ABSTRACT
The course of legal development, the 'progress of the law', as revealed by this discussion appears to be almost entirely driven by logic. Considered as a matter of logic, the solution can be arrived at quickly, in no more than one or two class hours. In the law of landlord and tenant, predominantly a concern of city-dwellers, an implied covenant of habitability in residential leases was recognized. In the law both of leasing and selling residential real property the shift toward implied covenants was associated with a renewed emphasis on the contractual aspect of the transaction. The ubiquitous Uniform Commercial Code (UCC) popularized in the law of sales of personal property a general warranty of merchantability or fitness for a particular purpose. Emphasis on the moral choice in legal development does not, however, necessarily equate the judicial and legislative roles.
