Tom CumminsJun 26, 2023Is 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...
Tom CumminsMay 4, 2023When 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 CumminsNov 17, 2021Preliminary 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 CumminsAug 3, 202130 contract defensesIf you’ve been accused of breaching a contract, there are a number of potential defenses. Here are 30.
Tom CumminsJul 21, 2021What's a condition precedent?And if you want to create one, what words and phrases should you consider using?
Tom CumminsApr 16, 2021Have the receipts?And if you do, is that going to be enough to prove your case . . .
Tom CumminsApr 1, 2021American exceptionalismThe Virginia Supreme Court recognizes a new exception to the American rule on attorney fee awards
Tom CumminsDec 10, 2020Is “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 CumminsSep 21, 2020Is a trust agreement a contract?Contracts require mutual assent. Trust agreements, like wills, are unilateral acts.