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 LawMarijuana policy demonstrates how legal rules change through the interaction of public opinion, medical evidence, economics, federalism, enforcement priorities, and political institutions.
How Public Policy Changes: Marijuana Reform as a Case Study Read More »
Public PolicyContract 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 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 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 LawA 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 LawCase Citation: Gray v. Reynolds, 514 So. 2d 973 (Ala. 1987). Parties: Van Gray, Plaintiff / Appellant
Gray v. Reynolds, 514 So. 2d 973 (Ala. 1987). Read More »
Case BriefsOne interesting point I’ve observed is that Blum states that on instantaneous transactions or exchanges, where no one makes a
Goods Shall be fit for Such Purpose Read More »
Contract LawThe parol evidence rule protects final written agreements from contradiction by certain earlier or contemporaneous agreements while preserving important exceptions.
The Parol Evidence Rule: Integrated Agreements and the Limits of Prior Negotiations Read More »
Contract LawThe predominant ideologies involved in contract law are that parties are free to voluntarily come together to be bound in
Exchange Relationships & Meeting of the Minds Read More »
Contract LawThe Purpose of Oaths in Public and Institutional Life Oaths have long served as a formal way of marking the
Oaths Religion Government Read More »
Constitutional LawIn answering the two questions presented in this week’s forum, first, I believe Public officials should not be required to
Torcaso v. Watkins illustrates the constitutional prohibition on conditioning public office on a declaration of religious belief.
Religious Tests for Public Office and Torcaso v. Watkins Read More »
Constitutional LawRodney and Kamal, thanks for the great posts. I’d like to add that because the U.S. Constitution is the law
Religious Tests – Torcaso v. Watkins Read More »
Constitutional LawProvided is an argument against the States of Ohio, Michigan, Kentucky, and Tennessee’s position in Obergefell where these states either
Same Sex Marriage Obergefell v. Hodges Read More »
Constitutional Law