Klas v. Van Wagoner’s Empirical Analysis
1992
Citation profile
1 district · 6 state decisions
How this case has been cited
Cited by 8 later decisions — most recently November 2017
1 district · 6 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 Resource Management Co. v. Weston Ranch · Management Services Corp. v. Development Associates · Kimball v. Campbell · Grayson Roper Ltd. Partnership v. Finlinson · Bekins Bar v. Ranch v. Huth
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. The mistake must be of so grave a consequence that to enforce the contract as actually made would be unconscionable. 2. The matter as to which the mistake was made must relate to a material feature of the contract. 3. Generally the mistake must have occurred notwithstanding the exercise of ordinary diligence by the party making the mistake. 4. It must be possible to give relief by way of rescission without serious prejudice to the other party except the loss of his bargain. In other words, it must be possible to put him in status quo.”
2 later decisions quote this exact passage“sellers and buyers should be able to contract on their own terms without the indulgence of paternalism by the courts in the alleviation of one side or another from the effects of a poor bargain. They should be permitted to enter into contracts that may actually be unreasonable or which may lead to hardship on one side.”
1 later decision quote this exact passage
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.