Today--5 Minutes Late

I will be about 5 minutes late for class today.

I have a short task I have to perform at 1:15.

Willard Diagram

Estoppel and Part Performance

Assume A orally agrees to grant his neighbor, B, a perpetual right-of-way easement over A's property Blackacre from B's property Whiteacre. B spends $5000 grading the right-of-way and putting down some gravel. After a few years, A informs B that he is no longer allowed to use the right-of-way on Blackacre.

The doctrines of estoppel and part performance are equitable doctrines which take an oral easement out of the Staute of Frauds. In other words, the oral easement will be recognized in equity which, in order to do justice, will "block the Staute's application." (Hornbook at 457).

Estoppel Theory

Hornbook p. 458: "If this theory is employed, one reasons as follows: the oral grantor represented to the grantee that he had an easement...upon the grantor's land; in reliance upon the representation, the grantee expended money or labor or made improvements upon or with reference to the easement...--detrimental reliance; and therefore, the grantor became estopped to deny the easement."


Part Performance Theory

Hornbook at p. 458: "The same facts that invoke the estoppel theory will usually support the equitable part performance theory. Here the reasoning is that the oral grantee's acts, making improvements of a kind one would make if one had an easement...,give tangible evidence, independent of the spoken words, that such an interest exists. The acts themselves 'speak of' an easement...; the trier of fact need not rely on the oral statements alone." In other words, the acts of part performance substitute for a writing to demonstrate or prove the existence of the easement.

Oral Licenses

But now suppose the oral promise is "I hereby give you permission, revocable at will, to use my land for a right-of-way." The licensee spends money constructing the right-of-way. The above doctrines allow an oral easement to be given effect in accordance with the oral promise notwithstanding the Statute of Frauds. But should those doctrines be used to transform a revocable oral incense into an irrevocable perpetual easement? Does justice require forcing a "grantor" to give much more than he promised to give?

As Prof. Clark Once put it: "Instead of the picture of the licensor prevented by the courts from taking advantage of his own fraud, it is suggested that a truer picture is that of a kind, neighborly individual who finds himself outwitted, under this rule of law, by a clever land-grabber."

What do you all think?

Pound Lecture Wednesday March 27 at Noon!!!!

I am requiring the class to attend the Pound Lecture on Wednesday March 27 at Noon in the Auditorium. The lecture is property related--Corporate Purpose in a Populist Era, by one of the leading Corporate Law Profs in the country, Prof. Stephen Bainbridge.

Note: By a unanimous vote of the class, we will account for the required Pound Lecture by cancelling class tomorrow--Thursday March 14.

HAPPY SPRING BREAK

"Ryan the Lion" at the Bar

This was an ad I saw on a bus in Dallas over Spring Break.  No comment.

Class Schedule

                                               Katie Duncan with her Paint, "Easy" Duncan

We have 8 classes that need to be canceled (7 because of our 60-minute classes and 1 because of our double-header for Poletown Documentary).


Here is what I know so far about class cancellations:

1. Wed-Fri February 20-22
4. Friday March 15
5.Wednesday April 3
6.Wednesday April 10
7. 
8.


The class we missed last week due to my flight being cancelled (Wednesday January 23) will be made up with a review session we will have shortly before our final exam. And also by your attending The Pound Lecture in March (which I am requiring).

Recording of Today's Class (Thursday March 7)

Several of you missed class today because of snow. I asked Richard to record it:

Good Afternoon,

                Here is the requested link to your recording:

https://unl.box.com/s/3qxt57rx070zsmlsbinfiy2hfzayoiai

Richard McDermott

Link to Recording of Friday's Early Class

        Here is the requested link to your recording:

https://unl.box.com/s/wi1zu31g01ulo7b36g8xsna40oc67149

Richard McDermott

1L Scheduling Survey

Please comment below--we are interested in your views.

Here are some of the options:

1. Faculty is committed to ensuring that no more than 4 classes will be scheduled for any one day

2. Should classes be 50 minutes three times a week, 60 minutes three times a week, or 75 minutes twice a week.

60 minute classes allow 7 classes to be cancelled without make-ups.
75 minute classes allow zero classes to be cancelled--make-up classes (for snow days, holidays, days when professor has a conflict) will be required (probably on Saturdays or nights)

3. should International Perspectives course be moved to 2L year and Criminal Law moved to Spring Semester.

4. Any other scheduling concerns.