By M P Furmston

Cheshire, Fifoot & Furmston's legislations of Contract stands as one of many vintage textbooks on agreement legislation greater than 50 years after the book of the 1st edition.

Michael Furmston combines an authoritative account of the foundations of the legislation of agreement with thought-provoking research and insights, and the readability of the narrative brings figuring out of complicated contractual matters to a much wider readership.

each one subject is obviously signposted for ease of navigation, and the textual content includes a variety of references to extra basic and secondary assets to take the reader even additional into the subject.

The textual content is helpful to scholars interpreting classes in agreement, the legislations of tasks, and customary legislation and is usually used as a primary element of reference for practitioners.

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Example text

In fact, See practiced in a War on the Common Law | 39 Chicago law firm before joining the faculty of the University of Alabama law school, where he taught for twenty years, and had been admitted to practice in Alabama without having to take the bar exam. But the TV commercial was nothing compared to the radio campaign. A group calling itself the Committee for Family Values ran a radio ad stating, “See abandoned his wife and two children, had an office love affair, got divorced, and fled Illinois for Alabama”—allegations taken from papers in a twenty-year-old child custody dispute.

It is impossible not to suspect that the plaintiff concocted the injury to stay home from work and get rich through litigation—and that a silly judiciary helped her get away with it. Ironically, the case is really about the fact that Vandevender wanted to work and Sheetz did not want her to. And the bona fides of her injury seem validated by her back surgery. Of course, we cannot know some things with certainty. Did Vandevender genuinely hurt her back at work rather than at home? If the latter, was she attempting to get Sheetz’s workers’ compensation insurance to pay for a previous condition?

The Supreme Court of Appeals of West Virginia held that Sheetz’s conduct in firing and refusing to rehire Vandevender fell more “into a category of reckless disregard” of her rights than of malice or an intent to cause her harm. It held that while punitive damages were justified, the ratio of punitive damages to compensatory damages for this portion of the case should not exceed a ratio of five to one. The appellate court, however, found that Sheetz’s patterns of conduct on the day Vandevender actually returned to work—Imler’s pretended ignorance of Vandevender’s recent medical exam, her insistence that Vandevender have another exam by the end of the week, her refusal to recognize Vandevender’s medical restrictions, and her directing Vandevender to engage in strenuous work—“suggest a mean-spirited intent to punish” Vandevender for filing a worker’s compensation claim against Sheetz, and the court refused to reduce any of the punitive damages assessed for this part of the case.

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