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Duty Owed to Illiterates ( September 2004 )
The Mississippi Supreme Court has long recognized that "the suggestion of illiteracy cannot prevail for the manifest reason that there cannot be two separate departments in the law of contracts, one for the educated and another for those who are not." For this reason, it is generally held that "a contracting party has a duty to read what he signs and will be charged with knowledge of what he signed even though he fails to read it. [The rule] does not change [simply because] one cannot read or has trouble reading." -
Getting a Fix on the Right to Repair: Builders Must Be Careful When Altering SB 800's Pre-Litigation Procedures ( April 2003 )
Construction defect litigation is one of the many culprits blamed for the cost and scarcity of new residential housing in California and the lack of affordable construction insurance. In an effort to reduce the cost of litigation and insurance, while still protecting homebuyers, the California legislature enacted SB 800 (California Civil Code §895 et seq.) which, among other things, adds notice, repair and mediation procedures to residential construction defect claims. -
Are Prenuptial Agreements Enforceable In Connecticut? ( November 1999 )
It is no secret today that more and more marriages are ending in divorce . -
Courts Refuse to Enforce Arbitration Agreements ( June 1999 )
This article provides a discussion of unenforceable arbitration agreements through an analysis of two California cases. -
Unconscionability in a Commercial Setting ( November 1997 )
Imaging Financial Services, Inc. v. Graphic Arts Services, Inc., 172 F.R.D. 322 (N.D.Ill. 3/28/97). UNCONSCIONABIL.
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