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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...
Tom Cummins
Jun 26, 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
May 4, 2023
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
Nov 17, 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
Aug 3, 2021
What's a condition precedent?
And if you want to create one, what words and phrases should you consider using?
Tom Cummins
Jul 21, 2021
Have the receipts?
And if you do, is that going to be enough to prove your case . . .
Tom Cummins
Apr 16, 2021
American exceptionalism
The Virginia Supreme Court recognizes a new exception to the American rule on attorney fee awards
Tom Cummins
Apr 1, 2021
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
Dec 10, 2020
Is a trust agreement a contract?
Contracts require mutual assent. Trust agreements, like wills, are unilateral acts.
Tom Cummins
Sep 21, 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
May 14, 2020
Is a counteroffer a rejection?
You can take back your marriage vows, but not your rejected contract offers.
Tom Cummins
Apr 10, 2020
What’s the difference between quantum meruit and unjust enrichment?
The Virginia Supreme Court explains.
Tom Cummins
Apr 9, 2020
When are attorney fee clauses unconscionable? Another look
Two keys to enforceable attorney fee clauses under Virginia law.
Tom Cummins
Apr 6, 2020
No harm, no equitable rescission
The Virginia Supreme Court's latest guidance on the remedy of equitable rescission.
Tom Cummins
Apr 2, 2020
Plain meaning in complex contracts, a case study
Or, an example of when complexity ought not be confused with convolution.
Tom Cummins
Feb 6, 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 8, 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
Jan 2, 2020
Are strong whiskey and bad jokes viable contract defenses?
From the archives . . .
Tom Cummins
Dec 24, 2019
How much does free dirt cost?
A cautionary case about how even free dirt may cost you.
Tom Cummins
Dec 4, 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
Nov 14, 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 31, 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?
Tom Cummins
Oct 24, 2019
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