As an experienced contract attorney in Arizona I find it interesting that going into the 1860 Republican nominating convention, it was far from certain who would emerge as the presidential candidate for the young party. One of those with hopes of winning the nomination, Abraham Lincoln, did not attend the convention but had friends there lobbying on his behalf. But … Read More
The football season is well under way, new fall television lineups are beginning, and presidential debates are attracting viewers in record numbers. Admit it, you love watching TV. And, if you have a commercial office or store somewhere, you might think it would be a good idea to set up some TV’s in your lobby to make your customers’ experience … Read More
As a business and corporate law attorney I find it interesting that many business owners do not understand there are significant advantages to forming a separate legal entity, such as an LLC or a corporation, to run a business, but fail to realize the full benefit these entities can provide. As a way to relate why it is important to … Read More
Recently I met with a woman who was party to a contract with another person. The woman was extremely frustrated because the other party to the contract breached the contract. I read the contract and listened to the woman describe what happened. There was no doubt that a breach occurred. However, it was equally as clear that this woman did … Read More
Shakespeare reminds us that a rose by any other name would smell as sweet. However, this metaphor only goes so far. A contract signed in any other name is not necessarily enforceable in the same way. Some business owners, for example, have made the mistake of signing their personal name to a contract without making any indication in the document … Read More
It was widely reported recently that Apple, the maker of the iPhone, won a lawsuit against its competitor, Samsung, in the amount of more than $1 billion. It is commonly misunderstood that after a party wins a lawsuit, it will automatically receive the money awarded. Often times, however collecting the money from a judgment is even more challenging than winning … Read More
In Arizona a lawsuit claim based on the breach of an oral contract is subject to a three-year statute of limitations. Other claims may be subject to different limitations, some much shorter. A person with a claim against a public entity, such as a city or state, for example, must serve a notice of claim within 180 days or may not be permitted to bring a lawsuit at all.
The other day, my family and I picked up some fast food on our way home from an outing. Despite knowing better, my wife and I failed to verify at the drive thru that the food we ordered was the same as the food placed in the bag. Several miles later, we opened the bag and realized we did not receive everything we paid for. We were entitled to the food we had purchased, but we decided not to return to the restaurant because it simply was not worth our time and effort (not to mention gasoline) to claim what was rightfully ours.
It is an ancient saying that, according to the words that are written will the world be judged. This statement is at least true for many who take their matters before a court for a determination of their rights and interests. While courts also decide on matters not in writing, written words are generally far superior in a court of law than any oral or implied understandings between parties.
According to some news reports, LeBron James made a promise that he would win an NBA championship for the city of Cleveland. On July 8, the fulfillment of that promise evaporated when James announced his “decision” to play for the Miami Heat. Just like the fans in Cleveland, we all experience broken promises. But while sports fans cannot enforce an athlete’s promise to deliver a championship, the law does protect innocent parties to a broken contract. In many situations, such protection does not have to come through litigation.