Not every enforceable contract is created through a written agreement or spoken promise. In some situations, a party may argue that a contract was formed through the conduct of the parties and the circumstances surrounding their interactions. Courts carefully evaluate…

Contracts sometimes involve questions about whether one party transferred its contractual rights or obligations to another person or business. When disputes arise over whether a valid assignment occurred, courts carefully examine the agreement, the surrounding circumstances, and the applicable legal…

Many contracts include provisions stating that any changes to the agreement must be made in writing rather than through verbal discussions. When disputes arise over whether a contract was modified, courts carefully examine the agreement, the surrounding circumstances, and the…

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…