rationale behind rule (Maine) · Go Syfert
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rationale behind rule in Maine

9 Maine opinions name it 2 courts 1975–2020 0 in the last five years

The cases below were cited by Maine 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 (6)

CaseFollowedCited
Wal-Noon Corp. v. Hillgreen
calctapp · 1975 · cited in 2 Maine opinions naming this issue, 2017–2017
2 sentences

2017See Wal-Noon Corp. v. Hill, 119 Cal. Rptr. 646, 651 (Cal. Ct. App. 1975) (“[W]here the parties have freely, fairly and voluntarily bargained for certain benefits in exchange for undertaking certain obligations, it would be inequitable to imply a different liability and to withdraw from one party benefits for which he has bargained and to which he is entitled.”). [¶14] Because of the “failed” mortgage, the only contract between the parties is the promissory note, and most of the expenses at issue here were not paid or recoverable pursuant to that note.

2017See Wal-Noon Corp. v. Hill, 119 Cal. Rptr. 646, 651 (Cal. Ct. App. 1975) (“[W]here the parties have freely, fairly and voluntarily bargained for certain benefits in exchange for undertaking certain obligations, it would be inequitable to imply a different liability and to withdraw from one party benefits for which he has bargained and to which he is entitled.”). [¶14] Because of the “failed” mortgage, the only contract between the parties is the promissory note, and most of the expenses at issue here were not paid or recoverable pursuant to that note.

22
Hopkins v. Medeirosgreen
massappct · 2000 · cited in 1 Maine opinions naming this issue, 2000–2000
1 sentence

2000Hopkins v. Madeiros, 724 N.E.2d 336, 341 (Mass. App. Ct. 2000).

11
Webb v. Webbgreen
wva · 1983 · cited in 1 Maine opinions naming this issue, 1998–1998
2 sentences

1998Webb v. Webb, 171 W.Va. 614, 301 S.E.2d 570, 574 (1983); see also Letter from Thomas Jefferson to Andre Limozin (Dec. 22, 1787), in Papers of Thomas Jefferson, at 451 (Julian P. Boyd ed., 1955) (“Ignorance of the law is no excuse in any country.

1998Webb v. Webb, 171 W.Va. 614, 301 S.E.2d 570, 574 (1983); see also Letter from Thomas Jefferson to Andre Limozin (Dec. 22, 1787), in Papers of Thomas Jefferson, at 451 (Julian P. Boyd ed., 1955) (“Ignorance of the law is no excuse in any country.

11
Pine Gravel, Inc. v. Cianchettegreen
nh · 1986 · cited in 1 Maine opinions naming this issue, 1989–1989
2 sentences

1989See also Pine Gravel, Inc. v. Cianchette, 128 N.H. 460 , 514 A.2d 1282, 1285 (1986) (explaining that there is a difference between the duty to arbitrate under a general arbitration clause and the right to protect a mechanic’s lien).

1989See also Pine Gravel, Inc. v. Cianchette, 128 N.H. 460 , 514 A.2d 1282, 1285 (1986) (explaining that there is a difference between the duty to arbitrate under a general arbitration clause and the right to protect a mechanic’s lien).

11
Harris v. Dyergreen
orctapp · 1981 · cited in 1 Maine opinions naming this issue, 1989–1989
2 sentences

1989In Harris v. Dyer, 50 Or.App. 223 , 623 P.2d 662 (1981), the Oregon Court of Appeals explained the rationale behind the rule, stating that there is a difference “between the right to secure payment of amounts claimed and the obligation to resolve any dispute as to the amounts claimed in a particular manner.” Id. 623 P.2d at 665 (emphasis in original).

1989In Harris v. Dyer, 50 Or.App. 223 , 623 P.2d 662 (1981), the Oregon Court of Appeals explained the rationale behind the rule, stating that there is a difference “between the right to secure payment of amounts claimed and the obligation to resolve any dispute as to the amounts claimed in a particular manner.” Id. 623 P.2d at 665 (emphasis in original).

11
Nason v. Rickergreen
me · 1873 · cited in 1 Maine opinions naming this issue, 1981–1981
1 sentence

1981In Nason v. Ricker, 63 Me. 381, 382-83 (1873), we stated: The owner had a right to redeem each of those [separate] lots by paying the taxes specifically assessed thereon, without being obliged to pay the tax assessed upon the other lot also, which constituted no lien upon the lot he might wish to redeem.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Luis CALDERON ROSADO, Plaintiff, Appellant, v. GENERAL ELECTRIC CIRCUIT BREAKERS, INC., Et Al., Defendants, Appellees green
ca1 · 1986
1 sentence

2020The rationale behind this exception is that a purpose of res judicata "is to protect a defendant from the harassment of multiple actions." Id.

12020–2020
Wayne Knope v. Green Tree Servicing, LLC green
me · 2017
1 sentence

2019“The rationale behind this rule is that courts should not intervene to redefine rights and obligations that parties have already defined for themselves through a voluntary contract.” Id.

12019–2019
State v. Higgins green
me · 1975
1 sentence

1975Most recently, we enunciated this rationale in the analysis leading to our decision in State v. Higgins, Me., 338 A.2d 159 (1975).

11975–1975

Where else courts name it

IL 127 (1972–2026) CA 103 (1961–2025) OH 87 (1956–2026) IN 80 (1978–2025) TX 79 (1964–2022) PA 67 (1965–2024) AR 47 (1982–2026) FL 42 (1971–2024) AL 36 (1980–2025) NY 35 (1930–2024) TN 34 (1981–2025) MD 28 (1978–2025) LA 28 (1980–2024) WA 28 (1972–2026) MI 25 (1975–2016) IA 25 (1967–2025) MO 25 (1980–2021) WV 24 (1978–2024) MS 23 (1985–2023) AZ 21 (1969–2021) CT 21 (1974–2025) MT 20 (1969–2022) KY 18 (1979–2024) KS 18 (1975–2025) MA 17 (1979–2025) OR 17 (1975–2026) RI 16 (1984–2024) NC 15 (1980–2025) VA 15 (1993–2022) NM 14 (1989–2025) CO 13 (1976–2022) WI 13 (1963–2017) NH 12 (1991–2023) OK 11 (1981–2002) DC 11 (1977–2004) UT 11 (1989–2021) ID 10 (1991–2025) GA 10 (1978–2022) NJ 9 (1965–2015) ME 9 (1975–2020) SC 8 (1989–2025) AK 7 (1979–1994) SD 7 (1986–2016) WY 7 (1983–2020) HI 6 (1998–2021) MN 5 (1956–2017) NE 4 (1982–2007) VT 3 (2023–2024) DE 3 (1975–1980) NV 2 (1984–1992) ND 2 (2009–2009)

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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