Malani v. Clapp’s Empirical Analysis
1975
Citation profile
4 district · 28 state decisions
How this case has been cited
Cited by 34 later decisions — most recently June 2020 · most notably F. Enterprises, Inc. v. Kentucky Fried Chicken Corp. (1976), Tabieros v. Clark Equipment Co. (1997)
4 district · 28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Low v. Honolulu Rapid Transit Co. · Application of Pioneer Mill Company · Hawkinson v. Johnston · Franco v. Fujimoto · Enco, Inc. v. F. C. Russell Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]t is an elementary rule of contract law that there must be mutual assent or a meeting of the minds on all essential elements or terms in order to create a binding contract. And where a contract is complete and certain with respect to the essential and material terms and conditions of a lease, and no further negotiations as to other essential matters are contemplated, such a contract to enter into a lease will be enforced.”
1 later decision quote this exact passage · from the majoritye.g. Mednick v. Davey“[i]n contract or in tort, the plaintiff has a duty to make every reasonable effort to mitigate his [or her] damages. The burden, however, is upon the defendant to prove that mitigation is possible, and that the injured party has failed to take reasonable steps to mitigate his [or her] damages.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.