Category: Contracts

Preliminary injunction

Posted in *All Posts, *Federal Court, Breach of Contract, Contracts, Damages, Injunctive relief, Litigation

A contract will not be construed to indemnify the indemnitee against losses resulting from its own negligence unless such an intention is expressed in unequivocal terms

Posted in *All Posts, Contracts, Exculpatory Clause

Because an exculpatory clause operates to relinquish one party from a legal right, while relieving the other party of owing a duty of reasonable care, an exculpatory release agreement must, on its face, reflect the unequivocal expression of the party giving up his or her legal rights that this decision was made voluntarily, intelligently and with the full knowledge of its legal consequences

Posted in *All Posts, Contracts, Exculpatory Clause

Quantum meruit is a form of quasi-contractual recovery and rests on the equitable principle that a person shall not be allowed to enrich himself unjustly at the expense of another

Posted in *All Posts, Contracts, Quantum meruit, Unjust enrichment

A breach of contract claim

Posted in *All Posts, Breach of Contract, Contracts

Promissory estoppel arises where the reliance is on a promise, and not on a misstatement of fact

Posted in *All Posts, Agreements, Contracts, Promissory Estoppel

Unjust enrichment is a remedy that may be imposed when there is no express contract providing for remuneration

Posted in *All Posts, Contracts, Unjust enrichment

Essential terms are those that the parties would reasonably regard as vitally important elements of their bargain, an inquiry that depends primarily on the intent of the parties

Posted in *All Posts, Contracts

A claim for unjust enrichment

Posted in *All Posts, Contracts, Unjust enrichment

Where there was evidence of a considerable sacrifice of important economic advantages, contract contemplating permanent employment was enforceable

Posted in *All Posts, Agreements, Contracts, Employment Law