nearly universal rule in Kentucky

9 Kentucky opinions name it 3 courts 1923–2017 0 in the last five years

The cases below were cited by Kentucky 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.

Followed or applied (4)

Case	Followed	Cited
Borden v. Litchfordgreen kyctapp · 1981 · cited in 2 Kentucky opinions naming this issue, 2017–2017 2 sentences 2017Borden v: Litchford, 619 S.W.2d 715, 717 (Ky. App. 1981) reflects the nearly-universal principle that the . . "merger .doctrine holds that all prior statements and agreements, both written · - and oral, are ·merged into the deed and the partie"s are bound by that instrument." Subject to limited exceptions which are not applicable here, the acceptance of a deed tendered in performance of an agreement to convey merges the written or _oral agreement to convey in the deed, ~d, thereafter, the provisions. of ~e underlying contract governing the transfer of the property are extinguished and the deed 2017Borden v. Litchford, 619 S.W.2d 715, 717 (Ky. App. 1981) reflects the nearly-universal principle that the “merger doctrine holds that all prior statements and agreements, both written, and oral, are merged into the deed and the parties are bound by that instrument,” Subject to limited exceptions which are not applicable here, the acceptance of a deed tendered in performance of an agreement to convey merges the written or oral agreement to convey in the deed, and, thereafter, the provisions of the underlying contract governing the transfer of the property are extinguished and the deed regulates	2	2
Sisters of Charity Health Systems, Inc. v. Raikesgreen ky · 1999 · cited in 4 Kentucky opinions naming this issue, 2004–2014 2 sentences 2014This stems from “the nearly universal rule that privileges should be strictly construed, because they contravene the fundamental principle that ‘the public ... has a right to every man’s evidence.’ ” Raikes, 984 S.W.2d at 468 (quoting Trammel v. United States, 445 U.S. 40, 45 , 100 S.Ct. 906 , 63 L.Ed.2d 186 (1980)). 2010Notably, in Sisters of Charity, the Court subjected the assumed-to-be valid peer review privilege statute to “the nearly universal rule that privileges should be strictly construed.” 984 S.W.2d at 468 .	1	4
Wauchop v. Domino's Pizza, Inc.green innd · 1991 · cited in 1 Kentucky opinions naming this issue, 2004–2004 1 sentence 2004Sisters of Charity Health Systems, Inc. v. Raikes, Ky., 984 S.W.2d 464, 468 (1998) (quoting Trammel v. United States, 445 U.S. 40, 45 , 100 S.Ct. 906, 912 , 63 L.Ed.2d 186 (1980), quoting United States v. Bryan, 339 U.S. 323, 331 , 70 S.Ct. 724, 730 , 94 L.Ed. 884 (1950)) ("We begin our analysis with the nearly universal rule that privileges should be strictly construed, because they contravene the fundamental principle that 'the public ... has a right to every man’s evidence.’ ”); accord Wauchop v. Domino's Pizza, Inc., 138 F.R.D. 539, 546-47 (N.D.Ind.1991) ("The risk — or in this case, the c	1	1
Meenach v. General Motors Corp.green ky · 1995 · cited in 1 Kentucky opinions naming this issue, 1999–1999 2 sentences 1999Or, as we have stated recently, "broad claims of `privilege' are disfavored when balanced 469 against the need for litigants to have access to relevant or material evidence." Meenach v. General Motors Corp., Ky., 891 S.W.2d 398, 402 (1995), citing United States v. Nixon, 418 U.S. 683 , 94 S.Ct. 3090 , 41 L.Ed.2d 1039 (1974). 1999*Or, as we have stated recently, “broad claims of ‘privilege’ are disfavored when bal anced against the need for litigants to have access to relevant or material evidence.” Meenach v. General Motors Corp., Ky., 891 S.W.2d 398, 402 (1995), citing United States v. Nixon, 418 U.S. 683 , 94 S.Ct. 3090 , 41 L.Ed.2d 1039 (1974).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
Trammel v. United States green scotus · 1980 2 sentences 2014This stems from “the nearly universal rule that privileges should be strictly construed, because they contravene the fundamental principle that ‘the public ... has a right to every man’s evidence.’ ” Raikes, 984 S.W.2d at 468 (quoting Trammel v. United States, 445 U.S. 40, 45 , 100 S.Ct. 906 , 63 L.Ed.2d 186 (1980)). 2014This stems from “the nearly universal rule that privileges should be strictly construed, because they contravene the fundamental principle that ‘the public ... has a right to every man’s evidence.’ ” Raikes, 984 S.W.2d at 468 (quoting Trammel v. United States, 445 U.S. 40, 45 , 100 S.Ct. 906 , 63 L.Ed.2d 186 (1980)).	3	1999–2014
