When is a party legally excused from performing its promises because the other party breached the contract first?
managing risk
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
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?
Non-Compete Agreements: Expiration Date and Appellate Fate
All small business owners, even those without employees, should understand Washington's workers' compensation reimbursement rights.
What Business Owners Should Know About L&I’s Workers’ Compensation Reimbursement ...
Excusing Contractual Performance Because of Uncontrollable Circumstances By Stacia Hofmann, Small Business Attorney & Certified Risk Manager One of […]
Force Majeure – A Force To Reckon With
It is December, and as there are "12 days of Christmas" and 12 jurors on a jury, I thought I'd use the coincidence to highlight 12 instances of allegations of juror misconduct in real-life civil trial deliberations.
The 12 Jury Trials of Washington
Beware of the Risk of Going Bust By Stacia Hofmann Cornerpoint Case Pops are dedicated to summarizing relevant, new cases […]