A buyer and a seller enter into an agreement. They agree that the buyer will buy 1,000 bushels of corn from the farmer for $10 a bushel, for a total price of $10,000. They agree that the buyer will pay $10,000 to the seller now, and the seller will deliver the 1,000 bushels of corn […]
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The parol evidence rule is a rule applicable to contracts. The word “parol” means “oral,” and the parol evidence rule provides that oral testimony concerning the meaning of provisions in a contract is inadmissible if it would change the agreement made by the parties. The parol evidence rule applies to both oral and written contracts. […]
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Generally speaking, contracts may be written or oral, although there are exceptions requiring that some contracts be in writing to be enforceable. Of course, parties who enter into any contract would be well advised to put their agreement in writing. The reason, of course, is that memories fade, and even at a point in time […]
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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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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 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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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 […]
Read More 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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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 […]
Read More 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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