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Showing 18 posts in Contracts.

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

“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

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

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

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

Forming a Contract: I Accepted the Offer, Didn’t I?

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When it looks like a contract and reads like a contract, is it really a contract? Maybe not! Continue Reading ›

Tags: Commercial Liability, Contracts

Avoiding the Bitter Pill of a Missing or Poorly-Crafted Operating Agreement

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Wise business owners and members invest up front in well-crafted operating agreements. Continue Reading ›

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

Be Careful not to Waive Arbitration After Requesting it in Your Contracts

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Strategic advantage may be gained in contract disputes by deciding early whether to pursue arbitration. Continue Reading ›

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

Exactly Who is Covered by an Arbitration Clause… and for What?

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Michigan Supreme Court reaffirms longstanding rules of contract law in arbitration agreements.   Continue Reading ›

Tags: Alternative Dispute Resolution (ADR), Commercial Liability, Contracts

A Fraudulent Inducement May Cause Your 'Ironclad' Contract to Rust

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Despite careful review, fraudulent inducements can jeopardize otherwise well-crafted contracts. Continue Reading ›

Tags: Business Risk Management, Commercial Liability, Contracts, Fraud Activity, Risk Management
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