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Category: Business and Commercial Disputes

The Offer-Acceptance Paradigm in Contract Formation

Business and Commercial Disputes By Harvey Binnall PLLC - 2018/12/28 at 12:38pm

If you’re engaged in a breach of contract dispute, then there may be a question of validity and enforceability with regard to the underlying contract — you may want to argue that the contract is actually invalid/unenforceable, or that the contract is valid/enforceable. For example, if you are suing a defendant for breaching contract, then the defendant may attempt to argue that they are not liable for breach as the underlying contract was never validly formed. The formation of a valid contract is ultimately dependent on the offer-acceptance paradigm, which is a series of back-and-forth manifestations of intent (relating to […]

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Mere Promises Are Not Generally Enforceable

Business and Commercial Disputes By Harvey Binnall PLLC - 2018/12/21 at 12:34pm

In every state jurisdiction, mere non-contractual promises are not generally enforceable under the law.  Unless the offer-acceptance paradigm has been satisfied (for the creation of a valid and enforceable contract), parties must rely on the application of “promissory estoppel” principles to ensure that their non-contractual agreements are enforced. Promissory estoppel is a powerful tool for imposing civil damages in business dispute scenarios involving reliance-inducing promises.  Let’s take a closer look at the elements that form the underlying basis for a promissory estoppel claim. Elements of a Promissory Estoppel Claim Generally speaking, promissory estoppel requires: Clear and unambiguous promise; Reasonable and […]

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Under What Circumstances is a Contract Voidable?

Business and Commercial Disputes By Harvey Binnall PLLC - 2018/12/07 at 12:26pm

If you’re involved in a business dispute over a breach of contract, then it’s possible that the underlying agreement is voidable.  Voidable contracts give certain parties additional rights to terminate the contract and to avoid liability for breach, but the circumstances giving rise to a voidable contract are specific and limited. Void vs. Voidable — Understanding the Difference Those who are involved in a breach of contract dispute may not realize that there is a functional difference between void and voidable contracts.  This difference could have significant implications for the case at-hand. Void contracts are fundamentally unenforceable.  They are invalid […]

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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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