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Monthly Archives: February 2019

Material Misrepresentations Can Invalidate a Contract

Business and Commercial Disputes By Harvey Binnall PLLC - 2019/02/28 at 07:00pm

Experienced Alexandria Business Dispute Lawyer If you’ve breached a contract, then you could be exposed to significant civil damage liability as a result.  When defending against a breach of contract claim, however, it’s important to understand that there are a variety of ways in which you can avoid liability. One common defense strategy is to assert that the plaintiff made material misrepresentations relating to the contract, thus invalidating it.  An invalid contract is simply not enforceable, and as such, you cannot be held liable for breach. Misrepresentation and Contractual “Meeting of the Minds” Contracts are only valid if the parties […]

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Unconscionability in Contract Law

Business and Commercial Disputes By Harvey Binnall PLLC - 2019/02/21 at 06:55pm

Experienced Alexandria Business Dispute Lawyer Contracts are not always fair or reasonable.  If you are involved in litigation over a contract that may be invalid due to fundamental unfairness (i.e., unconscionability), then we encourage you to contact Harvey & Binnall, PLLC for further guidance on how to proceed. Unconscionable Contract Provisions Unconscionable contract provisions are invalid and unenforceable by law.  A provision will be deemed unconscionable if it is unjust, one-sided, or oppressive in nature.  There are a number of ways in which a provision may qualify as unconscionable, such as: One or more of the parties was intimidated, coerced, […]

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The Basics of Perjury

White Collar Criminal Defense By Harvey Binnall PLLC - 2019/02/14 at 06:49pm

If you’ve been accused of or charged with perjury, then you could be facing significant criminal penalties.  Perjury is a felony, and depending on the jurisdiction, you could be facing a sentence of up to five or ten years imprisonment. What is Perjury? Though definitions may vary slightly from jurisdiction-to-jurisdiction, more generally, the crime of perjury can be defined as making a false statement (under oath or through signed legal documentation) that has a material impact on the relevant legal proceedings.  For example, a defendant may “perjure” themselves by giving a false alibi in court. As perjury is believed to […]

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Accounting Fraud Basics

Bank Fraud By Harvey Binnall PLLC - 2019/02/07 at 06:46pm

Accounting fraud — regardless of the jurisdiction in which you have been charged — is a serious felony that is punishable by financial penalties and a term of imprisonment (up to 10 years in Virginia).  If you’ve been charged with accounting fraud, it’s critical that you consult a qualified white collar defense attorney as soon as possible. Defining Accounting Fraud There are many forms of accounting fraud, though all operate on the same fundamental principles.  Put simply, accounting fraud involves the manipulation (i.e., falsification or concealment) of financial records so as to create a false impression of a company, which […]

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