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Archive for the ‘Contracts’ Category

The law does not concern itself with trifles

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October 28, 2014 at 6:14 am

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A tort remedy does not arise from a contractual relationship unless the breaching party owes an independent duty imposed by law

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October 22, 2014 at 10:01 am

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To establish a breach of contract claim, a plaintiff has the burden to show that the parties entered into a valid contract, that the defendant failed to perform his obligations under the contract and that the plaintiff sustained damages as a result

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October 22, 2014 at 9:26 am

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Where a party has gained an unfair advantage by virtue of a fraudulent misrepresentation, and monetary damages alone will not satisfy the injury sustained by the aggrieved party, courts have looked to the equitable remedy of rescission to eliminate the damage

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October 17, 2014 at 8:46 am

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A contract is said to be divisible when performance is divided in two or more parts with a definite apportionment of the total consideration to each part

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September 25, 2014 at 8:18 am

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A successful defense of impossibility (or impracticability) of performance excuses a party from having to perform its contract obligations, where performance has become literally impossible, or at least inordinately more difficult, because of the occurrence of a supervening event that was not within the original contemplation of the contracting parties

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September 25, 2014 at 5:47 am

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The implied covenant of good faith and fair dealing

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September 19, 2014 at 6:39 am

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Reformation based on mutual mistake requires clear and convincing evidence that the parties’ minds have met in a prior existing agreement that their written agreement fails to express

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September 8, 2014 at 8:00 am

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Suretyship is a contractual relation resulting from an agreement whereby one person, the surety, engages to be answerable for the debt, default or miscarriage of another, the principal

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September 8, 2014 at 7:57 am

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Ambiguity in a contract exists if the terms of the contract are susceptible to at least two reasonable alternative interpretations

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September 3, 2014 at 6:05 am

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