Cited by

Opinions in Louisiana that cite Illinois Cent. Gulf R. Co. v. International Harvester, 368 So. 2d 1009.

62 citing documents.

Theodule P. Noel, Jr. v. Theodule P. Noel, Sr. La. Ct. App. 3d Cir. 2022
Gulf R. Co. v. Int’l Harvester Co.
Cottonport Bank v. Garrett 111 So. 3d 431 La. Ct. App. 1st Cir. 2012
Illinois Central Gulf Railroad Co. v. International Harvester Co., [ ]; Cueto-Rua, Abuse of Rights, 35 La.L.Rev.
Fleet Intermodal Services, LLC v. St. Bernard Port, Harbor & Terminal District 60 So. 3d 85 La. Ct. App. 1st Cir. 2011
“In cases where the law does not expressly create a legal presumption of consent from certain facts, it is left to the discretion of the judge to determine if consent is to be implied from the particular circumstances of the case.”
Good v. Saia 967 So. 2d 1161 La. Ct. App. 4th Cir. 2007
Claitor v. Delahoussaye 858 So. 2d 469 La. Ct. App. 1st Cir. 2003
wherein the supreme court held that the acceptance of rental payments, silence as to changes in the use of leased premises, and a delay in filing eviction proceedings did not necessarily indicate that the lessor had impliedly consented to a sublease or modification of the lease.
Townsend v. Urie 800 So. 2d 11 La. Ct. App. 1st Cir. 2001
Steier v. Heller 732 So. 2d 787 La. Ct. App. 2d Cir. 1999
G.I.'s Club of Slidell v. American Legion Post No. 374, supra .
Lozier v. SEC. TRANSFER AND INV. CORP. 694 So. 2d 497 La. Ct. App. 4th Cir. 1997
Second, GMC claims that the trial court could properly have found that Security accepted the terms and conditions of the purchase order by performing the contract, (La.
Christian v. Fontenot 672 So. 2d 436 La. Ct. App. 2d Cir. 1996
Morse v. J. Ray McDermott & Co., Inc.
Owens & Sons, Inc. v. Casey 659 So. 2d 541 La. Ct. App. 1st Cir. 1995
IP Timberlands Operating Co. v. Denmiss Corp. 657 So. 2d 282 La. Ct. App. 1st Cir. 1995
holding that the inferences of intent to be drawn from the actions of large corporations differ from the inferences from individuals' actions.
Oliver v. Central Bank 658 So. 2d 1316 La. Ct. App. 2d Cir. 1995
Edenborn Partners Ltd. Partnership v. Korndorffer 652 So. 2d 1027 La. Ct. App. 5th Cir. 1995
Capone v. Kenny 646 So. 2d 510 La. Ct. App. 4th Cir. 1994
James v. State 636 So. 2d 1017 La. Ct. App. 1st Cir. 1994
3 as follows: In its origin, the abuse of rights doctrine was applied to prevent the holder of rights or powers from exercising those rights exclusively for the purpose of harming another, but today most courts in civil law jurisdictions will find an act abusive if the predominant motive for it was to ca
McInnis v. McInnis 618 So. 2d 672 La. Ct. App. 2d Cir. 1993
American Waste v. Sanitary Landfill Com'n 578 So. 2d 541 La. Ct. App. 3d Cir. 1991
the Court engaged in a scholarly discussion of the abuse of rights doctrine, which we reproduce, in part, here: "Nevertheless, the doctrine of abuse of rights has been invoked sparingly in Louisiana and we must look to other civilian jurisdictions for its full articulation.
Kok v. Harris 563 So. 2d 374 La. Ct. App. 1st Cir. 1990
G.I.'s Club of Slidell, Inc. v. American Legion Post # 374, (La.App.
Great SW Fire Ins. Co. v. CNA Ins. Companies 557 So. 2d 966 La. 1990
J. Cueta Rua, Abuse of Rights 35 La.L.Rev.
OUACHITA NAT. BANK IN MONROE v. Palowsky 554 So. 2d 108 La. Ct. App. 2d Cir. 1989
Massachusetts Mut. Life Ins. Co. v. Nails 549 So. 2d 826 La. 1989
Addison v. Williams 546 So. 2d 220 La. Ct. App. 2d Cir. 1989
Banes v. American Mut. Liability Ins. Co. 544 So. 2d 700 La. Ct. App. 3d Cir. 1989
210 Baronne Street Ltd. Partnership v. First National Bank of Commerce 543 So. 2d 502 La. Ct. App. 1st Cir. 1989
