Tag Archives: contracts

Public Records Requests as Contracts

Record request — boom contract!

Okay, it is not that easy, but in all seriousness I think  Colorado’s public record laws should generally be treated as a contractual agreement for public policy reasons.

I have alluded to several times in previous blog posts on here, I believe individuals are able to use contractually based arguments effectively in the pursuit of public records.  To take this argument a step further, many provisions in Colorado’s public records laws would suggest that a request is the start of a contractual situation.

Contracts

Photo Credit: NobMouse Flickr.

For the sake of this article I am going to use one of the more straightforward definitions, that I think will serve the purposes of this article as being as accessible as possible to all.  “A very common definition is that a contract is a promise enforceable at law directly or indirectly.”1 Arthur Linton Corbin, Corbin on Contracts, One Volume Edition, at 2; See Restatement (Second) Contracts  § 1 (1981).

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References   [ + ]

1. Arthur Linton Corbin, Corbin on Contracts, One Volume Edition, at 2; See Restatement (Second) Contracts  § 1 (1981).