Statutory Construction
What is an “Implied Agreement”?
The “implied agreement” contemplated by the Dent Act as the basis of compensation, is not an agreement “implied in law,” more aptly termed a constructive or quasi contract, where, by fiction of law, a promise is imputed to perform a legal duty, as to repay money obtained by fraud or duress, but an agreement “implied [...]
April 5th, 2009 by admin
What is a Fiction of Law? (Supreme Court)
A corporation, while by fiction of law recognized for some purposes as a person and for purposes of jurisdiction as a citizen, is not endowed with the inalienable rights of a natural person, but it is an artificial person, created and existing only for the convenient transaction of business. Northern Securities Company V. United [...]
April 5th, 2009 by admin
