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A collection of posts containing commentary on contract law.

Waivers of Arbitration Clauses in Employment Agreements

2022-05-27T15:56:10-07:00

Can a party waive an arbitration clause in an employment agreement if there has been no prejudice to the other party? The U.S. Supreme Court says, "Yes!"

Waivers of Arbitration Clauses in Employment Agreements2022-05-27T15:56:10-07:00

If the Other Side Breaches the Contract, Can You Too?

2021-08-27T16:50:44-07:00

When is a party legally excused from performing its promises because the other party breached the contract first?

If the Other Side Breaches the Contract, Can You Too?2021-08-27T16:50:44-07:00

Liability Waivers Need to Be Obvious

2021-07-29T17:17:20-07:00

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 Obvious2021-07-29T17:17:20-07:00

What Small Businesses Need to Know About Forum Selection Clauses

2021-06-30T19:49:33-07:00

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 Clauses2021-06-30T19:49:33-07:00

Termination and Cancellation Provisions in Service Contracts

2021-05-28T08:40:29-07:00

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 Contracts2021-05-28T08:40:29-07:00

What Kind of Dispute Did We Agree to Arbitrate?

2021-04-28T12:39:39-07:00

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?2021-04-28T12:39:39-07:00

Conditions Precedent in Contracts

2021-05-05T13:20:27-07:00

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 Contracts2021-05-05T13:20:27-07:00

Judges Cannot Intervene During Private Arbitration

2021-02-26T18:58:47-08:00

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 Arbitration2021-02-26T18:58:47-08:00

At-Will Employment: How Are Job Positions Valued?

2021-01-29T17:29:51-08:00

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?2021-01-29T17:29:51-08:00