Re: Desert Island Test [Re: DRAFT: debian-legal summary of the QPL]
> Please do.
>
> [If you could also provide a cite to the 2nd Restatement of Contracts,
> that would also be appreciated. I'm not quite sure where it falls into
> the context of US legislation or case laws.]
I'll type up some case sites in the morning... in the mean time, I'll just
say that the restatements are an effort by the American Legal Institute (ALI)
to "restate" the common law in one giant text. There is a restatement for
each major area of law (Torts, Contracts, Criminal Law, Property, etc...).
As I understand it... and I've only completed by first year in law school,
so this may be incorrect, the Contracts restatement is the most 'true' of the
restatements, in contrast to the Property Restatement that is actually trying
to proscribe where the law should be heading.
More to the point, the Restatement is NOT law. The case law the restatement
cites as support is the law, but with 51 different jurisdictions to consider,
the ALI and the rest of the legal community rely on the Restatement as a
general guide and then turn to the case law of the specific jurisdiction once
you figure out where the suit is going to be brought and under whose laws.
But impracticability comes from the old courts of England, so I'll bet its
pretty standard.
Ain't the Common Law system great ;)
-Sean
--
Sean Kellogg
2nd Year - UW Law School
c: 206.498.8207 e: skellogg@u.washington.edu
w: http://www.livejournal.com/users/economyguy/ <-- lazy mans blog
"When the only tool you have is a hammer, you tend to treat everything
as if it were a nail."
-- Abraham Maslow
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