The other day I read an interesting article about the United States Postal Services current money problems. Here are some of the problems that they are facing. Projected annual loss of over $9 billion dollars. Annual losses expected to reach $20 billion dollars by 2015. Need to contribute a $5.5 [...]
Under the common law systems that have developed in Great Britain and the United States, real property has been held in high esteem. Land, due to its uniqueness, and scarcity has unique doctrines that the law only applies to it. Tort law and property law often collide with each other. Personal and real property often [...]
In the previous installment of this two part series, we discussed the concept of unjust enrichment and under what circumstances it can be raised. Unjust enrichment is not available where an express contract exists. In Premer, the Michigan Court of Appeals confirmed how to properly state a claim for unjust enrichment. In order to state [...]
In his article “How Keeping Score Keeps you Accountable”, Mr. Moltz addresses the daily monitoring he must go through in light of his diabetes issue and uses his diabetes to emphasize the significance of monitoring the day to day results for any business. The article serves as a reminder of the importance of both counting [...]
In this two part series we will discuss the contract remedy of unjust enrichment. This first installment will explain the basic concept of unjust enrichment. Part two will discuss how to plead and calculate unjust enrichment. For those not familiar the intricacies of the legal world, legal jargon may seem like a foreign language (and [...]
In a recent decision, Bailey v. Schaff, the Michigan Court of Appeals issued a landmark ruling concerning the obligations that landlords owe to persons on the landlord’s premises. The Court ruled that a landlord has an obligation to call the police once notified of a dangerous situation. The landlord may be liable for damages to [...]
In Michigan, there are three general types of deeds that are used in real estate transactions: quit claim, covenant, and warranty. Each of these deeds has a different legal impact. Sellers and buyers of real estate should fully understand the impact of the deed they are asked to sign, or accept. The deed with the [...]
As I read the John Mariotti article “The Power And Danger Of Self Fulfilling Prophecies” I am reminded of a quote I read decades ago “Perception is a mirror not a fact”. As with the young painter and other characters in the story illustrating Mr. Mariotti’s point, we are all prone to follow the pack, [...]
There are two general types of leases that you may encounter when leasing commercial property. One type of lease is generally referred to as a gross lease. The other type is generally referred to as a net lease. When the phrase “gross lease” is used, that phrase generally refers to a lease in which the [...]
In good news for employers, the Michigan Supreme Court recently ruled that employers are no longer under the Michigan Civil Rights Act (MCRA) strictly liable for the intentional torts committed by supervisors. In Hamed v. Wayne County Sherriff’s Dep’t, the Court overruled a prior decision, Champion v Nationwide Security Inc. In order to better understand [...]
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