Insurance policies do not provide any coverage (either defense or indemnity) for contract breaches. Rather, most liability insurance policies provide coverage for personal injury and/or property damage claims. Some insurance policies provide coverage for “professional negligence” and/or “errors and omissions.” Depending upon the circumstances of the case, the insurance policy involved, and the allegations of […]
Trade Secrets and Former Employees
In our modern, complex society, many businesses develop, maintain, and rely upon trade secrets to shield competitive advantages in their marketplaces. A “Trade Secret” is information (including a formula, pattern, compilation, program, device, method, technique, or process) that derives independent economic value, actual or potential, from not being generally known to the public (or to […]
Mitigation of damages in a breach of contract case
When a breach of contract occurs, the party not in breach is required to mitigate (i.e., to minimize) his or her damages by whatever means are reasonably available. A failure to mitigate damages will result in a loss of the right to recover the amount that should have been mitigated. Let’s say, for example, a […]
Remedies for breach of contract: legal, equitable, injunction and rescission
A “remedy” is the relief a Court may grant upon finding that a wrong has been committed. Remedies for breach of contract fall into two main classifications: “legal” remedies (i.e., the right to be awarded monetary damages) and“equitable” remedies (i.e., the right to some relief from the Court other than damages). Legal remedies With regard to […]
Commercial and residential real estate disputes
There are some major differences between a residential real estate and commercial real estate disputes. The California State Legislature has passed a number of laws regulating residential real estate transactions. One of the most important of those is a statute requiring the seller to make written disclosures about the property being sold describing a number […]
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