Contracts Commons^™

Relief Under A Defective Municipal Contract In Ohio, George D. Vaubel

Akron Law Review

Th rapidly increasing tempo of concern for urban problems is giving rise to an ever-expanding range of literature devoted to their possible solution. Even in what might be considered a backwater of interest, the problems of municipal contracting, periodic examinations have taken place. Unfortunately, these have been undertaken almost exclusively by legal commentators, as most courts have been reluctant to make reassessments in a field in which the law at best must be considered to be largely an outgrowth of nineteenth century problems, thinking, and decisions. A recent case decided by the Ohio Supreme court, Pincelli v. Ohio Bridge Corp. …

Ohio's Newest Consumer Protection: The Prepaid Entertainment Contract Act, Sandra S. Braden

Akron Law Review

The Prepaid Entertainment Contract Act is not complex in its drafting and should be readily understandable by the consumer in informing him of his rights under a future service contract. There are, however, several aspects of PECA which will require clarification. First, the definition of "first service" will present problems in construction if a practical application of the Act is to be realized. Second, the extent to which a violation of this Act constitutes a per se deceptive act under the Consumer Sales Practices Act may require interpretation.' Third, a proposed Trade Regulation Rule by the Federal Trade Commission concerning …

Apartments And Houses: The Warranty Of Habitability, Walter H.E. Jaeger

Akron Law Review

“The trend towards greater consumer protection so evident in the products liability field is clearly discernible in the sale of new homes by the builder-vendor, and in the leasing of apartments by landlords. Some of the fundamental concepts of real property law, especially those which make no sense in modern society, have been, or are being, overruled and superseded by more enlightened and public policy-minded decisions of both the federal and state courts. It seems safe to predict that the warranty of habitability which governs the sale of new homes by the builder-vendor, adopted by a substantial majority of jurisdictions, …

Judicial Misuses Of The Word Fraud To Defeat The Parol Evidence Rule And The Statute Of Frauds, Morris G. Shanker

Akron Law Review

The courts, of course, continue to recognize that the Parol Evidence Rule exists and to pay lip service to it. However, they have developed a series of so called "exceptions" to its application, and lawyers for litigants have learned these "exception" lessons well. Thus, whenever a client becomes unhappy with one or of more of the terms of a written contract which he signed, his lawyer likely will fish out one of these "exceptions" in an effort to excuse his client from it.

Unfortunately, many Ohio lawyers will not realize that their Supreme Court in its Marion Production Credit Association …