Statutes of limitation are deadlines imposed by law regarding breach of contract disputes. They define the date by which a legal action must be filed or be barred for untimeliness. In the case of a written contract, the statute of limitations is 4 years from the date of breach. In the case of an oral […]
Resolving litigation through settlement agreements
Courts favor settlement agreements because they bring litigation to a close and allow the parties and the Court to go onto other matters. Professionally prepared settlement agreements will normally include a covenant all disputes – whether known or unknown – are being settled, and that the parties agree to waive the protections of Civil Code […]
Common Contract Disputes
Common contract disputes and the types of litigation claims associated with those contracts include: Real property sales and purchase contracts.These contracts frequently give rise to claims for breach of contract, specific performance, constructive trust, improper disclosures, and fraud. Real estate lease agreements.Commercial lease and residential lease contracts give rise to claims for breach of contract, […]
Contract Defenses in the Corornavirus Era; Force Majeure
The government’s COVID-19 shelter-in-place orders have placed unusual strains on contractual relationships. Employment, construction, landlord-tenant, and other contracts have been impacted, affecting most of our nation’s population. While unusual, such widespread, wholesale, strains on contractual relationships are not unprecedented. The law has dealt with these types of strains before, such as during times of war […]
Contract Disputes: Common Topics
Contract disputes typically concern one or more of the following topics: Was a contract formed?That is: (a) were there parties capable of contracting? (b) did they consent? (c) did their agreement have a lawful object? (d) was their agreement supported by consideration? The issue of consent is sometimes is phrased as whether the parties had […]