Negligent misrepresentation in Minnesota is defined in state law. Commonly litigated issues arise over whether defendants owe a duty of care. Defenses to the claim include primary assumption of risk and comparative negligence. Recovery for a negligent misrepresentation claim is limited to compensatory damages. A person is liable for negligent misrepresentation when in the course of
Minnesota Breach of Contract Attorney
What is a Contract?
A contract is any agreement made between two or more people. The agreement is usually documented in paper and signed, but it is sometimes oral. Oral contracts are slightly more difficult to prove in court, because of evidentiary difficulties. The historic intent of the law in contracts is to give effect to the intent of all parties to a contract. The intent of the parties, whether written or unwritten, are the real terms of the contract. If there is a disconnect between the written terms and the evident intent of the parties, courts may ignore the written terms in favor of the way the parties have been conducted themselves in their course of dealing.
Breach of Contract
When a contract term, either express or implied, is breached (broken), the injured party may bring a civil suit. The usual remedy is money damages, but a court may also order specific performance, rescission or reformation of the contract. The money damages are measured by (1) the injured party’s direct loss, and (2) indirect loss, if it was reasonably foreseeable by both parties at the time of the contract.
Two Common Types of Breach of Contract
Breach of Employment Contract
One of the most common contracts to which people agree are employment contracts. Most breaches of contract in the employment context are handled by mediation or employment tribunals. If an employee brings a breach of contract before a civil court, the employer may bring counterclaims, so potential plaintiffs should be certain that they are not at fault for the situation. Most questions about whether an employer has breached a contract can be answered by going back and reading the employment contract. If the case involves workplace discrimination, the injured party must first file their case with the federal EEOC or the equivalent state office. The government office will respond to the case by taking up the cause or giving a “right to sue” letter. This is a necessary step before filing a lawsuit for discrimination.
Breach of Contract in Construction
Another of the most common contracts to which people agree are with contractors. If a contractor has not performed the desired work to specification, an action can be brought against him for breach of contract. A court will be very concerned with whether the non-performance constitutes a material breach or partial breach. A partial breach is a minor non-performance, which does not deprive the injured party of the benefit which was expected. For example, if the contractor installed red pipes instead of blue pipes, a court would not find a material breach, because the benefit of functionality has not been destroyed. The damages available to a party injured by a partial breach is usually the difference in value between the work expected and the work completed. The damages for a material breach is usually the cost of correcting the breach, which is usually much higher than the difference in value. If the damages are less than $7,500, the injured party should usually pursue the matter in small claims court.
Why You Need a Solid Agreement with Your Partners: STP’s Sad Tale
Why You Need a Solid Written Agreement with Your Partners: The Unfortunate Tale of Stone Temple Pilots You Control Intellectual Property Your Company Creates by a Written Partnership Agreement The current legal battle among members of the Stone Temple Pilots may evolve into an excellent example of how to avoid common mistakes that business owners
3rd Party Contract Interference: Tortious Interference Laws in Minnesota
Tortious Interference with a Contract or Prospective Contractual Relations While it may surprise you, parties to a contract are not the only ones who can be liable for a breach of the contract. If you take part in helping a party breach a contract, you can also be liable. This is called “tortious interference with
What are the Remedies for a Material Breach of Contract?
In Minnesota, a breach of contract occurs when a party to the contract does something that is prohibited by the contract, or fails to do something that is required by the contract. There are breaches, and “material” breaches. Something is “material” if it is an important part of the contract. In an employment contract, paying