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Articles 1 - 4 of 4
Full-Text Articles in Law
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 …
Cardozo Revisited: Liability To Third Parties; A Real Property Perspective, Robert Kratovil
Cardozo Revisited: Liability To Third Parties; A Real Property Perspective, Robert Kratovil
Seattle University Law Review
One of the most outstanding jurists of our time, Justice Benjamin Cardozo, articulated a principle spanning the "seamless web" of the law which, unfortunately, has been obscured by the attempts of courts, casebook writers, and law professors to pigeonhole the principle into familiar categories. Justice Cardozo established the principle that a person who undertakes a task is liable for injury to remote third parties, regardless of lack of privity, which arises from the person's negligent performance of the task. Cardozo also enunciated an exception to this rule which developed into a widely accepted opposing rule. This Article first traces the …
Boundary Law: The Rule Of Monument Control In Washington, Jerry Broadus
Boundary Law: The Rule Of Monument Control In Washington, Jerry Broadus
Seattle University Law Review
The rule of monument control has developed as a necessary corollary to the Statute of Frauds as applied to land conveyances. Confusion in the application of the two rules can be avoided by examining their underlying equitable policies. A consideration of these policies is necessary for a reasoned approach to judging the admissibility and weight of evidence needed to prove a boundary monument. San Juan County v. Ayer illustrates the confusion which can result when a court attempts to apply these rules in a technical manner divorced from their historical background. Many boundary disputes could properly be resolved by using …
Forfeiture Clauses In Land Installment Contracts: Time For Equitable Foreclosure, Donna R. Roper
Forfeiture Clauses In Land Installment Contracts: Time For Equitable Foreclosure, Donna R. Roper
Seattle University Law Review
This Comment will trace the history of the Washington courts' decision to deny foreclosure by judicial sale in land installment contracts with forfeiture clauses and will demonstrate the viability and preferability of foreclosure by judicial sale as an equitable remedy for a defaulting buyer. The Comment will also describe how other states, either legislatively or judicially, have resolved the inequity of forfeitures.