Contracts Commons^™

Contract Law, Equality And The State, Orit Gan

Cleveland State Law Review

There is a rich and diverse literature on contract law and equality, discussing whether contract law should advance social equality and if so how should contract law achieve that. However, this literature has yet to address the State’s role in combating social inequality through contract law. Filling this void this Article discusses three strategies the State can and should adopt in promoting social equality, by enforcing contracts, applying contract law doctrines, and regulating and legislating laws as background rules. After mapping these three state powers the Article further explores three test cases: enforcing nonmarital agreements, applying contract defenses in consumer …

Perpetuities In An Unequal Age, Jack H.L. Whiteley

Northwestern University Law Review

For centuries, the common law limited aristocratic wealth. In the last three decades, that has changed. One by one, state legislatures have eliminated the rule against perpetuities (the Rule), and now “dynasty trusts” can make carefully controlled payments to a settlor’s descendants for hundreds of years. This change occurred soon before a large and ongoing intergenerational wealth transfer in the United States. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age.

This Article draws a theoretical lesson from the Rule’s demise. I argue that part of the …

Bondholders And Financially Stressed Municipalities, Clayton P. Gillette

Fordham Urban Law Journal

No abstract provided.

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of real property law, especially those which make no sense in modern society, have been, or are being, overruled and superseded by more enlightened and public policy-minded decisions of both the federal and state courts.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, …

Slides: Collaborative Planning And Lessons Learned, Matt Sura

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Matt Sura, University of Colorado Law School

48 slides

An "Equivocal Estoppel": The Strange Career Of Promissory Estoppel In Kentucky Contract Law, Steven Connelly

Kentucky Law Journal

No abstract provided.

The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake

Articles

The general subject of wills upon consideration seems to have given courts and jurists a good deal of trouble, not only in England and America, but also in the continental countries. The Code Napoleon appears in terms actually to prohibit the making of reciprocal or mutual wills in the same instrument.