine the rigor with which the requirements of procedural due process should be applied to a particular deprivation, for the obvious reason that mandating such requirements in the most expansive way for even the most minor deprivations would bring the machinery of government to a halt ...
The De Havilland Law, [1] formally De Haviland v. Warner Bros. Pictures, is a published judicial opinion interpreting California Labor Code Section 2855, [2] a California law which prevents a court from enforcing specific performance of an exclusive personal services contract (i.e., contracts creating a non-delegable duty on the part of an individual to another party, and no other, to render ...
A second legal challenge to the award of a $45 billion contract for environmental cleanup work at the Hanford nuclear site in Eastern Washington has been denied.. U.S. Judge Marian Blank Horn ...
The optician plaintiff brought suit to have a 1953 Oklahoma law declared unconstitutional and to enjoin state officials from enforcing it. The law at issue (59 Okla. Stat. Ann. §§ 941–947, Okla. Laws 1953, c. 13, §§ 2–8) contained provisions making it unlawful for any person not a licensed optometrist or ophthalmologist to fit lenses to a face or to duplicate or replace into frames ...
Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of unconscionability as a defense to enforcement of contracts in American contract law. As a staple of first-year law school contract law courses, it has been briefed extensively. [1] [2]