News & Analysis as of

Oral Contracts Contract Terms

Dickinson Wright

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

Dickinson Wright on

Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

Farrell Fritz, P.C.

New York Appellate Court’s Split Decision Involving Delaware LLC Pits “Harsh” Contractarianism Against “Fundamental Fairness”

Farrell Fritz, P.C. on

Last week, the Manhattan-based Appellate Division, First Department, handed down one of the more intriguing decisions by a New York court I’ve seen in a long time involving a dispute between LLC members....more

Lathrop GPM

Tennessee Federal Court Validates Oral Sales Representative Contract and Invalidates Oral Service Contract

Lathrop GPM on

A federal court in Tennessee determined that a binding contract existed between a sales representative and CWS Powder Coatings Company governing the percentage of commissions to be paid to the representative for sales to...more

Gray Reed

Busted Land Transaction Violated the Statute of Frauds

Gray Reed on

In the Estate of Terry Banta presents yet another purported Texas land transaction doomed because of disregard for the Statute of Frauds. Terry Banta and the Herriotts entered into an oral agreement for the Herriotts to...more

Foster Swift Collins & Smith

Common Characteristics of Equine Sale Disputes

Equine sales are on the upswing these days, and many believe we’re now in a seller’s market, with high prices and eager buyers. As a busy lawyer with over 35 years of experience, my phone rings frequently with calls from...more

Roetzel & Andress

Basics of a Healthcare Contract: When Do You Actually Have One and What Happens if It's Breached?

Roetzel & Andress on

Many clients ask, what is a contract? Does it need to be a written contract, or can it be oral? How do you enforce a contract when there’s a breach? In this episode host Ericka Adler, Roetzel Health Law practice group...more

Allen Matkins

Does A Party To A Contract Owe A Duty To Disclose An Intention Not To Renew?

Allen Matkins on

Huy Fong Foods, Inc. makes Sriracha pepper sauce and for nearly three decades Underwood Ranches, L.P. supplied the peppers for Huy Fong's sauce.  Although the parties operated under written agreements for the first decade of...more

Jaburg Wilk

The Assignability of Contracts

Jaburg Wilk on

There are many situations, both in real estate transactions and in non-real estate transactions, when a party to a contract wishes to transfer, or assign, its contractual rights to somebody else. Assignments are commonplace...more

Bass, Berry & Sims PLC

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

Bass, Berry & Sims PLC on

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,...more

Porter Hedges LLP

Business Litigation Alert: "Texas Supreme Court Again Reminds Businesses - Written Contracts Matter Above All"

Porter Hedges LLP on

In what can only be called a cautionary tale, the Texas Supreme Court ruled last week against a Mercedes Benz franchisee, taking away a $130 million jury award and judgment. In a unanimous decision, the Court ruled that the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oral Contract Upheld in California Despite Offer Letter Purporting to Supersede It

Does an employment offer letter that expressly supersedes any oral statements on the part of supervisors concerning conditions of employment preclude verbal wage promises made after the employee is hired? Chen v. M&C Hotel...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide