As with many questions in the law, the answer to this inquiry is “it depends.” “The essential elements of a valid contract include offer, acceptance, and bargained for consideration.”[1] The creation of a contract requires that two parties mutually assent to the same bargain at the same time-an assent which is usually in the form… Continue reading Is an Unsigned Contract Enforceable?
The term “force majeure” translates literally from French as superior force.[1] Black’s Law Dictionary defines force majeure as “[a]n event or effect that can be neither anticipated nor controlled.”[2] In the law, it is the term for a contract provision that allocates the risk of specified events including natural and man-made events. If that unlikely… Continue reading Force Majeure Clauses and the COVID-19 Pandemic
Many contracts contain a clause requiring a notice of default and opportunity to cure prior to filing suit or demanding arbitration. For a contract with such a clause, before an action can be taken, the party claiming the other has breached an agreement must: 1) send a notice describing the way(s) in which the party… Continue reading What is a Notice of Breach and Opportunity to Cure?
The doctrine of commercial frustration applies to discharge a party’s contractual obligation when “[p]erformance remains possible but the expected value of performance to the party seeking to be excused has been destroyed by a fortuitous event, which supervenes to cause an actual but not literal failure of consideration.” Graham v. Kim, 111 Nev. 1039, 899… Continue reading Frustration of Purpose Defense
Impossibility of performance is a defense to breach of contract or excuse of non-performance for events that occur after a contract is entered into. Mere unexpected difficulty, expense, or hardship involved in the performance of a contract does not excuse performance. Where the difficulty or obstacle does not make performance objectively impossible, and the personal… Continue reading Impossibility of Performance
In Nevada, to prevail on a claim for breach of contract action must show (1) the existence of a valid contract, (2) a breach by the defendant, and (3) damage as a result of the breach.[1] For a breach of contract to be material, it must go to the root or essence of the agreement… Continue reading What Constitutes a Material Breach of Contract?
In many states, courts will enforce a written promise that one will not compete with another party to the agreement, such as a key executive promising not to compete with her employer if she leaves the company. What would happen if the executive left the company, then helped someone else to compete with the executive’s… Continue reading Obtaining an Injunction Against Non-Signatories to Non-Compete Agreements
The following abstract explains Nevada’s parol evidence rule and its application to claims made in her courts. Parol evidence is inadmissible “[w]hen parties reduce a contract to writing, all prior oral negotiations and agreements are merged in the writing, and the instrument must be treated as containing the whole contract, and parol [evidence] is not… Continue reading The Parol Evidence Rule in Nevada
Generally Nevada has no limit on the rate of interest to which parties may agree so long as the agreement reflects an arms-length transaction.[1] Further, Nevada allows compound interest on loans.[2] Pawnbrokers and Short Term Loans Although Nevada does not have a general limitation on interest rates, certain transactions and business are subject to interest rate… Continue reading Usury Laws in Nevada
In Nevada, the defense of the doctrine of unclean hands “derives from the equitable maxim that ‘he who comes into equity must come with clean hands.’ ” Omega Industries, Inc. v. Raffaele, 894 F.Supp. 1425, 1431 (D.Nev.1995) (quoting Ellenburg v. Brockway, Inc., 763 F.2d 1091, 1097 (9th Cir. 1985)). The doctrine bars relief to a party… Continue reading The Unclean Hands Doctrine in Nevada
In Nevada, a Lis Pendens is a document recorded with the recorder’s office giving all the world constructive notice that the plaintiff in a lawsuit claims an interest in certain real property. The recording of a lis pendens requires the filing of a lawsuit and that the lawsuit involves some claim legal interest in the… Continue reading Lis Pendens in Nevada
In Nevada, a “Durable Power of Attorney for Health Care” is a signed, dated, and witnessed written instruction naming another person as your “agent” or “health care proxy” to make medical decisions for you if you should become unable to make them for yourself. The instrument may include instructions regarding any treatment you would desire… Continue reading What Is A Durable Power Of Attorney?
