Author: williamjtuckerlaw_dro417

William J. Tucker Law > Articles by: williamjtuckerlaw_dro417

Statutes of Limitation and the “Delayed Discovery” Rule

Statutes of limitation require that claims be brought within a specified period of time, and if they are not brought within that specified period of time, they are forever barred. Statutes of limitation for some tort claims can be as short as one year; claims for breach of contract can be as long as four […]

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Tolling Statutes of Limitation

All causes of action, whether based in tort or contract, must be brought within a certain period of time after “accrual” of the cause of action. The limitations periods are set forth in statutes and typically vary from one year to ten years, depending on the cause of action involved. In some instances, the running […]

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The Equitable Action of Accounting

An action for an accounting is an equitable cause of action. As discussed below, for statute of limitations purposes, the cause of action for an accounting must sometimes be distinguished from the remedy of an accounting.  When, for instance, the gravamen of a Complaint is based on some other cause of action, such as conversion […]

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Trade Libel

A “libel” is a false statement. Thus, libel, in the sense of defamation (referred to below as “ordinary libel”), and trade libel are similar in that they are causes of action available to plaintiffs about whom, or about whose trade or goods, false statements are made. However, “libel” in the sense of defamation is a […]

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California’s Unfair Competition Law

California’s Unfair Competition Law is found in Business & Professions Code sections 17200 et. seq. The Unfair Competition Law (“UCL”) prohibits two types of conduct: (1) any “unlawful, unfair, or fraudulent business act or practice,” and (2) any unfair, deceptive, untrue, or misleading advertising, or other type of advertising prohibited by Business & Professions Code […]

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Interference with Economic Relations

Interference with economic relations can take two forms — interference with a contract, and interference with a business relationship which has not yet ripened into a contract. As noted below, the law provides greater protection to a party whose contract is interfered with, than to one who has only a prospect of a forthcoming contract […]

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Principals and Agents

An agent is a person who acts for a principal in dealings with third parties. The agent stands in the shoes of the principal when entering into transactions with third parties on behalf of the principal. An agent can act for the principal in numerous ways and for different purposes. One such purpose would the […]

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law books

The Consumer Legal Remedies Act

An important tool in consumer attorneys’ toolbox is the Consumer Legal Remedies Act (“CLRA”).  The purpose of the CLRA is twofold — to protect consumers against unfair and deceptive acts and practices, and to provide a mechanism for honest businesses to avoid meritless and harassing lawsuits. The CLRA applies to the sale of goods to […]

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The “Economic Loss Rule”

One of the least well known and largely misunderstood rules in civil litigation is the “Economic Loss Rule.”  An excellent description of the Economic Loss Role and an explanation of when it does and does not apply is found in the California Court case of Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal. […]

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When Must Contracts Be in Writing to be Enforceable?

Contracts may be oral or in writing. The general rule is that any contract, whether oral or in writing, is enforceable, so long as it contains a quid pro quo and is legal. However, certain contracts must be in writing to be enforceable. However, it would be more correct to say, as the Statute of […]

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