Public Policy, Tort Law and Planned Communities

Excerpt from closing paragraphs:

The consumer home buyer must be protected under the police powers of the state, as we have with Truth in Lending, Truth in Advertising, strict liability, fair housing, etc. In all of these cases the consumer had signed a contract, yet the state felt the necessity to protect the consumer from provisions that were deemed harmful to both the individual and not in the best interest of society. But, somehow, the state continues to see no evils with planned community governing documents, and in any of the onerous provisions that create an unconscionable adhesion contract.

Policy makers must be made to see the fallacies of their current views, and that the continuance of these views only serves to perpetuate these torts, these wrongs, upon innocent people.

View the complete paper here.