Fidelity Bank and Trust Co. v. Hammons 540 So. 2d 461 La. Ct. App. 1st Cir. 1989
the Louisiana Supreme Court explained the doctrine of abuse of rights as follows: This Court expressly recognized the doctrine of abuse of rights in Morse v. J. Ray McDermott & Co., Inc., and has employed a similar analysis in earlier decisions.
Jordan v. City of Baton Rouge ex rel. City Police Department 529 So. 2d 412 La. Ct. App. 1st Cir. 1988
New Hope Gardens, Ltd. v. Lattin 530 So. 2d 1207 La. Ct. App. 2d Cir. 1988
Ballaron v. Equitable Shipyards, Inc. 521 So. 2d 481 La. Ct. App. 4th Cir. 1988
Gilvin v. Metro. Prop. & Liability Ins. 519 So. 2d 268 La. Ct. App. 5th Cir. 1988
involving the plaintiff's exercise of its right to withhold permission to sublease and change use, the court held the plaintiff's action was not an abuse of right but an expressed attempt to negotiate cancellation of the defendant's lease and was based on a serious and legitimate motive.
Truschinger v. Pak 513 So. 2d 1151 La. 1987
Muslow v. AG Edwards & Sons, Inc. 509 So. 2d 1012 La. Ct. App. 2d Cir. 1987
GI's Club of Slidell v. Am. Leg. Post 374 504 So. 2d 967 La. Ct. App. 1st Cir. 1987
Truschinger v. Pak 503 So. 2d 208 La. Ct. App. 1st Cir. 1987
at 1013-14 for a full discussion of the abuse-of-rights doctrine.
Credeur v. Continental Assur. Co. 502 So. 2d 214 La. Ct. App. 3d Cir. 1987
: "[T]he doctrine is the product of a French jurisprudential and doctrinal movement which has expanded into most of the civil law jurisdictions "to the point of becoming a widely accepted principle of the Civil Law."
McDermott, Inc. v. M-Elec. & Const. Co., Inc. 496 So. 2d 1105 La. Ct. App. 4th Cir. 1986
Mascaro v. Hudson 496 So. 2d 428 La. Ct. App. 4th Cir. 1986
Real Estate Services, (La.App.
Mascaro v. Wokocha 489 So. 2d 274 La. Ct. App. 4th Cir. 1986
Charles v. Faust 487 So. 2d 612 La. Ct. App. 4th Cir. 1986
Caplan v. Latter & Blum, Inc. 468 So. 2d 1188 La. 1985
held that the lessor did not impliedly consent to a sublease and ordered dissolution of the lease.
Breland v. Louisiana Hospital Services, Inc. 468 So. 2d 1215 La. Ct. App. 1st Cir. 1985
as follows: In its origin, the abuse of rights doctrine was applied to prevent the holder of rights or powers from exercising those rights exclusively for the purpose of harming another, but today most courts in civil law jurisdictions will find an act abusive if the predominant motive for it was to ca
Chaisson v. Chaisson 454 So. 2d 890 La. Ct. App. 4th Cir. 1984
Real Estate Services, Inc. v. Barnes 451 So. 2d 1229 La. Ct. App. 4th Cir. 1984
Morse v. J. Ray McDermott & Co., Inc., Housing Auth.
Sanborn v. Oceanic Contractors, Inc. 448 So. 2d 91 La. 1984
Morse v. J. Ray McDermott & Co., Inc., Onorato v. Maestri, 173 La.
Bunch v. Heck 440 So. 2d 820 La. Ct. App. 1st Cir. 1983
rehearing denied, April 9, 1979.
Bagby v. Dillon 434 So. 2d 654 La. Ct. App. 3d Cir. 1983
stated at page 1011 and 1012 that: "Every contract or modification of a previously concluded agreement requires the concurrence of the consent of the parties.
Criticized Maurin-Ogden-1978 Pinhook Plaza v. Wiener 430 So. 2d 747 La. Ct. App. 5th Cir. 1983
Distinguished Associates Commercial Corp. v. Bayou Management 426 So. 2d 672 La. Ct. App. 1st Cir. 1982
cited by appellees, factually distinguishable.
Michalczyk v. Sprehe 418 So. 2d 11 La. Ct. App. 1st Cir. 1982
Lambert v. Maryland Cas. Co. 418 So. 2d 553 La. 1982
See, Cueto-Rua, supra, at 996-99.
Hamm v. Southeast Louisiana Emergency Medical Services Council, Inc. 414 So. 2d 835 La. Ct. App. 4th Cir. 1982