Is There a Contract If My Agreement Is Not in Writing? We’ve seen many a question posted on legal forums that look like this: “I gave my brother $3,000 to buy a car and he promised to pay me back, but hasn’t. There is no contract. What should I do?” Another example is, “I told John I would pay him $50.00 to mow my yard. He never told me he was going to do it.
How Do I Get Off This Contract? A frequent question asked by people is how to free themselves of the responsibility for a debt for which they are liable with another person. This frequently arises between family members, partners and friends when the relationship sours for one reason or another. For example, James needs a car to get to work but his credit is not sufficient to buy the car alone. His girlfriend, Mary has
Top 10 LLC Mistakes to Avoid in Everyday Business Practices Paige Kurtz to speak on Limited Liability Companies On February 17, 2017, the National Business Institute will present a seminar on limited liability companies including operating agreements, taxation, asset protection, piercing the corporate veil, member interests, disputes and ethical issues. Ms. Kurtz is a featured speaker at the seminar. Ms. Kurtz will be speaking on disputes within the LLC and what actions should and should
Help! Am I Responsible for a Spouse’s Business Debts? Remember those commercials with the spokesman telling you to protect your personal assets when starting a business? “Incorporate your business today!” said the spokesman. It may have seemed like a gimmick, but one of the purposes behind incorporation is to create a business that is separate and distinct from your personal life and assets. Not all businesses are successful and if the business doesn’t succeed, you
Whose Fault Is It? Homeowner or Contractor? Homeowner/contractor disputes arise every day for a variety of reasons. But, at the base of many of these arguments is the question of who is at fault. Did the homeowner waive its rights somehow? Did the contractor ignore homeowner requests or instructions? Did the contractor follow the instructions of the homeowner which were detrimental to the project? Did the homeowner delay the project due to indecisiveness? The finger-pointing
Breach of Contract or Unfair Business Practice? As a victim of a breach of contract, a you will have varying feelings of disappointment, disgust, hate, and any number of other negative feelings toward the breaching party. More than likely, you will believe that you have been treated unfairly. You may uncover facts you believe show that the breaching party acted or operated a business in a dishonest or false manner. You may believe that you
Paige Kurtz to speak at “Business Contracts A to Z” The National Business Institute will be presenting a seminar on business contracts on September 28, 2016 in Raleigh. Ms. Kurtz is a featured speaker for the seminar. Ms. Kurtz will be presenting on the “Essential Legal Elements” of a business contract and “Breach of Contract.” The topics will cover common terminology for contracts, master agreements, choice of law, statute of limitations, enforceability, disputes and damages.
No Blue Pencil: Non-compete Clauses in Business Sale Contracts The North Carolina Supreme Court recently clarified the playing field with respect to non-compete clauses in sale-of-business contracts. In Beverage Systems of the Carolinas, LLC v Associated Beverage Repair, LLC, No. 316A14 (N.C. Sup. Court Mar. 18, 2016), the court affirmed a long-standing practice and declined to enforce a covenant not to compete though the parties gave the court permission to do so. Non-competition clauses are
To Write or Not to Write (a Contract)? Part 2 If there are two writings, who wins? Recently, the North Carolina Court of Appeals tackled some thorny issues related to written contracts that are quite prevalent in the construction industry today. Three issues: whether there was a contract, which document was the contract and whether there was a valid arbitration clause all created litigation between two general contractors. In the first part of this series,
To Write or Not to Write (a Contract)? Part 1 Does My Contract Need to Be in Writing? A contract is an exchange of promises that the law will enforce, or a writing containing the terms to which the parties have agreed. Clients often express the feeling that they do not have a contract because there is no writing. One of the most common misconceptions is that a contract does not exist unless there is