When is a party legally excused from performing its promises because the other party breached the contract first?
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In Washington, preinjury contractual releases and waivers of liability are permitted. Whether or not they are actually enforceable depends on several factors, one of which is the conspicuousness of the contract language.
Liability Waivers Need to Be Obvious
In their contracts, businesses can preselect certain states, counties, or courts to host a future lawsuit between the parties. Doing so has its pros, and occasional cons.
What Small Businesses Need to Know About Forum Selection Clauses
To minimize risk and set expectations, businesses can plan for the conclusion of services by using termination and cancellation clauses in contracts.
Termination and Cancellation Provisions in Service Contracts
If you're considering adding an arbitration requirement to a contract, you can choose which types of disputes to leave in court and which types of disputes to ship off to private arbitration.
What Kind of Dispute Did We Agree to Arbitrate?
With a condition precedent, if a condition in a contract is not met, then the promise related to the condition does not have to be fulfilled.
Conditions Precedent in Contracts
Arbitration is an alternative venue to court. If a party could seek a judge midcourse, there would be increased delays and expenses for all parties.
Judges Cannot Intervene During Private Arbitration
Some employment roles have value beyond wages. An employment offer that overpromises or is not well-drafted can be just as risky, if not more so, than having no employment offer at all.
At-Will Employment: How Are Job Positions Valued?
Fundamentally changing an at-will employee's job duties after employment begins may result in a claim for breach of contract.
Is Your Small Business Overpromising in Written Employment Offers?
By understanding that even minor, unintentional marketing mistakes can lead to consumer protection claims, business owners can better manage the risks of their various marketing efforts.
Washington’s Consumer Protection Act: No Materiality Required
An agreement to arbitrate requires that the parties actually agree to arbitration.
Arbitration Agreements: Don’t Put the Cart Before the Horse
Time flies, but lawsuits move slowly, so it's entirely possible that parties may be involved in court litigation when the restrictive time frame in a non-compete agreement expires. Why is that important?