“Lenawee County Board of Health v. Messerly”的意思、由来-开放百科全书

词条

Lenawee County Board of Health v. Messerly

释义

Facts
Judgment
See also
Notes

Lenawee County Board of Health v. Messerly, 331 N.W.2d 203 (1982) is a US contract law case decided by the Supreme Court of Michigan. It used a risk of loss analysis to justify the denial of recission as a contract remedy despite the presence of mutual mistake.^[1]

Facts

The Pickles bought a {{convert|600|sqft|m2|adj=on}} three unit dwelling for use as a rental property from the Messerly's, only to discover that an illegal septic system had contaminated the ground. Pickles sought recission and Messerly sought a deficiency judgment.

Judgment

The Supreme Court of Michigan backed away from the precedent of Sherwood v. Walker in favor of the Restatement (Second) of Contracts, and relied on an "as is" clause in the land contract to deny recission.^[2]

Notes

1. ^Ayres, I. & Speidel, R.E. Studies in Contract Law, Seventh Edition. Foundation Press, New York, NY: 2008, p. 508
2. ^Ayres, p. 508

5 : United States contract case law|1982 in United States case law|Michigan state case law|1982 in Michigan|Law articles needing an infobox

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Facts

Judgment

See also

Notes