16 Utah opinions name it 2 courts 1987–2020 0 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Utah State University of Agriculture & Applied Science v. Sutro & Co.green2 sentences2011"Utah Courts have, however, carved out an exception to this general common law rule in unusual cireumstances 'where it is plain that the interests of justice so require?" Id. (quoting Utah State Univ. v. Sutro & Co., 646 P.2d 715, 718 (Utah 1982)). 2008"Utah courts have, however, carved out an exception to this general common law rule in unusual circumstances 'where it is plain that the interests of justice so require.’" Id. (quoting Utah State Univ. v. Sutro & Co., 646 P.2d 715, 720 (Utah 1982)). | 2 | 3 |
Bihlmaier v. Carsongreen2 sentences1989Utah has followed the general common law rule that personal employment contracts are terminable at the will of either party “in the absence of some further express or implied stipulation as to the duration of the employment or of a good consideration in addition to the services contracted to be rendered.” Bruno v. Plateau Mining Co., 747 P.2d 1055, 1057 (Utah App.1987) (quoting Bihlmaier v. Carson, 603 P.2d 790, 792 (Utah 1979)). 1987However, such is not the law in Utah, which still follows the general common law rule concerning personal employment contracts: 2 [I]n the absence of some further express or implied stipulation as to the duration of the employment or of a good consideration in addition to the services contracted to be rendered, the contract is no more than an indefinite general hiring which is terminable at the will of either party. *1058 Bihlmaier v. Carson, 603 P.2d 790, 792 (Utah 1979) (emphasis added). | 2 | 2 |
Pacific Chromalox Division, Emerson Electric Co. v. Ireygreen1 sentence2020We have previously recognized that the nonrecovery provision embodies a general common law rule, and we therefore interpret it consistent “with the case law which has developed under the general rule.” Pacific Chromalox Div. v. Irey, 787 P.2d 1319, 1326 (Utah Ct. App. 1990); see, e.g., Smith v. American Packing & Provision Co., 130 P.2d 951, 959 (Utah 1942) (articulating general rule prior to codification). | 1 | 1 |
Smith v. American Packing & Provision Co.green1 sentence2020We have previously recognized that the nonrecovery provision embodies a general common law rule, and we therefore interpret it consistent “with the case law which has developed under the general rule.” Pacific Chromalox Div. v. Irey, 787 P.2d 1319, 1326 (Utah Ct. App. 1990); see, e.g., Smith v. American Packing & Provision Co., 130 P.2d 951, 959 (Utah 1942) (articulating general rule prior to codification). | 1 | 1 |
Sullivan v. Utah Gas Service Co.green2 sentences2011"One exception is that [the] owner of the premises ... [has] a nondelegable duty to keep the premises reasonably safe for business invitees." Sullivan v. Utah Gas Service Co., 10 Utah 2d 359 , 353 P.2d 465, 466 (Utah 1960) (citing Prosser on Torts 359 (2d ed. 1955); 2 Harper & James, The Law of Torts, § 26.11, at 1406; Restatement (Second) of Torts, § 422 (additional citation omitted)). 2011"One exception is that [the] owner of the premises ... [has] a nondelegable duty to keep the premises reasonably safe for business invitees." Sullivan v. Utah Gas Service Co., 10 Utah 2d 359 , 353 P.2d 465, 466 (Utah 1960) (citing Prosser on Torts 359 (2d ed. 1955); 2 Harper & James, The Law of Torts, § 26.11, at 1406; Restatement (Second) of Torts, § 422 (additional citation omitted)). | 1 | 1 |
Magana v. Dave Roth Constructiongreen2 sentences2011See Magana v. Dave Roth Constr., 2009 UT 45, 122 , 215 P.3d 143 ("Utah adheres to the general common law rule that the employer of an independent contractor is not liable for physical harm caused to another by an act or omission of the contractor or his servants." (internal quotation marks omitted)). 2011See Magana v. Dave Roth Constr., 2009 UT 45, 122 , 215 P.3d 143 ("Utah adheres to the general common law rule that the employer of an independent contractor is not liable for physical harm caused to another by an act or omission of the contractor or his servants." (internal quotation marks omitted)). | 1 | 1 |
