Implied duties pertaining to contractual performance should not be misconstrued to allow for challenges to a contact’s fairness.
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.
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- 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?