Frustration of Purpose

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 …

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What is the Purpose of the Bilateral Investment Treaty?

It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties.  Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …

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Legal Representation: Why Should I Hire an Attorney?

Legal Representation

As disputes arise and parties are beginning to consider some form of legal action or resolution process, the parties will likely be considering legal representation.  There are a variety of factors that will go into a party’s decision on whether or not to hire a lawyer, and there are benefits and drawbacks to hiring a …

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Oath in the Courtroom-Nothing but the Truth

Most people have watched a witness stand, raise their right hand, and state the oath in the courtroom before giving their testimony, either in person or by watching a show about the court.  A lot of people could probably recite the oath from memory as well.  Yet many people may not understand the purpose of …

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Understanding Counterclaims – Examples from ADR Times

Understanding Counterclaims Examples

Exploring examples of counterclaims can be beneficial in helping a party understand what issues they can raise against someone who has brought a civil lawsuit against them and how they may try and recover against the same party.  It can also help a party understand when they may have to bring the counterclaim at that …

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Valid Reasons to Get Out of a Subpoena

Valid reasons to get out of a subpoena

Finding a Way Out of a Subpoena After receiving a subpoena, the first thing many people wonder is what some valid reasons they could use to get out of a subpoena are.  Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly …

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What Happens if You Lose in Arbitration?

What Happens if You Lose in Arbitration?

When arbitration is all said and done, there is always going to be a party who feels like they lost the arbitration.  This party will often need to consider what happens when they lose and whether there is anything they can do to contest the award.  Arbitration is often the end of the road because …

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Implied Contracts Explained

Implied Contracts

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 …

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Locus Standi Clarified

Locus Standi

When bringing a lawsuit, the parties may need the term locus standi clarified.  The term is thrown around in a legal context often, but the definition is rarely discussed outside of first-year law school classes except by the occasional legal opinion that deals with the concept.  Yet having locus standi is the foundation of bringing …

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What is a Contingent Contract?

What is a Contingent Contract?

Negotiating the terms of a contract can be difficult, and when the parties are not able to reach an agreement because of something that may happen in the future, they may decide to use a contingent contract to form an agreement.  A contingent contract may sound like an oxymoron, as the finality of contracts is …

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