Detroit Business Law – Resources for Metro-Detroit Businesses
Resources for Metro-Detroit Businesses
In December of 2015, the Michigan Court of Appeals handed down a decision which spells caution for parties entering into a long-term contract for the supply of goods at a …
Michigan Court of Appeals Decision Urges Caution When Entering Into Fixed-Price, Take-or-Pay Contracts Read MoreThe Court of Appeals of Michigan recently ruled on a case which should encourage caution for anyone entering a contract in which all of the terms are not clearly stated. …
Extreme Caution Should Be Exercised Before Entering into A Contract That Does Not Contain Definite Terms Read MoreIn the recent case, Rieth-Riley Construction Co., Inc. v Ecopath Contracting LLC, the Michigan Court of Appeals highlighted the importance of being specific in drafting contract terms. In that case, …
Specific Details Can Be Important in Contract Drafting Read MoreGenerally in contracts, when a person is acting as an agent for a disclosed principal, the agent will not become a party to the contract and will not be personally …
Importance of Establishing Principal-Agent Relationship in Contracts Read MoreWhen drafting a contract, you should be sure to include the names of all parties to the contract, especially where parent entities are involved. This is important in case of …
Importance of Naming Parent Company in Contract Read MoreIn Michigan, attorney fees are generally not recoverable as either costs or damages unless they are expressly authorized by contract, statute, court rule, or a recognized exception. Express authorization means …
The Importance of an Attorney Fee Provision in Contracts Read MoreParties to a contract may agree in that contract to arbitration. Where a valid arbitration agreement is found in a contract, the parties must first bring any legal claims they …
Court of Appeals Rejects “Contagion Theory” of Arbitration – Can’t Be Forced To Arbitrate Claims You Did Not Agree to Arbitrate Read MoreIdeally, the terms of an agreement will be found in one-concise writing, where the parties’ intentions and responsibilities are clear. However, ideal situations do not always occur, and sometimes (either …
Consistency Key When Multiple Documents Make Up Agreement Read MoreThe Court of Appeals, in its unpublished opinion in Tuscany Grove v. Gasperoni (June 24, 2014), affirmed the lower court’s dismissal of claims by a condominium association against one of …
Organizations Required to Follow Bylaws in Bringing Lawsuit Read MoreThe Michigan Court of Appeals, in a recent unpublished case, affirmed a trial court’s holding that contracts may be construed against the drafter where there is an ambiguity in the …
Being The Writer of a Contract May Have Consequences If Conflict Arises Read More