Not every promise requires a contract. But even if you trust the other party, terms can still be forgotten or contested. In addition, the specific language of a contract and the terms within can be very important in enforcing the contract in the event of a breach. California Civil Code section 1549 provides that “[a] contract is an agreement to do or not to do a certain thing.” Courts have defined the term as follows: “A contract is a voluntary and lawful agreement, by competent parties, for a good consideration, to do or not to do a specified thing.” Robinson v. Magee (1858) 9 Cal. 81, 83. California Civil Code section 1622 provides that “all contracts may be oral, except
The law in California prohibits certain types of practices that attempt to defraud or mislead consumers and others. False advertising, employing methods of price discrimination, predatory lending, amongst other violations can cause companies to be liable for punitive damages and other penalties. Since anyone can allege that they were the victim of a “fraud,” California law places a heightened pleading standard. “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” Lazar v. Superior Court (1996) 12 Cal.4th 631, 645. This means that it is “[a] plaintiff’s burden in asserting a fraud claim…[to] ‘allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said
As a real property owner, you need to actively protect your real property and ensure that no one infringes on the rights established by your real property ownership. Two of the most common issues that property owners face is Encroachment and Nuisance. The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise. This can quite often happen mistakenly because of unclear property boundaries, but it is important to address because it could significantly affect the value of your property. A private nuisance occurs when the plaintiff’s use and enjoyment of his or her
Whether you need a strong defense of your business interests or assistance with everyday issues such as contract review, Thaler law is here for you. To schedule a free initial consultation, call 866-271-5290 or complete our online contact form.