by e-LawLines | Nov 20, 2014 | Commercial Law, Contract Law
This may come as a shock, but contract negotiations are rarely smooth and risk-free endeavors. There are a multitude of issues to consider, from terms of payment, to performance and damages provisions, to choice of law provisions and arbitration clauses, and many more...
by e-LawLines | Jul 31, 2014 | Contract Law, Real Estate Law
In the case of Commercial Resource Group, LLC v. The J.M. Smucker Company, the U.S. Court of Appeals for the Eighth Circuit was faced with the sticky situation of determining whether The J.M. Smucker Company (“Smucker”) should be required to pay rent for...
by David P. Weiss | Mar 18, 2014 | Contract Law, Corporate Law
Just as in dancing, it always takes two to make an enforceable contract. In a recent contract law case involving a national restaurant chain, the court held that because a management representative of the restaurant chain had not signed the agreement, which contained...
by e-LawLines | May 8, 2013 | Commercial Law, Contract Law, Litigation
The Missouri Court of Appeals recently considered whether an electrical contractor pleaded sufficient facts to establish that a “promise” was made by a general contractor to use the electrical company on a building project for St. Louis County. In its petition, the...
by David P. Weiss | Jan 30, 2013 | Contract Law, Corporate Law, Small Business Law
Sign your agreement! There are just some things I don’t understand.One of them is why a company, a union, or an employer has their counterpart sign an agreement and yet they themselves never sign it. Sometimes the agreement even states that it is not effective...
by David P. Weiss | Mar 28, 2011 | Commercial Law, Contract Law, Corporate Law, Litigation
One of the dreaded documents any business owner faces in a deal is the “personal guaranty.” After all, the business owner went through the steps to incorporate or organize their business just to avoid this personal liability, and now a lender, landlord,...
