Archive for March, 2010

Does West Side Farming Make Economic Sense? (Part 1) (2010-3-26)

Water supplies for West Side agriculture have been major news items in the past few years.  Many residents, including this writer, are proud of our agricultural heritage and bounty, and have questioned decisions that threaten water supplies for agriculture. Journalist and attorney Lloyd Carter has penned a provocative article that probes the financial integrity of […]

Minority Interest Discount for Breach of Corporate Fiduciary Duties (2010-3-20)

The issue this week concerns the appropriate remedy when controlling shareholder(s) breach the fiduciary duties they owe to the other shareholders.  An article by attorney William S. Monnin-Browder discusses whether courts should apply a minority interest discount in a forced sale. Background As explained in many published opinions, “stockholders in the close corporation owe one […]

A Comparative Fault Defense in Contract Law – Part 2 (2010-3-14)

This posting continues the question of whether fault should be considered in evaluating a claim for breach of contract, specifically, whether the courts should weigh the “fault” of the non-breaching party. When would such “fault” by the non-breaching party arise?  It would seem that three time frames could be considered: Before (i.e., during the formation […]

A Comparative Fault Defense in Contract Law – Part 1 (2010-3-7)

This week’s posting considers whether culpability should be considered in a claim for breach of contract.  The traditional answer in the U.S. (traditional at least since 1900) is No. As discussed in a recent symposium, “In terms of the Restatement of Contracts conception, then, contract law is strict liability without a contributory negligence defense . […]