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Free Dos and Don'ts Guide

Showing 44 posts in Commercial Liability.

Freedom to Contract Jeopardized When Fact Finder’s ‘Sense of Fairness’ Becomes Determinative

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Implied duties pertaining to contractual performance should not be misconstrued to allow for challenges to a contact’s fairness. Continue Reading ›

Tags: Commercial Leasing, Commercial Liability, Contracts

Failure to Understand Terms of Personal Guarantee Agreements Will Likely Cost You

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Ignorance of the terms in a personal guarantee agreement likely won’t save you from paying up under Michigan law. Continue Reading ›

Tags: Business Risk Management, Commercial Liability

Collateral Estoppel may Apply to Vacated Judgments Post-settlement

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Think your case is settled and over? Maybe not after this recent federal appeals court ruling involving the legal principle of collateral estoppel. Continue Reading ›

Tags: Business Risk Management, Business Torts, Commercial Liability

“But he hit me First” Might Work With Mom, but not Necessarily for Defending Breach of Contract Claims

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Breach of contract claims require plaintiffs to prove the contract existed, a breach occurred AND damage resulted, regardless who breached first. Continue Reading ›

Tags: Commercial Liability, Contracts

Exceptions Complicate Res Judicata Doctrine’s Ability to Bar Additional Claims

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Seemingly cut and dry legal doctrine known as res judicata may not end a legal dispute after all. Continue Reading ›

Tags: Commercial Liability

Promises to pay Another’s Debts Might fall Within Statute of Frauds; Then Again, Maybe not

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Paying the debts of another is complicated business, especially under Michigan’s version of the statute of frauds. Continue Reading ›

Tags: Commercial Liability, Commercial Loans, Contracts, Fraud Activity

I can amend my pleadings, can’t I?

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Your amended pleading may not be allowed under Michigan’s relation back doctrine unless the new claims or defenses relate back to the original pleading date. Continue Reading ›

Tags: Commercial Liability

When is a Tort Claim Instead an Actionable Contract Claim?

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Steer clear of inconsistent contract, tort and equitable theories in litigation to position your case for a successful and cost-effective outcome. Continue Reading ›

Tags: Business Risk Management, Business Torts, Commercial Liability, Contracts

The Evolving Concept of Privacy

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Technology continues to change our lives and businesses, but do we understand the inherent vulnerabilities that come with this new tech age? Continue Reading ›

Tags: Commercial Liability, Cyber Attack, Cybersecurity

Why Acting in ‘Good Faith’ can Make all the Difference

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When the enforceability of a contract turns on a party’s “good faith,” these are much more than just words. Continue Reading ›

Tags: Commercial Liability, Contracts
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