Kansas Law Review, Vol. 30, No. 4 (Summer 1982), pp. 533-570


Because the current remedial scheme represents a blend of property and contract Law, an adequate assessment requires delving into the property framework that existed before its revamping by contract. In part II, therefore, the focus will be on the remedial options traditionally associated with property law.... Part III will examine the significant contract doctrines in this area of the law -- breach by anticipatory repudiation and the avoidable consequences rule. An important concern is whether the contract and property rules have been or can be melded together in an overall remedial scheme that is conceptually understandable and practically consistent in the results it produces. Part IV addresses the shortcomings that exist in the present dual remedial scheme These shortcomings are due partly to preexisting weaknesses in the traditional property structure and partly to the inability of the property and contract remedies to work together as a coherent, unified whole. This Article will suggest that a more workable and understandable system would be achieved if the landlord's remedies were approached entirely from the standpoint of contract.