Hidden disabilities: antidiscrimination laws and their impact on use of real property

Article Abstract:

Recent cases illustrate the breadth of the antidiscrimination passages in the Americans with Disabilities Act and the Fair Housing Amendments Act. In one case, a woman with lupus successfully sued a fast-food franchise because they allowed smoking. This upset her condition and it was ruled that reasonable accommodations had not been made. In another case, the family of a mentally ill condominium owner who did strange things in the lobby sued the condominium association for attempting to ban her presence in public areas.

Cases, Discrimination against disabled persons, Handicapped discrimination, Passive smoking, Housing discrimination

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The evolving nature of title insurance as a contract: removing the notions of panacea

Article Abstract:

Title insurance does not provide perfect protection in every situation that can arise. A title search contract is necessary to ensure title insurance liability. Despite the public perception of the safety provided by title insurance policies, a policy in and of itself does not provide adequate protection against a negligent search. Several court rulings narrowing the limits of title insurer liability are discussed.

Direct Property and Casualty Insurance Carriers, Title Insurance, Contracts

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Those mitigating circumstances: landlords are now in them

Article Abstract:

The change in the courts' attitude towards landlords' mitigation responsibility is discussed and involves a move towards favoring the tenant and requiring the landlord to act when a lease is abandoned.The residential duty to mitigate was then carried to commercial leases leaving only 15 states by 1995 following the common law rule protecting the landlord.

United States, Landlord and tenant, Leases, Landlord-tenant relations, Extenuating circumstances

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