When Does a Breach of Contract Occur?

People often wonder if they should take action against another when a breach of contract occurs. The first thing to consider is whether a breach has actually occurred. The answer depends on the nature of the contract itself.

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What are the defenses to a breach of contract?

If someone is accused of breach of contract, there are a number of defenses available to argue that a contract should not be enforced. If any of the basic elements of a contract are missing, or if the contract was made with someone of diminished capacity or for illegal purposes, a contract can be unenforceable.

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Does cashing a check marked “paid in full” mean I can’t collect the balance still owed?

It is a common myth that if someone writes “paid in full” on the memo line of a check, and the check is cashed, then the person cashing it has actually agreed to accept that amount as payment in full and is barred from attempting to collect any further balance due. The person writing the check may attempt to argue that by writing “paid in full,” he offered to settle the debt for that amount, and that by cashing the check the other party accepted the offer, forming a new agreement to accept that amount as full payment.

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What is a binding contract?

A binding contract has three key elements. The parties must be competent, there must be consideration, and there must be mutual assent, which means that each side must be clear as to the essential details, rights, and obligations of the contract.

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What is an adhesion contract?

An adhesion contract is a contract where one side has all of the bargaining power and the other side has to agree to the terms or walk away from the transaction. Adhesion contracts are an extremely common form of contract and an essential part of doing business. However, in certain cases, adhesion contracts or clauses within the contracts will not be considered enforceable.

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Mad at Your Lawyer?

What are your options if you’re dissatisfied with your lawyer’s services? What if your lawyer never returns your phone calls or has over-charged you? This article discusses these issues at length and gives timely information and advice.

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How to Fire your Lawyer

How and when you terminate the attorney-client relationship – and fire your lawyer–can impact your case and your finances. Written notice is always the best form of terminating the relationship. However, before you sign the termination letter, review your retainer agreement, the court’s rules, and your state bar website.

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Do car problems have to occur within 12 months of purchase to qualify under lemon law?

In order to be protected by lemon law in most states, you’ll need to experience car problems within 12 to 24 months of purchase, or 12,000 to 24,000 miles. This time frame varies somewhat by state, so it’s important to check your state’s lemon law for specific requirements. In addition to occurring within a certain time period, the problem must also be characterized as a substantial defect, meaning it must impact the use, value or safety of the car. The car manufacturer must also be given multiple opportunities to repair it. If repeated repairs fail to correct the issue, then your car may be considered a lemon.

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