Advising a Woman As to Her Legal Rights

Cover Advising a Woman As to Her Legal Rights
Advising a Woman As to Her Legal Rights
George Fox Tucker
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If the law does not permit contracts between them, such practice is not advisable. In such cases it is for the creditor to demand other security. His ac- ceptance of her name may prove embarrassing in the case of litigation.
At common law neither husband nor wife can maintain an action in tort against the other. Stat- utes permitting such action must be explicit, for it has been held that statutes giving a married woman power to sue and be sued do not authorize an action of tort against her hus
...band.
A married woman nearly everywhere may appoint an attorney and act as agent herself, submit matters to arbitration, sue and be sued, compromise law suits, act as executor, administrator or trustee, and even hold certain offices; and she is liable for her own torts. It is to be observed that when she enters into a contract, either individually or as attorney or agent, the place of performance should be stated, 20 MODERN AMERICAN LAW LECTURE for, if made in the place where she has liberal pow- ers and to be executed in a jurisdiction where her contractual rights are limited, embarrassment may result.


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