To prevail on its claim to collect on a promissory note, a lender must prove (1) the existence of the promissory note in question, (2) that the alleged recipient of the funds signed the note, (3) that the lender is the owner or holder of the note, and (4) that a certain balance is due and owing on the note.
Category: Breach of Contract
COVID 19 – How Does It Affect Contractual Obligations?
Sometimes, a business can be excused from performing under a contract due to a force majeure or an “Act of God” provision in that agreement. However, given that COVID 19 is a new phenomenon, there is no clear law on (1) whether COVID 19 qualifies as an “Act of God” or a force majeure event and (2) many contracts will need to be interpreted to determine whether their particular force majeure clauses encompass COVID 19. Needless to say, the parties may disagreed about the interpretation.
Client Non-Solicitation Agreements for Hair Salons, Med Spas, and Others in the Beauty Industry: Writing and Enforcing Them (Part I)
A good non-solicitation and confidentiality agreement, combined with other key provisions, and smart business practices, can deter client poaching and preserve the relationship between the salon and its clients even in the face of its employees’ departure.
A Broken Promise of Whoppers “For Life”: Why the Oregon Man’s Lawsuit Against Burger King Is Going Nowhere
A man wants free whoppers for life after getting locked in a Burger King bathroom and he has filed a lawsuit to get them. Funny as this lawsuit is, it raises many of the same questions that I get from my clients in some of the most complicated contractual disputes, so I thought I’d address some of the most common questions in this post.
Non-Compete Agreements: Garbage In, Garbage Out
A confusing, ambiguous, or imprecise non-compete agreement will yield poor results in court. In other words: garbage in, garbage out.
Failure to Define “Fee” in a Contract Results in a $5.5M Award Against Yahoo!
When contractual language is not clear, a lot of times, the court will look at the intent of the parties in entering into the contract and analyze the entire contract to make sure that its interpretation of the disputed clause does not contradict or render other parts of the contract meaningless.