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Tag: Contract

Attorney / Contracts

The Importance of Written Contracts (Part 2)

April 14, 2021April 14, 2021 - by Demorest Law Firm

This is part two of a two-part series addressing why it is important to put a contract in writing.  Part 1 can be found here. In addition to the legal …

The Importance of Written Contracts (Part 2) Read More
Contracts / Court Decisions / Litigation

Modifications to existing contracts must be in writing or supported by consideration

August 22, 2018October 16, 2019 - by Demorest Law Firm

The Michigan Court of Appeals recently decided in Dunkel v. Signal Medical Corp., whether extensions for the repayment of promissory notes that were agreed upon by the parties were modifications …

Modifications to existing contracts must be in writing or supported by consideration Read More
Attorney / Contracts / Court Decisions / Employment Law / Litigation

All payments received under breached settlement agreement must be returned under Michigan’s “tender back” rule before party may proceed with lawsuit of released claims

June 22, 2018October 16, 2019 - by Demorest Law Firm

Recently, the Michigan Court of Appeals in Giba Yob v. Sid Smith and John Van Fossen et al, Docket No. 339607 (May 15, 2018) affirmed the trial court’s dismissal of …

All payments received under breached settlement agreement must be returned under Michigan’s “tender back” rule before party may proceed with lawsuit of released claims Read More
Court Decisions / Litigation

Uncertainty as to the amount of damages may be fatal to recovery in a breach of contract case

June 7, 2018October 16, 2019 - by Demorest Law Firm

In a recent unpublished opinion, the Michigan Court of Appeals held that the damages incurred by a plaintiff in a breach of contract case were not so uncertain and speculative …

Uncertainty as to the amount of damages may be fatal to recovery in a breach of contract case Read More
Legal Updates

Choice of Law Provision in Contract Does Not Avoid Application of Michigan Procedural Law

September 29, 2017October 16, 2019 - by Demorest Law Firm

In Brazos Higher Educ. Serv. Corp. v. Stinnett, 2017 Mich. App. LEXIS 485, *3, the Court of Appeals ruled on the issue of whether a choice of law provision created …

Choice of Law Provision in Contract Does Not Avoid Application of Michigan Procedural Law Read More
Legal Updates

Liquidated Damages Upheld in Contract Dispute

September 25, 2017October 16, 2019 - by Demorest Law Firm

At issue in, Abhe & Svboda v. State, 2017 Mich. App. LEXIS 1387, *9, is whether a liquidated damages provision could be enforceable against Plaintiff Abhe & Svobda, Inc, when it …

Liquidated Damages Upheld in Contract Dispute Read More
Legal Updates

Right to Contract Extends into the Courtroom

September 18, 2017October 16, 2019 - by Demorest Law Firm

The Court in Bacow v. Master Beat, Inc., 2015 Mich. App. LEXIS 2032, *1, touched on a topic near and dear to most corporations’ hearts, the freedom to contract. More …

Right to Contract Extends into the Courtroom Read More
Legal Updates

Specific Offer Sheets May Constitute Binding Contracts

July 17, 2017October 16, 2019 - by Demorest Law Firm

Recently, the Michigan Court of Appeals decided U.P. Hydro v. Artibee, 2016 Mich App LEXIS 2428 *6. This decision has caused confusion regarding offers with attached contingencies.  The Court considered …

Specific Offer Sheets May Constitute Binding Contracts Read More
Legal Updates

Fail To Object, Write A Check

May 2, 2017October 16, 2019 - by Demorest Law Firm

An “account stated” is a statement between a creditor and a debtor that settles the total amount of debt owed to the creditor. Establishment of an “account stated” by a …

Fail To Object, Write A Check Read More
Contracts / Employment Law / Litigation

Court of Appeals Holds That Employers May Shorten The Time Period for Employees to Bring Lawsuits

March 14, 2017October 16, 2019 - by Demorest Law Firm

The Court of Appeals recently upheld a provision in an employment contract that limited an employee’s ability to bring a claim against the employer after one-year. Sams v. Common Ground …

Court of Appeals Holds That Employers May Shorten The Time Period for Employees to Bring Lawsuits Read More

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