Blog Posts in February, 2013

When Does Talking to Someone's Competitors Become a Breach of Contract?

According to an article in the Bangor Daily News , a construction company is suing a wind farm developer for breach of contract . The contract at issue is a preconstruction, negotiation contract where each party agreed to negotiate exclusively and in good faith with one another on a final construction agreement. The construction company is accusing the wind farm developer of meeting with other ...

Through Multiple Trials Breach of Contract Case

As discussed in an article in the Madison-St. Clair Record , an appellate court recently upheld a breach of contract case. It is a good example of how some of these contractual issues play out in the courtroom. It is important not to rely on the specific outcome or statements of law in this case, but instead use it as a general outline of common contract law principles. The Case In this matter ...

Breach of Contract Liability & Oral Modifications

New York Court Finds Breach of Contract Despite Verbal Agreement Businesses that regularly enter commercial contracts with one another often rely on past practices and verbally agree to minor modifications despite the existence of a “no oral modification” provision. Most contracts include this standard of provision, which requires all changes to the agreement to be made in writing. The New York ...

Martha Stewart's Company Sued for Breach of Contract

According to a Reuter’s article , Macy’s, Inc. is suing J. C. Penney and Martha Stewart Living Omnimedia (“MSLO”) for tortious interference of contract and breach of contract, respectively. Macy’s and MSLO have a contract, which, among other things, gives Macy’s an exclusive right to sell certain Martha Stewart products including bedding, home decor and cookware. Macy’s goal with this lawsuit is ...

When Is a Cancelled Contract a Breach of Contract?

A contract can end in a variety of ways. The goal is for a contract to end based on the agreed upon terms, with everyone completing their part as established by the agreement. Sometimes contracts have clauses that allow for the preemptive cancellation of the agreement under specific circumstances. Usually this only occurs when one party knows that they will only be able to complete the contract ...

Television Reporter Sues for Breach of Contract

Kurt Knutsson, better known as Cyber Guy, is suing his previous employer for breach of contract after a recent firing. Mr. Knutsson had a five year employment agreement with his employer, the KTLA television station, but he was terminated from his position after only two years. According to his lawsuit, his termination occurred suddenly and he was not given a reason for it. The case is a good ...