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Archive for the ‘Contracts’ Category

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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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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