Author: williamjtuckerlaw_dro417

William J. Tucker Law > Articles by: williamjtuckerlaw_dro417

Defamation

          Defamation is basically a statement that is untrue, which harms another person. Defamation comes in two forms — libel and slander.  Libel. A libel is a defamatory statement that is said to be in permanent form, such as a writing, something typed up, set forth in an email or fax, or a newspaper article, […]

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Fraudulent Transactions

There are four types of fraudulent transactions, sometimes referred to as fraudulent conveyances or fraudulent transfers. Transfers Made with the Intent to Defraud Creditors. The first type of fraudulent transfer is one made with the actual intent to defraud creditors.  The creditors for whose protection these types of fraudulent transfers apply are not limited to […]

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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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