Impossibility in Conspiracy
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The Economic Implications of the Doctrine of Impossibility, 26 Hastings L.J
Hastings Law Journal Volume 26 | Issue 5 Article 5 1-1975 The conomicE Implications of the Doctrine of Impossibility Stephen S. Ashley Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Stephen S. Ashley, The Economic Implications of the Doctrine of Impossibility, 26 Hastings L.J. 1251 (1975). Available at: https://repository.uchastings.edu/hastings_law_journal/vol26/iss5/5 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. THE ECONOMIC IMPLICATIONS OF THE DOCTRINE OF IMPOSSIBILITY If one accepts as a norm Cardozo's maxim that "[t]he final cause of law is the welfare of society,"' economic theory may provide a useful basis for evaluating the social consequences of legal doctrines. This note will demonstrate the usefulness of applying an economic analysis to the doctrine of impossibility of contract performance, the legal prin- ciple applied to contract disputes which arise when an unforeseen catas- trophe prevents performance of a contract whose terms do not allocate the risk of that catastrophe. The traditional legal analysis, by limiting its view to the allocation of losses which have already occurred and by ignoring the problem of assigning the risk of future losses, has pro- duced inconsistent and arbitrary risk assignments, to society's detri- ment. The proposals of other legal writers would have the same effect. This note will demonstrate through an economic analysis that the law should allocate the risk of disruption unequivocally to the party better able to insure against the risk, subject to reassignment by the parties in their contract. -
The Unnecessary Crime of Conspiracy
California Law Review VOL. 61 SEPTEMBER 1973 No. 5 The Unnecessary Crime of Conspiracy Phillip E. Johnson* The literature on the subject of criminal conspiracy reflects a sort of rough consensus. Conspiracy, it is generally said, is a necessary doctrine in some respects, but also one that is overbroad and invites abuse. Conspiracy has been thought to be necessary for one or both of two reasons. First, it is said that a separate offense of conspiracy is useful to supplement the generally restrictive law of attempts. Plot- ters who are arrested before they can carry out their dangerous schemes may be convicted of conspiracy even though they did not go far enough towards completion of their criminal plan to be guilty of attempt.' Second, conspiracy is said to be a vital legal weapon in the prosecu- tion of "organized crime," however defined.' As Mr. Justice Jackson put it, "the basic conspiracy principle has some place in modem crimi- nal law, because to unite, back of a criniinal purpose, the strength, op- Professor of Law, University of California, Berkeley. A.B., Harvard Uni- versity, 1961; J.D., University of Chicago, 1965. 1. The most cogent statement of this point is in Note, 14 U. OF TORONTO FACULTY OF LAW REv. 56, 61-62 (1956): "Since we are fettered by an unrealistic law of criminal attempts, overbalanced in favour of external acts, awaiting the lit match or the cocked and aimed pistol, the law of criminal conspiracy has been em- ployed to fill the gap." See also MODEL PENAL CODE § 5.03, Comment at 96-97 (Tent. -
Contracts - Impossibility Existing at the Time of the Formation of the Contract No Defense
DePaul Law Review Volume 7 Issue 1 Fall-Winter 1957 Article 12 Contracts - Impossibility Existing at the Time of the Formation of the Contract No Defense DePaul College of Law Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation DePaul College of Law, Contracts - Impossibility Existing at the Time of the Formation of the Contract No Defense, 7 DePaul L. Rev. 114 (1957) Available at: https://via.library.depaul.edu/law-review/vol7/iss1/12 This Case Notes is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. I "9t DE PAUL LAW REVIEW with other issues, i.e., the statute controlling licensing of the exhibiting of motion pictures, 17 and a criminal statute.' 8 In any event, the court held that "nudity in itself and without lewdness or dirtiness is not obscenity in law or in common sense"' 9 and appears not to adhere to the possible ex- tension of obscenity to that which provokes lustful or lascivious thoughts, as it quotes the following from the decision rendered in People v. Muller: If the test of obscenity or indecency in a picture or statue is its capability of suggesting impure thoughts, then indeed all such representations might be con- sidered as indecent or obscene. 20 That the decisions of the Supreme Court in Roth and Alberts have crystallized some of the concepts and removed many of the ambiguities existing in the treatment of obscene publications is evident. -
