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The Law Of Easements And Licenses In Land: Book Review, R. H. Helmholz
The Law Of Easements And Licenses In Land: Book Review, R. H. Helmholz
Vanderbilt Law Review
A distinguished commentator, Professor A.W.B. Simpson, recently observed that the legal treatise seems to be going the way of the dinosaur and the dodo bird.' To him, and indeed to other thoughtful ob-servers, the treatise's characteristic form appears to have outlived its natural span, or at least lost its reason for existence among serious academic writers. The treatise's focus on a particular and specialized area of the law and its inevitable concentration on the doctrinal analysis of appellate cases now appear quite out of date to these observers, something perhaps worthwhile in a simpler and more complacent era, but which …
The Unwarranted Implication Of A Warranty Of Fitness In Commercial Leases-An Alternative Approach, Fred W. Bopp, Iii
The Unwarranted Implication Of A Warranty Of Fitness In Commercial Leases-An Alternative Approach, Fred W. Bopp, Iii
Vanderbilt Law Review
The classical landlord-tenant relationship has undergone a substantial transformation since its origin in feudal England. The most recent and far-reaching change has been the emergence of an implied warranty of habitability in residential leases.' An overwhelming majority of jurisdictions recognizes this implied warranty either by statute or judicial decisions or both. These same jurisdictions, however, uniformly have rejected an extension of the underlying rationale to the commercial setting by refusing to imply an analogous warranty of fitness or suitability in nonresidential leases. Consequently, while modern notions of consumer protection have made rapid advances in residential tenancies, commercial lease law continues …