Recent Answers to Litigation Law Questions

Danny J.

Answered Dec 18, 2024

In general, a business contract can be terminated if one party fails to fulfill their obligations, which is known as a material breach of contract. However, the specifics depend on several factors: 1. Contract terms: The agreement may include specific provisions for termination in case of breach. 2. Materiality of the breach: The failure must be significant enough to undermine the contract's purpose. 3. Notice and cure periods: Some contracts require giving the breaching party notice and an opportunity to rectify the situation. 4. Documented evidence: It's crucial to have clear documentation of the breach and its impact on your business. 5. Legal requirements: Proper procedures must be followed to terminate the contract legally. The situation you've described - consistent failure to deliver agreed-upon quantities on time, causing significant delays and financial losses - could potentially constitute a material breach. However, determining whether you have the right to terminate and the appropriate steps to take requires a thorough review of: - The specific contract terms - The extent and impact of the supplier's failures - Any communications between you and the supplier regarding these issues - Applicable state and federal laws Given the complexity of contract law and the potential consequences of improperly terminating a contract, it would be advisable to consult with a legal professional. They can review your specific situation, assess the strength of your position, and guide you through the appropriate steps to protect your business interests.

Dolan W.

Answered Sep 27, 2024

Hello! I'm sorry about this situation. The short answer? No. That's the short answer. Here is the long answer: To modify a contract legally, the following requirements must be met: All parties to the contract must agree to the modification. This means that both parties must sign and date the amendment to the contract. The parties to the contract need new consideration -- something of legal value -- to modify a contract. For example, if a party wants more money for something they would need to provide additional performance in exchange. A writing is not required for a modification, but recommended. You're saying that the FDD has terms that you did not agree to. Without proof that they offered additional consideration (something of value) to you in exchange and without proof of your agreement, the term would be unenforceable. \ Good luck!

Dolan W.

Answered Sep 17, 2024

Hello! I'm so sorry that this happened to you. To modify a contract legally, the following requirements must be met: All parties to the contract must agree to the modification. This means that both parties must sign and date the amendment to the contract. The parties to the contract need new consideration -- something of legal value -- to modify a contract. For example, if a party wants more money for something they would need to provide additional performance in exchange. A writing is not required for a modification, but it is recommended. If they are making changes to the agreement, then they have to wait until the term is over (e.g. every 30 days) before they can make any changes. Best of luck to you!

J.R. S.

Answered Jan 5, 2024

Yes, details of a settlement agreement can be made public, especially when a governmental body is involved due to the Public Information or Open Records Act. This act states that the public has a right to access information on government affairs and official acts of public officials and employees unless expressly excepted. However, there are exceptions to this general rule. For instance, disclosure of personnel information that would "constitute a clearly unwarranted invasion of personal privacy" is excepted. This is not to say that all settlement agreements are public. In some cases, parties to a settlement agreement may choose to include confidentiality clauses, which prevent the details of the settlement from being disclosed to the public or any third party. The legal rule for agreements between attorneys or parties touching any suit pending is that they will not be enforced unless they are in writing, signed and filed with the papers as part of the record, or unless they are made in open court and entered of record.

Alan B.

Answered Dec 26, 2023

Your settlement could be limited to claims in the past. It’s effect on future claims will depend on: 1) the limiting language in the settlement agreement, and 2) the nature of the future claim (i.e., whether any part of the claim covered by settlement agreement language).

Bobby H.

Answered Oct 20, 2023

Although engaging a lawyer is preferred, there is generally no legal prohibition against a non- lawyer making his/her own demand or respoding to a demand provided you do not threaten violence or bodily harm or use any other language which may give rise to criminal liability. However, if the amount the claim is undisputed, and depending on the type of claim, there are provisions which allow a court to award the person making the claim his/her attorneys fees in addition to the amount of underlying claim if a demand is rejected under circumstances if the case goes to court. Thus, use of an attorney is again advised but generally not legally required.