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Monthly Archives: November 2012

Acceptance & Rejection of Conforming & Non-Conforming Goods

In closing a sale under the Uniform Commercial Code (“UCC”), the first question to consider is whether the goods are conforming. Goods are conforming if they are precisely as agreed upon in the build up to the transaction. For instance, if there is a contract between merchants for the sale of one-thousand car tires with black […]

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Warranties with the Sale of Goods — Breach of Warranty

Warranties can arise whenever there is a sale of goods, whether it be between merchants or by a merchant to a consumer. There are three main types of warranties: express warranties, the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose. The Uniform Commercial Code — which has been adopted […]

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Assignments & Subleases: Landlord-Tenant

Both assignments and subleases occur when a tenant/lessee lease the land out further to a third-party. An assignment is when the lessee conveys the whole term, leaving no reversionary interest in the landlord/grantor/assignor. If the instrument purports to transfer the lessee’s estate for the entire remainder of his term it is an assignment, regardless of its […]

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Establishment Clause: Church & State

The so-called separation of Church and State is a hot topic issue that inevitably results in differing opinions. But what does the U.S. Constitution actually say on the issue?  The First Amendment provides, in part, that “Congress  shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The bold provision is […]

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Punitive Damages

Many people ask about punitive damages because they read about large jury awards in which steep punitive damages are levied against a Defendant. First, what are punitive damages? Second, how are they calculated? Punitive damages are simply a monetary sanction to punish a litigant for egregious conduct and/or to deter other individuals/entities from similar offenses […]

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Marital Privilege Communication, Divorce

The law contains a number of exceptions as to when a person may be compelled by a Court to testify. Common examples include when the attorney-client privilege applies or when the 5th amendment privilege against self-incrimination applies. Attorneys cannot be compelled to testify as to the subject matter of their legal communications with a client […]

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Contract Impracticability — Defense to Breach of Contract

What happens if you enter into a contract to achieve a specific purpose, and then the performance of that contract renders it impractical to carry out the contract?  Impracticability may excuse performance by a contracting party because the happening of an event unforeseen by the parties that destroys the value of performance or the object […]

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Declaratory Judgments: Determining Contracts, Real Estate, Written Documents

Generally a court’s jurisdiction is limited to an ongoing case and controversy. However, in Missouri, an individual may petition the court for a declaratory judgment to determine certain rights, status, or other legal standing. In order for a Missouri Court to even entertain a declaratory judgment, it must be presented with: (1) a justiciable controversy that […]

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