Courts hesitate to imply lease conditions, forcing lawyers to draft explicit contingency clauses
Evidence
Our court is likely to be hesitant about implying conditions in leases, and this suggests that we ought to try to deal explicitly with any contingency which has a substantial chance of arising. The trouble is that it takes time to work these things out, and Mrs. Landy’s bill is already headed toward a figure that is likely to take her breath away. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3411
Categorization
- XREF: Connects to ch19/ch27 where courts’ treatment of custom and implied terms shapes private arrangements; and to the LGST institutional-theme. — connects to: Lawyers should prefer workable settlements over laying foundations for lawsuits — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3395; Courts imply contract terms only when parties would obviously have included them — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3487; Termination-right clauses work best when hedged with tenant protections against their abuse — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3443 (+3 more)
Broader Connections
- Deliberately incomplete contracts force ongoing negotiation that courts cannot provide
#qualifies(0.82) — Diego Gambetta, Trust - Making and Breaking Cooperative…, 2526 - Legal uncertainty creates disputes, litigation, and judicial discretion
#corroborates(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 214 - Courts can pervert ambiguity doctrine to rewrite unambiguous contracts
#expands(0.72) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 885