Whether contracting your kid to mow the lawn at home or executing a multi-million deal, you should probably read this blog post first for some important contract interpretation considerations.
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Ignorance of the terms in a personal guarantee agreement likely won’t save you from paying up under Michigan law.
Breach of contract claims require plaintiffs to prove the contract existed, a breach occurred AND damage resulted, regardless who breached first.
Paying the debts of another is complicated business, especially under Michigan’s version of the statute of frauds.
Steer clear of inconsistent contract, tort and equitable theories in litigation to position your case for a successful and cost-effective outcome.
When the enforceability of a contract turns on a party’s “good faith,” these are much more than just words.
When it looks like a contract and reads like a contract, is it really a contract? Maybe not!
Wise business owners and members invest up front in well-crafted operating agreements.
Strategic advantage may be gained in contract disputes by deciding early whether to pursue arbitration.
Michigan Supreme Court reaffirms longstanding rules of contract law in arbitration agreements.
Despite careful review, fraudulent inducements can jeopardize otherwise well-crafted contracts.
When modifying a contract, best practice is to always detail changes in writing with appropriate approvals by all parties.
Caution is advised when reviewing contracts electronically, because that click, reply or e-signature could legally bind you to the deal.
Integration clauses cannot typically be used to defend against fraud in the inducement claims to invalidate a contract.
Disclosure of the principal in a contract must occur to avoid agency liability.
Fat finger alert: In today's tech driven environment, a simple email acknowledgement could confirm acceptance of dispute resolution terms.
Is your company prepared to defend litigation stemming from an Internet data breach?
Include language in standard contracts to maximize the likelihood your company is paid in the event of a customer's financial distress or bankruptcy.
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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?