Survey of Oppressive Terms in Commercial Real Property Leases: Unintended Consequences, Hidden Risks and Surprises

December 16, 2010

Commercial Law League of America – The Free Press – Volume 7, Fall 2010

By David J. Cook

What is the rule in Shelly’s case? How about Twine’s case? How about the Rule Against Perpetuities? Do we remember these rules and apply them everyday?

What about the Law of Unintended Consequences? We should all
apply this rule in signing leases, and here is why.For an attorney in private practice, the Law of Unintended Consequences unifies every aspect of running a law office, large, medium and small. This Law focuses our attention to what we fear doing most of all: Signing your name to a business contract and learning later that you affixed your name to a very disastrous deal. You signed your name and what did you get?

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