On the civil side, the defend-ant in a breach-of-contract case might file a demurrer (a.k.a. motionto dismiss)
BTW, we just learned about this in civil procedure! Demurrers are no longer available in federal courts. They now go by the name, Motion to Dismiss. It is nice to see how everything we are learning is tying together.
y guess is that the worlds of Holmes and Cardozo, at least theirlegal worlds, were more homogeneous than ours. They and theirbrethren (and it was brethren then) knew the same authoritativetexts, and came from at least roughly similar backgrounds.
It seems like we cannot get away from Cardozo. We have read his opinions in both contracts and torts, most of which seem contrary to common sense and deceny.
Goodman refers to the amount and quality of repetitive projec-tion as the degree of entrenchment of the projection.” Thus, for ex-ample, lawyers have previously projected the hypothesis that oralcontracts for the sale of a car are enforceable, and this hypothesis hasbeen repeatedly upheld in a network of cases; it is entrenched. Sothat rule candidate can be generalized, but not the one that suggestsall oral contracts are enforceable, for there is only a weak history ofa successful projection of that putative rule.
I wonder how this would square with what we are learning in contracts as far as the Statute of Frauds. From what we learned, transactions of goods greater than $500 require a written contract.
“I do not wantmy wife to take up with any otherman; if she does, this real estate goesto my estate.” The wife re-married.Does she own the realty in fee simple?
The more apparent search item here is "fee simple". However, another search item is whether or not a promise to not remarry, which could come at a detriment, is with consideration and is legally enforceable.