Verified Document

Palsgraf V. Long Island Railroad Term Paper

The appellant could not have reasonably foreseen the danger that the dropped package posed to the respondent, therefore the claim of negligence is unsupported by the facts. HOLDING: Judgment reversed.

Lucy v. Zehmer, 196 Va. 493, 84 S.E.2d 516 (1954)

FACTS:

While both parties had been drinking, Lucy offered $50,000 to Zehmer for a farm.

In an effort to force Lucy to reveal that he did not have $50,000, Zehmer wrote up a contract for sale of the property and had his wife sign it.

When Lucy attempted to pay Zehmer the asking price, Zehmer refused despite admitting the price was more than fair.

Lucy sued Zehmer for specific performance and the lower court found in favor of Zehmer.

Lucy appealed to the Virginia Supreme Court.

ISSUE: Intentions hidden from other parties to a contract are irrelevant to whether a contract is valid (17 C.J.S., Contracts, § 133 b., p. 483; Taliaferro v. Emery, 124 Va. 674, 98 S.E. 627; First Nat. Bank v. Roanoke Oil Co., 169 VA. 99, 114, 192 S.E....

764, 770). In the absence of fraud, misrepresentation, sharp dealing, or other forms of inequity, specific performance is typically awarded through the court's discretion (Bond v. Crawford, 193 Va. 437, 444, 69 S.E.(2d) 470, 475). Enforcement of court-ordered specific performance is indirect, through mechanisms such as contempt of court.
REASONING: According to the Court, the respondent's argument that he was too drunk to understand that the contract was valid was unsupported by the evidence. The same was concluded by the Court regarding respondent's claim that the contract was made in jest, because hidden intentions are irrelevant in contract law. Given the good faith conduct of the appellant, and the respondent's admission that the price was fair, there is no basis for claims of fraud, misrepresentation, sharp dealing or any other form of inequity, therefore the court ordered specific performance.

HOLDING: Reversed and remanded.

References

Lucy v. Zehmer, 196 Va. 493; 84 S.E.2d 516; 1954 Va. LEXIS 244.

Palsgraf…

Sources used in this document:
References

Lucy v. Zehmer, 196 Va. 493; 84 S.E.2d 516; 1954 Va. LEXIS 244.

Palsgraf v. Long Island RR, 248 N.Y. 339; 162 N.E. 99; 1928 N.Y. LEXIS 1269; 59 a.L.R. 1253.
Cite this Document:
Copy Bibliography Citation

Related Documents

Railroad Policy Analysis the National Railroad System
Words: 6495 Length: 25 Document Type: Term Paper

Railroad Policy Analysis The national railroad system has been a tremendous asset to this country since its debut. Without the iron horse, our country would not have developed the means for transporting large quantities of goods from coast to coast. The changing of time has created many technological changes for the rail industry, but to a great extent these changes have been slow to be implemented. Additionally, the nation has undergone

Railroad Maps Describe the Economic Opportunities Beckoning
Words: 631 Length: 2 Document Type: Essay

Railroad Maps Describe the economic opportunities beckoning newcomers in all regions of the country as a result of industrialization, urbanization, and immigration. The expansion of the nation's railroads by 1870, helped to fuel a tremendous amount of economic growth westward. as, the nation was rapidly developing regions that were considered to be difficult due to: adverse weather conditions, vast distances and the possibility of violence from Indian attacks. Once the railroad was

Railroad Land Grants: Economically Justified The American
Words: 951 Length: 3 Document Type: Term Paper

Railroad Land Grants: Economically Justified? The American government's land grant policy and provision of subsidies to private railroad companies in the nineteenth century has been the subject of much discussion by historians and economists alike. However, few writers have examined the economic issues involved in the subsidies in detail, leading at times to the wrong conclusions. Lloyd J. Mercer, a Professor of Economics at the University of California (Santa Barbara) is

Railroad Expansion the New World
Words: 978 Length: 3 Document Type: Essay

Urbanization is changing the way people live and work in America. With higher population density, residents are creating economies of scale that allow greater access to goods from around the world at competitive prices. All the cities of the Eastern United States are linked via trade routes to the Old World and beyond, introducing items ranging from spices and food to luxury goods. The American trade industry is booming so

Railroads Trains
Words: 2210 Length: 8 Document Type: Term Paper

Social, Economic and Political Results From Railroad Development in the United States In the span of about fifty years in the middle of the 19th Century, the United States changed from a vast country separated by wide, empty spaces to a country connected by railroads. In the process, the railroads affected the social and economic development of the country and had major effects on some of the most important political events

Railroad Industry the Modern Day
Words: 1567 Length: 5 Document Type: Term Paper

" The U.S. railroads stated featherbedding bill figures to be approximately $500 million a year. (Time & CNN, 1959; paraphrased) Summary and Conclusion One cannot presume to visit any city or town in the United States in today's world without seeing or hearing a train as it chugs down the railroad tracks from one destination to another every busy. While not much attention is given to today's railroad companies, it is certain

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now