Category: Contracts and Agreements
Principal & Agent Liability in California
This article defines and explains the legal concept of Principal and Agent Liability in California. In certain circumstances, a person can be held liable for the actions of another. One of the most common of such situations is called “principal-agent liability.” This situation can come into play when an agency relationship is created. Creation of […]READ MORE
Oral Contract or Agreement to Agree?
Oral Contract or Agreement to Agree? Generally, a contract need not be written to be valid and enforceable under California law unless the subject matter of the contract is subject to California’s statute of frauds. However, where the parties intend that an agreement be reduced to writing, a written agreement is necessary. Contract Formation and […]READ MORE
Force Majeure and COVID-19
The COVID-19 pandemic is bringing new relevance to an old contractual principal, “Force Majeure.” This clause discharges certain contractual obligations upon the occurrence of a force majeure event. What obligations are discharged and under what circumstances depend on the language of the specific force majeure clause. These clauses are often included in contracts but historically […]READ MORE
Orange County Shareholder Disputes Attorneys
Those who financially invest in businesses clearly have a stake in the activities, and decisions made by the business or corporation in which they have invested. Although these individuals, known as shareholders, don’t wield a great deal of power when it comes to the day-to-day operations of the corporation; they do have legal recourse, in […]READ MORE
WHAT IS THE STATUTE OF FRAUDS?
The Statute of Frauds, codified in California Civil Code section 1624, requires certain contracts to be in writing (or that there be written evidence of the contract’s terms). That is, an oral contract (one that is not in writing) may not be enforceable. Contracts that must be in writing include, but are not necessarily limited […]READ MORE
Orange County Unfair Business Competition and Trade Secrets Attorneys
In California, the Unfair Competition Law prohibits anti-competitive practices, which is designed to protect others from unfair, unlawful, or fraudulent business acts or practices. Likewise, unfair competition law makes it illegal for companies to practice unfair, untrue, deceptive, or misleading advertising (AKA “false advertising”) due to the potential to harm others. In cases of unfair […]READ MORE
Orange County Construction Disputes Attorney
Construction projects involve multiple individuals, bound by contracts, with the end goal of seeing a project through to a successful completion. With countless moving parts, and many dozens of individuals (ranging from architects to subcontractors) involved, putting together a successful construction deal can take months or years, just to get the plans laid out. Because […]READ MORE
Orange County Real Estate Litigation Attorneys
Real estate, particularly in Orange County, CA is a significant investment, which means that when something goes wrong in the purchase, sale, or construction of real estate, there is much at stake for the parties involved. From complex financing to multi-party ownership, to disputes arising between a single seller or owner, to accusations of fraud […]READ MORE
Was a Contract Formed in the Sale of a Business?
Understanding whether a valid contract exists, and what its terms are, are essential when traversing the sale of your business. Often buyers and sellers may have a different understanding of where the parties are in negotiations, and failing to formally document all agreements may lead to litigation down the road. If you are involved in […]READ MORE
Commercial Business Insurance Coverage and COVID-19
California businesses, small and large, are navigating the ups and downs of financial insecurity during COVID-19 (coronavirus) while federal and state subsidy and loan disbursements are still in process. Review your commercial insurance policies and the types of claims your business can make. Commercial Business Insurance Commercial business insurance policies may cover financial shortfalls associated […]READ MORE