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Full-Text Articles in Law
Contesting Disclaimer-Of-Reliance Clauses By Efficiency, Free Will, And Conscience: Staving Off Caveat Emptor, Shelby D. Green
Contesting Disclaimer-Of-Reliance Clauses By Efficiency, Free Will, And Conscience: Staving Off Caveat Emptor, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This Article hopes to make evident two trends seemingly in conflict. The first trend is toward raising the standards of probity and veridicality in contractual relations toward greater accountability and liability on market actors operating outside traditional bounds. The first is expressed by new rules that: require good faith and fair dealing between parties; ensure sellers are obligated to disclose material facts about a property otherwise unavailable to buyers; and make wrongdoing parties liable to non-parties who foreseeably relied on the wrongdoers' contractual undertakings. This trend promises to avert injury, achieve efficiency, and seems to accord with society's evolving notions …
When Neither Party Will Fix The Roof, Roger Bernhardt
When Neither Party Will Fix The Roof, Roger Bernhardt
Publications
This article discusses the conflict that arises in commercial property where neither tenant nor landlord has a duty to repair: the landlord may not evict and the tenant may not quit. The tenant may ultimately be held responsible for the repair under the duty to avoid waste.
What Happens When The Sky Does Fall In?, Roger Bernhardt
What Happens When The Sky Does Fall In?, Roger Bernhardt
Publications
This article discusses the uncertainty in commercial lease situations where the roof requires complete replacement, and neither party is obliged to do so.
Creating Vs Disclosing Defective Conditions In Property: Lewis V Chevron, 2004, Roger Bernhardt
Creating Vs Disclosing Defective Conditions In Property: Lewis V Chevron, 2004, Roger Bernhardt
Publications
This article discusses a California case which held a prior owner not liable for injuries caused by a defective condition on real property after ownership was relinquished, even if the prior owner negligently created the condition.
From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness
From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness
Law Faculty Scholarly Articles
Since the doctrine of caveat emptor gave way to a more enlightened response, the courts have struggled to place the law of products liability on a proper doctrinal foundation. Negligence, implied warranty, and strict liability have been used, but as yet no universally accepted theory has emerged. In light of this problem this article will trace the development of seller's liability in Florida. Special emphasis will be placed upon implied warranty; in addition, the relationship between existing Florida case law, strict liability under the Restatement of Torts and the warranty provisions of the Uniform Commercial Code will be examined.
The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts
The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts
Cornell Law Faculty Publications
The author points up the decline of caveat emptor as a viable doctrine governing the sale of new homes and analyzes the emergence of implied warranty as a remedy for both structural deficiencies and personal injuries. He argues that the concept of implied warranty tends to obfuscate real distinctions between the builder-vendor’s responsibility for the material integrity of a new home and for personal injuries occasioned by defects therein, concluding that legislation is needed to reestablish a system of order in the law.