Contract Law

The doctrine of reformation and mutual mistake allow a contract to be changed to accurately reflect the parties intent

Commercial impracticability, impossibility and force majeure are somewhat overlapping defenses

Without express contractual language providing otherwise, a provision restricting the assignment of a contract will be construed to be a covenant like any other contractual covenant—a breach thereof will render the breaching party liable in damages but will not make the contract a nullity.

A plaintiff must plead “the time, place and contents” of the false representations, the identity of the individual who made the representations and what was obtained thereby

Doctrine of reformation permits a court to rewrite a contract so that it accurately reflects the parties’ true agreement at the time of contracting.

Failure of consideration occurs when a contract that was initially valid becomes unenforceable because the performance bargained for has not been rendered

If a contract is severable, a buyer can, with reference to any one of the parts into which the contract is divisible, affirm or rescind without prejudice to his choice as to the other parts

For a settlement agreement to be enforceable there must be an objective meeting of the minds

Minnesota courts have long recognized the use of estoppel to enforce agreements otherwise required to be in writing.

A party may maintain both a claim for breach of contract and a claim for breach of the implied covenant of good faith and fair dealing based on the same conduct.

« Previous PageNext Page »