The “Ordinary” Commercial Lease: A Fallacy. It Doesn’t Exist.

by e-LawLines | Nov 7, 2010 | Contract Law, Corporate Law, Real Estate Law, Small Business Law

“It’s just ordinary lease stuff,” Frank said. After a short pause, he continued, “At least, I think it is.” Frank had just been given a document entitled “Standard Commercial Lease – Net.” He wasn’t an unsophisticated...

Restrictive Covenants in Employment Agreements

by e-LawLines | Oct 16, 2009 | Contract Law, Corporate Law, Employment Law, Small Business Law

Employment agreements have become a popular tool in the business world, in both big and small business. Employment agreements establish vital terms and avoid misunderstandings such as “at-will” or other termination provisions. Most employment agreements will contain...

Am I Buying More Than a Business? Successor Liability Issues that May Remain After the Closing

by e-LawLines | Apr 16, 2009 | Commercial Law, Contract Law, Corporate Law, Small Business Law, Taxation

You’re an entrepreneur, and you’ve just found a company you want to buy in order to expand your own business. In setting up the purchase, you’ve decided you want to do an asset purchase. After all, you’ve heard that one of the benefits of an asset purchase is that,...

The Large Print Giveth; And The Small Print Taketh Away or Contract Legal Damages: What are they?

by e-LawLines | Oct 16, 2006 | Commercial Law, Contract Law, Litigation

We’ve all done it. Signed a contract, whether with the home improvement company, for a new set of tires or service on our automobile, or for a home entertainment center. The contract that we just signed will likely have the “fine print” spelling out...

“Accord and Satisfaction” or “How a Notation on a Check Can (Sometimes Unwittingly) Resolve a Payment Dispute”

by e-LawLines | Dec 1, 2005 | Commercial Law, Contract Law, Litigation

Imagine you are a supplier of goods or services and have a customer who remits a check for an invoice, which is less than the amount of the invoice, and included on the check is wording to the effect “this check is payment in full and in full and final satisfaction of...

Employee’s Duty of Loyalty

by e-LawLines | Sep 16, 2005 | Contract Law, Corporate Law, Employment Law, Litigation, Small Business Law

A few months ago, the Missouri Supreme Court issued its latest opinion concerning the duty of loyalty that an employee owes an employer. The case is Scanwell Freight Express STL, Inc. vs. Chan. Scanwell continues the long progeny of cases which commenced with National...