Contract Law

Unjust enrichment claims can be maintained where “equity and good conscience” require that one return money of another

Ordinary business expenses are not considered franchise fees unless they are unreasonable and lack a valid business purpose

Nonwaiver clauses are not automatically enforced

If too many vital terms are missing from an agreement no contract exists

Litigants have the right for a jury to determine attorneys’ fees and not the judge

If a party to an at will lease agreement desires to terminate it he must give proper notice

Interpretation of a contract can be accomplished by looking at the words used in the agreement and the conduct of the parties

Good faith and fair dealing covenant is implied into every contract

Where, as here, the practical effect of forcing a case to arbitration would be to deny the injured party a remedy, requiring the case to be arbitrated is unconscionable.

To determine whether a party prevailed in an action the question is examined from an overall view

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