Can a contract prohibit something that is legal? It is entirely possible to make and enforce a contract that forbids you from doing anything that is within your legal rights. One illustration would be a…
What is Anticipatory Breach of Contract? An action that indicates a party’s intention to default on its contractual commitments to another party constitutes an anticipatory breach of contract. The counterparty’s obligation to carry out its…
When both parties breach a contract, the legal outcome is rarely straightforward. Instead of a clear “winner” and “loser,” courts evaluate each party’s conduct, determine whether the breaches are material, and assess whether either side…
What is alternative dispute resolution, and why do California courts encourage it? Alternative dispute resolution, commonly called ADR, refers to structured methods for resolving legal disputes without proceeding directly to a full trial. For business…
How do you handle disputes? When one party wants to dispute a contract, they can start by sending a letter of termination to the party who issued the signed contract. A contract termination agreement describes…
Is Laches A Defense To Breach Of Contract? Laches Defense If an unreasonable amount of time has passed after the incident actually happened, you may be entitled to use the laches defense in a civil…
What is meant by government litigation? Different from other types of litigation, government litigation refers to disputes involving the government, in which legal considerations like sovereign immunity that are uncommon in private litigation can play…
What’s a class action suit? One of the most efficient ways to hold negligent parties accountable is through class action lawsuits. Class actions are intended to assist people in uniting and securing outcomes when it…
What is the difference between mediation and arbitration? Both mediation and arbitration are types of alternative dispute resolution (ADR), that offer alternatives to the costly and time-consuming litigation of a prolonged court battle. Although they…
