Daily Signal – What You Need to Know About Gay Marriage and the Supreme Court

By Mike Licht

by Ryan T. Anderson, Daily Signal, April 21, 2015

One week from today, the Supreme Court will hear oral arguments about gay marriage. Here’s what you need to know.

  1. There simply is nothing in the U.S. Constitution that requires all 50 states to redefine marriage. Whatever people may think about marriage as a policy matter, everyone should be able to recognize the Constitution does not settle this question.

Unelected judges should not insert their own policy preferences about marriage and then say the Constitution requires them everywhere. Continue reading →

Contracts – Defenses to Formation

In contract law, four requirements must be met in order for there to be a contract. The first three elements are offer, acceptance, and consideration. They are dealt with fully elsewhere. The fourth is applicable defenses. It is vital to fully understand every defense because a single valid defense can render an entire contract voidable, unenforceable, or even completely void.

Contracts are also unenforceable if there is no consideration, but that also is a whole different subject, with its own special exceptions, limitations and other nuances. So, instead of trying to get an overview of the entirety of the law of contracts, let us get a general overview of the defenses to formation of a contract.

There are nine defenses. They are the statute of frauds, incapacity, illegality, the parol evidence rule (which is more of an evidence rule, as its name indicates), unconscionability, mistake, misrepresentation, duress, and undue influence. Continue reading →