Proving the will of another: the specialty requirement in covenant
Article Abstract:
The specialty requirement in covenant, the requirement for a sealed written instrument for actions in covenant, originated in English courts during the late 13th or early 14th century. Theories advanced by Robert Palmer, David Ibbetson and S.F.C. Milsom do not completely explain its development. Evidence from the yearbooks suggests that the specialty rule was a response to the problem of proving the assent of another party to a covenant. The rule developed as part of a theory of proof as the distinction between covenant and debt was being developed.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Daddy no more; ex-husband contests presumption of paternity with DNA results proving he had no biological ties
Article Abstract:
The Pennsylvania Supreme Court ruled in Miscovich v. Miscovich that a divorced father who proved through DNA evidence that he was not the biological father of the child the mother retained custody still had to pay child support, and a presumption of paternity dating from 16th century England was the reason for this ruling. Pennsylvania gives almost conclusive effect to this presumption, even with contrary DNA evidence.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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The Federal Circuit locks down the ornamentality requirement: Best Lock v. Ilco Unican
Article Abstract:
The US Federal Circuit Court of Appeals in 1996's Best Lock Corp v. Ilco Unican Corp. incorrectly denies patentability to the formerly patentable industrial designs which with other objects perform useful functions. The court invalidated a design patent on the basis of its interpretation of the ornamentality standard. The court went too far and its decision will harm the future progress of the decorative arts.
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1997
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