Recent Developments in Virginia Contract Law | Breaking News

Is a trust agreement a contract? Another look

Tom Cummins

Jun 26, 2023

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...

When you sell a property, do you also sell existing causes of action connected to the property?

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...

Preliminary injunction for breaching non-compete?

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

Is “fair market value” a sufficiently definite price term?

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.

When is unjust enrichment applicable? Another look

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.

What’s the difference between quantum meruit and unjust enrichment?

Tom Cummins

Apr 9, 2020

What’s the difference between quantum meruit and unjust enrichment?

The Virginia Supreme Court explains.

When are attorney fee clauses unconscionable? Another look

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.

Plain meaning in complex contracts, a case study

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.

Can your non-compete clause prohibit services to a single client?

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.

When are attorney fee clauses unconscionable?

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.

Are strong whiskey and bad jokes viable contract defenses?

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.

Is the source-of-duty rule a defense to fraudulent inducement? (And what is that rule again?)

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?