When is specific performance preferable to monetary damages?
While it's true that most breach of contract cases get resolved with money changing hands, a financial settlement or verdict is not the only way for a plaintiff to get past the breach. In many cases, you can also get a court order forcing the defendant to do what they...
How to resolve a dispute without litigation
There is a solution to every conflict, even complex disputes between businesses. Litigation is always an option, but in many cases, it should be used when all other avenues to resolve the problem have failed. That does not mean your company should give up or give in...
The importance of having a clear contract
Business relationships are crucial for any start-up or growing company. Among the factors behind a solid business relationship is a clear and well-defined contract that is not subject to misinterpretation. If you want that relationship to continue, you must have a...
Material vs. minor breaches of contract
Any breach of contract can feel like a big deal. But when the emotions settle, not every breach is equally as potentially damaging to your business. It's important to know when a breach is material or minor. A material breach is one that causes the nonbreaching party...
What is tortious interference with a contract?
Business competition can get nasty. Sharp-elbow business practices can cross the line and become illegal. You may have heard of the tort of tortious interference with a contract. When this occurs, a company intentionally interferes in the affairs of a rival company...
Understanding contracts
What is a contract? A contract is a legally binding agreement between two or more parties. A contract is formed when one party makes an offer, another party accepts the offer and both sides are giving something of value. Does it need to be in writing? There are some...
Can you handle contract breaches outside of court?
When you create a contract with other parties, the intent is to ensure everyone is on the same page and there is a remedy if one side does not fulfill their end of the bargain. So how do you handle contract breaches when they happen? Do you always have to go through...