The Implied Warranty of Habitability and the Non-Merchant Landlord

This article examines the issue of whether the implied warranty of habitability should be imposed on non-merchant landlords. The author explores the rationales which supported the creation of the warranty, examines the content of the warranty and discusses the reasons for the requirement of merchant status in product liability law. Finally, the author concludes that the policies of the implied warranty of habitability would most readily be served by its application to non-merchant landlords in a contract context and in a tort context predicated upon a negligence standard

The Case for an Implied Warranty of Quality in Sales of Commercial Real Estate

Although the application of an implied warranty of quality is now widespread in the sale of new homes, relatively few courts have considered whether implied warranty protection should extend to purchasers of commercial property. Of these courts, some have rejected the application of the warranty based on the assumption that a purchaser of commercial property is capable of acting for his own protection. Other courts, minimizing the significance of the purchaser\u27s investor status, have held that an implied warranty of quality applies in sales of commercial as well as residential property. This Article will demonstrate that an implied warranty of quality should be imposed in sales of commercial property and will make recommendations about the application of such a warranty. Part I examines the evolution, policies, and scope of the implied warranty of habitability as that warranty has applied to sales of residential property. Part II examines the divergent approaches that courts have used in cases concerning sales of commercial property. Part III then evaluates whether the rationales supporting the implied warranty of habitability apply in sales of commercial property, and contends that they do. Finally, the Article proposes standards for the application of an implied warranty of quality tailored to the issues likely to confront courts with respect to sales of commercial property

Theories of Recovery for Sexual Harassment: Going beyond Title VII

In this Article, Professors Dworkin, Ginger, and Mallor articulate and evaluate theories of recovery for sexual harassment outside of title VII of the Civil Rights Act of 1964. It initially reviews the development and expansion of the concept of sexual harassment. It then explores the reasons for plaintiffs to seek a cause of action outside of title VII. Finally, the Article presents a discussion of the application and advantages of each alternative theory of recovery. The authors conclude by noting that the opportunities for recovery have expanded well beyond title VII and will continue to expand