Forrester v. Cookgreen2 sentences2009We therefore take this opportunity to elucidate and provide direction on this issue. ¶ 22 Prior to our 1950 adoption of the Utah Rules of Civil Procedure, this court espoused the general common law rule that "neither a counterclaim nor cross-complaint of any kind is permissible in an action in unlawful detainer." *1209 Dunbar v. Hansen, 68 Utah 398 , 250 P. 982, 984 (1926) (internal quotation marks omitted); see also Forrester v. Cook, 77 Utah 137 , 292 P. 206, 212 (1930). 2009We therefore take this opportunity to elucidate and provide direction on this issue. ¶ 22 Prior to our 1950 adoption of the Utah Rules of Civil Procedure, this court espoused the general common law rule that "neither a counterclaim nor cross-complaint of any kind is permissible in an action in unlawful detainer." *1209 Dunbar v. Hansen, 68 Utah 398 , 250 P. 982, 984 (1926) (internal quotation marks omitted); see also Forrester v. Cook, 77 Utah 137 , 292 P. 206, 212 (1930). | 1 | 1 |
Dunbar v. Hansengreen2 sentences2009We therefore take this opportunity to elucidate and provide direction on this issue. ¶ 22 Prior to our 1950 adoption of the Utah Rules of Civil Procedure, this court espoused the general common law rule that "neither a counterclaim nor cross-complaint of any kind is permissible in an action in unlawful detainer." *1209 Dunbar v. Hansen, 68 Utah 398 , 250 P. 982, 984 (1926) (internal quotation marks omitted); see also Forrester v. Cook, 77 Utah 137 , 292 P. 206, 212 (1930). 2009We therefore take this opportunity to elucidate and provide direction on this issue. ¶ 22 Prior to our 1950 adoption of the Utah Rules of Civil Procedure, this court espoused the general common law rule that "neither a counterclaim nor cross-complaint of any kind is permissible in an action in unlawful detainer." *1209 Dunbar v. Hansen, 68 Utah 398 , 250 P. 982, 984 (1926) (internal quotation marks omitted); see also Forrester v. Cook, 77 Utah 137 , 292 P. 206, 212 (1930). | 1 | 1 |
Thompson v. Jessgreen2 sentences2005“Utah adheres to the general common law rule that ‘the employer of an independent contractor is not liable for physical harm caused to another by an act or omission of the contractor or his servants.’ ” Thompson, 1999 UT 22 at ¶ 13 , 979 P.2d 322 (quoting Restatement (Second) of Torts § 409 (1965)) (additional citation omitted). 2005"Utah adheres to the general common law rule that `the employer of an independent contractor is not liable for physical harm caused to another by an act or omission of the contractor or his servants.'" Thompson, 1999 UT 22 at ¶13 (quoting Restatement (Second) of Torts § 409 (1965)) (additional citation omitted). | 1 | 1 |
Gleason v. Salt Lake Citygreen2 sentences1999ANALYSIS ¶ 13 Utah adheres to the general common law rule that “the employer of an independent contractor is not liable for physical harm caused to another by an act or omission of the contractor or his servants.” Restatement § 409; see Gleason v. Salt Lake City, 94 Utah 1,16 , 74 P.2d 1225,1232 (1937) (noting applicability of said general rule and certain exceptions to it). 1999ANALYSIS ¶ 13 Utah adheres to the general common law rule that “the employer of an independent contractor is not liable for physical harm caused to another by an act or omission of the contractor or his servants.” Restatement § 409; see Gleason v. Salt Lake City, 94 Utah 1,16 , 74 P.2d 1225,1232 (1937) (noting applicability of said general rule and certain exceptions to it). | 1 | 1 |
Celebrity Club, Inc. v. Utah Liquor Control Commissiongreen1 sentence1990Utah courts have, however, carved out an exception to this general common law rule in unusual circumstances “where it is plain that the interests of justice so require.” Id. at 720 ; see, e.g., Celebrity Club, Inc. v. Utah Liquor Control Comm’n, 602 P.2d 689 (Utah 1979). | 1 | 1 |
Bruno v. Plateau Mining Co.green1 sentence1989Utah has followed the general common law rule that personal employment contracts are terminable at the will of either party “in the absence of some further express or implied stipulation as to the duration of the employment or of a good consideration in addition to the services contracted to be rendered.” Bruno v. Plateau Mining Co., 747 P.2d 1055, 1057 (Utah App.1987) (quoting Bihlmaier v. Carson, 603 P.2d 790, 792 (Utah 1979)). | 1 | 1 |
Crane Co. v. Dahlegreen1 sentence1987See Crane Co. v. Dahle, 576 P.2d 870, 872 (Utah 1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Eldredge v. Utah State Retirement Board
green
