Contracts are private agreements entered into by two or more parties with the intention of creating legally binding obligations. Although contracts can be made orally, certain contracts must be in writing if they are to be honored or interpreted by a court (e.g., contracts for the sale of land). Breach of contract occurs when a…
Legal Articles
Fraudulent Inducement to Contract
Tort liability can arise out of pre-contractual negotiations and activities. Fraudulent inducement to contract is one such tort that can occur. To make a submissible case for fraudulent inducement to contract, one party to the contract must show that the other party (1) knew or should have known information, that the other party (2) failed…
Non-Compete Agreements
Non-compete provisions in employment contracts are becoming more and more commonplace. And as their use increases, so too does the litigation about their validity. In my estimation, there are three overriding policy interests present in the litigation over non-compete agreements. First, there is the interest in protecting an employer from having employees jump ship and…
Interference with Business Contracts/Expectancy
Missouri case law has established situations where an individual or business can be liable for interfering with contractual or business relationships. The civil tort of tortious interference with business expectancy requires a few elements: there must be a (1) valid existing contract or business expectancy; (2) the defendant has knowledge of the existing contract or…
Contracts
More and more individuals are resorting to standard form contracts found online or with software programs for use in their individual and commercial endeavors. They’re cheap, quick, and easy. What is important to realize, though, is that while these contracts are seemingly a “quick fix” to a problem, they can often cause more problems than…