Business lawyers are often asked how can the opposing party have a completely different interpretation of the SAME contract and what it says? The answer lies in the various tools that judges use to interpret a written agreement to discern what it says. The following is an outstanding opinion in understanding how a judge may …
A Minnesota business lawyer is often asked how much a buyer can sue a seller for when the seller does not deliver a product. Generally, the measure of damages for nondelivery by a seller is the difference between the market price at the time when the buyer learned of the breach and the contract price …
How much can a buyer claim for damages if the seller does not deliver the goods? Read More »
When a business relationship is terminated, the terminated business owner will sometimes try to claim a franchise relationship so as to prevent the termination. Many franchise acts require a putative franchisor to jump through various procedural hoops to terminate a franchisee, such as allowing the putative franchisee an opportunity to cure its alleged defaults. In …
No franchise business relationship existed to prevent termination of would-be franchisee Read More »
A Minnesota contract lawyer is often asked, “Do I have a contract that is enforceable?” Or, a contract lawyer hears, Can I get out of this contract? The answer often depends on whether a contract was formed. This case discusses contract formation in Minnesota. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Spice Corp, …
Minnesota contract law requires objective definite meeting of the minds Read More »
In summary, the following statutes provide that parents are liable for the acts of their children under certain circumstances: Minn. Stat. 540.18: parent is jointly & severally liable for up to $1,000 for willful, malicious acts of child who is under 18 and living with parent; but only special damages recoverable. Minn. Stat. 611A.79, subd. …
In Minnesota are parents liable for the acts of their children? Read More »
A business lawyer is often asked what the statute of limitation is on a breach of contract claim. The answer is relatively straightforward: six years. But on what date does the six year period begin running? A cause of action for breach of contract generally accrues at the time of the alleged breach; however, if …
Minnesota business layers are often asked if a franchisor can stop a franchisee from using its trademarks if the franchisee has been terminated. The answer is yes, so long as the franchisee has been validly terminated. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Buffalo Wild Wings International, Inc., Plaintiff, v. Grand Canyon Equity Partners, …
Experienced business lawyers in Minnesota are often asked whether a party can get out of its settlement agreement. When the parties to a contract of release knowingly and voluntarily, with advice of counsel, agree to release all injuries, both known and unknown, they effectively assume the risk of mistake as to the nature and extent …
A settlement agreement in Minnesota is enforceable unless a fraud occured. Read More »
A contract lawyer is often asked if summary judgment is appropriate in a breach of contract case. Generally yes, if the facts are undisputed. But an ambiguous contract defeats a motion for summary judgment, because a judge or jury needs to determine intent UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Schmidt Printing, Inc., Plaintiff, v. …
Minnesota contract and business lawyers know that the doctrine of contra proferentem can sometimes help a person to get out of a contract if the written agreement does not mean what the party intended. United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-3068 ___________ Penford Corporation; * Penford Products Company, * …
If the other party wrote the contract can I get out of it? Read More »
