Category Archives: Contracts
Is an Arbitration Clause Right for You?
The United States Supreme Court has recently ruled on an arbitration clause involving a consumer’s dispute with DirecTV. The case brings to light the question of whether including arbitration clauses in your business agreements may be right for you. What is Arbitration? Arbitration is a contractual clause that forces anyone who sues you to… Read More »
Do All Contracts Have To Be In Writing
A common question that business owners tend to ask regards whether oral agreements are enforceable. There seems to be an urban myth that they aren’t, or that if you “don’t have it in writing” then an agreement can’t be enforced. In fact, most oral agreements are enforceable, but some are not. Making sure that… Read More »
Should You Have a Personal Guarantee in Your Contracts?
In the course of your business dealings, you may have legitimate concern over what happens if you don’t get paid for a service you render, or a product that you provide. In many cases, it may seem as simple as filing a lawsuit to collect your money. But as many who have done it… Read More »
Can You Avoid Being Disinherited?
In many cases, there may be reasons why someone chooses to disinherit a relative. Some of the reasons may be rational, and some irrational, and in some cases, the disinherited party may be aware that they will be disinherited, while in other cases, it may come as a complete surprise to the disinherited party…. Read More »
Important Boilerplate Contractual Provisions (Part 2)
Last week we looked at some standard boilerplate contractual provisions, and became aware of some little known pitfalls that could come to those who use them in their business contracts without knowing what they really mean. This week, in part 2, we’ll look at some additional standard language that you may see in your… Read More »
Boilerplate Contract Provisions and How They Affect You (Part 1)
It may seem logical that in business contracts every term and provision would be unique to your particular agreement or situation. While that’s generally true, there are many provisions that appear over and over again and are sometimes automatically put in no matter the kind of contract or what it may encompass. These are… Read More »
One Word in a Business Contract Can Make a Huge Difference
It’s often surprising how major business deals or complex financial transactions can be determined by the meaning of a single word or phrase in a contract or agreement. A number of business disputes end up in court just over the interpretation of an ambiguous term. A recent case is another reminder of how important… Read More »
Beer Fight Shows Why It’s Important to Pay Attention to Government Regulation of Your Business
If you have a business, you usually can’t afford to ignore governmental regulation and compliance. The amount of regulation that a business is subject to varies depending on industry, but it’s usually always there to some extent. Beer Makers Fight Over Interpretation of Licensing Regulations An interesting dispute over the breadth of regulation has… Read More »
Hyperbole vs. Binding Promises: When Does One End and the Other Begin?
If you have a business, being successful often entails marketing yourself to the public. And as we all know, marketing sometimes involves bold statements and perhaps outlandish offers to get the public’s attention. But where does the line between simple advertising statements end and creating an actual enforceable contract begin? Promises vs. Puffery We… Read More »
If You’re Looking to Protect Your Business With a Non-Compete, Make Sure It’s Done Correctly
If you have a business, you may be considering asking employees or co-workers to sign non-compete agreements. In many cases, as a business owner, you may have legitimate reasons for wanting such agreements. But there’s danger in those agreements—if not properly worded and in conformance with Florida law, you could find that the agreement… Read More »
