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Archive for the ‘Contracts’ Category

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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The elements of fraud in the inducement

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August 28, 2014 at 9:10 am

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Corporate officers and employees may be charged individually under a participation theory with a tort committed by the corporate employer, but not for breach of contract by the corporation

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August 28, 2014 at 8:58 am

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Interference with a business relation or contract

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August 28, 2014 at 8:55 am

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A material breach of a contract relieves an aggrieved party of its obligations under the contract

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August 28, 2014 at 8:52 am

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Courts are generally obligated to enforce contracts based on the intent of the parties, the express terms of the contract, surrounding circumstances and the underlying purpose of the contract

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August 26, 2014 at 8:21 am

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The interpretation of a contract is ordinarily a legal question for the trial court to decide and is subject to de novo review

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August 22, 2014 at 8:36 am

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When the lawyer has not regularly represented the client, the basis or rate of the fee shall be communicated in writing to the client before or within a reasonable time after commencing the representation

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August 14, 2014 at 2:24 pm

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