A Minneapolis, Minnesota contract lawyer knows that a breach of contract claim premised upon a breach of the implied covenant of good faith and fair dealing can be a powerful claim. In In re Hennepin County 1986 Recycling Bond Litigation, 540 N.W.2d 494, 502 (Minn. 1995), the Minnesota Supreme Court held that: Under Minnesota law, …
An oral promise to pay the debt of a business entity may be enforceable even if it is not in writing. To begin with, an experienced Minnesota business lawyer knows that oral agreements are generally enforceable. However, the Minnesota statute of frauds provides that some agreements must be in writing. The statute can be found …
An experienced Minneapolis, Minnesota contract lawyer knows that advertising brochures and other descriptions of a product by a seller can, in some circumstances, create an express warranty, such as when the advertisements contain very specific claims and promises as to how a certain product will perform. Minn. Stat. § 336.2A-210 is Minnesota’s version of the …
A contract warranty disclaimer is not automatically enforceable Read More »
A Minnesota business law lawyer that litigates business disputes, know sthat when pleading fraud, a plaintiff must plead with specificity the exact misrepresentation of existing fact that the defendant purportedly made in order to withstand a motion to dismiss. Ogletree, Abbott, Clay & Reed Law Firm, L.L.P., Plaintiff, v. FindLaw, West Publishing Corporation, and Thomson …
A Minneapolis, Minnesota contract attorney knows that a spouse typically cannot use jointly owned property of the married couple as collateral and grant a security interest in it without the other spouse’s consent. Bob D. CROZIER; Karen K. Crozier, Plaintiffs-Appellants v. Stanley L. WINT, Defendant-Appellee. No. 12-3507. United States Court of …
A Married Couple Typically Cannot Collateralize Jointly Owned Property Read More »
A Minneapolis, Minnesota business lawyer knows that the damages to be paid pursuant to the stipulated damages provision here must be reasonably correlated to the probable harm to be suffered. United States District Court, S.D. Ohio, Western Division. LEISURE SYSTEMS, INC., Plaintiff, v. ROUNDUP LLC, et al., Defendant. No. 1:11–cv–384. Oct. 31, 2012. …
A Minneapolis, Minnesota contract attorney knows that courts typically prefer a commercially reasonable interpretation of a contract. C.A. ACQUISITION NEWCO, LLC, Plaintiff-Appellee, v. DHL EXPRESS (USA), INC., Defendant-Appellant. No. 12-1013. United States Court of Appeals, First Circuit. Heard August 2, 2012. Decided October 2, 2012. 110*110 Anthony C. White, with whom O. Judson …
A Minneapolis, Minnesota contract attorney knows that an exculpatory clause in a contract can prevent an injured party from suing a tortfeasor for negligent acts, but, as a matter of public policy, an exculpatory clause in a contract cannot prevent an injured party from suing a tortfeasor for intentional, willful, or wanton acts CHRISTINE …
A Minneapolis, Minnesota contract attorney knows there is a growing body of case law through which courts have applied more intense scrutiny to contractual waivers and disclaimers. See, e.g., Slack v. James, 364 S.C. 609, 614 S.E.2d 636, 641 (2005) (stating that a general non-reliance clause does not prevent claims of misrepresentation and fraud). This …
Contractual waivers and disclaimers are not necessarily enforceable Read More »
An experienced Minneapolis, Minnesota contract attorney knows that unlike the duty of good faith imposed on parties in contract performance, there is no inherent duty of good faith with respect to contract formation. Whether a party has agreed to negotiate in good faith and the scope of that duty are determined by the terms or …
No obligation exists to negotiate in good faith, unless the parties agree otherwise Read More »
