Category: Contracts

contract law

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 […]

Read More
contract law

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 […]

Read More
Handshake

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. […]

Read More
Contract Law

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 […]

Read More
law books

Warranties Under California’s Commercial Code

In California, as in all other states, the legal rules applicable to contracts are typically found in case law, not statutes. Not so with contracts for the sale of goods. They are governed by the Uniform Commercial Code, a model statute adopted by all 50 states, with little or no changes from state to state. […]

Read More
contract law

What Is A Contract And How Is It Formed?

A contract is an agreement among two or more individuals or entities to do something, or to refrain from doing something.   How is a Contract Formed? There are four requirements for the formation of a contract:  (1) a lawful object, (2) an offer, (3) an acceptance of the offer, and (4) “consideration.”    A […]

Read More