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Articles 181 - 197 of 197
Full-Text Articles in Law
Baldwin V. Sisters Of Providence: Washington Gives At Will Employees A Gun With No Ammunition To Fight Against Unjust Dismissal, Michael T. Zoretic
Baldwin V. Sisters Of Providence: Washington Gives At Will Employees A Gun With No Ammunition To Fight Against Unjust Dismissal, Michael T. Zoretic
Seattle University Law Review
This Comment will explore the status of the employment at will doctrine and unjust dismissal actions following the supreme court's decision in Baldwin. First, Section I will explain the historical background of the employment at will doctrine and its steady erosion in the modern era. Next, Section II will provide an overview of the Baldwin case itself, including facts, procedural history, and general holdings. Sections III through V will explore the three major issues decided by the court in Baldwin: allocating burdens of proof in wrongful discharge suits; implied covenants of good faith and fair dealing in employment …
Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis
Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis
Seattle University Law Review
Initially, this Comment will examine traditional theories of marital support and their relation to post-cohabitant support. Next, this Comment will review express contract, implied-in-fact contract, and quasi-contract theories of support and how these different theories have been effectively applied by various state courts. A brief discussion follows concerning federal courts and the confusion surrounding the federal jurisdiction of cohabitation actions. Finally, the contract theories of relief will be contrasted against proposed legal status solutions.Ultimately, this Comment concludes that post-cohabitation support issues are best resolved through contract theories. Solutions based on legal status are extremely intrusive and impose unbargained-for terms upon …
Individual Negotiation Of Warranty Disclaimers: An Economic Analysis Of An Assumedly Market Enhancing Rule, Thomas J. Holdych, George Ferrell
Individual Negotiation Of Warranty Disclaimers: An Economic Analysis Of An Assumedly Market Enhancing Rule, Thomas J. Holdych, George Ferrell
Seattle University Law Review
In this Article, we will examine the economic forces that shape the typical contract for the sale of goods to determine whether Berg's requirements of explicit negotiation and specific disclosure are justified, and if not, whether the Berg rules should be modified or abolished. In particular, we will examine how buyers and sellers determine the terms of the contracts they enter. Most importantly, we will consider the common assertion that consumers have no ability to bargain and therefore have no influence on what terms merchants and manufacturers include in their standard contracts. We will also consider whether merchants systematically …
The Implied Termination Of Community Property Agreements Upon Permanent Separation, William Oltman
The Implied Termination Of Community Property Agreements Upon Permanent Separation, William Oltman
Seattle University Law Review
This Article will assess the effect of living separate and apart in a defunct marriage on the typical community property agreement, including both inter-vivos and at-death elements. First, as background, this Article will explain and analyze the Washington law status of the concept of living separate and apart. Second, this Article will then review the facts and the holding of In re Estate of Lyman, an appeals court case illustrating the typical fact situation and setting forth the approach of the Washington Supreme Court in this area. It remains the best and most instructive example to date of this …
At-Will Employment In Washington: A Review Of Thompson V. Sl Regis Paper Co. And Its Progeny, Richard Wall
At-Will Employment In Washington: A Review Of Thompson V. Sl Regis Paper Co. And Its Progeny, Richard Wall
Seattle University Law Review
The purpose of this Article is to examine the nature and origin of the issues now being faced by Washington courts in the area of at will employment and to argue that the well-established legal principles governing other kinds of contracts be consistently applied to at will employment contracts. This will result in a proper balance between the desire to protect at will employees from unfair termination and the need to allow employers the freedom to make decisions in the hiring and termination of at will employees without undue interference. This Article will first review the historical development of the …
Farm Crop Energy V. Old National Bank: A Meaningful Test For Damages Under Promissory Estoppel?, Glen Andrew Anderson
Farm Crop Energy V. Old National Bank: A Meaningful Test For Damages Under Promissory Estoppel?, Glen Andrew Anderson
Seattle University Law Review
This Note proposes that an award of lost profits under promissory estoppel should be made only when the circumstances surrounding the making of the promise justify enforcing it as if it were a contract. Operating on the assumption that a promise is found to be a reasonable basis for reliance, this Note will propose some criteria by which a court can determine when a promise justifies a damage award in excess of the costs of reliance. These criteria will then be applied to the Farm Crop facts to demonstrate that remedies can be administered under a standard that is rational …
A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha
A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha
Seattle University Law Review
This Article develops how Washington courts historically have interpreted construction industry indemnification clauses. The Article first addresses the substantive and the primary issue of liability, vel non, under construction industry indemnification provisions. After offering a historical analysis of Washington case law on the subject, the Article analyzes the recent statutory amendments to section 4.24.115 of the Washington Revised Code, which substantially impact the current state of the law and which should resolve many unsettled or ambiguous issues in the case law. This Article then discusses some unique issues that have arisen in the context of attempts to judicially enforce these …
The U.C.C. And Franchise Act Remedies: Coast To Coast Stores, Inc. V. Gruschus, Misty Ellen Mondress
The U.C.C. And Franchise Act Remedies: Coast To Coast Stores, Inc. V. Gruschus, Misty Ellen Mondress
Seattle University Law Review
Coast to Coast Stores, Inc. v. Gruschus was the first Washington case to deal with the potential conflict between the Uniform Commercial Code (U.C.C.) and the Franchise Investment Protection Act (FIPA), arising when a franchisor repossesses goods after a franchisee defaults under a security agreement. The Washington Supreme Court avoided the conflict, however, by holding that because the franchisor never terminated the franchise, the FIPA protections were not triggered. The U.C.C. remedies therefore applied: the franchisor could collect the proceeds of a liquidation sale of the secured goods-in this case the franchisee's inventory and supplies-in reduction of the franchisee's indebtedness; …
Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust
Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust
Seattle University Law Review
This Note demonstrates that the Washington Supreme Court correctly applied contract principles to the Hindquarter lease dispute. The Note first reviews the historical development of dependent covenants in both residential and commercial contexts. After setting out this important background information, the Note examines Hindquarter and the three factors that influenced the Washington Supreme Court in following the dependent covenants trend: (1) material inducements to execute the lease; (2) the intent of the parties; and (3) equity and policy considerations. The Note concludes that, even though the landlord prevailed in Hindquarter, commercial tenants stand to gain most from the supreme …
Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger
Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger
Seattle University Law Review
The Washington Supreme Court erred in Chemical Bank by misapplying the distinctions between primary and secondary ultra vires that it had articulated in Edwards v. City of Renton and reaffirmed in Noel. In the interest of consistent, fair, and logical results, the court will ultimately need to retreat from the very technical interpretation of primary ultra vires that it applied in Chemical Bank. Otherwise, the court may find itself splitting hairs over the exact scope of enabling legislation when the statutes and subsequent legislative acts manifest approval of the actions taken.
