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…

Most contracts are created to establish rights and responsibilities between the parties who enter into the agreement. In some situations, however, a person who did not sign the contract may still have legal rights arising from its terms. Courts carefully…

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…