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here's some law stuff for ya

January 27, 2006

Here’s an article for all you Contracts lovers.

My thought is, even if the plaintiffs can’t recover up to the lost opportunity costs, i.e., how much they’d have to spend now to get what they would have gotten had the construction gone forward, they can at least ask for the lost profits (lost interest) on their deposits. I hope the contracts weren’t written so loosely as to allow the developer to keep the interest. Of course, if they do try that, the plaintiffs could counter by claiming the contracts were contracts of adhesion. However, anyone willing to spend that much on an APARTMENT in the DESERT probably can’t effectively make that argument. (I don’t know enough about property yet, either, to know if there are property considerations in this situation.)

See? I remember contracts!

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Categories: 1L
  1. January 27, 2006 at 8:36 pm

    Wow. Impressive. And you’re making me nervous. I’m about to take the bar, and well, I don’t remember anything more than phrases like “integration clause” and the Elway car dealership case.

    Uh-oh. I’d better hop to it.

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