A material breach of contract is a failure to fulfill a contract which is so severe that the contract itself is broken and nullified. Such a breach strikes at the core of the contract and the agreement between the two parties. In such a case, the offended party is usually able to end the agreement and try to collect damages from the other in court. Courts will look at several factors to determine ...
On August 21, 2008, Michael Eaton was a customer at Dogfish Head Alehouse. He began drinking beer and liquor at 5:00 pm, allegedly ordering fourteen bottles of beer and two drinks of hard liquor and drinking at least one other drink that was purchased for him. Mr. Eaton stopped drinking at about 10:00 pm that evening and left, but returned to the Dogfish Head about forty-five minutes later and ...
"The law applies common sense," I often tell my clients. "No special words are usually needed when you draft an agreement; just make sure it is clear." Unfortunately, that is not always the case. After suffering a recent disappointment in a case in Federal court, my client, Aversion Technologies, consented to my discussing its case here so that others can take heed and avoid what happened. ...
Covenants not to compete ("non-competes" or "restrictive covenants") arise in several contexts. Employers often require employees to sign non-competes when they begin work with a company. Businesses frequently request covenants not to compete when they work with other businesses, such as in Government subcontracts or franchise agreements. Likewise, the buyer of a business will usually make it a ...
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