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Monthly Archives: September 2018

Breach of Contract: A Look at Condition Precedent Clauses

Business and Commercial DisputesLitigation By Harvey Binnall PLLC - 2018/09/28 at 11:32pm

If you have sustained losses due to a breach of contract, then — depending on the particular structure of the contract — you may find that the defendant attempts to avoid liability by arguing that you failed to satisfy some condition precedent necessary for the contract obligations to trigger. Given the complications typical of this defense (and various other defenses that may be asserted), it’s important that you get in touch with a qualified attorney who has the specialized commercial litigation experience necessary to effectively advocate on your behalf.  Here at Harvey & Binnall, PLLC, our attorneys can represent your […]

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Applicability of the Specific Performance Remedy

Business and Commercial Disputes By Harvey Binnall PLLC - 2018/09/21 at 11:28pm

If you have sustained damages in a breach of contract scenario, then — under certain limited circumstances — you may be entitled to equitable relief in the form a specific performance remedy, as opposed to the standard monetary remedy that is usually awarded in breach of contract cases. Let’s take a look at some of the basics of specific performance and how it works. What is the Specific Performance Remedy? Specific performance is a rather unique remedy that is available in a limited set of breach of contract circumstances.  Specific performance compels the defendant to perform their contractual duties, even […]

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Common Defenses to a Bank Fraud Charge

Bank Fraud By Harvey Binnall PLLC - 2018/09/14 at 11:08pm

If you have been charged with bank fraud, then you could be exposed to significant criminal penalties of up to a million dollars in fines and 30 years imprisonment — this can cause many defendants to feel incredibly nervous about the impending litigation.  Should the prosecution gather sufficient evidence to convict you of bank fraud, your entire life will be irrevocably change. Government authorities can be rather heavy-handed in their investigation and prosecution of suspected bank fraud, however, in part because the public has become more suspicious of white-collar crimes in the wake of the 2008 subprime loan crisis and […]

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Handling Partial Breach of Contract Issues

Business and Commercial Disputes By Harvey Binnall PLLC - 2018/09/07 at 01:59pm

If you are involved in a breach of contract dispute where the “breaching party” engaged in conduct that might qualify as a partial breach (not a material breach), you may be entitled to bring a claim against the defendant for damages, even if you are limited in terms of your right to terminate the contract and refrain from further performance of the contractual duties therein. How does partial breach work?  Let’s examine the basics for a clearer picture. Basics of Partial Breach Partial breach — otherwise known as immaterial breach — involves the failure of the breaching party to adhere […]

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