2 sentences2011"Utah Courts have, however, carved out an exception to this general common law rule in unusual cireumstances 'where it is plain that the interests of justice so require?" Id. (quoting Utah State Univ. v. Sutro & Co., 646 P.2d 715, 718 (Utah 1982)). 2008"Utah courts have, however, carved out an exception to this general common law rule in unusual circumstances 'where it is plain that the interests of justice so require.’" Id. (quoting Utah State Univ. v. Sutro & Co., 646 P.2d 715, 720 (Utah 1982)). | 2 | 2008–2011 |
Courtenay C. & Lucy Patten Davis Foundation v. Colorado State University Research Foundation
green
2 sentences2015Research Found., 2014 WY 32 , ¶ 34, 320 P.3d 1115 (Wyo.2014). {16 Under the general common-law rule, only the attorney general, and not the donor, has standing to enforce the terms of a completed charitable gift. 2015Courtenay C. & Lucy Patten Davis Found., 2014 WY 32 , ¶ 34, 320 P.3d 1115 ("At common law, only the attorney general may enforce the terms of a charitable gift."); see also Carl J. | 1 | 2015–2015 |
cluster 2655571
neutral
2 sentences2015Research Found., 2014 WY 32 , ¶ 34, 320 P.3d 1115 (Wyo.2014). {16 Under the general common-law rule, only the attorney general, and not the donor, has standing to enforce the terms of a completed charitable gift. 2015Courtenay C. & Lucy Patten Davis Found., 2014 WY 32 , ¶ 34, 320 P.3d 1115 ("At common law, only the attorney general may enforce the terms of a charitable gift."); see also Carl J. | 1 | 2015–2015 |
Bushnell Real Estate, Inc. v. Nielson
green
1 sentence2008The cases do not focus on contractual language, but rather simply support the general common law rule that "a real estate broker is entitled to its commission when it has procured a buyer who is 'ready, willingl,] and able and who is accepted by the seller?" Fairbourn, 2004 UT 54, ¶ 7 , 94 P.3d 292 (quoting Bushnell, 672 P.2d at 751 ). | 1 | 2008–2008 |
Fairbourn Commercial, Inc. v. American Housing Partners, Inc.
green
2 sentences2008The cases do not focus on contractual language, but rather simply support the general common law rule that "a real estate broker is entitled to its commission when it has procured a buyer who is 'ready, willingl,] and able and who is accepted by the seller?" Fairbourn, 2004 UT 54, ¶ 7 , 94 P.3d 292 (quoting Bushnell, 672 P.2d at 751 ). 2008The cases do not focus on contractual language, but rather simply support the general common law rule that "a real estate broker is entitled to its commission when it has procured a buyer who is 'ready, willingl,] and able and who is accepted by the seller?" Fairbourn, 2004 UT 54, ¶ 7 , 94 P.3d 292 (quoting Bushnell, 672 P.2d at 751 ). | 1 | 2008–2008 |
Morissette v. United States
green
1 sentence2002In addition, the United States Supreme Court has noted several exceptions to the general common law rule of requiring eriminal intent, including "sex offenses, such as rape, in which the victim's actual age was determinative despite defendant's reasonable belief that the girl had reached the age of consent." Morissette, 342 U.S. at 252 n. 8, T2 S.Ct. 240. 117 As we noted earlier, the majority of state jurisdictions do in fact impose strict liability for sexual crimes with minors, and challenges to the federal constitutionality of such laws have failed. 8 The Tenth Circuit Court of Appeals, eva | 1 | 2002–2002 |
DeBry v. Noble
green
2 sentences1999See 1965 Utah Laws 390 , ch. 139; DeBry, 889 P.2d at 432-40 . 1999See 1965 Utah Laws 390 , ch. 139; DeBry, 889 P.2d at 432-40 . | 1 | 1999–1999 |
Featherstone Ex Rel. Featherstone v. Berg
green
1 sentence1995The general common law rule is that a “ ‘landowner owes no duty to a *146 trespasser, except to refrain from causing wilful and wanton injury to him or her.’” Pratt, 813 P.2d at 1172 (quoting Weber, 725 P.2d at 1366 ; Featherstone, 498 P.2d at 661 ). | 1 | 1995–1995 |
Pratt Ex Rel. Pratt v. Mitchell Hollow Irrigation Co.
green
1 sentence1995The general common law rule is that a “ ‘landowner owes no duty to a *146 trespasser, except to refrain from causing wilful and wanton injury to him or her.’” Pratt, 813 P.2d at 1172 (quoting Weber, 725 P.2d at 1366 ; Featherstone, 498 P.2d at 661 ). | 1 | 1995–1995 |
Weber, by and Through Weber v. Springville
green
1 sentence1995The general common law rule is that a “ ‘landowner owes no duty to a *146 trespasser, except to refrain from causing wilful and wanton injury to him or her.’” Pratt, 813 P.2d at 1172 (quoting Weber, 725 P.2d at 1366 ; Featherstone, 498 P.2d at 661 ). | 1 | 1995–1995 |
Mosley v. Johnson
green
2 sentences1990Id. 453 P.2d at 150 . 1990Id. 453 P.2d at 150 . | 1 | 1990–1990 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.