Business asset sales allow companies to transfer selected assets without necessarily transferring ownership of the entire business entity. Disputes can arise when buyers and sellers disagree about what was included in the transaction, the condition of transferred assets, or obligations…
Equitable subrogation can arise when one party pays an obligation for which another party was primarily responsible. In certain circumstances, the paying party may seek to assume the rights associated with the satisfied obligation and pursue recovery from the responsible…
Civil disputes sometimes involve multiple parties who may share responsibility for the same loss or obligation. If one party pays more than its appropriate share, a dispute can arise over whether another responsible party should contribute toward the amount that…
Businesses often act through officers, employees, managers, and other representatives who make decisions on the company’s behalf. Disputes can arise when someone enters into a transaction and another party later claims that the person lacked authority to bind the business.…
A right of first refusal can give a person or business the opportunity to purchase property before the owner completes a sale to someone else. These provisions commonly appear in leases, ownership agreements, and other contracts involving real property. When…
Partnership dissolution claims can arise when partners no longer agree about how a business should operate or whether the partnership should continue. Disputes may involve the partnership agreement, the conduct of a partner, or circumstances that make continuing the business…
Disputes over personal property can arise when one party claims that another improperly exercised control over property that did not belong to them. These cases often require courts to examine the specific facts surrounding the alleged conduct and the applicable…
Out-of-court statements are generally subject to the hearsay rule, but the law recognizes several exceptions that may allow certain statements to be admitted as evidence. One of those exceptions involves statements against interest, which courts evaluate under specific legal requirements…
For a contract to be enforceable, both parties generally must undertake meaningful obligations. When a dispute arises over whether an agreement actually created binding promises, courts may evaluate whether the contract is considered illusory under applicable legal principles. Determining whether…
Hearsay rules often determine whether an out-of-court statement may be admitted as evidence. In some situations, the admissibility of a statement depends on whether the declarant is considered available or unavailable under the applicable rules of evidence. Courts carefully evaluate…