Why People Hate Contracts…and How to Fix Them

November 1, 2011

You probably already know why people hate contracts, but a colleague of mine dropped something on my desk this morning and I couldn’t help but share it with my adoring fan.

Share
Read the full article →

Exploring A Foreclosed-Home Purchase Agreement

October 28, 2011
foreclosure sign

Given the incredible glut of foreclosed homes on the market in recent years, I thought it would be interesting to look at a purchase agreement for purchasing a foreclosed home from Fannie Mae, with an emphasis on how it differs from a traditional home purchase agreement.

Share
Read the full article →

Yes—An Engagement is a Contract

October 25, 2011
engagement ring

It’s always kind of surprising to me to how often couples run into conflict about who gets the engagement ring when an engagement is called off. The law has been settled on this for a while, and the answer is always the same: An engagement is a contract to get married, and if you don’t [...]

Share
Read the full article →

(Lack of) Fine Print Friday: Subcontractor Contract

October 21, 2011
steam shovel

This week I wanted to address the problems a person can run into when there is a lack of fine print. Here is a contract for a concrete specialist to take out and replace an existing patio and sidewalk, and we’re going to look at what the lack of fine print means for it.

Share
Read the full article →

Lisa Kudrow on Contract Modification…Sorta

October 17, 2011
flash bulb and filter

As long as all parties to a contract agree, a contract can be modified in almost any way. But there are important considerations to make along the way and requirements that need to be met to ensure that the modification is both valid and enforceable. Read on to learn about everyday contract modifications and how to ensure their strength.

Share
Read the full article →

American Arbitration Association’s Commercial Rules, Part 2

October 14, 2011
american arbitration association logo

Continuing last week’s Fine Print Friday post on the first two sections of the American Arbitration Association’s (AAA) Commercial Rules (PDF here), this week I will examine the section entitled Commercial Arbitration Rules. As usual, I will look through the rules for provisions and clauses that are of particular interest to consumers, unique, or just downright odd. And since there are 54 Commercial Rules, I’m just going to get down to it.

Share
Read the full article →

David Cassidy, Contracts, Statutes of Limitations, and Unconscionability: A Tale of Woe in One Act

October 11, 2011
the milky way

On October 5, 2011, David Cassidy sued Sony (among others) for his share of 40 years of Profits from the Partridge Family. The suit alleges that Sony and the other defendants “have been perpetrating a scam,” having only been paid approximately $5,000 for royalties on Partridge Family merchandise. What can this situation teach us about Statutes of Limitations and Unconscionability?

Share
Read the full article →

American Arbitration Association’s Commercial Rules, Part 1

October 7, 2011
american arbitration association logo

As part of Arbitration Insanity, I have elected to read through the American Arbitration Association’s (AAA) Commercial Arbitration Rules (PDF here). Since it is 15 pages of fine print, though, it will be done in chunks…because neither you nor I want to read all of that craziness in one sitting. First I look through the introductory material and mediation rules.

Share
Read the full article →

← Previous Entries

Next Entries →