False Statements and Perjury: a Sketch of Federal Criminal Law
False Statements and Perjury: A Sketch of Federal Criminal Law Charles Doyle Senior Specialist in American Public Law May 11, 2018 Congressional Research Service 7-5700 www.crs.gov 98-807 False Statements and Perjury: A Sketch of Federal Criminal Law Summary Federal courts, Congress, and federal agencies rely upon truthful information in order to make informed decisions. Federal law therefore proscribes providing the federal courts, Congress, or federal agencies with false information. The prohibition takes four forms: false statements; perjury in judicial proceedings; perjury in other contexts; and subornation of perjury. Section 1001 of Title 18 of the United States Code, the general false statement statute, outlaws material false statements in matters within the jurisdiction of a federal agency or department. It reaches false statements in federal court and grand jury sessions as well as congressional hearings and administrative matters but not the statements of advocates or parties in court proceedings. Under Section 1001, a statement is a crime if it is false regardless of whether it is made under oath. In contrast, an oath is the hallmark of the three perjury statutes in Title 18. The oldest, Section 1621, condemns presenting material false statements under oath in federal official proceedings. Section 1623 of the same title prohibits presenting material false statements under oath in federal court proceedings, although it lacks some of Section 1621’s traditional procedural features, such as a two-witness requirement. Subornation of perjury, barred in Section 1622, consists of inducing another to commit perjury. All four sections carry a penalty of imprisonment for not more than five years, although Section 1001 is punishable by imprisonment for not more than eight years when the offense involves terrorism or one of the various federal sex offenses. -
Restoring Peace in the Battle of the Forms: a Framework for Making Uniform Commercial Code Section 2-207 Work, 69 N.C
NORTH CAROLINA LAW REVIEW Volume 69 | Number 3 Article 3 3-1-1991 Restoring Peace in the Battle of the orF ms: A Framework for Making Uniform Commercial Code Section 2-207 Work Caroline N. Brown Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Caroline N. Brown, Restoring Peace in the Battle of the Forms: A Framework for Making Uniform Commercial Code Section 2-207 Work, 69 N.C. L. Rev. 893 (1991). Available at: http://scholarship.law.unc.edu/nclr/vol69/iss3/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. RESTORING PEACE IN THE BATTLE OF THE FORMS: A FRAMEWORK FOR MAKING UNIFORM COMMERCIAL CODE SECTION 2-207 WORK CAROLINE N. BROWN* The promulgation of Uniform Commercial Code section 2-207 led to a host of difficulties in interpretationand application. In this Article, ProfessorBrown argues that many of the problems associatedwith sec- tion 2-207 are avoided when one interpretsthe statute in light of its pre- Code foundation. Relying upon the commercial context and analogy to section 2-206(1)(b), she demonstrates that section 2-207 represents the latitude in acceptance implicitly extended by the offeror in the special context ofform contracts. She concludes that most additionalterms in the offeree's form automatically become part of the contract, limiting the "materialalteration" exclusion of subsection (2)(b) to terms which would be substantially surprising to the offeror. -
Attempt, Conspiracy, and Solicitation
