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January 2014 Archives

Oral contracts can be enforced in contract disputes

Oral contracts are generally legally enforceable. However, each state has rules specifying certain contracts that must be in writing. In contract disputes in California, moreover, an oral contract will be harder to prove if one of the parties is denying its existence. However, the existence of a contract can be legally implied by looking at the intention of the parties as evidenced by the circumstances and their regular course of dealings.

Failed promises under grant, breach of contract claimed

An executory contract can be a promise to accomplish some result or provide some product by a certain day in the future in return for a promised consideration. Under California law if a party breaches an executory contract and fails to substantially perform by the specified date, the other party may then claim a breach of contract. The non-breaching party may demand the return of funds paid, especially if it received no divisible value for those payments.

2 wineries say manager stole grapes in contract disputes

Contract disputes in the wine-making industry are as common as in any other business. California is of course a center of domestic wine-making, and the state courts are usually the host of such controversies. For example, two wineries recently sued their vineyard manager, accusing him of confiscating about 6 tons of grapes to his own winery instead of to those owned by the plaintiffs. If the allegations are proved to be true in these contract disputes, then the manager is not only civilly liable for damages but there may also be a criminal violation.

Macy??s and Martha Stewart settle contract disputes amicably

There are several remedies available when a party to a contract breaches it. When a contract is breached in California and elsewhere the non-breaching party may sue the breaching party for losses sustained in not receiving the benefit of the bargain. There are various other remedies associated with contract disputes that can be enforced under the appropriate circumstances.

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