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Justia Daily Opinion Summaries

Washington Supreme Court
September 11, 2020

Table of Contents

Borton & Sons, Inc. v. Burbank Properties, LLC

Civil Procedure, Contracts, Real Estate & Property Law

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Legal Analysis and Commentary

Law and Non-Legal Entitlements: Kate Manne’s Entitled: How Male Privilege Hurts Women

LESLEY WEXLER

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Illinois law professor Lesley Wexler comments on philosopher Kate Manne’s recent book, Entitled, in which Mann tackles “privileged men’s sense of entitlement” as a “pervasive social problem with often devastating consequences.” Wexler praises Manne’s work as “illuminating” and calls upon lawyers and law scholars to ask how such entitlements might best and safely be challenged and reallocated, and how new more egalitarian entitlements might be generated and enforced.

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Washington Supreme Court Opinions

Borton & Sons, Inc. v. Burbank Properties, LLC

Docket: 97690-2

Opinion Date: September 10, 2020

Judge: Yu

Areas of Law: Civil Procedure, Contracts, Real Estate & Property Law

When a lessee does not timely exercise an option contained in a lease agreement, special circumstances may warrant granting them extra time to exercise the option. In this case, petitioner Burbank Properties LLC mailed its notice shortly after the deadline had passed, and the trial court awarded Burbank an equitable grace period to exercise the option on summary judgment where it was undisputed that no valuable permanent improvements were made. The Washington Supreme Court granted review to decide valuable permanent improvements to the property were a necessary prerequisite to granting the equitable grace period. The Court held that granting an equitable grace period was proper only when a lessee made valuable improvements to property that would result in an inequitable forfeiture if the lessee was not given a grace period.

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