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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/contract0193 and id is 1 raw text is: CONTRACTS Generally D.Or.2021. Cit. generally in disc. Commercial tenant sued landlords, alleging, inter alia, that it was not obligated under the terms of the parties' lease agreement to perform construction work to separate the two conjoined buildings it was leased; defendants counterclaimed for damages based on plaintiff's breach of its end-of-lease obligations. This court entered judgment for defendants on its counterclaims, holding that plaintiff was not relieved of its obligation to separate the conjoined buildings, because the doctrine of economic waste did not apply to this instant case. In illustrating the history of the economic- waste doctrine, the court observed that the Restatement of Contracts refocused the doctrine towards avoiding economic waste and did not consider whether the breaching party's nonperformance needed to be trivial and innocent. Ross Dress for Less, Inc. v. Makarios-Oregon, LLC, 512 F.Supp.3d 1138, 1156. Md.Spec.App.2021. Cit. generally in treatise cit. in disc. Former tenants who were purportedly injured by lead paint in their rental units brought an action for declaratory judgment against insured landlords and insurers that provided liability coverage for lead-paint injuries to landlords, alleging that a settlement agreement entered into between defendants rescinding their insurance policies did not have any legal effect on plaintiffs' rights to enforce the policies. The trial court granted plaintiffs' motion for summary judgment. This court affirmed, holding that defendants lost the right to modify or rescind their insurance policies. The court noted that the Restatement of Contracts divided third-party beneficiaries into donee beneficiaries and creditor beneficiaries, but The American Law Institute eventually discarded that categorization in the Restatement Second of Contracts. CX Reinsurance Company Limited v. Johnson, 259 A.3d 174, 190. CHAPTER 1. MEANING OF TERMS § 3. Agreement Defined Wash.App.2021. Cit. in sup. Owner of real property that was listed as a hazardous waste site brought an action for declaratory judgment against, among others, insurers of previous owner of real property, alleging that state statutes voided settlement agreements entered into between defendants and previous owner that absolved their duty to cover plaintiff's costs for remediation of environmental pollution. The trial court granted plaintiff's motion for summary judgment. This court affirmed, holding that the settlement agreements violated state statutes. The court explained that the settlement agreement was an agreement, as defined by Restatement of Contracts § 3, that attempted to retroactively annul insurance contracts covering loss for damages to persons or property. Pope Resources LP v. Certain Underwriters at Lloyd's, London, 494 P.3d 1076, 1092. CHAPTER 3. FORMATION OF INFORMAL CONTRACTS COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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