If you write a bad one, your liquidated damages clause can leave you at an increased risk of facing litigation. After all, consider the important role that these clauses play in business contracts. Buyers and sellers enter into agreements to avoid any disputes over the amount of damages or mitigation. While business owners often understand… [Continue Reading]
Most Common Contract Mistakes
Contracts play a critical role in nearly every aspect of our daily lives. An adult can expect to sign a contract in order to complete medical visits, get help with a business, or retain an attorney to provide civil or criminal legal advice. Unfortunately, many people make basic mistakes when it comes to contract preparation… [Continue Reading]
Get it in Writing: The Statute of Frauds
Like much of Western jurisprudence, English common law is the foundation for the American legal system, which includes a 17th Century law known as The Statues of Frauds. Traditionally, the Statute of Frauds requires a written executed document, signed by both parties, the following circumstances: Contracts in consideration of marriage, including prenuptial agreements. Contracts that… [Continue Reading]
Please Text on the Dotted Line
As electronic communication continues to evolve and text messaging augments, or even supplants more “traditional” forms of electronic correspondence, people need to be increasingly on guard that the potential for a simple text message to be interpreted as a binding contract is not so farfetched. A case from last April, adjudicated in the Massachusetts Land… [Continue Reading]
9 Tips for Successful Contract Negotiations
In the world of business, contracts are the grease that makes the wheels turn and ensures each party receives what they expect. The art of negotiation is the fine tuning that can make or break a deal. While some of the points touch upon negotiation techniques, the main thrust of this blog is about the… [Continue Reading]