If the Other Side Breaches the Contract, Can You Too?
2021-08-27T16:50:44-07:00When is a party legally excused from performing its promises because the other party breached the contract first?
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When is a party legally excused from performing its promises because the other party breached the contract first?
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.
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.
To minimize risk and set expectations, businesses can plan for the conclusion of services by using termination and cancellation clauses in 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.
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.
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.
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.
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