A successful contract unfolds when each party performs its obligations. A contract must have certain minimum basic things in order to be valid. Here are some of the basic requirements. Consideration This is a legal term for the requirement that each party to the contract must be promising something. Most commonly, one person provides a good or service, and…
We are often asked about whether arbitration makes sense, especially when a client is presented with a contract that requires arbitration of disputes. Here are the benefits and drawbacks of arbitration. Pros Arbitration is a quicker and less expensive way of resolving your conflict. You do not have to go to the lengths of a full trial to get…
Commercial brokers bring together lessors and property owners. Even though their role is that of a middleman, they could end up with legal issues. They owe duties to their clients. In addition, clients must live up to their legal obligations. Here are some common disputes with commercial real estate brokers. Breach of Fiduciary Duty Real estate brokers have an…
Not only is it a good idea to have a business contract in writing, but many times, it is a legal necessity. Without a written document that details and memorializes your rights, you could financially be at risk. How the Statute of Frauds Works To be clear, some oral contracts are enforceable, but you should never really take that…
Federal law protects workers from being discriminated against based on their disability. If an employer has violated the law, the employee can file a civil lawsuit for compensation. How the ADA Works The main federal law in this area is the American With Disabilities Act. The ADA makes disability status a protected class, and it applies to all employers…
While many people have the impression that litigation is all about trial, very few cases actually end up in front of a jury. Many disputes are resolved without having to go to court through compromise and negotiation. In fact, this is the best possible result in a business dispute. The key to resolving a business dispute is getting an…
Employers are not allowed to fire you for discriminatory reasons. Federal law prohibits any type of discrimination against these protected classes based on: Race National origin Gender Age Disability Religion Employers could be liable for monetary penalties in a discrimination lawsuit. In addition, the court could require that you are reinstated to your job. However, you must first begin…
Not every contract ends up being enforceable if one party challenges it in court. At its core, a contract must be for a legal purpose and must be freely negotiated between the two parties. It cannot be so one-sided as to be unconscionable. The main thing that makes a contract enforceable is that each party is giving the other…
Just because you agree to a commercial real estate deal does not mean that it is guaranteed to happen. Here are five common snags that could cause the deal to fall through. Environmental Issues Many commercial real estate deals involve some sort of environmental review. If the deal involves land, this review could reveal that there are environmental issues…
When you think of sex and gender discrimination, you might immediately think of hiring a male applicant over a female applicant or similar employment actions. However, did you know there are several different ways that sex and gender discrimination can manifest in the workplace? It can be difficult to know whether you were a victim of unlawful conduct, so…
