Contract disputes are not always resolved through litigation or a complete fulfillment of the original agreement. In some situations, the parties may reach a new agreement intended to settle an existing dispute or satisfy a contractual obligation under different terms.…

Contracts are intended to reflect the agreement reached by the parties. In some situations, however, both parties may share the same misunderstanding about an important fact when the contract is formed. When disputes arise, courts evaluate whether a mutual mistake…

Many people associate secured debts with mortgages, deeds of trust, or other traditional liens that are formally recorded against property. While these are the most common methods of securing financial obligations, there are situations in which property may secure a…

Rescission is a legal remedy that may be available in certain civil disputes involving contracts or agreements. Rather than enforcing the terms of an agreement, rescission seeks to undo the contract and restore the parties, as nearly as possible, to…

The Purpose of a Public Disclosure Claim Public disclosure of private facts claims are intended to address situations involving the alleged disclosure of private information. However, not every disclosure of personal information creates a legally recognized claim. Courts evaluate whether…

Civil conspiracy claims arise when one party alleges that multiple individuals or entities worked together to accomplish an unlawful objective or a lawful objective through unlawful means. These claims often appear alongside other civil causes of action because civil conspiracy…

Trespass claims involve allegations that a person unlawfully entered or remained on another party’s property without authorization. These disputes may arise between neighbors, businesses, property owners, or other parties involved in civil litigation. Because trespass claims often depend on the…

A duty of care is a legal concept that arises in many civil cases. Before a court can evaluate whether someone may be legally responsible for another person’s harm, it must first determine whether a legal duty of care existed…

Forum selection clauses are contractual provisions that specify where legal disputes related to an agreement must be resolved. When a dispute arises, courts may be asked to determine whether the designated forum should govern the case or whether there is…

After a judgment has been entered, a case is generally expected to move toward resolution. However, courts recognize that mistakes sometimes occur during litigation. In certain circumstances, a party may ask the court for relief from a judgment by arguing…