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Category: Litigation

Conditions Subsequent in Breach of Contract Actions

Litigation By Harvey Binnall PLLC - 2018/10/31 at 09:59pm

An Alexandria Commercial Litigation Lawyer Can Help Breach of contract litigation is rather common.  In many cases, however, the breach is not a consequence of intentional malfeasance, but is instead a consequence of miscommunication or misunderstanding as to the terms of the contract (or the satisfaction of provisions thereof). Express conditions of contract — conditions subsequent and precedent — can alter your contractual duties significantly.  For example, if your contract included a “condition subsequent” that freed you from having to complete the rest of your contractual duties, then you can terminate the contract at will. Let’s take a closer look. […]

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Agent Authority and Contract Disputes

Litigation By Harvey Binnall PLLC - 2018/10/24 at 09:52pm

Alexandria Commercial Litigation Lawyer Whether you are the plaintiff or defendant in a breach of contract dispute, litigation may be complicated if the contractual agreement itself was effectuated by an “agent.”  Parties may disagree that the agent had the authority necessary to create a valid and enforceable contract, and this could have a significant impact on liability. Confused? Let’s move forward step-by-step and examine the basics of agent authority in the contract dispute context. Actions of Authorized Agents Bind Their Principal Authorized agents — whether those agents have been authorized explicitly, impliedly, or apparently — may have the power to […]

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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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How a Settlement Can Lead to a Win-Win Outcome

Business and Commercial DisputesLitigation By Harvey Binnall PLLC - 2018/06/22 at 12:23pm

If you are involved in the early-goings of a business dispute, then chances are that you’ve considered the possibility of a settlement (i.e., a negotiated compromise where both parties agree to an end to the dispute and to further litigation).  Despite the fact that the majority of cases end in a settlement, they are only vaguely understood by most people.  As such, plaintiffs may not realize the point of settlement and the benefits in engaging in negotiations in order to reach a settlement compromise. According to a study conducted by Cornell Law School researchers, aggregate settlement rates ran as high […]

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