Exclusionary Clause Literature Review
Am. Fam. Mut. Ins. Co. v. American Girl, Inc., 673 N.W.2d 65, 268 Wis. 2d 16, 2004 W.I. 2 (2004). […]
Exclusionary Clause Literature Review Read More »
Contract LawAmbiguous Insurance Exclusions and the Importance of Clear Contract Language
Insurance exclusions illustrate a broader contract principle: a party seeking to limit coverage must use language clear enough to communicate the limitation.
Ambiguous Insurance Exclusions and the Importance of Clear Contract Language Read More »
Contract LawA Framework for Analyzing Strict Liability, Exculpatory Clauses, Contributory Negligence, and Vicarious Liability
Complex tort problems become more manageable when each theory of liability and each defense is analyzed separately before their effects are combined.
The Relationship Between Contract Law and Property Law Doctrines
The Declaration of Independence holds that the founding principle of the American society is that all men are created equal
The Relationship Between Contract Law and Property Law Doctrines Read More »
Contract Law, Property LawObjective and Subjective Theories of Contract Law.
The difference between the “objective” and “subjective” theories of contract law. Subjective and objective theories of contract law are different
Objective and Subjective Theories of Contract Law. Read More »
Contract LawWhat Makes a Communication a Contractual Offer?
A contractual offer is more than an invitation to negotiate: it is a sufficiently definite manifestation of willingness to be bound upon acceptance.
What Makes a Communication a Contractual Offer? Read More »
Contract LawWhy Past Consideration Usually Cannot Support a New Promise
Contract consideration generally requires a bargained-for exchange; a benefit or detriment completed before a later promise is made is ordinarily not part of that exchange.
Why Past Consideration Usually Cannot Support a New Promise Read More »
Contract LawRestitution 3
Last Christmas, Aunt Jane gave her niece Sylvia $1,000 as a gift. Aunt Jane had hoped that Sylvia would use
Mental Capacity 3
The Courts use two tests to determine whether a party has the required mental capacity to the enter into a
Intoxication and Contractual Capacity: When Drugs or Alcohol Can Affect Enforceability
Intoxication does not automatically invalidate a contract; the key questions are the person’s functional capacity and the other party’s knowledge at the time of agreement.
Intoxication and Contractual Capacity: When Drugs or Alcohol Can Affect Enforceability Read More »
Contract LawMental Incapacity and Contract Enforceability: The Functional Capacity Inquiry
A diagnosis alone does not determine contractual capacity; the legal inquiry focuses on whether a person could understand the transaction or act reasonably in relation to it.
Mental Incapacity and Contract Enforceability: The Functional Capacity Inquiry Read More »
Contract LawWhen Freedom of Contract Yields to Public Policy
Contract law strongly favors voluntary agreements, but courts will not enforce every bargain when enforcement would conflict with important public policy.
When Freedom of Contract Yields to Public Policy Read More »
Contract Law, Public PolicyThe Relation Between Contract Law and Public Policy
The relationship between contract law and public policy is that while contract law promulgates the general concept of freedom of
The Relation Between Contract Law and Public Policy Read More »
Contract LawRestitution and the Law of Restoring Unjustly Retained Benefits
Restitution focuses on restoring a benefit when one party would otherwise retain value under circumstances the law considers unjust.
Restitution and the Law of Restoring Unjustly Retained Benefits Read More »
Contract LawThe Elements of Unjust Enrichment: Benefit, Expense, and the Absence of Justification
A structured approach to unjust enrichment using mistaken payments, transferred property, and other benefit-based disputes.
The Elements of Unjust Enrichment: Benefit, Expense, and the Absence of Justification Read More »
Contract Law, Property Law