You’ve likely heard the phrase “there’s always a loophole” when people are discussing a contract, and many times it is true. If a party has a savvy attorney or understands the business of creating and signing contracts, they will often try to include a clause to excuse themselves from performing a term in the contract. …
Finding a Way Out of a Subpoena? After receiving a subpoena, the first thing many people wonder is what valid reasons they could use to get out of a subpoena. Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly can result …
Commercial impracticability may be a term that is most commonly discussed in law school classrooms and cases revolving around a contract claim. The term is not discussed frequently outside of the people that deal with it daily, but it can be an important term to know when faced with a contract that has been influenced …
Arbitration is often touted as a fantastic alternative to litigation, and many times it is. However, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution …
With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …
The Oxford English Dictionary (OED) defines “litigate” (from 17th Century Latin litigat, meaning “disputed in a lawsuit,” as “verb… take (a claim or a dispute) to a court of law.” Interestingly, the OED’s compilers chose this sentence as an example of proper usage of the word “Litigate”: “even a claim which is litigated and defended successfully involves high …
Implied contracts are typically not explained or considered until there is an issue with the agreement that the implied contract is responsible for upholding. Implied contracts are actions or behaviors on the part of the parties that demonstrate an agreement between the parties, even if it is not spoken. These contracts are compared to express …
Opening statements in mediation set the tone for the rest of the mediation process. They open the mediation and begin the conciliatory process. Both the mediator and parties have the opportunity to set the stage for what they hope to accomplish and how they see the issues at hand. Because they hold so much power …
What does the perfect arbitration agreement look like? If you are seeking one agreement that will be ideal across the board, there is no such thing. Of course, there are provisions that should be in your arbitration agreement. Before discussing how to draft the perfect arbitration agreement, we should consider some of the arbitration’s imperfections. …
When creating a contract, few people imagine that they will need to use the frustration of purpose to stop performing under the contract. However, no one can foresee how things will happen as the contract moves on, and events can render the contract useless to its purpose. Contracts are agreements between two or more parties …
