Implied duties pertaining to contractual performance should not be misconstrued to allow for challenges to a contact’s fairness.
Comments
Proper documentation of personal property sales the best defense to a claim of conversion
Appellate court ruling allows receivers to sell property even if proceeds fail to compensate junior lien holders.
Creditors must closely scrutinize Chapter 13 cases to understand what debts are being discharged and to update business records to ensure discharged debts are not pursued post-bankruptcy.
Integration clauses cannot typically be used to defend against fraud in the inducement claims to invalidate a contract.
The use of clear and simple terms to describe a tenant’s repair and maintenance obligations in a commercial real estate lease can do wonders to avoid misunderstandings and disputes.
Unanticipated expenses or losses might be avoided by a pre-execution review of a commercial lease by a business litigation attorney.
Subscribe
RSS Plunkett Cooney LinkedIn Page Plunkett Cooney Twitter Page Plunkett Cooney Facebook Page
Topics
- Commercial Liability
- Business Risk Management
- Contracts
- Business Torts
- Commercial Real Estate
- Commercial Loans
- Commercial Leasing
- Bankruptcy
- Fraud Activity
- Cyber Attack
- Risk Management
- Cybersecurity
- Real Estate
- Mortgage Foreclosure
- e-Commerce
- Internet Law
- Tax Law
- Statute of Limitations
- Venue
- Residential Liability
- Zoning and Planning
- Consumer Protection
- e-Discovery
- Clawback
- Department of Education (DOE)
- Non-compete Agreements
- Real Estate Mortgages
- Receiverships
- Alternative Dispute Resolution (ADR)
- Fair Debt Collection Practices Act
- Garnishments
- Fair Credit Reporting Act
- Unfair Competition
- Insurance
- Uniform Commercial Code (UCC)
- Shareholder Liability
Recent Updates
- Rules of the Road for Contract Interpretation
- Minority Owner Oppression Claims, an Introduction
- Freedom to Contract Jeopardized When Fact Finder’s ‘Sense of Fairness’ Becomes Determinative
- Failure to Understand Terms of Personal Guarantee Agreements Will Likely Cost You
- Collateral Estoppel may Apply to Vacated Judgments Post-settlement
- “But he hit me First” Might Work With Mom, but not Necessarily for Defending Breach of Contract Claims
- E-Commerce Sales Tax Enforcement Finally Enters 21st Century
- Exceptions Complicate Res Judicata Doctrine’s Ability to Bar Additional Claims
- Promises to pay Another’s Debts Might fall Within Statute of Frauds; Then Again, Maybe not
- I can amend my pleadings, can’t I?