United States v. Bryan green scotus · 1950 2 sentences 2004Sisters of Charity Health Systems, Inc. v. Raikes, Ky., 984 S.W.2d 464, 468 (1998) (quoting Trammel v. United States, 445 U.S. 40, 45 , 100 S.Ct. 906, 912 , 63 L.Ed.2d 186 (1980), quoting United States v. Bryan, 339 U.S. 323, 331 , 70 S.Ct. 724, 730 , 94 L.Ed. 884 (1950)) ("We begin our analysis with the nearly universal rule that privileges should be strictly construed, because they contravene the fundamental principle that 'the public ... has a right to every man’s evidence.’ ”); accord Wauchop v. Domino's Pizza, Inc., 138 F.R.D. 539, 546-47 (N.D.Ind.1991) ("The risk — or in this case, the c 2004Sisters of Charity Health Systems, Inc. v. Raikes, Ky., 984 S.W.2d 464, 468 (1998) (quoting Trammel v. United States, 445 U.S. 40, 45 , 100 S.Ct. 906, 912 , 63 L.Ed.2d 186 (1980), quoting United States v. Bryan, 339 U.S. 323, 331 , 70 S.Ct. 724, 730 , 94 L.Ed. 884 (1950)) ("We begin our analysis with the nearly universal rule that privileges should be strictly construed, because they contravene the fundamental principle that 'the public ... has a right to every man’s evidence.’ ”); accord Wauchop v. Domino's Pizza, Inc., 138 F.R.D. 539, 546-47 (N.D.Ind.1991) ("The risk — or in this case, the c	2	1999–2004
Burks v. Douglass neutral kyctapp · 1913 2 sentences 1946In Rees v. Bailey, 199 Ky. 504 , 251 S. W. 633 , we said: “With a single exception (Burks v. Douglass, 156 Ky. 462 , 161 S. W. 255 ), we have held, as is the nearly universal rule, that the purchaser of land under a verbal contract may not recover back money paid on the purchase price, if the vendor has not repudiated the contract and is ready, willing, and able to perform it, even though it could not be enforced against him either in law or equity. 1923Our statute does not declare such contracts void, but that same shall be unenforceable, and, despite.statements to the contrary found in some of the opinions, the great weight of authority in this state, as elsewhere under like statutes, is that such contracts are voidable and not void, and that the statute may be employed defensively but not offensively, or, as often expressed, “As a shield, but not as a sword. ” ' With a single exception (Burks v. Douglas, 156 Ky. 462 , 161 S. W. 225 ), we have held, as is the nearly universal rule, that the purchaser of land under a verbal contract may not	2	1923–1946
United States v. Nixon green scotus · 1974 2 sentences 1999Or, as we have stated recently, "broad claims of `privilege' are disfavored when balanced 469 against the need for litigants to have access to relevant or material evidence." Meenach v. General Motors Corp., Ky., 891 S.W.2d 398, 402 (1995), citing United States v. Nixon, 418 U.S. 683 , 94 S.Ct. 3090 , 41 L.Ed.2d 1039 (1974). 1999Or, as we have stated recently, "broad claims of `privilege' are disfavored when balanced 469 against the need for litigants to have access to relevant or material evidence." Meenach v. General Motors Corp., Ky., 891 S.W.2d 398, 402 (1995), citing United States v. Nixon, 418 U.S. 683 , 94 S.Ct. 3090 , 41 L.Ed.2d 1039 (1974).	1	1999–1999
Reese v. Bailey neutral kyctapp · 1923 2 sentences 1946In Rees v. Bailey, 199 Ky. 504 , 251 S. W. 633 , we said: “With a single exception (Burks v. Douglass, 156 Ky. 462 , 161 S. W. 255 ), we have held, as is the nearly universal rule, that the purchaser of land under a verbal contract may not recover back money paid on the purchase price, if the vendor has not repudiated the contract and is ready, willing, and able to perform it, even though it could not be enforced against him either in law or equity. 1946In Rees v. Bailey, 199 Ky. 504 , 251 S. W. 633 , we said: “With a single exception (Burks v. Douglass, 156 Ky. 462 , 161 S. W. 255 ), we have held, as is the nearly universal rule, that the purchaser of land under a verbal contract may not recover back money paid on the purchase price, if the vendor has not repudiated the contract and is ready, willing, and able to perform it, even though it could not be enforced against him either in law or equity.	1	1946–1946

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 311.377 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

KY 9 (1923–2017) AR 5 (1999–2008) AZ 4 (1973–2017) MD 3 (1991–2001) OR 3 (1976–2003) IN 2 (2015–2017) AK 2 (1995–1998) ME 2 (1984–1987) WV 2 (1909–1925)

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.

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