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
On behalf of Thaler Law on Monday, September 9, 2019. In America today, common sense tells you that the cost for any form of workplace discrimination is likely to be high, both personally and professionally. There’s probably going to be shaming on social media and possibly a lawsuit. The chance of a lawsuit increases exponentially with the size of the business. Here in California, there are several laws at play in a discrimination suit. If your business is currently at risk in terms of a discrimination suit, consider discussing your options with an experienced lawyer. But first, it’s important to understand the facts. What individuals are protected? Individuals cannot be discriminated against based on the following characteristics: race, ancestry, religion,
On behalf of Thaler Law posted in contracts on Tuesday, August 20, 2019. Running a successful small business is not easy, which is why many California business owners often look for ways they can save time and money. One way they may do this is by using preprinted contracts when negotiating and formalizing business transactions. Simply printing off a pre-made contract seems like a good idea, but in reality, it may not be the best choice. In simple and straightforward transactions or in situations where two familiar parties are repeating the same transaction again, a pre-made contract could work. Sometimes, all that is necessary is a simple explanation of the rights, expectations and benefits of both parties. In these cases,
On behalf of Thaler Law posted in business formation on Tuesday, July 23, 2019. When it comes to legal agreements, it's important for a business to take the time to ensure that the terms of the agreement meet its needs and allow for continued cooperation between the two parties. One of the most difficult challenges that a California company may face is securing payment from clients. Strong contracts can help a company get payment from its customers and clients in a timely manner. One important note is to ensure that any contract clearly spells out the terms of the sale and what actions should trigger payment from a customer. It will also help to ensure that a contract clearly spells
On behalf of Thaler Law posted in business formation on Thursday, June 27, 2019. Businesses can take certain steps to ensure important information is protected and they secure the specific things that give them a competitive edge over California competitors. One option involves employment contracts, and for some businesses, this means including nondisclosure terms in the contract or writing separate nondisclosure agreements for employees to sign. NDAs can be useful tools for various types of businesses. These contracts allow a California business to keep its important information safe in the event that an employee who has access to this information leaves the company. It's a smart way to keep everything from client lists to secret formulas in the right place.
On behalf of Thaler Law posted in business formation on Tuesday, May 28, 2019. California business owners understand the importance of reducing legal complications whenever possible. One way to do this is by having strong employment contracts. When carefully and thoughtfully drafted, these are tools that business owners can use to protect their legal interests and clearly outline each party's rights and responsibilities. Employee contracts provide an explanation of what an employee can and cannot do, specifically when leaving the company. For example, a nonsolicitation clause can prevent a frustrated employee from encouraging others to leave the company or taking important information with him or her when leaving. Additionally, it is possible to include terms that will mandate all disputes