Insights & News

Experienced Alexandria Business Dispute Lawyer If you’ve breached a contract, then you could be exposed to significant civil damage liability as a result.  When defending against a breach of contract claim, however, it’s important to understand that there are a variety of ways in which you can avoid liability. One common defense strategy is to assert that the plaintiff made material misrepresentations relating to the contract, thus invalidating it.  An invalid contract is simply not enforceable, and as such, you cannot be held liable for breach. Misrepresentation and Contractual “Meeting of the Minds” Contracts are only valid if the parties […]

Experienced Alexandria Business Dispute Lawyer Contracts are not always fair or reasonable.  If you are involved in litigation over a contract that may be invalid due to fundamental unfairness (i.e., unconscionability), then we encourage you to contact Binnall Law Group, PLLC for further guidance on how to proceed. Unconscionable Contract Provisions Unconscionable contract provisions are invalid and unenforceable by law.  A provision will be deemed unconscionable if it is unjust, one-sided, or oppressive in nature.  There are a number of ways in which a provision may qualify as unconscionable, such as: One or more of the parties was intimidated, coerced, […]

If you’re engaged in a breach of contract dispute, then there may be a question of validity and enforceability with regard to the underlying contract — you may want to argue that the contract is actually invalid/unenforceable, or that the contract is valid/enforceable. For example, if you are suing a defendant for breaching contract, then the defendant may attempt to argue that they are not liable for breach as the underlying contract was never validly formed. The formation of a valid contract is ultimately dependent on the offer-acceptance paradigm, which is a series of back-and-forth manifestations of intent (relating to […]

In every state jurisdiction, mere non-contractual promises are not generally enforceable under the law.  Unless the offer-acceptance paradigm has been satisfied (for the creation of a valid and enforceable contract), parties must rely on the application of “promissory estoppel” principles to ensure that their non-contractual agreements are enforced. Promissory estoppel is a powerful tool for imposing civil damages in business dispute scenarios involving reliance-inducing promises.  Let’s take a closer look at the elements that form the underlying basis for a promissory estoppel claim. Elements of a Promissory Estoppel Claim Generally speaking, promissory estoppel requires: Clear and unambiguous promise; Reasonable and […]