Written contracts can generally be modified only by another signed writing or by an “executed” oral agreement (i.e., an oral agreement actually performed). Oral discussions about modifying a written contract which are not executed (performed) will not change the contract terms. At times, the parties will present to the Court a series of emails to […]
Statute of limitations for breach of contract disputes
Statutes of limitation are deadlines imposed by law regarding breach of contract disputes. They define the date by which a legal action must be filed or be barred for untimeliness. In the case of a written contract, the statute of limitations is 4 years from the date of breach. In the case of an oral […]
Resolving litigation through settlement agreements
Courts favor settlement agreements because they bring litigation to a close and allow the parties and the Court to go onto other matters. Professionally prepared settlement agreements will normally include a covenant all disputes – whether known or unknown – are being settled, and that the parties agree to waive the protections of Civil Code […]
Revised Limited Partnership Act: a law that addresses the problem of incomplete or informal contracts.
It is not unusual to find that the written contract(s) between business partners do not speak to the precise issue that has arisen. Such gaps in contract language may be filled in by law. California’s Revised Uniform Partnership Act (“RUPA”), for example, provides that “To the extent the partnership agreement does not otherwise provide, this […]
Common Contract Disputes
Common contract disputes and the types of litigation claims associated with those contracts include: Real property sales and purchase contracts.These contracts frequently give rise to claims for breach of contract, specific performance, constructive trust, improper disclosures, and fraud. Real estate lease agreements.Commercial lease and residential lease contracts give rise to claims for breach of contract, […]