CHAPTER SEVEN: ATTEMPT, CONSPIRACY, AND SOLICITATION INTRODUCTION This chapter will focus on inchoate crimes: attempt, conspiracy, and solicitation. The New York Penal Law provides defenses to these crimes. The defense is called renunciation and will be discussed at the end of this chapter. ATTEMPT Article 110 of the Penal Law defines the crime of attempt. As the textbook indicates, three elements of attempt are required: a requisite intent to commit a specific underlying offense, an act toward the commission of the crime, and a failure to commit the act. The first two elements must be proven by the prosecution beyond a reasonable doubt. A detail of the elements required to prove attempt are established by statute and are detailed in the case law, which will be discussed shortly. Section 110.00, Attempt to commit a crime, states: A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime. Attempt is graded into degrees of punishment which are dependent upon the severity of the attempted crime. Section 110.05, Attempt to commit a crime; punishment, states: An attempt to commit a crime is a: 1. Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the first degree, criminal possession of a chemical or biological weapon in the first degree or criminal use of a chemical or biological weapon in the first degree; 2. -
Impediment, Hardship, and the Excuse Doctrines
Pace International Law Review Volume 27 Issue 1 Commercial Edition Article 5 Spring 2015 April 2015 Contractual Excuse Under the CISG: Impediment, Hardship, and the Excuse Doctrines Larry A. DiMatteo Warrington College of Business Administration Follow this and additional works at: https://digitalcommons.pace.edu/pilr Part of the Comparative and Foreign Law Commons, Contracts Commons, International Law Commons, and the International Trade Law Commons Recommended Citation Larry A. DiMatteo, Contractual Excuse Under the CISG: Impediment, Hardship, and the Excuse Doctrines, 27 Pace Int'l L. Rev. 258 (2015) Available at: https://digitalcommons.pace.edu/pilr/vol27/iss1/5 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. 5. PROFESSOR LARRY DIMATTEO.DOCX (DO NOT DELETE) 4/29/15 5:20 PM CONTRACTUAL EXCUSE UNDER THE CISG: IMPEDIMENT, HARDSHIP, AND THE EXCUSE DOCTRINES Larry A. DiMatteo * I. Introduction II. Hardship in German and American Law a. German Notion of Changed Circumstances b. Doctrine of Impracticability in American Law III. EXCUSE AND HARDSHIP UNDER PICC AND PECL a. PICC b. PECL IV. APPLICATION OF EXCUSE AND HARDSHIP UNDER CISG ARTICLE 79: IMPOSSIBILITY AND HARDSHIP a. CISG Article 79 b. Is Impossibility or Act of God Always an Im- pediment under Article 79? c. Hardship as Excuse: Scope of Article 79 d. Argument for Hardship as Article 79 Excuse V. CISG JURISPRUDENCE: IMPOSSIBILITY AND FORESEEABILITY a. -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
False Statements and Perjury: an Overview of Federal Criminal Law
False Statements and Perjury: An Overview of Federal Criminal Law Charles Doyle Senior Specialist in American Public Law May 11, 2018 Congressional Research Service 7-5700 www.crs.gov 98-808 False Statements and Perjury: An Overview of Federal Criminal Law Summary Federal courts, Congress, and federal agencies rely upon truthful information in order to make informed decisions. Federal law therefore proscribes providing the federal courts, Congress, or federal agencies with false information. The prohibition takes four forms: false statements; perjury in judicial proceedings; perjury in other contexts; and subornation of perjury. Section 1001 of Title 18 of the United States Code, the general false statement statute, outlaws material false statements in matters within the jurisdiction of a federal agency or department. It reaches false statements in federal court and grand jury sessions as well as congressional hearings and administrative matters but not the statements of advocates or parties in court proceedings. Under Section 1001, a statement is a crime if it is false, regardless of whether it is made under oath. In contrast, an oath is the hallmark of the three perjury statutes in Title 18. The oldest, Section 1621, condemns presenting material false statements under oath in federal official proceedings. Section 1623 of the same title prohibits presenting material false statements under oath in federal court proceedings, although it lacks some of Section 1621’s traditional procedural features, such as a two-witness requirement. Subornation of perjury, barred in Section 1622, consists of inducing another to commit perjury. All four sections carry a penalty of imprisonment for not more than five years, although Section 1001 is punishable by imprisonment for not more than eight years when the offense involves terrorism or one of the various federal sex offenses. -
In Defense of the Impossibility Defense Gerhard Wagner Georg-August University of Goettingen
