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Archive for the ‘Contracts’ Category

*All Posts,Contracts,Unjust enrichment

To recover on the basis of unjust enrichment, a party must show that the other party received a benefit and that retention of that benefit without payment would be unjust

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May 2, 2013 at 9:22 am

*All Posts,Agreements,Contracts

Even when the contract on its face is free from ambiguity, evidence of the situation of the parties and the surrounding circumstances and conditions is admissible in aid of interpretation

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May 2, 2013 at 9:20 am

*All Posts,Contracts,Promissory Estoppel

The doctrine of promissory estoppel

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April 5, 2013 at 8:46 am

*All Posts,Agreements,Contracts,Property-settlement-agreement,Settlement agreement

That a settlement agreement is oral, instead of written, is of no consequence

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March 16, 2013 at 3:59 pm

*All Posts,Agreements,Contracts,Property-settlement-agreement,Settlement agreement

That the agreement to settle was orally made is of no consequence

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March 16, 2013 at 3:09 pm

*All Posts,Contracts,Quantum meruit,Unjust enrichment

Contracts implied by law, or quasi-contracts

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March 16, 2013 at 2:53 pm

*All Posts,Contracts,Rescission,Unconscionability

Reformation and rescission

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March 8, 2013 at 10:23 am

*All Posts,Contracts,Property-settlement-agreement,Settlement agreement

A settlement agreement between parties to a lawsuit is a contract

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March 6, 2013 at 7:34 am

*All Posts,Palimony Issues,Unjust enrichment

A defendant can be unjustly enriched by contributions from the plaintiff that are independent of homemaking services, even in the absence of a viable claim for palimony

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March 6, 2013 at 7:27 am

*All Posts,Contracts

In order to sustain a breach of contract action, plaintiff had the burden to show that the parties entered into a valid contract, that the defendant failed to perform its obligations under the contract and that the plaintiff sustained damages as a result

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March 1, 2013 at 9:32 am