Real Estate Contracts And The Doctrine Of Equitable Conversion In Washington: Dispelling The Ashford Cloud, Linda S. Hume
Real Estate Contracts And The Doctrine Of Equitable Conversion In Washington: Dispelling The Ashford Cloud, Linda S. Hume
Seattle University Law Review
The principal thesis of this Article is that property and contract questions should not be solved independently and are most usefully approached in a distinct order. Because the installment contract divides the incidents of property ownership usually associated with legal title between the parties to the contract, it should be treated differently than the earnest money contract in which the incidents of ownership are not divided. In addition, it is important to first answer some remedial questions before proceeding to make decisions about the property interest of each party to the contract. To support this thesis, this Article explains in …
Does The Agency Die When The Principal Becomes Mentally Incapacitated?, W. Alfred Mukatis
Does The Agency Die When The Principal Becomes Mentally Incapacitated?, W. Alfred Mukatis
Seattle University Law Review
This Article explores the status of an agency when a competent principal enters into an agency relationship and thereafter becomes mentally incapacitated. On the one hand, does the status of the agency depend on factors relating to the principal such as type, length, or permanence of the incapacity? For instance, is the status of the agency the same when a principal lapses into a coma as it is when a conscious principal is incapacitated because of a mental disease such as schizophrenia? If in a coma, how does the length of the coma affect the status of the agency? Is …
Consumer Liability For Deficiencies In Washington, Edith R. Warkentine
Consumer Liability For Deficiencies In Washington, Edith R. Warkentine
Seattle University Law Review
This article focuses on a secured party's right to hold a debtor liable for a deficiency when resale of the goods does not satisfy the remaining obligation.
Personal Property Security Interests In Washington--Adoption Of The 1972 Official Text Of The Uniform Commercial Code Will Make A Good Law Better, Leland L. Bull, Jr.
Personal Property Security Interests In Washington--Adoption Of The 1972 Official Text Of The Uniform Commercial Code Will Make A Good Law Better, Leland L. Bull, Jr.
Seattle University Law Review
The purpose of this article is to review the Washington State law of personal property security interests under the existing 1962 Text of Article 9 of the Uniform Commercial Code (U.C.C.) adopted by the legislature in 1965 and to introduce the reader to the substantive and procedural improvements adoption of the 1972 Text would make in existing Washington practice.
To Have And Have Not: The Application Of U.C.C. §2-719 To Clauses Limiting Remedy To Repair Or Replacement And Excluding Liability For Consequential Damages In Commercial Contracts, Joan L. Roth
Seattle University Law Review
After outlining the subsections of section 2-719 of the Uniform Commercial Code and suggesting a method for determining to what language in a contract the section should apply, the article discusses the concept of unconscionability that courts must consider under section 2-719(3). It then examines the applicability of section 2-719(2), the "failure of essential purpose" section, to the facts in Washington Supreme Court case Schroeder v. Fageol Motors, Inc. and argues that its application should result in an award of consequential damages, regardless of the fact that the exclusion of consequential damages is conscionable. The article concludes by suggesting a …
Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii
Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii
Seattle University Law Review
The addition of the risk capital definition to Washington's securities law will expand regulation to many transactions that in the past were excluded. Although its full application is unforeseeable, the risk capital definition should apply to financing arrangements in the formation of clubs, associations, and cooperatives. Practitioners must be keenly aware that ventures not traditionally defined within Washington's securities regulations many now fall under the risk capital definition of a security.
Tied To The Elephant: Organization And Obligation On The Overland Trail, John Phillip Reid
Tied To The Elephant: Organization And Obligation On The Overland Trail, John Phillip Reid
Seattle University Law Review
The gold-seeking emigrants who went by the overland trail to the diggings of California seldom traveled alone. The few who did were usually men too poor to purchase a share of a wagon or, for one reason or another, unable or unwilling to work their way across the continent as hired hands. Most, however, traveled to the Pacific as part of an organization: either shareholders of joint stock companies, partners in a mess, clients of passenger lines, or members of traveling groups. In addition, there was another legal technique overland emigrants utilized when binding themselves in mutual associations-they made contracts. …