Loyola University Chicago Law Journal Volume 27 Article 4 Issue 1 Fall 1995 1995 In Defense of the Impossibility Defense Gerhard Wagner Georg-August University of Goettingen Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Contracts Commons Recommended Citation Gerhard Wagner, In Defense of the Impossibility Defense, 27 Loy. U. Chi. L. J. 55 (1995). Available at: http://lawecommons.luc.edu/luclj/vol27/iss1/4 This Essay is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Essay In Defense of the Impossibility Defense GerhardWagner* I. INTRODUCTION Generally, the common law follows the rule of pacta sunt servanda' under which contractual obligations are absolutely binding on the parties. 2 The impossibility defense is an exception to this general rule.3 Under the impossibility defense, a promisor may default with- out incurring liability for the promisee's expectation damages.4 * Akademischer Rat (Junior Lecturer) at Georg-August University of Goettingen, Germany; J.D., 1989, University of Goettingen; L.L.M., 1995, University of Chicago. The author is deeply indebted to Richard Craswell of the University of Chicago Law School for many helpful comments on an earlier draft of this Essay. 1. "Pacta sunt servanda" means "agreements (and stipulations) of the parties (to a contract) must be observed." BLACK'S LAW DICTIONARY 1109 (6th ed. 1990). 2. For an erudite discussion of pacta sunt servanda, see generally Richard Hyland, Pacta Sunt Servanda: A Meditation, 34 VA. -
Conspiracy and Attempts Consultation
The Law Commission Consultation Paper No 183 CONSPIRACY AND ATTEMPTS A Consultation Paper The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Etherton, Chairman Mr Stuart Bridge Mr David Hertzell Professor Jeremy Horder Kenneth Parker QC Professor Martin Partington CBE is Special Consultant to the Law Commission responsible for housing law reform. The Chief Executive of the Law Commission is Steve Humphreys and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This consultation paper, completed on 17 September 2007, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. The Law Commission would be grateful for comments on its proposals before 31 January 2008. Comments may be sent either – By post to: David Hughes Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ Tel: 020-7453-1212 Fax: 020-7453-1297 By email to: [email protected] It would be helpful if, where possible, comments sent by post could also be sent on disk, or by email to the above address, in any commonly used format. We will treat all responses as public documents in accordance with the Freedom of Information Act and we will include a list of all respondents' names in any final report we publish. Those who wish to submit a confidential response should contact the Commission before sending the response. We will disregard automatic confidentiality disclaimers generated by an IT system. -
Chapter 6 CHAPTER 6: PARTIES to CRIME and VICARIOUS LIABILITY
Chapter 6 CHAPTER 6: PARTIES TO CRIME AND VICARIOUS LIABILITY INTRODUCTION A person can be criminally liable for the acts of another if they are a party to the offense. For instance, the driver of the get-away car is guilty of the armed robbery of a store even though the driver never left the car, and the entire robbery itself was committed by others. Although the term “accomplice” is similar in meaning, the key statutes in the TPC treat this under the concept of a “party” to the crime. Like most jurisdictions, Texas has abolished the old common law distinctions between principles, accessories, etc. that are discussed at the beginning of ch. 6 in your text. Most of this law is covered in TPC ch. 7 “Criminal Responsibility for the Conduct of Another.” This ch. is available at http://www.capitol.state.tx.us/statutes/docs/PE/content/word/pe.002.00.000007.00.doc Vicarious liability also makes a person liable for the criminal acts of others. Unlike the liability of a party or accomplice, a person can be vicariously liable even though they had no involvement in the crime and committed no act and had no culpable mental states.. Vicarious liability is premised on the relationship between the actual offender and the defendant. The most common form of vicarious liability involves making the owner of a business responsible for the acts of employees. A person can be involved in the crime of another because of their acts before, during or after the crime. The discussion below is organized in this fashion.