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Articles 301 - 312 of 312

Full-Text Articles in Contracts

Farm Crop Energy V. Old National Bank: A Meaningful Test For Damages Under Promissory Estoppel?, Glen Andrew Anderson Jan 1987

Farm Crop Energy V. Old National Bank: A Meaningful Test For Damages Under Promissory Estoppel?, Glen Andrew Anderson

Seattle University Law Review

This Note proposes that an award of lost profits under promissory estoppel should be made only when the circumstances surrounding the making of the promise justify enforcing it as if it were a contract. Operating on the assumption that a promise is found to be a reasonable basis for reliance, this Note will propose some criteria by which a court can determine when a promise justifies a damage award in excess of the costs of reliance. These criteria will then be applied to the Farm Crop facts to demonstrate that remedies can be administered under a standard that is rational …

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A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha Jan 1986

A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha

Seattle University Law Review

This Article develops how Washington courts historically have interpreted construction industry indemnification clauses. The Article first addresses the substantive and the primary issue of liability, vel non, under construction industry indemnification provisions. After offering a historical analysis of Washington case law on the subject, the Article analyzes the recent statutory amendments to section 4.24.115 of the Washington Revised Code, which substantially impact the current state of the law and which should resolve many unsettled or ambiguous issues in the case law. This Article then discusses some unique issues that have arisen in the context of attempts to judicially enforce these …

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The U.C.C. And Franchise Act Remedies: Coast To Coast Stores, Inc. V. Gruschus, Misty Ellen Mondress Jan 1986

The U.C.C. And Franchise Act Remedies: Coast To Coast Stores, Inc. V. Gruschus, Misty Ellen Mondress

Seattle University Law Review

Coast to Coast Stores, Inc. v. Gruschus was the first Washington case to deal with the potential conflict between the Uniform Commercial Code (U.C.C.) and the Franchise Investment Protection Act (FIPA), arising when a franchisor repossesses goods after a franchisee defaults under a security agreement. The Washington Supreme Court avoided the conflict, however, by holding that because the franchisor never terminated the franchise, the FIPA protections were not triggered. The U.C.C. remedies therefore applied: the franchisor could collect the proceeds of a liquidation sale of the secured goods-in this case the franchisee's inventory and supplies-in reduction of the franchisee's indebtedness; …

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Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust Jan 1985

Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust

Seattle University Law Review

This Note demonstrates that the Washington Supreme Court correctly applied contract principles to the Hindquarter lease dispute. The Note first reviews the historical development of dependent covenants in both residential and commercial contexts. After setting out this important background information, the Note examines Hindquarter and the three factors that influenced the Washington Supreme Court in following the dependent covenants trend: (1) material inducements to execute the lease; (2) the intent of the parties; and (3) equity and policy considerations. The Note concludes that, even though the landlord prevailed in Hindquarter, commercial tenants stand to gain most from the supreme …

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Real Estate Contracts And The Doctrine Of Equitable Conversion In Washington: Dispelling The Ashford Cloud, Linda S. Hume Jan 1984

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 …

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Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger Jan 1984

Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger

Seattle University Law Review

The Washington Supreme Court erred in Chemical Bank by misapplying the distinctions between primary and secondary ultra vires that it had articulated in Edwards v. City of Renton and reaffirmed in Noel. In the interest of consistent, fair, and logical results, the court will ultimately need to retreat from the very technical interpretation of primary ultra vires that it applied in Chemical Bank. Otherwise, the court may find itself splitting hairs over the exact scope of enabling legislation when the statutes and subsequent legislative acts manifest approval of the actions taken.

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Does The Agency Die When The Principal Becomes Mentally Incapacitated?, W. Alfred Mukatis Jan 1983

Does The Agency Die When The Principal Becomes Mentally Incapacitated?, W. Alfred Mukatis

Seattle University Law Review

This Article explores the status of an agency when a competent principal enters into an agency relationship and thereafter becomes mentally incapacitated. On the one hand, does the status of the agency depend on factors relating to the principal such as type, length, or permanence of the incapacity? For instance, is the status of the agency the same when a principal lapses into a coma as it is when a conscious principal is incapacitated because of a mental disease such as schizophrenia? If in a coma, how does the length of the coma affect the status of the agency? Is …

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Consumer Liability For Deficiencies In Washington, Edith R. Warkentine Jan 1980

Consumer Liability For Deficiencies In Washington, Edith R. Warkentine

Seattle University Law Review

This article focuses on a secured party's right to hold a debtor liable for a deficiency when resale of the goods does not satisfy the remaining obligation.

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Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii Jan 1979

Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii

Seattle University Law Review

The addition of the risk capital definition to Washington's securities law will expand regulation to many transactions that in the past were excluded. Although its full application is unforeseeable, the risk capital definition should apply to financing arrangements in the formation of clubs, associations, and cooperatives. Practitioners must be keenly aware that ventures not traditionally defined within Washington's securities regulations many now fall under the risk capital definition of a security.

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Personal Property Security Interests In Washington--Adoption Of The 1972 Official Text Of The Uniform Commercial Code Will Make A Good Law Better, Leland L. Bull, Jr. Jan 1979

Personal Property Security Interests In Washington--Adoption Of The 1972 Official Text Of The Uniform Commercial Code Will Make A Good Law Better, Leland L. Bull, Jr.

Seattle University Law Review

The purpose of this article is to review the Washington State law of personal property security interests under the existing 1962 Text of Article 9 of the Uniform Commercial Code (U.C.C.) adopted by the legislature in 1965 and to introduce the reader to the substantive and procedural improvements adoption of the 1972 Text would make in existing Washington practice.

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To Have And Have Not: The Application Of U.C.C. §2-719 To Clauses Limiting Remedy To Repair Or Replacement And Excluding Liability For Consequential Damages In Commercial Contracts, Joan L. Roth Jan 1979

To Have And Have Not: The Application Of U.C.C. §2-719 To Clauses Limiting Remedy To Repair Or Replacement And Excluding Liability For Consequential Damages In Commercial Contracts, Joan L. Roth

Seattle University Law Review

After outlining the subsections of section 2-719 of the Uniform Commercial Code and suggesting a method for determining to what language in a contract the section should apply, the article discusses the concept of unconscionability that courts must consider under section 2-719(3). It then examines the applicability of section 2-719(2), the "failure of essential purpose" section, to the facts in Washington Supreme Court case Schroeder v. Fageol Motors, Inc. and argues that its application should result in an award of consequential damages, regardless of the fact that the exclusion of consequential damages is conscionable. The article concludes by suggesting a …

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Tied To The Elephant: Organization And Obligation On The Overland Trail, John Phillip Reid Jan 1977

Tied To The Elephant: Organization And Obligation On The Overland Trail, John Phillip Reid

Seattle University Law Review

The gold-seeking emigrants who went by the overland trail to the diggings of California seldom traveled alone. The few who did were usually men too poor to purchase a share of a wagon or, for one reason or another, unable or unwilling to work their way across the continent as hired hands. Most, however, traveled to the Pacific as part of an organization: either shareholders of joint stock companies, partners in a mess, clients of passenger lines, or members of traveling groups. In addition, there was another legal technique overland emigrants utilized when binding themselves in mutual associations-they made contracts. …

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