Is a trust agreement a contract? Another look
Boyle v. Anderson (Va. April 14, 2022) A while back, we covered a Fairfax Circuit Court decision, which answered the question is a trust...
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Tom Cummins
- May 4, 2023
When you sell a property, do you also sell existing causes of action connected to the property?
Oreze Healthcare LLC v. Eastern Shore Community Services Board (Va. May 4, 2023) The plaintiff leased a set of buildings to the...
Tom Cummins
- Nov 17, 2021
Preliminary injunction for breaching non-compete?
What does an employer need to get a preliminary injunction prohibiting a former employee from working for her new employer?
Tom Cummins
- Aug 3, 2021
30 contract defenses
If you’ve been accused of breaching a contract, there are a number of potential defenses. Here are 30.
Tom Cummins
- Jul 21, 2021
What's a condition precedent?
And if you want to create one, what words and phrases should you consider using?
Tom Cummins
- Apr 16, 2021
Have the receipts?
And if you do, is that going to be enough to prove your case . . .
Tom Cummins
- Apr 1, 2021
American exceptionalism
The Virginia Supreme Court recognizes a new exception to the American rule on attorney fee awards
Tom Cummins
- Dec 10, 2020
Is “fair market value” a sufficiently definite price term?
If you’re going to have a “fair market value” price term in your contract, this case is a must read.
Tom Cummins
- Sep 21, 2020
Is a trust agreement a contract?
Contracts require mutual assent. Trust agreements, like wills, are unilateral acts.
Tom Cummins
- May 14, 2020
When is unjust enrichment applicable? Another look
If you are an owner or general contractor, a must read on potential liability for a sub's contracts.
Tom Cummins
- Apr 10, 2020
Is a counteroffer a rejection?
You can take back your marriage vows, but not your rejected contract offers.
Tom Cummins
- Apr 9, 2020
What’s the difference between quantum meruit and unjust enrichment?
The Virginia Supreme Court explains.
Tom Cummins
- Apr 6, 2020
When are attorney fee clauses unconscionable? Another look
Two keys to enforceable attorney fee clauses under Virginia law.
Tom Cummins
- Apr 2, 2020
No harm, no equitable rescission
The Virginia Supreme Court's latest guidance on the remedy of equitable rescission.
Tom Cummins
- Feb 6, 2020
Plain meaning in complex contracts, a case study
Or, an example of when complexity ought not be confused with convolution.
Tom Cummins
- Jan 8, 2020
Can your non-compete clause prohibit services to a single client?
You can't prohibit your employees from providing any services to your client after they leave your employment.
Tom Cummins
- Jan 2, 2020
When are attorney fee clauses unconscionable?
In a form contract, an attorney fee clause awarding one party all its fees, regardless of the case's outcome, is unenforceable.
Tom Cummins
- Dec 24, 2019
Are strong whiskey and bad jokes viable contract defenses?
From the archives . . .
Tom Cummins
- Dec 4, 2019
How much does free dirt cost?
A cautionary case about how even free dirt may cost you.
Tom Cummins
- Nov 14, 2019
Is the source-of-duty rule a defense to fraudulent inducement? (And what is that rule again?)
Insurer reviews company's business and recommends $6 million policy, which company buys. Uh-oh . . .
Tom Cummins
- Oct 31, 2019
Damages for personal injuries?
A family contracts with a company to build a home. Leaks, mold, sick family follow. Can they sue for personal injuries?
Tom Cummins
- Oct 24, 2019
Waive the statute of limitations?
A personal guarantee prospectively waives the right to raise statute of limitations as a defense. Is this waiver enforceable?
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